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Senate File 514 - ReprintedA 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, paragraphs i, j, k, and
2s, Code 2023, are amended to read as follows:
3i. The department of health and human services, created in
4section 217.1, which has primary responsibility for services
5to individuals to promote the well-being and the social and
6economic development of the people of the state;.
7j. The Iowa department of public health, created in chapter
8135, which has primary responsibility for supervision of public
9health programs, promotion of public hygiene and sanitation,
10treatment and prevention of substance abuse use disorder, and
11enforcement of related laws;.
12k. The department on aging, created in section 231.21,
13which has primary responsibility for leadership and program
14management for programs which serve the older individuals of
15the state; and for services relating to Latino persons, women,
16persons with disabilities, community action agencies, criminal
17and juvenile justice planning, African Americans, deaf and
18hard-of-hearing persons, persons of Asian and Pacific Islander
19heritage, and Native Americans.
20s. The department of human rights, created in section
21216A.1, which has primary responsibility for services relating
22to Latino persons, women, persons with disabilities, community
23action agencies, criminal and juvenile justice planning,
24African Americans, deaf and hard-of-hearing persons, persons of
25Asian and Pacific Islander heritage, and Native Americans.
26 Sec. 6. Section 8.39, subsection 2, Code 2023, is amended
27to read as follows:
282. If the appropriation of a department, institution, or
29agency is insufficient to properly meet the legitimate expenses
30of the department, institution, or agency, the director, with
31the approval of the governor, may make an interdepartmental
32transfer from any other department, institution, or agency of
33the state having an appropriation in excess of its needs, of
34sufficient funds to meet that deficiency. Such transfer shall
35be to an appropriation made from the same funding source and
-2-1within the same fiscal year. The amount of a transfer made
2from an appropriation under this subsection shall be limited
3to not more than one-tenth of one percent of the total of all
4appropriations made from the funding source of the transferred
5appropriation for the fiscal year in which the transfer is
6made. An interdepartmental transfer to an appropriation which
7is not an entitlement appropriation is not authorized when
8the general assembly is in regular session and, in addition,
9the sum of interdepartmental transfers in a fiscal year to an
10appropriation which is not an entitlement appropriation shall
11not exceed fifty percent of the amount of the appropriation
12as enacted by the general assembly. For the purposes of
13this subsection, an entitlement appropriation is a line item
14appropriation to the state public defender for indigent defense
15or to the department of health and human services for foster
16care, state supplementary assistance, or medical assistance, or
17for the family investment program.
18 Sec. 7. Section 8A.321, subsection 4, Code 2023, is amended
19to read as follows:
204. Contract, with the approval of the executive council,
21for the repair, remodeling, or, if the condition warrants,
22demolition of all buildings and grounds of the state at the
23seat of government, at the state laboratories facility in
24Ankeny, and the institutions of the department of health and
25 human services and the department of corrections for which no
26specific appropriation has been made, if the cost of repair,
27remodeling, or demolition will not exceed one hundred thousand
28dollars when completed. The cost of repair projects for which
29no specific appropriation has been made shall be paid as an
30expense authorized by the executive council as provided in
31section 7D.29.
32 Sec. 8. Section 8A.362, subsection 8, Code 2023, is amended
33to read as follows:
348. All fuel used in state-assigned automobiles shall be
35purchased at cost from the various installations or garages
-3-1of the state department of transportation, state board of
2regents, department of health and human services, or state
3motor pools throughout the state, unless the state-owned
4sources for the purchase of fuel are not reasonably accessible.
5If the director determines that state-owned sources for the
6purchase of fuel are not reasonably accessible, the director
7shall authorize the purchase of fuel from other sources. The
8director may prescribe a manner, other than the use of the
9revolving fund, in which the purchase of fuel from state-owned
10sources is charged to the state agency responsible for the
11use of the motor vehicle. The director shall prescribe the
12manner in which oil and other normal motor vehicle maintenance
13for state-owned motor vehicles may be purchased from private
14sources, if they cannot be reasonably obtained from a state
15motor pool. The director may advertise for bids and award
16contracts in accordance with competitive bidding procedures
17for items and services as provided in this subchapter for
18furnishing fuel, oil, grease, and vehicle replacement parts for
19all state-owned motor vehicles. The director and other state
20agencies, when advertising for bids for gasoline, shall also
21seek bids for ethanol blended gasoline.
22 Sec. 9. Section 8A.504, subsection 1, paragraph d,
23subparagraph (1), Code 2023, is amended to read as follows:
24(1) Any debt, which is assigned to the department of health
25and human services, or which is owed to the department of
26health and human services for unpaid premiums under section
27249A.3, subsection 2, paragraph “a”, subparagraph (1), or
28which the child support recovery unit services is otherwise
29attempting to collect, or which the foster care recovery unit
30 services of the department of health and human services is
31attempting to collect on behalf of a child receiving foster
32care provided by the department of health and human services.
33 Sec. 10. Section 8A.504, subsection 2, unnumbered paragraph
341, Code 2023, is amended to read as follows:
35The collection entity shall establish and maintain a
-4-1procedure to set off against any claim owed to a person by a
2public agency any liability of that person owed to a public
3agency, a support debt being enforced by the child support
4recovery unit services pursuant to chapter 252B, or such other
5qualifying debt. The procedure shall only apply when at the
6discretion of the director it is feasible. The procedure shall
7meet the following conditions:
8 Sec. 11. Section 8A.512, subsection 1, paragraph b,
9subparagraph (2), Code 2023, is amended to read as follows:
10(2) Claims for medical assistance payments authorized under
11chapter 249A are subject to the time limits imposed by rule
12adopted by the department of health and human services.
13 Sec. 12. Section 10A.108, Code 2023, is amended to read as
14follows:
1510A.108 Improper health and human services entitlement
16benefits or provider payments — debt, lien, collection.
171. a. If a person refuses or neglects to repay benefits or
18provider payments inappropriately obtained from the department
19of health and human services, the amount inappropriately
20obtained, including any interest, penalty, or costs attached
21to the amount, constitutes a debt and is a lien in favor of the
22state upon all property and any rights or title to or interest
23in property, whether real or personal, belonging to the person
24for the period established in subsection 2, with the exception
25of property which is exempt from execution pursuant to chapter
26627.
27b. A lien under this section shall not attach to any amount
28of inappropriately obtained benefits or provider payments, or
29portions of the benefits or provider payments, attributable to
30errors by the department of health and human services. Liens
31shall only attach to the amounts of inappropriately obtained
32benefits or provider payments or portions of the benefits or
33provider payments which were obtained due to false, misleading,
34incomplete, or inaccurate information submitted by a person in
35connection with the application for or receipt of benefits or
-5-1provider payments.
22. a. The lien attaches at the time the notice of the
3lien is filed under subsection 3, and continues for ten years
4from that date, unless released or otherwise discharged at an
5earlier time.
6b. The lien may be extended, within ten years from the
7date of attachment, if a person files a notice with the county
8recorder or other appropriate county official of the county
9in which the property is located at the time of filing the
10extension. From the time of the filing of the notice, the lien
11period shall be extended for ten years to apply to the property
12in the county in which the notice is filed, unless released
13or otherwise discharged at an earlier time. The number of
14extensions is not limited.
15c. The director department shall discharge any lien which is
16allowed to lapse and may charge off any account and release the
17corresponding lien before the lien has lapsed if the director
18 department determines, under uniform rules prescribed by the
19director, that the account is uncollectible or collection costs
20involved would not warrant collection of the amount due.
213. To preserve the lien against subsequent mortgagees,
22purchasers, or judgment creditors, for value and without notice
23of the lien, on any property located in a county, the director
24shall file a notice of the lien with the recorder of the county
25in which the property is located at the time of filing of the
26notice.
274. The county recorder of each county shall prepare
28and maintain in the recorder’s office an index of liens of
29debts established based upon benefits or provider payments
30inappropriately obtained from and owed the department of health
31and human services, containing the applicable entries specified
32in sections 558.49 and 558.52, and providing appropriate
33columns for all of the following data, under the names of
34debtors, arranged alphabetically:
35a. The name of the debtor.
-6- 1b. “State of Iowa, Department of Health and Human Services”
2as claimant.
3c. The time that the notice of the lien was filed for
4recording.
5d. The date of notice.
6e. The amount of the lien currently due.
7f. The date of the assessment.
8g. The date of satisfaction of the debt.
9h. Any extension of the time period for application of the
10lien and the date that the notice for extension was filed.
115. The recorder shall endorse on each notice of lien the day
12and time filed for recording and the document reference number,
13and shall preserve the notice. The recorder shall index the
14notice and shall record the lien in the manner provided for
15recording real estate mortgages. The lien is effective from
16the time of the indexing.
176. The department shall pay, from moneys appropriated to
18the department for this purpose, recording fees as provided in
19section 331.604, for the recording of the lien.
207. Upon payment of a debt for which the director department
21 has filed notice with a county recorder, the director
22 department shall provide to the debtor a satisfaction of
23the debt. The debtor shall be responsible for filing the
24satisfaction of the debt with the recorder and the recorder
25shall enter the satisfaction on the notice on file in the
26recorder’s office.
278. The department of inspections, and appeals, and
28licensing, as provided in this chapter and chapter 626, shall
29proceed to collect all debts owed the department of health and
30 human services as soon as practicable after the debt becomes
31delinquent. If service has not been made on a distress warrant
32by the officer to whom addressed within five days from the
33date the distress warrant was received by the officer, the
34authorized investigators of the department of inspections, and
35 appeals, and licensing may serve and make return of the warrant
-7-1to the clerk of the district court of the county named in the
2distress warrant, and all subsequent procedures shall be in
3compliance with chapter 626.
49. The distress warrant shall be in a form as prescribed
5by the director, shall be directed to the sheriff of the
6appropriate county, and shall identify the debtor, the type
7of debt, and the delinquent amount. The distress warrant
8shall direct the sheriff to distrain, seize, garnish, or levy
9upon, and sell, as provided by law, any real or personal
10property belonging to the debtor to satisfy the amount of the
11delinquency plus costs. The distress warrant shall also direct
12the sheriff to make due and prompt return to the department
13or to the district court under chapter 626 of all amounts
14collected.
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. 13. Section 10A.402, subsections 4 and 5, Code 2023,
28are amended to read as follows:
294. Investigations and collections relative to the
30liquidation of overpayment debts owed to the department of
31health and human services. Collection methods include but are
32not limited to small claims filings, debt setoff, distress
33warrants, and repayment agreements, and are subject to approval
34by the department of health and human services.
355. Investigations relative to the administration of the
-8-1state supplementary assistance program, the state medical
2assistance program, the food stamp supplemental nutrition
3assistance program, the family investment program, and any
4other state or federal benefit assistance program.
5 Sec. 14. Section 11.5B, Code 2023, is amended to read as
6follows:
711.5B Repayment of audit expenses by state departments and
8agencies.
9The auditor of state shall be reimbursed by a department
10or agency for performing audits or examinations of the
11following state departments or agencies, or funds received by
12a department or agency:
131. Department of commerce.
142. Department of health and human services.
153. State department of transportation.
164. Iowa department of public health.
175. 4. State board of regents.
186. 5. Department of agriculture and land stewardship.
197. 6. Iowa veterans home.
208. 7. Department of education.
219. 8. Department of workforce development.
2210. 9. Department of natural resources.
2311. 10. Offices of the clerks of the district court of the
24judicial branch.
2512. 11. The Iowa public employees’ retirement system.
2613. 12. Federal financial assistance, as defined in the
27federal Single Audit Act, 31 U.S.C. §7501, et seq., received by
28all other departments.
2914. 13. Department of administrative services.
3015. 14. Office of the chief information officer of the
31department of management.
32 Sec. 15. Section 11.6, subsection 1, paragraph b, Code 2023,
33is amended to read as follows:
34b. The financial condition and transactions of community
35mental health centers organized under chapter 230A, substance
-9-1abuse use disorder programs organized under chapter 125, and
2community action agencies organized under chapter 216A, shall
3be audited at least once each year.
4 Sec. 16. 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 health and human services, the Iowa finance
20authority, or to the funds received by the state racing and
21gaming commission under sections 99D.7 and 99D.14.
22 Sec. 17. Section 12E.3A, subsection 1, Code 2023, is amended
23to read as follows:
241. The general assembly reaffirms and reenacts the purposes
25stated for the use of moneys deposited in the healthy Iowans
26tobacco trust, as the purposes were enacted in 2000 Iowa Acts,
27ch.1232, §12, and codified in section 12.65, Code 2007, as
28the purposes for the endowment for Iowa’s health account.
29The purposes include those purposes related to health care,
30substance abuse use disorder treatment and enforcement, tobacco
31use prevention and control, and other purposes related to the
32needs of children, adults, and families in the state.
33 Sec. 18. Section 15.102, subsection 12, paragraph b,
34subparagraph (1), subparagraph division (d), Code 2023, is
35amended to read as follows:
-10- 1(d) Psychoactive substance abuse use disorders resulting
2from current illegal use of drugs.
3 Sec. 19. Section 15H.1A, Code 2023, is amended to read as
4follows:
515H.1A Definitions.
6For purposes of this chapter, unless the context otherwise
7requires:
81. “Authority” means the economic development authority
9created in section 15.105.
102. 1. “Commission” means the Iowa commission on volunteer
11service created in section 15H.2.
122. “Department” means the department of health and human
13services.
143. “Director” means the director of the authority health and
15human services.
16 Sec. 20. Section 15H.2, subsection 1, Code 2023, is amended
17to read as follows:
181. The Iowa commission on volunteer service is created
19within the authority department. The governor shall appoint
20the commission’s members. The director may employ personnel
21as necessary to carry out the duties and responsibilities of
22the commission.
23 Sec. 21. Section 15H.2, subsection 3, paragraph i, Code
242023, is amended to read as follows:
25i. Administer the retired and senior volunteer program.
26 Sec. 22. Section 15H.4, subsection 1, Code 2023, is amended
27to read as follows:
281. The authority department shall serve as the lead agency
29for administration of the commission. The authority department
30 may consult with the department of education, the state board
31of regents, and the department of workforce development for any
32additional administrative support as necessary to fulfill the
33duties of the commission. All other state agencies, at the
34request of the authority department, shall provide assistance
35to the commission to ensure a fully coordinated state effort
-11-1for promoting national and community service.
2 Sec. 23. Section 15H.5, subsection 5, paragraph a, Code
32023, is amended to read as follows:
4a. Funding for the Iowa summer youth corps program, the
5Iowa green corps program established pursuant to section
615H.6, the Iowa reading corps program established pursuant to
7section 15H.7, the RefugeeRISE AmeriCorps program established
8pursuant to section 15H.8, and the Iowa national service
9corps program established pursuant to section 15H.9 shall be
10obtained from private sector, and local, state, and federal
11government sources, or from other available funds credited
12to the community programs account, which shall be created
13within the economic development authority department under the
14authority of the commission. Moneys available in the account
15for a fiscal year are appropriated to the commission to be
16used for the programs. The commission may establish an escrow
17account within the authority department and obligate moneys
18within that escrow account for tuition or program payments to
19be made beyond the term of any fiscal year. Notwithstanding
20section 12C.7, subsection 2, interest earned on moneys in the
21community programs account shall be credited to the account.
22Notwithstanding section 8.33, moneys in the community programs
23account or escrow account shall not revert to the general fund
24but shall remain available for expenditure in future fiscal
25years.
26 Sec. 24. Section 15H.8, Code 2023, is amended to read as
27follows:
2815H.8 RefugeeRISE AmeriCorps program.
291. a. The commission, in collaboration with the department
30of human services, shall establish a Refugee Rebuild,
31Integrate, Serve, Empower (RefugeeRISE) AmeriCorps program
32to increase community integration and engagement for diverse
33refugee communities in rural and urban areas across the state.
34b. The commission, in collaboration with the department
35of human services, may adopt rules pursuant to chapter 17A to
-12-1implement and administer this section.
22. The commission may use moneys in and lawfully available
3to the community programs account created in section 15H.5 to
4fund the program.
53. The commission shall submit an annual report to the
6general assembly and the department of human services relating
7to the efficacy of the program.
8 Sec. 25. Section 15H.10, subsection 6, Code 2023, is amended
9to read as follows:
106. Notwithstanding section 8.33, moneys appropriated to
11the economic development authority department for allocation
12to the commission for purposes of this section that remain
13unencumbered or unobligated at the close of a fiscal year
14shall not revert but shall remain available to be used for the
15purposes designated in this section until the close of the
16succeeding fiscal year.
17 Sec. 26. Section 16.2D, subsection 1, Code 2023, is amended
18to read as follows:
191. A council on homelessness is created consisting of twenty
20members, eleven of whom are voting members and nine of whom are
21nonvoting members. At all times, at least one voting member
22shall be a member of a minority group.
23 Sec. 27. Section 16.2D, subsection 2, paragraph b, Code
242023, is amended to read as follows:
25b. Nine nonvoting Nonvoting agency director members
26consisting of all of the following:
27(1) The director of the department of education or the
28director’s designee.
29(2) The director of health and human services or the
30director’s designee.
31(3) The attorney general or the attorney general’s
32designee.
33(4) The director of public health or the director’s
34designee.
35(5) The director of the department on aging or the
-13-1director’s designee.
2(6) (4) The director of the department of corrections or
3the director’s designee.
4(7) (5) The director of the department of workforce
5development or the director’s designee.
6(8) (6) The executive director of the Iowa finance
7authority or the executive director’s designee.
8(9) (7) The director of the department of veterans affairs
9or the director’s designee.
10 Sec. 28. Section 16.3, subsection 9, Code 2023, is amended
11to read as follows:
129. The interest costs paid by group homes of fifteen beds or
13less licensed as health care facilities or child foster care
14facilities for facility acquisition and indirectly reimbursed
15by the department of health and human services through payments
16for patients at those facilities who are recipients of medical
17assistance or state supplementary assistance are severe drains
18on the state’s budget. A reduction in these costs obtained
19through financing with tax-exempt revenue bonds would clearly
20be in the public interest.
21 Sec. 29. Section 16.47, subsection 3, Code 2023, is amended
22to read as follows:
233. The authority, in cooperation with the department on
24aging of health and human services, shall annually allocate
25moneys available in the home and community-based services
26revolving loan program fund to develop and expand facilities
27and infrastructure that provide adult day services, respite
28services, congregate meals, and programming space for health
29and wellness, health screening, and nutritional assessments
30that address the needs of persons with low incomes.
31 Sec. 30. Section 16.48, subsections 1 and 3, Code 2023, are
32amended to read as follows:
331. A transitional housing revolving loan program fund is
34created within the authority to further the availability of
35affordable housing for parents that are reuniting with their
-14-1children while completing or participating in substance abuse
2 use disorder treatment. The moneys in the fund are annually
3appropriated to the authority to be used for the development
4and operation of a revolving loan program to provide financing
5to construct affordable transitional housing, including through
6new construction or acquisition and rehabilitation of existing
7housing. The housing provided shall be geographically located
8in close proximity to licensed substance abuse use disorder
9 treatment programs. Preference in funding shall be given to
10projects that reunite mothers with the mothers’ children.
113. The authority shall annually allocate moneys available
12in the transitional housing revolving loan program fund for the
13development of affordable transitional housing for parents that
14are reuniting with the parents’ children while completing or
15participating in substance abuse use disorder treatment. The
16authority shall develop a joint application process for the
17allocation of federal low-income housing tax credits and the
18funds available under this section. Moneys allocated to such
19projects may be in the form of loans, grants, or a combination
20of loans and grants.
21 Sec. 31. Section 16.49, subsection 4, Code 2023, is amended
22to read as follows:
234. a. A project shall demonstrate written approval of the
24project by the department of health and human services to the
25authority prior to application for funding under this section.
26b. In order to be approved by the department of health and
27 human services for application for funding for development of
28permanent supportive housing under this section, a project
29shall include all of the following components:
30(1) Provision of services to any of the following Medicaid
31waiver-eligible individuals:
32(a) Individuals who are currently underserved in community
33placements, including individuals who are physically aggressive
34or have behaviors that are difficult to manage or individuals
35who meet the psychiatric medical institution for children level
-15-1of care.
2(b) Individuals who are currently residing in out-of-state
3facilities.
4(c) Individuals who are currently receiving care in a
5licensed health care facility.
6(2) A plan to provide each individual with crisis
7stabilization services to ensure that the individual’s
8behavioral issues are appropriately addressed by the provider.
9(3) Policies and procedures that prohibit discharge of the
10individual from the waiver services provided by the project
11provider unless an alternative placement that is acceptable to
12the client or the client’s guardian is identified.
13c. In order to be approved by the department of health and
14 human services for application for funding for development of
15infrastructure in which to provide supportive services under
16this section, a project shall include all of the following
17components:
18(1) Provision of services to Medicaid waiver-eligible
19individuals who meet the psychiatric medical institution for
20children level of care.
21(2) Policies and procedures that prohibit discharge of the
22individual from the waiver services provided by the project
23provider unless an alternative placement that is acceptable to
24the client or the client’s guardian is identified.
25d. Housing provided through a project under this section is
26exempt from the requirements of chapter 135O.
27 Sec. 32. Section 22.7, subsections 2, 16, 35, 61, and 62,
28Code 2023, are amended to read as follows:
292. Hospital records, medical records, and professional
30counselor records of the condition, diagnosis, care, or
31treatment of a patient or former patient or a counselee or
32former counselee, including outpatient. However, confidential
33communications between a crime victim and the victim’s
34counselor are not subject to disclosure except as provided in
35section 915.20A. However, the Iowa department of public health
-16- 1and human services shall adopt rules which provide for the
2sharing of information among agencies and providers concerning
3the maternal and child health program including but not limited
4to the statewide child immunization information system, while
5maintaining an individual’s confidentiality.
616. Information in a report to the Iowa department of public
7 health and human services, to a local board of health, or to
8a local health department, which identifies a person infected
9with a reportable disease.
1035. Records of the Iowa department of public health and
11human services pertaining to participants in the gambling
12treatment program except as otherwise provided in this chapter.
1361. Records of the department on aging of health and human
14services pertaining to clients served by the state office or a
15local office of public guardian as defined in section 231E.3.
1662. Records maintained by the department on aging of health
17and human services or office of long-term care ombudsman that
18disclose the identity of a complainant, resident, tenant, or
19individual receiving services provided by the department on
20aging of health and human services, an area agency on aging,
21or the office of long-term care ombudsman, unless disclosure
22is otherwise allowed under section 231.42, subsection 12,
23paragraph “a”.
24 Sec. 33. Section 23A.2, subsection 10, paragraph l,
25unnumbered paragraph 1, Code 2023, is amended to read as
26follows:
27The offering of goods and services to the public as part
28of a client training program operated by a state resource
29center under the control of the department of health and human
30services provided that all of the following conditions are met:
31 Sec. 34. Section 23A.2, subsection 10, paragraph l,
32subparagraph (1), Code 2023, is amended to read as follows:
33(1) Any off-campus vocational or employment training
34program developed or operated by the department of health and
35 human services for clients of a state resource center is a
-17-1supported vocational training program or a supported employment
2program offered by a community-based provider of services or
3other employer in the community.
4 Sec. 35. Section 28M.1, subsection 7, Code 2023, is amended
5to read as follows:
67. “Transportation” means the movement of individuals in
7a four or more wheeled motorized vehicle designed to carry
8passengers, including a car, van, or bus, or the carrying
9of individuals upon cars operated upon stationary rails,
10between one geographic point and another geographic point.
11“Transportation” does not include emergency or incidental
12transportation or transportation conducted by the department of
13health and human services at its institutions.
14 Sec. 36. Section 35A.5, subsection 5, paragraph a, Code
152023, is amended to read as follows:
16a. Coordinate with United States department of veterans
17affairs hospitals, health care facilities, and clinics in this
18state and the department of public health and human services
19 to provide assistance to veterans and their families to reduce
20the incidence of alcohol and chemical dependency and suicide
21among veterans and to make mental health counseling available
22to veterans.
23 Sec. 37. Section 35D.14A, Code 2023, is amended to read as
24follows:
2535D.14A Volunteer record checks.
261. Persons who are potential volunteers or volunteers in
27the Iowa veterans home in a position having direct individual
28contact with patients or residents of the home shall be subject
29to criminal history and child and dependent adult abuse record
30checks in accordance with this section. The Iowa veterans home
31shall request that the department of public safety perform the
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 and may request these checks in other states.
-18- 12. a. If it is determined that a person has been convicted
2of a crime under a law of any state or has a record of
3founded child or dependent adult abuse, the person shall not
4participate as a volunteer with direct individual contact
5with patients or residents of the Iowa veterans home unless
6an evaluation has been performed by the department of human
7services record check evaluation system to determine whether
8the crime or founded child or dependent adult abuse warrants
9prohibition of the person’s participation as a volunteer in the
10Iowa veterans home. The department of human services record
11check evaluation system shall perform such evaluation upon the
12request of the Iowa veterans home.
13b. In an evaluation, the department of human services
14 record check evaluation system shall consider the nature and
15seriousness of the crime or founded child or dependent adult
16abuse in relation to the position sought or held, the time
17elapsed since the commission of the crime or founded child or
18dependent adult abuse, the circumstances under which the crime
19or founded child or dependent adult abuse was committed, the
20degree of rehabilitation, the likelihood that the person will
21commit the crime or founded child or dependent adult abuse
22again, and the number of crimes or founded child or dependent
23adult abuses committed by the person involved.
24c. If the department of human services record check
25evaluation system performs an evaluation for the purposes of
26this section, the department of human services record check
27evaluation system has final authority in determining whether
28prohibition of the person’s participation as a volunteer is
29warranted. The department of human services record check
30evaluation system may permit a person who is evaluated to
31participate as a volunteer if the person complies with the
32department’s record check evaluation system’s conditions
33relating to participation as a volunteer which may include
34completion of additional training.
35 Sec. 38. Section 47.7, subsection 2, paragraph a, Code 2023,
-19-1is amended to read as follows:
2a. On or before January 1, 2006, the state registrar of
3voters shall implement in a uniform and nondiscriminatory
4manner, a single, uniform, official, centralized, interactive
5computerized statewide voter registration file defined,
6maintained, and administered at the state level that contains
7the name and registration information of every legally
8registered voter in the state and assigns a unique identifier
9to each legally registered voter in the state. The state voter
10registration system shall be coordinated with other agency
11databases within the state, including, but not limited to,
12state department of transportation driver’s license records,
13judicial records of convicted felons and persons declared
14incompetent to vote, and Iowa department of public health and
15human services records of deceased persons.
16 Sec. 39. Section 48A.19, subsection 1, Code 2023, is amended
17to read as follows:
181. The following state agencies are responsible for voter
19registration:
20a. All state offices that have direct client contact and
21provide applications for public assistance, including but not
22limited to offices administering the following programs:
23(1) Food stamps The supplemental nutrition assistance
24program.
25(2) Medical The medical assistance program under chapter
26249A.
27(3) Iowa The Iowa family investment program.
28(4) Special The special supplemental nutrition program for
29women, infants, and children.
30b. (1) All offices that provide state-funded programs
31primarily engaged in providing services to persons with
32disabilities, including but not limited to all of the
33following:
34(a) Department for the blind.
35(b) Division of vocational rehabilitation services of the
-20-1department of education workforce development.
2(c) Office of deaf services of the department of health and
3 human rights services or its successor agency.
4(d) Office of persons with disabilities of the department of
5health and human rights services or its successor agency.
6(2) An agency designated a voter registration agency
7under this paragraph which provides services to persons with
8disabilities in their homes shall provide voter registration
9services at the clients’ homes.
10c. Other federal and state agencies designated to provide
11voter registration services include, but are not limited to,
12the United States armed forces recruiting offices.
13 Sec. 40. Section 48A.31, Code 2023, is amended to read as
14follows:
1548A.31 Deceased persons record.
16The state registrar of vital statistics shall transmit
17or cause to be transmitted to the state registrar of voters,
18once each calendar quarter, a certified list of all persons
19seventeen years of age and older in the state whose deaths have
20been reported to the bureau state registrar of vital records
21of the Iowa department of public health statistics since the
22previous list of decedents was certified to the state registrar
23of voters. The list shall be submitted according to the
24specifications of the state registrar of voters and shall be
25transmitted to the state registrar of voters without charge
26for production or transmission. The commissioner shall, in
27the month following the end of a calendar quarter, run the
28statewide voter registration system’s matching program to
29determine whether a listed decedent was registered to vote in
30the county and shall immediately cancel the registration of any
31person named on the list of decedents.
32 Sec. 41. Section 68B.2, subsection 23, Code 2023, is amended
33to read as follows:
3423. “Regulatory agency” means the department of agriculture
35and land stewardship, department of workforce development,
-21-1department of commerce, Iowa department of public health,
2 department of public safety, department of education, state
3board of regents, department of health and human services,
4department of revenue, department of inspections and appeals,
5department of administrative services, public employment
6relations board, state department of transportation, civil
7rights commission, department of public defense, department of
8homeland security and emergency management, Iowa ethics and
9campaign disclosure board, and department of natural resources.
10 Sec. 42. Section 80.9B, subsections 3 and 7, Code 2023, are
11amended to read as follows:
123. The provisions of chapter 141A also do not apply to
13the transmission of the same information from either or
14both information systems to employees of state correctional
15institutions subject to the jurisdiction of the department
16of corrections, employees of secure facilities for juveniles
17subject to the jurisdiction of the department of health and
18 human services, and employees of city and county jails, if
19those employees have direct physical supervision over inmates
20of those facilities or institutions.
217. The commissioner shall develop and establish, in
22cooperation with the department of corrections and the
23department of public health and human services, training
24programs and program criteria for persons receiving human
25immunodeficiency virus-related information through the Iowa
26criminal justice information system or the national crime
27information center system.
28 Sec. 43. Section 80.28, subsection 2, paragraph a,
29subparagraph (6), Code 2023, is amended to read as follows:
30(6) One member representing the Iowa department of public
31 health and human services.
32 Sec. 44. Section 80B.11C, Code 2023, is amended to read as
33follows:
3480B.11C Public safety telecommunicator training standards.
35The director of the academy, subject to the approval of
-22-1the council, in consultation with the Iowa state sheriffs’
2and deputies’ association, the Iowa police executive forum,
3the Iowa peace officers association, the Iowa state police
4association, the Iowa professional fire fighters, the Iowa
5emergency medical services association, the joint council of
6Iowa fire service organizations, the Iowa department of public
7safety, the Iowa chapter of the association of public-safety
8communications officials—international, inc., the Iowa chapter
9of the national emergency number association, the department
10of homeland security and emergency management, and the Iowa
11 department of public health and human services, shall adopt
12rules pursuant to chapter 17A establishing minimum standards
13for training of public safety telecommunicators. “Public
14safety telecommunicator” means a person who serves as a first
15responder by receiving requests for, or by dispatching requests
16to, emergency response agencies which include but are not
17limited to law enforcement, fire, rescue, and emergency medical
18services agencies.
19 Sec. 45. Section 80E.2, Code 2023, is amended to read as
20follows:
2180E.2 Drug policy advisory council — membership — duties.
221. An Iowa drug policy advisory council is established which
23shall consist of the following seventeen members:
24a. The drug policy coordinator director, who shall serve as
25chairperson of the council.
26b. The director of the department of corrections, or the
27director’s designee.
28c. The director of the department of education, or the
29director’s designee.
30d. The director of the department of public health and human
31services, or the director’s designee.
32e. The commissioner of public safety, or the commissioner’s
33designee.
34f. The director of the department of human services, or the
35director’s designee.
-23- 1g. The director of the division of criminal and juvenile
2justice planning in the department of human rights, or the
3division director’s designee.
4h. f. The state public defender, or the state public
5defender’s designee.
6i. g. A prosecuting attorney.
7j. h. A certified alcohol and drug counselor.
8k. i. A certified substance abuse use disorder prevention
9specialist.
10l. j. A substance use disorder treatment program director.
11m. k. A justice of the Iowa supreme court, or judge, as
12designated by the chief justice of the supreme court.
13n. l. A member representing the Iowa peace officers
14association.
15o. m. A member representing the Iowa state police
16association.
17p. n. A member representing the Iowa state sheriffs’ and
18deputies’ association.
19q. o. A police chief.
202. The prosecuting attorney, certified alcohol and drug
21counselor, certified substance abuse use disorder prevention
22specialist, substance use disorder treatment program director,
23member representing the Iowa peace officers association,
24member representing the Iowa state police association, the
25member representing the Iowa state sheriffs’ and deputies’
26association, and the member who is a police chief shall be
27appointed by the governor, subject to senate confirmation, for
28four-year terms beginning and ending as provided in section
2969.19. A vacancy on the council shall be filled for the
30unexpired term in the same manner as the original appointment
31was made.
323. The council shall make policy recommendations to
33the appropriate departments concerning the administration,
34development, and coordination of programs related to substance
35abuse use disorder education, prevention, treatment, and
-24-1enforcement.
24. The members of the council shall be reimbursed for actual
3and necessary travel and related expenses incurred in the
4discharge of official duties. Each member of the council may
5also be eligible to receive compensation as provided in section
67E.6.
75. The council shall meet at least semiannually throughout
8the year.
96. A majority of the members of the council constitutes a
10quorum, and a majority of the total membership of the council
11is necessary to act in any matter within the jurisdiction of
12the council.
13 Sec. 46. Section 84A.1A, subsection 1, paragraph b, Code
142023, is amended to read as follows:
15b. The nonvoting members of the Iowa workforce development
16board shall include the following:
17(1) One state senator appointed by the minority leader of
18the senate, who shall serve for a term as provided in section
1969.16B.
20(2) One state representative appointed by the minority
21leader of the house of representatives, who shall serve for a
22term as provided in section 69.16B.
23(3) One president, or the president’s designee, of the
24university of northern Iowa, the university of Iowa, or Iowa
25state university of science and technology, designated by the
26state board of regents on a rotating basis.
27(4) One president, or the president’s designee, of an
28independent Iowa college, appointed by the Iowa association of
29independent colleges and universities.
30(5) One president or president’s designee, of a community
31college, appointed by the Iowa association of community college
32presidents.
33(6) One representative of the economic development
34authority, appointed by the director.
35(7) One representative of the department on aging,
-25-1appointed by the director.
2(8) (7) One representative of the department of
3corrections, appointed by the director.
4(9) (8) One representative of the department of health and
5 human services, appointed by the director.
6(10) (9) One representative of the United States department
7of labor, office of apprenticeship.
8(11) (10) One representative from the largest statewide
9public employees’ organization representing state employees.
10(12) (11) One representative of a statewide labor
11organization representing employees in the construction
12industry.
13(13) (12) One representative of a statewide labor
14organization representing employees in the manufacturing
15industry.
16 Sec. 47. Section 84A.6, subsections 2 and 3, Code 2023, are
17amended to read as follows:
182. a. The director of the department of workforce
19development, in cooperation with the department of health
20and human services, shall provide job placement and training
21to persons referred by the department of health and human
22services under the promoting independence and self-sufficiency
23through employment job opportunities and basic skills program
24established pursuant to chapter 239B and the food stamp
25 supplemental nutrition assistance program employment and
26training program.
27b. The department of workforce development, in consultation
28with the department of health and human services, shall develop
29and implement departmental recruitment and employment practices
30that address the needs of former and current participants in
31the family investment program under chapter 239B.
323. The director of the department of workforce development,
33in cooperation with the department of health and human rights
34 services and the vocational rehabilitation services division
35of the department of education workforce development, shall
-26-1establish a program to provide job placement and training to
2persons with disabilities.
3 Sec. 48. Section 84A.9, Code 2023, is amended to read as
4follows:
584A.9 Statewide mentoring program.
6A statewide mentoring program is established to recruit,
7screen, train, and match individuals in a mentoring
8relationship. The department of workforce development shall
9administer the program in collaboration with the departments
10of health and human services, and education, and human rights.
11The availability of the program is subject to the funding
12appropriated for the purposes of the program.
13 Sec. 49. Section 84A.11, subsection 2, Code 2023, is amended
14to read as follows:
152. The department of workforce development shall consult
16with the board of nursing, the department of public health
17and human services, the department of education, and other
18appropriate entities in developing recommendations to determine
19options for additional data collection.
20 Sec. 50. Section 84B.1, Code 2023, is amended to read as
21follows:
2284B.1 Workforce development system.
23The departments of workforce development, education,
24health and human services, and corrections, the economic
25development authority, the department on aging, the division
26of Iowa vocational rehabilitation services of the department
27of education workforce development, and the department for
28the blind shall collaborate where possible under applicable
29state and federal law to align workforce development programs,
30services, and activities in an integrated workforce development
31system in the state and in each local workforce development
32area that is data driven and responsive to the needs of
33workers, job seekers, and employers. The departments,
34authority, and division shall also jointly establish an
35integrated management information system for linking workforce
-27-1development programs within local workforce development systems
2and in the state.
3 Sec. 51. Section 84B.2, unnumbered paragraph 1, Code 2023,
4is amended to read as follows:
5The department of workforce development, in consultation
6with the departments of education, health and human services,
7and corrections, the economic development authority,
8the department on aging, the division of Iowa vocational
9rehabilitation services of the department of education
10 workforce development, and the department for the blind
11shall establish guidelines for colocating state and federal
12employment and training programs in centers providing services
13at the local level. The centers shall be known as workforce
14development centers. The guidelines shall provide for local
15design and operation within the guidelines. The core services
16available at a center shall include but are not limited to all
17of the following:
18 Sec. 52. Section 85.38, subsection 4, Code 2023, is amended
19to read as follows:
204. Lien for hospital and medical services under chapter
21249A. In the event any hospital or medical services as provided
22in section 85.27 are paid by the state department of health and
23 human services on behalf of an employee who is entitled to such
24benefits under the provisions of this chapter or chapter 85A or
2585B, a lien shall exist as respects the right of such employee
26to benefits as described in section 85.27.
27 Sec. 53. Section 85.60, Code 2023, is amended to read as
28follows:
2985.60 Injuries while in work-based learning opportunity,
30employment training, or evaluation.
31A person participating in a work-based learning opportunity
32referred to in section 85.61, or receiving earnings while
33engaged in employment training or while undergoing an
34employment evaluation under the direction of a rehabilitation
35facility approved for purchase-of-service contracts or for
-28-1referrals by the department of health and human services or the
2department of education, who sustains an injury arising out
3of and in the course of the work-based learning opportunity
4participation, employment training, or employment evaluation
5is entitled to benefits as provided in this chapter, chapter
685A, chapter 85B, and chapter 86. Notwithstanding the minimum
7benefit provisions of this chapter, a person referred to in
8this section and entitled to benefits under this chapter is
9entitled to receive a minimum weekly benefit amount for a
10permanent partial disability under section 85.34, subsection
112, or for a permanent total disability under section 85.34,
12subsection 3, equal to the weekly benefit amount of a person
13whose gross weekly earnings are thirty-five percent of the
14statewide average weekly wage computed pursuant to section 96.3
15and in effect at the time of the injury.
16 Sec. 54. Section 85.61, subsection 3, paragraph b, Code
172023, is amended to read as follows:
18b. A rehabilitation facility approved for
19purchase-of-service contracts or for referrals by the
20department of health and human services or the department of
21education.
22 Sec. 55. Section 85A.11, subsection 2, Code 2023, is amended
23to read as follows:
242. The specimens for the tests required by this section
25must be taken by a licensed practicing physician or osteopathic
26physician, and immediately delivered to the state hygienic
27laboratory of the Iowa department of public health at Iowa
28City. Each specimen shall be in a container upon which is
29plainly printed the name and address of the subject, the date
30when the specimen was taken, the name and address of the
31subject’s employer, and a certificate by the physician or
32osteopathic physician that the physician took the specimen
33from the named subject on the date stated over the physician’s
34signature and address.
35 Sec. 56. Section 85A.20, Code 2023, is amended to read as
-29-1follows:
285A.20 Investigation.
3The workers’ compensation commissioner may designate
4the industrial hygiene physician medical director of the
5Iowa department of public health and human services and two
6physicians selected by the dean of the university of Iowa
7college of medicine, from the staff of the college, who shall
8be qualified to diagnose and report on occupational diseases.
9For the purpose of investigating occupational diseases, the
10physicians shall have the use, without charge, of all necessary
11laboratory and other facilities of the university of Iowa
12college of medicine and of the university hospital at the state
13university of Iowa, and of the Iowa department of public health
14and human services in performing the physicians’ duties.
15 Sec. 57. Section 89.4, subsection 1, paragraph h, Code 2023,
16is amended to read as follows:
17h. Hot water heating boilers used for heating pools or spas
18regulated by the department of public health inspections,
19appeals, and licensing pursuant to chapter 135I.
20 Sec. 58. Section 89B.17, subsection 1, unnumbered paragraph
211, Code 2023, is amended to read as follows:
22The director of public health and human services, the labor
23commissioner, and the director of the department of natural
24resources or the director’s designee under written signatures
25of all these parties may recommend any of the following
26actions:
27 Sec. 59. Section 92.17, subsection 3, Code 2023, is amended
28to read as follows:
293. A child from working in any occupation or business
30operated by the child’s parents. For the purposes of this
31subsection, “child” and “parents” include a foster child and the
32child’s foster parents who are licensed by the department of
33health and human services.
34 Sec. 60. Section 96.3, subsections 9 and 11, Code 2023, are
35amended to read as follows:
-30- 19. Child support intercept.
2a. An individual filing a claim for benefits under section
396.6, subsection 1, shall, at the time of filing, disclose
4whether the individual owes a child support obligation which
5is being enforced by the child support recovery unit services
6 established in section 252B.2. If an individual discloses that
7such a child support obligation is owed and the individual is
8determined to be eligible for benefits under this chapter,
9the department shall notify the child support recovery unit
10 services of the individual’s disclosure and deduct and withhold
11from benefits payable to the individual the amount specified
12by the individual.
13b. However, if the child support recovery unit services
14 and an individual owing a child support obligation reach an
15agreement to have specified amounts deducted and withheld from
16the individual’s benefits and the child support recovery unit
17 services submits a copy of the agreement to the department, the
18department shall deduct and withhold the specified amounts.
19c. (1) However, if the department is notified of income
20withholding by the child support recovery unit services under
21chapter 252D or section 598.22 or 598.23 or if income is
22garnisheed by the child support recovery unit services under
23chapter 642 and an individual’s benefits are condemned to the
24satisfaction of the child support obligation being enforced by
25the child support recovery unit services, the department shall
26deduct and withhold from the individual’s benefits that amount
27required through legal process.
28(2) Notwithstanding section 642.2, subsections 2, 3,
296, and 7, which restrict garnishments under chapter 642 to
30wages of public employees, the department may be garnisheed
31under chapter 642 by the child support recovery unit services
32 established in section 252B.2, pursuant to a judgment for child
33support against an individual eligible for benefits under this
34chapter.
35(3) Notwithstanding section 96.15, benefits under this
-31-1chapter are not exempt from income withholding, garnishment,
2attachment, or execution if withheld for or garnisheed by the
3 child support recovery unit services, established in section
4252B.2, or if an income withholding order or notice of the
5income withholding order under section 598.22 or 598.23 is
6being enforced by the child support recovery unit services to
7satisfy the child support obligation of an individual who is
8eligible for benefits under this chapter.
9d. An amount deducted and withheld under paragraph “a”, “b”,
10or “c” shall be paid by the department to the child support
11recovery unit services, and shall be treated as if it were paid
12to the individual as benefits under this chapter and as if it
13were paid by the individual to the child support recovery unit
14 services in satisfaction of the individual’s child support
15obligations.
16e. If an agreement for reimbursement has been made, the
17department shall be reimbursed by the child support recovery
18unit services for the administrative costs incurred by the
19department under this section which are attributable to the
20enforcement of child support obligations by the child support
21recovery unit services.
2211. Overissuance of food stamp supplemental nutrition
23assistance program benefits. The department shall collect any
24overissuance of food stamp supplemental nutrition assistance
25program benefits by offsetting the amount of the overissuance
26from the benefits payable under this chapter to the individual.
27This subsection shall only apply if the department is
28reimbursed under an agreement with the department of health and
29 human services for administrative costs incurred in recouping
30the overissuance. The provisions of section 96.15 do not apply
31to this subsection.
32 Sec. 61. Section 97B.49B, subsection 1, paragraph e,
33subparagraph (16), Code 2023, is amended to read as follows:
34(16) A person employed by the department of health and
35 human services as a psychiatric security specialist at a civil
-32-1commitment unit for sexually violent offenders facility.
2 Sec. 62. Section 99D.7, subsections 22 and 23, Code 2023,
3are amended to read as follows:
422. To cooperate with the gambling treatment program
5administered by the Iowa department of public health and human
6services to incorporate information regarding the gambling
7treatment program and its toll-free telephone number in printed
8materials distributed by the commission. The commission may
9require licensees to have the information available in a
10conspicuous place as a condition of licensure.
1123. To establish a process to allow a person to be
12voluntarily excluded from advance deposit wagering as defined
13in section 99D.11, from an internet fantasy sports contest as
14defined in section 99E.1, from advance deposit sports wagering
15as defined in section 99F.9, and from the wagering area of
16a racetrack enclosure, from the gaming floor, and from the
17sports wagering area, as defined in section 99F.1, of all
18other licensed facilities under this chapter and chapter 99F
19as provided in this subsection. The process shall provide
20that an initial request by a person to be voluntarily excluded
21shall be for a period of five years or life and any subsequent
22request following any five-year period shall be for a period of
23five years or life. The process established shall require that
24licensees be provided electronic access to names and social
25security numbers of persons voluntarily excluded through a
26secured interactive internet site maintained by the commission
27and information regarding persons voluntarily excluded shall
28be disseminated to all licensees under this chapter, chapter
2999E, and chapter 99F. The names, social security numbers, and
30information regarding persons voluntarily excluded shall be
31kept confidential unless otherwise ordered by a court or by
32another person duly authorized to release such information.
33The process established shall also require a person requesting
34to be voluntarily excluded be provided information compiled
35by the Iowa department of public health and human services
-33-1 on gambling treatment options. The state and any licensee
2under this chapter, chapter 99E, or chapter 99F shall not be
3liable to any person for any claim which may arise from this
4process. In addition to any other penalty provided by law, any
5money or thing of value that has been obtained by, or is owed
6to, a voluntarily excluded person as a result of wagers made
7by the person after the person has been voluntarily excluded
8shall be forfeited by the person and shall be credited to the
9general fund of the state. The commission shall not initiate
10any administrative action or impose penalties on a licensee who
11voluntarily reports to the commission activity described in
12section 99D.24, subsection 4, paragraph “c”.
13 Sec. 63. Section 99D.9, subsection 6, paragraph b, Code
142023, is amended to read as follows:
15b. A licensee shall not permit a financial institution,
16vendor, or other person to dispense cash or credit through an
17electronic or mechanical device including but not limited to a
18satellite terminal as defined in section 527.2, that is located
19in the wagering area. However, this paragraph shall not apply
20to cashless wagering systems where a person accesses a cash
21account through a mobile application used by the licensee
22to conduct cashless wagering. The mobile application shall
23include the statewide telephone number authorized by the Iowa
24 department of public health and human services to provide
25problem gambling information and extensive responsible gaming
26features in addition to those described in section 99D.7,
27subsection 23.
28 Sec. 64. Section 99E.5, subsection 2, paragraph d, Code
292023, is amended to read as follows:
30d. Include on the internet site or mobile application used
31by the licensee to conduct internet fantasy sports contests the
32statewide telephone number authorized by the Iowa department of
33public health and human services to provide problem gambling
34information and extensive responsible gaming features in
35addition to those described in section 99F.4, subsection 22.
-34-1 Sec. 65. Section 99F.4, subsection 22, Code 2023, is amended
2to read as follows:
322. To establish a process to allow a person to be
4voluntarily excluded from advance deposit wagering as defined
5in section 99D.11, from an internet fantasy sports contest
6as defined in section 99E.1, from advance deposit sports
7wagering as defined in section 99F.9, from the gaming floor
8and sports wagering area of an excursion gambling boat, from
9the wagering area, as defined in section 99D.2, and from the
10gaming floor and sports wagering area of all other licensed
11facilities under this chapter and chapter 99D as provided in
12this subsection. The process shall provide that an initial
13request by a person to be voluntarily excluded shall be for
14a period of five years or life and any subsequent request
15following any five-year period shall be for a period of five
16years or life. The process established shall require that
17licensees be provided electronic access to names and social
18security numbers of persons voluntarily excluded through a
19secured interactive internet site maintained by the commission
20and information regarding persons voluntarily excluded shall
21be disseminated to all licensees under this chapter, chapter
2299D, and chapter 99E. The names, social security numbers, and
23information regarding persons voluntarily excluded shall be
24kept confidential unless otherwise ordered by a court or by
25another person duly authorized to release such information.
26The process established shall also require a person requesting
27to be voluntarily excluded be provided information compiled
28by the Iowa department of public health and human services
29 on gambling treatment options. The state and any licensee
30under this chapter, chapter 99D, or chapter 99E shall not be
31liable to any person for any claim which may arise from this
32process. In addition to any other penalty provided by law, any
33money or thing of value that has been obtained by, or is owed
34to, a voluntarily excluded person as a result of wagers made
35by the person after the person has been voluntarily excluded
-35-1shall be forfeited by the person and shall be credited to the
2general fund of the state. The commission shall not initiate
3any administrative action or impose penalties on a licensee who
4voluntarily reports to the commission activity described in
5section 99F.15, subsection 4, paragraph “n”.
6 Sec. 66. Section 99F.7, subsection 10, paragraph b, Code
72023, is amended to read as follows:
8b. A licensee shall not permit a financial institution,
9vendor, or other person to dispense cash or credit through an
10electronic or mechanical device including but not limited to
11a satellite terminal, as defined in section 527.2, that is
12located on the gaming floor. However, this paragraph shall not
13apply to cashless wagering systems where a person accesses a
14cash account through a mobile application used by the licensee
15to conduct cashless wagering. The mobile application shall
16include the statewide telephone number authorized by the Iowa
17 department of public health and human services to provide
18problem gambling information and extensive responsible gaming
19features in addition to those described in section 99F.4,
20subsection 22.
21 Sec. 67. Section 99F.7A, subsection 2, paragraph a, Code
222023, is amended to read as follows:
23a. Include on the internet site or mobile application used
24by the licensee to conduct advance deposit sports wagering as
25authorized in section 99F.9 the statewide telephone number
26authorized by the Iowa department of public health and human
27services to provide problem gambling information and extensive
28responsible gaming features in addition to those described in
29section 99F.4, subsection 22.
30 Sec. 68. Section 100C.1, subsection 1, Code 2023, is amended
31to read as follows:
321. “Alarm system” means a system or portion of a combination
33system that consists of components and circuits arranged to
34monitor and annunciate the status of a fire alarm, security
35alarm, or nurse call or supervisory signal-initiating devices
-36-1and to initiate the appropriate response to those signals,
2but does not mean any such security system or portion of a
3combination system installed in a prison, jail, or detention
4facility owned by the state, a political subdivision of the
5state, the department of health and human services, or the Iowa
6veterans home.
7 Sec. 69. Section 101C.3, subsection 1, Code 2023, is amended
8to read as follows:
91. The Iowa propane education and research council is
10established. The council shall consist of ten voting members,
11nine of whom represent retail propane marketers and one of whom
12shall be the administrator of the division of a representative
13of the department of health and human services responsible
14for community action agencies of the department of human
15rights. Members of the council other than the administrator
16 representing retail propane marketers shall be appointed by the
17fire marshal from a list of nominees submitted by qualified
18propane industry organizations by December 15 of each year. A
19vacancy in the unfinished term of a council member shall be
20filled for the remainder of the term in the same manner as the
21original appointment was made. Other than the administrator,
22council Council members representing retail propane marketers
23 shall be full-time employees or owners of a propane industry
24business or representatives of an agricultural cooperative
25actively engaged in the propane industry. An employee of a
26qualified propane industry organization shall not serve as a
27member of the council. An officer of the board of directors of
28a qualified propane industry organization or propane industry
29trade association shall not serve concurrently as a member of
30the council. The fire marshal or a designee may serve as an ex
31officio, nonvoting member of the council.
32 Sec. 70. Section 123.47, subsection 4, paragraph a,
33subparagraph (2), Code 2023, is amended to read as follows:
34(2) A second offense shall be a simple misdemeanor
35punishable by a fine of five hundred dollars. In addition to
-37-1any other applicable penalty, the person in violation of this
2section shall choose between either completing a substance
3abuse use disorder evaluation or the suspension of the person’s
4motor vehicle operating privileges for a period not to exceed
5one year.
6 Sec. 71. Section 124.409, subsection 1, Code 2023, is
7amended to read as follows:
81. Whenever the court finds that a person who is charged
9with a violation of section 124.401 and who consents thereto,
10or who has entered a plea of guilty to or been found guilty of
11a violation of that section, is addicted to, dependent upon,
12or a chronic abuser user of any controlled substance and that
13such person will be aided by proper medical treatment and
14rehabilitative services, the court may order that the person
15be committed as an in-patient or out-patient to a facility
16licensed by the Iowa department of public health and human
17services for medical treatment and rehabilitative services.
18 Sec. 72. Section 124.504, subsection 3, Code 2023, is
19amended to read as follows:
203. A practitioner engaged in medical practice or research
21or the Iowa drug abuse substance use disorder authority or
22any program which is licensed by the authority shall not be
23required to furnish the name or identity of a patient or
24research subject to the board or the department, nor shall the
25practitioner or the authority or any program which is licensed
26by the authority be compelled in any state or local civil,
27criminal, administrative, legislative or other proceedings
28to furnish the name or identity of an individual that the
29practitioner or the authority or any of its licensed programs
30is obligated to keep confidential.
31 Sec. 73. Section 124.551, subsection 2, paragraph a,
32unnumbered paragraph 1, Code 2023, is amended to read as
33follows:
34The program shall collect from pharmacies dispensing
35information for controlled substances identified pursuant
-38-1to section 124.554, subsection 1, paragraph “g”, and from
2first responders as defined in section 147A.1, subsection
37, with the exception of emergency medical care providers
4as defined in section 147A.1, subsection 4, administration
5information for opioid antagonists. The department of public
6 health and human services shall provide information for the
7administration of opioid antagonists to the board as prescribed
8by rule for emergency medical care providers as defined in
9section 147A.1, subsection 4. The board shall adopt rules
10requiring the following information to be provided regarding
11the administration of opioid antagonists:
12 Sec. 74. Section 124.556, Code 2023, is amended to read as
13follows:
14124.556 Education and treatment.
15The program shall include education initiatives and outreach
16to consumers, prescribing practitioners, and pharmacists, and
17shall also include assistance for identifying substance abuse
18 use disorder treatment programs and providers. The program
19shall also include educational updates and information on
20general patient risk factors for prescribing practitioners.
21The board and advisory council shall adopt rules, as provided
22under section 124.554, to implement this section.
23 Sec. 75. Section 124E.2, subsections 3 and 8, Code 2023, are
24amended to read as follows:
253. “Department” means the department of public health and
26human services.
278. “Laboratory” means the state hygienic laboratory
28at the university of Iowa in Iowa City or any other
29independent medical cannabidiol testing facility accredited
30to standard ISO/IEC 17025 by an international organization
31for standards-approved accrediting body, with a controlled
32substance registration certificate from the United States drug
33enforcement administration and a certificate of registration
34from the board of pharmacy. For the purposes of this chapter,
35an independent laboratory is a laboratory operated by an
-39-1entity that has no equity ownership in a medical cannabidiol
2manufacturer.
3 Sec. 76. Section 124E.6, subsection 4, Code 2023, is amended
4to read as follows:
54. A medical cannabidiol manufacturer shall contract with
6a laboratory to perform spot-check testing of the medical
7cannabidiol produced by the medical cannabidiol manufacturer
8as provided in section 124E.7. The department shall require
9that the laboratory report testing results to the medical
10cannabidiol manufacturer and the department as determined by
11the department by rule. If a medical cannabidiol manufacturer
12contracts with a laboratory other than the state hygienic
13laboratory at the university of Iowa in Iowa City, the
14department shall approve the laboratory to perform testing
15pursuant to this chapter.
16 Sec. 77. Section 124E.14, Code 2023, is amended to read as
17follows:
18124E.14 Out-of-state medical cannabidiol dispensaries.
19The department of public health shall utilize a request for
20proposals process to select and license by December 1, 2017,
21up to two out-of-state medical cannabidiol dispensaries from a
22bordering state to sell and dispense medical cannabidiol to a
23patient or primary caregiver in possession of a valid medical
24cannabidiol registration card issued under this chapter.
25 Sec. 78. Section 125.1, Code 2023, is amended to read as
26follows:
27125.1 Declaration of policy.
28It is the policy of this state:
291. That persons with substance-related disorders a
30substance use disorder be afforded the opportunity to
31receive quality treatment and directed into rehabilitation
32services which will help them resume a socially acceptable and
33productive role in society.
342. To encourage substance abuse use disorder education
35and prevention efforts and to insure that such efforts are
-40-1coordinated to provide a high quality of services without
2unnecessary duplication.
33. To insure that substance abuse use disorder programs
4are being operated by individuals who are qualified in their
5field whether through formal education or through employment
6or personal experience.
7 Sec. 79. Section 125.2, Code 2023, is amended to read as
8follows:
9125.2 Definitions.
10For purposes of this chapter, unless the context clearly
11indicates otherwise:
121. “Board” means the state board of health created pursuant
13to chapter 136.
142. 1. “Chemical substance” means alcohol, wine, spirits,
15and beer as defined in chapter 123 and controlled substances
16as defined in section 124.101.
173. 2. “Chief medical officer” means the medical director
18in charge of a public or private hospital, or the director’s
19physician-designee. This chapter does not negate the
20authority otherwise reposed by chapter 226 in the respective
21superintendents of the state mental health institutes to make
22decisions regarding the appropriateness of admissions or
23discharges of patients of those institutes, however, it is
24the intent of this chapter that a superintendent who is not a
25licensed physician shall be guided in these decisions by the
26chief medical officer of the institute.
274. 3. “Clerk” means the clerk of the district court.
284. “Council” means the council on health and human services.
295. “County of residence” means the same as defined in
30section 331.394.
316. “Department” means the Iowa department of public health
32and human services.
337. “Director” means the director of the Iowa department of
34public health and human services.
358. “Facility” means an institution, a detoxification center,
-41-1or an installation providing care, maintenance and treatment
2for persons with substance-related disorders a substance use
3disorder licensed by the department under section 125.13,
4hospitals licensed under chapter 135B, or the state mental
5health institutes designated by chapter 226.
69. “Incapacitated by a chemical substance” means that a
7person, as a result of the use of a chemical substance, is
8unconscious or has the person’s judgment otherwise so impaired
9that the person is incapable of realizing and making a rational
10decision with respect to the need for treatment.
1110. “Incompetent person” means a person who has been
12adjudged incompetent by a court of law.
1311. “Interested person” means a person who, in the
14discretion of the court, is legitimately concerned that a
15respondent receive substance abuse use disorder treatment
16services.
1712. “Magistrate” means the same as defined in section 801.4,
18subsection 10.
1913. “Mental health professional” means the same as defined
20in section 228.1.
2114. “Psychiatric advanced registered nurse practitioner”
22means an individual currently licensed as a registered nurse
23under chapter 152 or 152E who holds a national certification in
24psychiatric mental health care and who is licensed by the board
25of nursing as an advanced registered nurse practitioner.
2615. “Respondent” means a person against whom an application
27is filed under section 125.75.
2816. “Substance-related disorder” “Substance use disorder”
29 means a diagnosable substance abuse use disorder of sufficient
30duration to meet diagnostic criteria specified within the most
31current diagnostic and statistical manual of mental disorders
32published by the American psychiatric association that results
33in a functional impairment.
34 Sec. 80. Section 125.3, Code 2023, is amended to read as
35follows:
-42- 1125.3 Substance abuse use disorder program established.
2The Iowa department of public health shall develop,
3implement, and administer a comprehensive substance abuse use
4disorder program pursuant to sections 125.1 and 125.2, this
5section, and sections 125.7, 125.9, 125.10, 125.12 through
6125.21, 125.25, 125.32 through 125.34, and 125.37 through
7125.43.
8 Sec. 81. Section 125.7, Code 2023, is amended to read as
9follows:
10125.7 Duties of the board council.
11The board council shall:
121. Approve the comprehensive substance abuse use disorder
13 program, developed by the department pursuant to sections 125.1
14through 125.3, this section, and sections 125.9, 125.10, 125.12
15through 125.21, 125.25, 125.32 through 125.34, and 125.37
16through 125.43.
172. Advise the department on policies governing the
18performance of the department in the discharge of any duties
19imposed on the department by law.
203. Advise or make recommendations to the governor and the
21general assembly relative to substance abuse use disorder
22 treatment, intervention, education, and prevention programs in
23this state.
244. Adopt rules for subsections 1 and 6 and review other
25rules necessary to carry out the provisions of this chapter,
26subject to review in accordance with chapter 17A.
275. Investigate the work of the department relating to
28substance abuse use disorder, and for this purpose the board
29 council shall have access at any time to all books, papers,
30documents, and records of the department.
316. Consider and approve or disapprove all applications
32for a license and all cases involving the renewal, denial,
33suspension, or revocation of a license.
347. Act as the appeal board regarding funding decisions made
35by the department.
-43-1 Sec. 82. Section 125.9, subsections 1, 2, 4, 5, and 6, Code
22023, are amended to read as follows:
31. Plan, establish and maintain treatment, intervention,
4education, and prevention programs as necessary or desirable in
5accordance with the comprehensive substance abuse use disorder
6 program.
72. Make contracts necessary or incidental to the
8performance of the duties and the execution of the powers
9of the director, including contracts with public and
10private agencies, organizations and individuals to pay
11them for services rendered or furnished to persons with
12substance-related disorders a substance use disorder.
134. Coordinate the activities of the department and
14cooperate with substance abuse use disorder programs in
15this and other states, and make contracts and other joint or
16cooperative arrangements with state, local or private agencies
17in this and other states for the treatment of persons with
18substance-related disorders a substance use disorder and
19for the common advancement of substance abuse use disorder
20 programs.
215. Require that a written report, in reasonable detail, be
22submitted to the director at any time by any agency of this
23state or of any of its political subdivisions in respect to any
24substance abuse use disorder prevention function, or program
25for the benefit of persons who are or have been involved in
26substance abuse use disorder, which is being conducted by the
27agency.
286. Submit to the governor a written report of the
29pertinent facts at any time the director concludes that any
30agency of this state or of any of its political subdivisions
31is conducting any substance abuse use disorder prevention
32function, or program for the benefit of persons who are or have
33been involved in substance abuse use disorder in a manner not
34consistent with or which impairs achievement of the objectives
35of the state plan to combat substance abuse use disorder, and
-44-1has failed to effect appropriate changes in the function or
2program.
3 Sec. 83. Section 125.10, Code 2023, is amended to read as
4follows:
5125.10 Duties of director.
6The director shall:
71. Prepare and submit a state plan subject to approval by
8the board council and in accordance with 42 U.S.C. §300x-21 et
9seq. The state plan shall designate the department as the sole
10agency for supervising the administration of the plan.
112. Develop, encourage, and foster statewide, regional,
12and local plans and programs for the prevention of substance
13misuse use disorder and the treatment of persons with
14substance-related disorders a substance use disorder in
15cooperation with public and private agencies, organizations and
16individuals, and provide technical assistance and consultation
17services for these purposes.
183. Coordinate the efforts and enlist the assistance of all
19public and private agencies, organizations, and individuals
20interested in the prevention of substance misuse use disorder
21 and the treatment of persons with substance-related disorders a
22substance use disorder. The director’s actions to implement
23this subsection shall also address the treatment needs of
24persons who have a mental illness, an intellectual disability,
25brain injury, or other co-occurring condition in addition to a
26substance-related substance use disorder.
274. Cooperate with the department of human services and
28the Iowa department of public health in establishing and
29conducting programs to provide treatment for persons with
30substance-related disorders a substance use disorder.
315. Cooperate with the department of education, boards
32of education, schools, police departments, courts, and other
33public and private agencies, organizations, and individuals
34in establishing programs for the prevention of substance
35misuse use disorder and the treatment of persons with
-45-1substance-related disorders a substance use disorder, and in
2preparing relevant curriculum materials for use at all levels
3of school education.
46. Prepare, publish, evaluate and disseminate educational
5material dealing with the nature and effects of chemical
6substances.
77. Develop and implement, as an integral part of treatment
8programs, an educational program for use in the treatment
9of persons with substance-related disorders a substance use
10disorder, which program shall include the dissemination of
11information concerning the nature and effects of substances.
128. Organize and implement, in cooperation with local
13treatment programs, training programs for all persons engaged
14in treatment of persons with substance-related disorders a
15substance use disorder.
169. Sponsor and implement research in cooperation with
17local treatment programs into the causes and nature of
18substance misuse use disorder and treatment of persons with
19substance-related disorders a substance use disorder, and serve
20as a clearing house for information relating to substance
21misuse use disorder.
2210. Specify uniform methods for keeping statistical
23information by public and private agencies, organizations,
24and individuals, and collect and make available relevant
25statistical information, including number of persons treated,
26frequency of admission and readmission, and frequency and
27duration of treatment.
2811. Develop and implement, with the counsel and approval
29of the board council, the comprehensive plan for treatment
30of persons with substance-related disorders a substance use
31disorder in accordance with this chapter.
3212. Assist in the development of, and cooperate with,
33substance abuse use disorder education and treatment programs
34for employees of state and local governments and businesses and
35industries in the state.
-46- 113. Utilize the support and assistance of interested
2persons in the community, particularly persons who are
3recovering from substance-related disorders a substance use
4disorder to encourage persons with substance-related disorders
5 a substance use disorder to voluntarily undergo treatment.
614. Cooperate with the commissioner of public safety in
7establishing and conducting programs designed to deal with the
8problem of persons operating motor vehicles while intoxicated.
915. Encourage general hospitals and other appropriate
10health facilities to admit without discrimination persons
11with substance-related disorders a substance use disorder
12 and to provide them with adequate and appropriate treatment.
13The director may negotiate and implement contracts with
14hospitals and other appropriate health facilities with adequate
15detoxification facilities.
1616. Encourage all health and disability insurance programs
17to include substance-related substance use disorders as covered
18illnesses.
1917. Review all state health, welfare, education and
20treatment proposals to be submitted for federal funding under
21federal legislation, and advise the governor on provisions
22to be included relating to substance misuse use disorder and
23persons with substance-related disorders a substance use
24disorder.
25 Sec. 84. Section 125.12, subsections 1 and 3, Code 2023, are
26amended to read as follows:
271. The board council shall review the comprehensive
28substance abuse use disorder program implemented by the
29department for the treatment of persons with substance-related
30disorders a substance use disorder and concerned family
31members. Subject to the review of the board council, the
32director shall divide the state into appropriate regions
33for the conduct of the program and establish standards for
34the development of the program on the regional level. In
35establishing the regions, consideration shall be given to city
-47-1and county lines, population concentrations, and existing
2substance abuse use disorder treatment services.
33. The director shall provide for adequate and appropriate
4treatment for persons with substance-related disorders a
5substance use disorder and concerned family members admitted
6under sections 125.33 and 125.34, or under section 125.75,
7125.81, or 125.91. Treatment shall not be provided at a
8correctional institution except for inmates. A mental health
9professional who is employed by a treatment provider under the
10program may provide treatment to a person with co-occurring
11substance-related substance use and mental health disorders.
12Such treatment may also be provided by a person employed by
13such a treatment provider who is receiving the supervision
14required to meet the definition of mental health professional
15but has not completed the supervision component.
16 Sec. 85. Section 125.13, subsection 1, paragraph a, Code
172023, is amended to read as follows:
18a. Except as provided in subsection 2, a person shall not
19maintain or conduct any chemical substitutes or antagonists
20program, residential program, or nonresidential outpatient
21program, the primary purpose of which is the treatment and
22rehabilitation of persons with substance-related disorders a
23substance use disorder without having first obtained a written
24license for the program from the department.
25 Sec. 86. Section 125.13, subsection 2, paragraphs a, b, c,
26f, i, and j, Code 2023, are amended to read as follows:
27a. A hospital providing care or treatment to persons
28with substance-related disorders a substance use disorder
29 licensed under chapter 135B which is accredited by the joint
30commission on the accreditation of health care organizations,
31the commission on accreditation of rehabilitation facilities,
32the American osteopathic association, or another recognized
33organization approved by the board council. All survey reports
34from the accrediting or licensing body must be sent to the
35department.
-48- 1b. Any practitioner of medicine and surgery or osteopathic
2medicine and surgery, in the practitioner’s private practice.
3However, a program shall not be exempted from licensing by the
4board council by virtue of its utilization of the services of a
5medical practitioner in its operation.
6c. Private institutions conducted by and for persons who
7adhere to the faith of any well recognized church or religious
8denomination for the purpose of providing care, treatment,
9counseling, or rehabilitation to persons with substance-related
10disorders a substance use disorder and who rely solely on
11prayer or other spiritual means for healing in the practice of
12religion of such church or denomination.
13f. Individuals in private practice who are providing
14substance abuse use disorder treatment services independent
15from a program that is required to be licensed under subsection
161.
17i. A substance abuse use disorder treatment program not
18funded by the department which is accredited or licensed
19by the joint commission on the accreditation of health
20care organizations, the commission on the accreditation
21of rehabilitation facilities, the American osteopathic
22association, or another recognized organization approved by
23the board council. All survey reports from the accrediting or
24licensing body must be sent to the department.
25j. A hospital substance abuse use disorder treatment program
26that is accredited or licensed by the joint commission on the
27accreditation of health care organizations, the commission on
28the accreditation of rehabilitation facilities, the American
29osteopathic association, or another recognized organization
30approved by the board council. All survey reports for the
31hospital substance abuse use disorder treatment program
32from the accrediting or licensing body shall be sent to the
33department.
34 Sec. 87. Section 125.14, Code 2023, is amended to read as
35follows:
-49- 1125.14 Licenses — renewal — fees.
2The board council shall consider all cases involving initial
3issuance, and renewal, denial, suspension, or revocation
4of a license. The department shall issue a license to an
5applicant whom the board council determines meets the licensing
6requirements of this chapter. Licenses shall expire no
7later than three years from the date of issuance and shall be
8renewed upon timely application made in the same manner as
9for initial issuance of a license unless notice of nonrenewal
10is given to the licensee at least thirty days prior to the
11expiration of the license. The department shall not charge a
12fee for licensing or renewal of programs contracting with the
13department for provision of treatment services. A fee may be
14charged to other licensees.
15 Sec. 88. Section 125.14A, Code 2023, is amended to read as
16follows:
17125.14A Personnel of a licensed program admitting juveniles.
181. If a person is being considered for licensure under this
19chapter, or for employment involving direct responsibility for
20a child or with access to a child when the child is alone, by
21a program admitting juveniles subject to licensure under this
22chapter, or if a person will reside in a facility utilized
23by such a program, and if the person has been convicted of
24a crime or has a record of founded child abuse, the record
25check evaluation system of the department of human services
26 and the program, for an employee of the program, shall perform
27an evaluation to determine whether the crime or founded
28child abuse warrants prohibition of licensure, employment, or
29residence in the facility. The department of human services
30 record check evaluation system shall conduct criminal and
31child abuse record checks in this state and may conduct these
32checks in other states. The evaluation shall be performed in
33accordance with procedures adopted for this purpose by the
34department of human services.
352. If the department of human services record check
-50-1evaluation system determines that a person has committed a
2crime or has a record of founded child abuse and is licensed,
3employed by a program licensed under this chapter, or resides
4in a licensed facility the department record check evaluation
5system shall notify the program that an evaluation will be
6conducted to determine whether prohibition of the person’s
7licensure, employment, or residence is warranted.
83. In an evaluation, the department of human services
9 record check evaluation system and the program for an employee
10of the program shall consider the nature and seriousness of
11the crime or founded child abuse in relation to the position
12sought or held, the time elapsed since the commission of the
13crime or founded child abuse, the circumstances under which
14the crime or founded child abuse was committed, the degree of
15rehabilitation, the likelihood that the person will commit the
16crime or founded child abuse again, and the number of crimes
17or founded child abuses committed by the person involved. The
18department of human services record check evaluation system
19 may permit a person who is evaluated to be licensed, employed,
20or to reside, or to continue to be licensed, employed, or
21to reside in a program, if the person complies with the
22department’s record check evaluation system’s conditions
23relating to the person’s licensure, employment, or residence,
24which may include completion of additional training. For an
25employee of a licensee, these conditional requirements shall
26be developed with the licensee. The department of human
27services record check evaluation system has final authority
28in determining whether prohibition of the person’s licensure,
29employment, or residence is warranted and in developing any
30conditional requirements under this subsection.
314. If the department of human services record check
32evaluation system determines that the person has committed a
33crime or has a record of founded child abuse which warrants
34prohibition of licensure, employment, or residence, the person
35shall not be licensed under this chapter to operate a program
-51-1admitting juveniles and shall not be employed by a program or
2reside in a facility admitting juveniles licensed under this
3chapter.
45. In addition to the record checks required under this
5section, the department of human services record check
6evaluation system may conduct dependent adult abuse record
7checks in this state and may conduct these checks in other
8states, on a random basis. The provisions of this section,
9relative to an evaluation following a determination that a
10person has been convicted of a crime or has a record of founded
11child abuse, shall also apply to a random check conducted under
12this subsection.
136. Beginning July 1, 1994, a A program or facility shall
14inform all new applicants for employment of the possibility
15of the performance of a record check and shall obtain, from
16the applicant, a signed acknowledgment of the receipt of the
17information.
187. On or after July 1, 1994, a A program or facility shall
19include the following inquiry in an application for employment:
20Do you have a record of founded child or dependent adult abuse
21or have you ever been convicted of a crime, in this state or any
22other state?
23 Sec. 89. Section 125.15, Code 2023, is amended to read as
24follows:
25125.15 Inspections.
26The department may inspect the facilities and review the
27procedures utilized by any chemical substitutes or antagonists
28program, residential program, or nonresidential outpatient
29program that has as a primary purpose the treatment and
30rehabilitation of persons with substance-related disorders a
31substance use disorder, for the purpose of ensuring compliance
32with this chapter and the rules adopted pursuant to this
33chapter. The examination and review may include case record
34audits and interviews with staff and patients, consistent with
35the confidentiality safeguards of state and federal law.
-52-1 Sec. 90. Section 125.15A, subsection 1, unnumbered
2paragraph 1, Code 2023, is amended to read as follows:
3The department may place an employee or agent to serve as a
4monitor in a licensed substance abuse use disorder treatment
5program or may petition the court for appointment of a receiver
6for a program when any of the following conditions exist:
7 Sec. 91. Section 125.15A, subsection 1, paragraph b, Code
82023, is amended to read as follows:
9b. The board council has suspended, revoked, or refused to
10renew the existing license of the program.
11 Sec. 92. Section 125.16, Code 2023, is amended to read as
12follows:
13125.16 Transfer of license or change of location prohibited.
14A license issued under this chapter may not be transferred,
15and the location of the physical facilities occupied or
16utilized by any program licensed under this chapter shall not
17be changed without the prior written consent of the board
18 council.
19 Sec. 93. Section 125.17, Code 2023, is amended to read as
20follows:
21125.17 License suspension or revocation.
22Violation of any of the requirements or restrictions of
23this chapter or of any of the rules adopted pursuant to this
24chapter is cause for suspension, revocation, or refusal to
25renew a license. The director shall at the earliest time
26feasible notify a licensee whose license the board council
27 is considering suspending or revoking and shall inform the
28licensee what changes must be made in the licensee’s operation
29to avoid such action. The licensee shall be given a reasonable
30time for compliance, as determined by the director, after
31receiving such notice or a notice that the board council does
32not intend to renew the license. When the licensee believes
33compliance has been achieved, or if the licensee considers
34the proposed suspension, revocation, or refusal to renew
35unjustified, the licensee may submit pertinent information to
-53-1the board council and the board council shall expeditiously
2make a decision in the matter and notify the licensee of the
3decision.
4 Sec. 94. Section 125.18, Code 2023, is amended to read as
5follows:
6125.18 Hearing before board council.
7If a licensee under this chapter makes a written request
8for a hearing within thirty days of suspension, revocation,
9or refusal to renew a license, a hearing before the board
10 council shall be expeditiously arranged by the department of
11inspections and appeals whose decision is subject to review by
12the board council. The board council shall issue a written
13statement of the board’s council’s findings within thirty days
14after conclusion of the hearing upholding or reversing the
15proposed suspension, revocation, or refusal to renew a license.
16Action involving suspension, revocation, or refusal to renew a
17license shall not be taken by the board council unless a quorum
18is present at the meeting. A copy of the board’s council’s
19 decision shall be promptly transmitted to the affected licensee
20who may, if aggrieved by the decision, seek judicial review of
21the actions of the board council in accordance with the terms
22of chapter 17A.
23 Sec. 95. Section 125.19, Code 2023, is amended to read as
24follows:
25125.19 Reissuance or reinstatement.
26After suspension, revocation, or refusal to renew a license
27pursuant to this chapter, the affected licensee shall not have
28the license reissued or reinstated within one year of the
29effective date of the suspension, revocation, or expiration
30upon refusal to renew, unless the board council orders
31otherwise. After that time, proof of compliance with the
32requirements and restrictions of this chapter and the rules
33adopted pursuant to this chapter must be presented to the board
34 council prior to reinstatement or reissuance of a license.
35 Sec. 96. Section 125.20, Code 2023, is amended to read as
-54-1follows:
2125.20 Rules.
3The department shall establish rules pursuant to chapter
417A requiring facilities to use reasonable accounting and
5reimbursement systems which recognize relevant cost-related
6factors for patients with a substance abuse patients use
7disorder. A facility shall not be licensed nor shall any
8payment be made under this chapter to a facility which fails
9to comply with those rules or which does not permit inspection
10by the department or examination of all records, including
11financial records, methods of administration, general and
12special dietary programs, the disbursement of drugs and methods
13of supply, and any other records the department deems relevant
14to the establishment of such a system. However, rules issued
15pursuant to this paragraph shall not apply to any facility
16referred to in section 125.13, subsection 2 or section 125.43.
17 Sec. 97. Section 125.21, subsection 1, Code 2023, is amended
18to read as follows:
191. The board council has exclusive power in this state
20to approve and license chemical substitutes and antagonists
21programs, and to monitor chemical substitutes and antagonists
22programs to ensure that the programs are operating within the
23rules adopted pursuant to this chapter. The board council
24 shall grant approval and license if the requirements of the
25rules are met and state funding is not requested. The chemical
26substitutes and antagonists programs conducted by persons
27exempt from the licensing requirements of this chapter pursuant
28to section 125.13, subsection 2, are subject to approval and
29licensure under this section.
30 Sec. 98. Section 125.25, subsection 1, Code 2023, is amended
31to read as follows:
321. Before making any allocation of funds to a local
33substance abuse use disorder program, the department shall
34require a detailed line item budget clearly indicating the
35funds received from each revenue source for the fiscal year
-55-1for which the funds are requested on forms provided by the
2department for each program.
3 Sec. 99. Section 125.32, unnumbered paragraph 1, Code 2023,
4is amended to read as follows:
5The department shall adopt and may amend and repeal rules
6for acceptance of persons into the treatment program, subject
7to chapter 17A, considering available treatment resources and
8facilities, for the purpose of early and effective treatment
9of persons with substance-related disorders a substance
10use disorder and concerned family members. In establishing
11the rules the department shall be guided by the following
12standards:
13 Sec. 100. Section 125.32A, Code 2023, is amended to read as
14follows:
15125.32A Discrimination prohibited.
16Any substance abuse use disorder treatment program receiving
17state funding under this chapter or any other chapter of the
18Code shall not discriminate against a person seeking treatment
19solely because the person is pregnant, unless the program
20in each instance identifies and refers the person to an
21alternative and acceptable treatment program for the person.
22 Sec. 101. Section 125.33, Code 2023, is amended to read as
23follows:
24125.33 Voluntary treatment of persons with substance-related
25disorders a substance use disorder.
261. A person with a substance-related substance use
27 disorder may apply for voluntary treatment or rehabilitation
28services directly to a facility or to a licensed physician and
29surgeon or osteopathic physician and surgeon or to a mental
30health professional. If the proposed patient is a minor or
31an incompetent person, a parent, a legal guardian or other
32legal representative may make the application. The licensed
33physician and surgeon or osteopathic physician and surgeon,
34mental health professional, or any employee or person acting
35under the direction or supervision of the physician and
-56-1surgeon or osteopathic physician and surgeon, mental health
2professional, or facility shall not report or disclose the
3name of the person or the fact that treatment was requested
4or has been undertaken to any law enforcement officer or law
5enforcement agency; nor shall such information be admissible as
6evidence in any court, grand jury, or administrative proceeding
7unless authorized by the person seeking treatment. If the
8person seeking such treatment or rehabilitation is a minor who
9has personally made application for treatment, the fact that
10the minor sought treatment or rehabilitation or is receiving
11treatment or rehabilitation services shall not be reported
12or disclosed to the parents or legal guardian of such minor
13without the minor’s consent, and the minor may give legal
14consent to receive such treatment and rehabilitation.
152. Subject to rules adopted by the department, the
16administrator or the administrator’s designee in charge of a
17facility may determine who shall be admitted for treatment
18or rehabilitation. If a person is refused admission, the
19administrator or the administrator’s designee, subject to rules
20adopted by the department, shall refer the person to another
21facility for treatment if possible and appropriate.
223. A person with a substance-related substance use
23 disorder seeking treatment or rehabilitation and who is
24either addicted to or dependent on a chemical substance may
25first be examined and evaluated by a licensed physician and
26surgeon or osteopathic physician and surgeon or a mental health
27professional who may prescribe, if authorized or licensed
28to do so, a proper course of treatment and medication, if
29needed. The licensed physician and surgeon or osteopathic
30physician and surgeon or mental health professional may further
31prescribe a course of treatment or rehabilitation and authorize
32another licensed physician and surgeon or osteopathic physician
33and surgeon, mental health professional, or facility to
34provide the prescribed treatment or rehabilitation services.
35Treatment or rehabilitation services may be provided to a
-57-1person individually or in a group. A facility providing or
2engaging in treatment or rehabilitation shall not report or
3disclose to a law enforcement officer or law enforcement
4agency the name of any person receiving or engaged in the
5treatment or rehabilitation; nor shall a person receiving or
6participating in treatment or rehabilitation report or disclose
7the name of any other person engaged in or receiving treatment
8or rehabilitation or that the program is in existence, to
9a law enforcement officer or law enforcement agency. Such
10information shall not be admitted in evidence in any court,
11grand jury, or administrative proceeding. However, a person
12engaged in or receiving treatment or rehabilitation may
13authorize the disclosure of the person’s name and individual
14participation.
154. If a patient receiving inpatient or residential care
16leaves a facility, the patient shall be encouraged to consent
17to appropriate outpatient or halfway house treatment. If it
18appears to the administrator in charge of the facility that
19the patient is a person with a substance-related substance
20use disorder who requires help, the director may arrange for
21assistance in obtaining supportive services.
225. If a patient leaves a facility, with or against the
23advice of the administrator in charge of the facility, the
24director may make reasonable provisions for the patient’s
25transportation to another facility or to the patient’s home.
26If the patient has no home the patient shall be assisted in
27obtaining shelter. If the patient is a minor or an incompetent
28person, the request for discharge from an inpatient facility
29shall be made by a parent, legal guardian, or other legal
30representative, or by the minor or incompetent person if the
31patient was the original applicant.
326. Any person who reports or discloses the name of a
33person receiving treatment or rehabilitation services to a
34law enforcement officer or law enforcement agency or any
35person receiving treatment or rehabilitation services who
-58-1discloses the name of any other person receiving treatment or
2rehabilitation services without the written consent of the
3person in violation of the provisions of this section shall
4upon conviction be guilty of a simple misdemeanor.
5 Sec. 102. Section 125.34, Code 2023, is amended to read as
6follows:
7125.34 Treatment and services for persons with
8substance-related disorders a substance use disorder due to
9intoxication and substance-induced incapacitation.
101. A person with a substance-related substance use disorder
11due to intoxication or substance-induced incapacitation may
12come voluntarily to a facility for emergency treatment. A
13person who appears to be intoxicated or incapacitated by a
14substance in a public place and in need of help may be taken
15to a facility by a peace officer under section 125.91. If
16the person refuses the proffered help, the person may be
17arrested and charged with intoxication under section 123.46,
18if applicable.
192. If no facility is readily available the person may
20be taken to an emergency medical service customarily used
21for incapacitated persons. The peace officer in detaining
22the person and in taking the person to a facility shall make
23every reasonable effort to protect the person’s health and
24safety. In detaining the person the detaining officer may take
25reasonable steps for self-protection. Detaining a person under
26section 125.91 is not an arrest and no entry or other record
27shall be made to indicate that the person who is detained has
28been arrested or charged with a crime.
293. A person who arrives at a facility and voluntarily
30submits to examination shall be examined by a licensed
31physician and surgeon or osteopathic physician and surgeon or
32mental health professional as soon as possible after the person
33arrives at the facility. The person may then be admitted as a
34patient or referred to another health facility. The referring
35facility shall arrange for transportation.
-59- 14. If a person is voluntarily admitted to a facility, the
2person’s family or next of kin shall be notified as promptly
3as possible. If an adult patient who is not incapacitated
4requests that there be no notification, the request shall be
5respected.
65. A peace officer who acts in compliance with this section
7is acting in the course of the officer’s official duty and is
8not criminally or civilly liable therefor for such acts, unless
9such acts constitute willful malice or abuse.
106. If the physician and surgeon or osteopathic physician
11and surgeon in charge of the facility determines it is for the
12patient’s benefit, the patient shall be encouraged to agree to
13further diagnosis and appropriate voluntary treatment.
147. A licensed physician and surgeon or osteopathic
15physician and surgeon, mental health professional, facility
16administrator, or an employee or a person acting as or on
17behalf of the facility administrator, is not criminally or
18civilly liable for acts in conformity with this chapter, unless
19the acts constitute willful malice or abuse.
20 Sec. 103. Section 125.37, subsection 2, Code 2023, is
21amended to read as follows:
222. Notwithstanding subsection 1, the director may make
23available information from patients’ records for purposes of
24research into the causes and treatment of substance abuse use
25disorder. Information under this subsection shall not be
26published in a way that discloses patients’ names or other
27identifying information.
28 Sec. 104. Section 125.39, Code 2023, is amended to read as
29follows:
30125.39 Eligible entities.
31A local governmental unit which is providing funds to a
32facility for treatment of substance abuse use disorder may
33request from the facility a treatment program plan prior to
34authorizing payment of any claims filed by the facility. The
35governing body of the local governmental unit may review the
-60-1plan, but shall not impose on the facility any requirement
2conflicting with the comprehensive treatment program of the
3facility.
4 Sec. 105. Section 125.43, Code 2023, is amended to read as
5follows:
6125.43 Funding at mental health institutes.
7Chapter 230 governs the determination of the costs
8and payment for treatment provided to persons with
9substance-related disorders a substance use disorderin a
10mental health institute under the department of human services,
11except that the charges are not a lien on real estate owned
12by persons legally liable for support of the person with a
13substance-related substance use disorder and the daily per diem
14shall be billed at twenty-five percent. The superintendent of
15a state hospital mental health institute shall total only those
16expenditures which can be attributed to the cost of providing
17inpatient treatment to persons with substance-related disorders
18 a substance use disorder for purposes of determining the daily
19per diem. Section 125.44 governs the determination of who is
20legally liable for the cost of care, maintenance, and treatment
21of a person with a substance-related substance use disorder and
22of the amount for which the person is liable.
23 Sec. 106. Section 125.43A, Code 2023, is amended to read as
24follows:
25125.43A Prescreening — exception.
26Except in cases of medical emergency or court-ordered
27admissions, a person shall be admitted to a state mental health
28institute for treatment of a substance-related substance use
29 disorder only after a preliminary intake and assessment by a
30department-licensed treatment facility or a hospital providing
31care or treatment for persons with substance-related disorders
32 a substance use disorder licensed under chapter 135B and
33accredited by the joint commission on the accreditation of
34health care organizations, the commission on accreditation
35of rehabilitation facilities, the American osteopathic
-61-1association, or another recognized organization approved by
2the board council, or by a designee of a department-licensed
3treatment facility or a hospital other than a state mental
4health institute, which confirms that the admission is
5appropriate to the person’s substance-related substance use
6 disorder service needs. A county board of supervisors may seek
7an admission of a patient to a state mental health institute
8who has not been confirmed for appropriate admission and the
9county shall be responsible for one hundred percent of the cost
10of treatment and services of the patient.
11 Sec. 107. Section 125.44, Code 2023, is amended to read as
12follows:
13125.44 Agreements with facilities — liability for costs.
141. The director may, consistent with the comprehensive
15substance abuse use disorder program, enter into written
16agreements with a facility as defined in section 125.2 to pay
17for one hundred percent of the cost of the care, maintenance,
18and treatment of persons with substance-related disorders a
19substance use disorder, except when section 125.43A applies.
20All payments for state patients shall be made in accordance
21with the limitations of this section. Such contracts shall be
22for a period of no more than one year.
232. The contract may be in the form and contain provisions
24as agreed upon by the parties. The contract shall provide
25that the facility shall admit and treat persons with
26substance-related disorders a substance use disorder regardless
27of where they have residence. If one payment for care,
28maintenance, and treatment is not made by the patient or
29those legally liable for the patient, the payment shall be
30made by the department directly to the facility. Payments
31shall be made each month and shall be based upon the rate of
32payment for services negotiated between the department and the
33contracting facility. If a facility projects a temporary cash
34flow deficit, the department may make cash advances at the
35beginning of each fiscal year to the facility. The repayment
-62-1schedule for advances shall be part of the contract between the
2department and the facility. This section does not pertain to
3patients treated at the mental health institutes.
43. If the appropriation to the department is insufficient
5to meet the requirements of this section, the department shall
6request a transfer of funds and section 8.39 shall apply.
74. The person with a substance-related substance use
8 disorder is legally liable to the facility for the total amount
9of the cost of providing care, maintenance, and treatment for
10the person with a substance-related substance use disorder
11while a voluntary or committed patient in a facility. This
12section does not prohibit any individual from paying any
13portion of the cost of treatment.
145. The department is liable for the cost of care, treatment,
15and maintenance of persons with substance-related disorders a
16substance use disorder admitted to the facility voluntarily or
17pursuant to section 125.75, 125.81, or 125.91 or section 321J.3
18or 124.409 only to those facilities that have a contract with
19the department under this section, only for the amount computed
20according to and within the limits of liability prescribed by
21this section, and only when the person with a substance-related
22 substance use disorder is unable to pay the costs and there is
23no other person, firm, corporation, or insurance company bound
24to pay the costs.
256. The department’s maximum liability for the costs of care,
26treatment, and maintenance of persons with substance-related
27disorders a substance use disorder in a contracting facility
28is limited to the total amount agreed upon by the parties and
29specified in the contract under this section.
30 Sec. 108. Section 125.46, Code 2023, is amended to read as
31follows:
32125.46 County of residence determined.
33The facility shall, when a person with a substance-related
34 substance use disorder is admitted, or as soon thereafter as
35it receives the proper information, determine and enter upon
-63-1its records the Iowa county of residence of the person with a
2substance-related substance use disorder, or that the person
3resides in some other state or country, or that the person is
4unclassified with respect to residence.
5 Sec. 109. Section 125.55, Code 2023, is amended to read as
6follows:
7125.55 Audits.
8All licensed substance abuse use disorder programs are
9subject to annual audit either by the auditor of state or in
10lieu of an audit by the auditor of state the substance abuse
11 use disorder program may contract with or employ certified
12public accountants to conduct the audit, in accordance with
13sections 11.6, 11.14, and 11.19. The audit format shall be
14as prescribed by the auditor of state. The certified public
15accountant shall submit a copy of the audit to the director. A
16licensed substance abuse use disorder program is also subject
17to special audits as the director requests. The licensed
18substance abuse use disorder program or the department shall
19pay all expenses incurred by the auditor of state in conducting
20an audit under this section.
21 Sec. 110. Section 125.58, Code 2023, is amended to read as
22follows:
23125.58 Inspection — penalties.
241. If the department has probable cause to believe that
25an institution, place, building, or agency not licensed as
26a substance abuse use disorder treatment and rehabilitation
27facility is in fact a substance abuse use disorder treatment
28and rehabilitation facility as defined by this chapter, and
29is not exempt from licensing by section 125.13, subsection 2,
30the board council may order an inspection of the institution,
31place, building, or agency. If the inspector upon presenting
32proper identification is denied entry for the purpose of making
33the inspection, the inspector may, with the assistance of
34the county attorney of the county in which the premises are
35located, apply to the district court for an order requiring
-64-1the owner or occupant to permit entry and inspection of the
2premises to determine whether there have been violations
3of this chapter. The investigation may include review of
4records, reports, and documents maintained by the facility
5and interviews with staff members consistent with the
6confidentiality safeguards of state and federal law.
72. A person establishing, conducting, managing, or
8operating a substance abuse use disorder treatment and
9rehabilitation facility without a license is guilty of a
10serious misdemeanor. Each day of continued violation after
11conviction or notice from the department by certified mail of a
12violation shall be considered a separate offense or chargeable
13offense. A person establishing, conducting, managing or
14operating a substance abuse use disorder treatment and
15rehabilitation facility without a license may be temporarily
16or permanently restrained therefrom by a court of competent
17jurisdiction in an action brought by the state.
183. Notwithstanding the existence or pursuit of any other
19remedy, the department may, in the manner provided by law,
20maintain an action in the name of the state for injunction or
21other process against a person or governmental unit to restrain
22or prevent the establishment, conduct, management or operation
23of a substance abuse use disorder treatment and rehabilitation
24facility without a license.
25 Sec. 111. Section 125.59, subsection 1, paragraph a,
26unnumbered paragraph 1, Code 2023, is amended to read as
27follows:
28Of these funds, notwithstanding section 125.13, subsection
291, one-half of the transferred amount shall be used for grants
30to counties operating a substance abuse use disorder program
31involving only education, prevention, referral or posttreatment
32services, either with the counties’ own employees or by
33contract with a nonprofit corporation. The grants shall not
34annually exceed ten thousand dollars to any one county, subject
35to the following conditions:
-65-1 Sec. 112. Section 125.59, subsection 1, paragraph b, Code
22023, is amended to read as follows:
3b. If the transferred amount for this subsection exceeds
4grant requests funded to the ten thousand dollar maximum,
5the department of public health may use the remainder for
6activities and public information resources that align with
7best practices for substance-related substance use disorder
8prevention or to increase grants pursuant to subsection 2.
9 Sec. 113. Section 125.75, subsection 1, Code 2023, is
10amended to read as follows:
111. Proceedings for the involuntary commitment or treatment
12of a person with a substance-related substance use disorder
13to a facility pursuant to this chapter or for the involuntary
14hospitalization of a person pursuant to chapter 229 may
15be commenced by any interested person by filing a verified
16application with the clerk of the district court of the
17county where the respondent is presently located or which
18is the respondent’s place of residence. The clerk or the
19clerk’s designee shall assist the applicant in completing the
20application.
21 Sec. 114. Section 125.75, subsection 2, paragraph a,
22subparagraph (1), Code 2023, is amended to read as follows:
23(1) A substance-related substance use disorder as defined
24in section 125.2.
25 Sec. 115. Section 125.80, subsections 3 and 4, Code 2023,
26are amended to read as follows:
273. If the report of a court-designated licensed physician
28and surgeon or osteopathic physician and surgeon or mental
29health professional is to the effect that the respondent is
30not a person with a substance-related substance use disorder,
31the court, without taking further action, shall terminate the
32proceeding and dismiss the application on its own motion and
33without notice.
344. If the report of a court-designated licensed physician
35and surgeon or osteopathic physician and surgeon or mental
-66-1health professional is to the effect that the respondent is a
2person with a substance-related substance use disorder, the
3court shall schedule a commitment hearing as soon as possible.
4The hearing shall be held not more than forty-eight hours
5after the report is filed, excluding Saturdays, Sundays, and
6holidays, unless an extension for good cause is requested
7by the respondent, or as soon thereafter as possible if the
8court considers that sufficient grounds exist for delaying the
9hearing.
10 Sec. 116. Section 125.81, subsection 1, Code 2023, is
11amended to read as follows:
121. If a person filing an application requests that a
13respondent be taken into immediate custody, and the court upon
14reviewing the application and accompanying documentation, finds
15probable cause to believe that the respondent is a person with
16a substance-related substance use disorder who is likely to
17injure the person or other persons if allowed to remain at
18liberty, the court may enter a written order directing that
19the respondent be taken into immediate custody by the sheriff,
20and be detained until the commitment hearing, which shall
21be held no more than five days after the date of the order,
22except that if the fifth day after the date of the order is
23a Saturday, Sunday, or a holiday, the hearing may be held on
24the next business day. The court may order the respondent
25detained for the period of time until the hearing is held, and
26no longer except as provided in section 125.88, in accordance
27with subsection 2, paragraph “a”, if possible, and if not, then
28in accordance with subsection 2, paragraph “b”, or, only if
29neither of these alternatives is available in accordance with
30subsection 2, paragraph “c”.
31 Sec. 117. Section 125.81, subsection 2, paragraph c, Code
322023, is amended to read as follows:
33c. In the nearest facility which is licensed to care for
34persons with mental illness or substance abuse use disorder,
35provided that detention in a jail or other facility intended
-67-1for confinement of those accused or convicted of a crime shall
2not be ordered.
3 Sec. 118. Section 125.82, subsections 3 and 4, Code 2023,
4are amended to read as follows:
53. The person who filed the application and a licensed
6physician and surgeon or osteopathic physician and surgeon,
7mental health professional, or certified alcohol and drug
8counselor certified by the nongovernmental Iowa board of
9substance abuse certification who has examined the respondent
10in connection with the commitment hearing shall be present
11at the hearing, unless the court for good cause finds that
12their presence or testimony is not necessary. The applicant,
13respondent, and the respondent’s attorney may waive the
14presence or telephonic appearance of the licensed physician
15and surgeon or osteopathic physician and surgeon, mental
16health professional, or certified alcohol and drug counselor
17who examined the respondent and agree to submit as evidence
18the written report of the licensed physician and surgeon or
19osteopathic physician and surgeon, mental health professional,
20or certified alcohol and drug counselor. The respondent’s
21attorney shall inform the court if the respondent’s attorney
22reasonably believes that the respondent, due to diminished
23capacity, cannot make an adequately considered waiver decision.
24“Good cause” for finding that the testimony of the licensed
25physician and surgeon or osteopathic physician and surgeon,
26mental health professional, or certified alcohol and drug
27counselor who examined the respondent is not necessary may
28include, but is not limited to, such a waiver. If the court
29determines that the testimony of the licensed physician and
30surgeon or osteopathic physician and surgeon, mental health
31professional, or certified alcohol and drug counselor is
32necessary, the court may allow the licensed physician and
33surgeon or osteopathic physician and surgeon, mental health
34professional, or certified alcohol and drug counselor to
35testify by telephone. The respondent shall be present at the
-68-1hearing unless prior to the hearing the respondent’s attorney
2stipulates in writing that the attorney has conversed with the
3respondent, and that in the attorney’s judgment the respondent
4cannot make a meaningful contribution to the hearing, or that
5the respondent has waived the right to be present, and the
6basis for the attorney’s conclusions. A stipulation to the
7respondent’s absence shall be reviewed by the court before the
8hearing, and may be rejected if it appears that insufficient
9grounds are stated or that the respondent’s interests would not
10be served by the respondent’s absence.
114. The respondent’s welfare is paramount, and the hearing
12shall be tried as a civil matter and conducted in as informal a
13manner as is consistent with orderly procedure. The hearing
14may be held by video conference at the discretion of the
15court. Discovery as permitted under the Iowa rules of civil
16procedure is available to the respondent. The court shall
17receive all relevant and material evidence, but the court is
18not bound by the rules of evidence. A presumption in favor of
19the respondent exists, and the burden of evidence and support
20of the contentions made in the application shall be upon the
21person who filed the application. If upon completion of the
22hearing the court finds that the contention that the respondent
23is a person with a substance-related substance use disorder has
24not been sustained by clear and convincing evidence, the court
25shall deny the application and terminate the proceeding.
26 Sec. 119. Section 125.83, Code 2023, is amended to read as
27follows:
28125.83 Placement for evaluation.
29If upon completion of the commitment hearing, the court
30finds that the contention that the respondent is a person with
31a substance-related substance use disorder has been sustained
32by clear and convincing evidence, the court shall order the
33respondent placed at a facility or under the care of a suitable
34facility on an outpatient basis as expeditiously as possible
35for a complete evaluation and appropriate treatment. The
-69-1court shall furnish to the facility at the time of admission
2or outpatient placement, a written statement of facts setting
3forth the evidence on which the finding is based. The
4administrator of the facility shall report to the court no
5more than fifteen days after the individual is admitted to or
6placed under the care of the facility, which shall include the
7chief medical officer’s recommendation concerning treatment
8of a substance-related substance use disorder. An extension
9of time may be granted for a period not to exceed seven days
10upon a showing of good cause. A copy of the report shall be
11sent to the respondent’s attorney who may contest the need
12for an extension of time if one is requested. If the request
13is contested, the court shall make an inquiry as it deems
14appropriate and may either order the respondent released
15from the facility or grant an extension of time for further
16evaluation. If the administrator fails to report to the court
17within fifteen days after the individual is admitted to the
18facility, and no extension of time has been requested, the
19administrator is guilty of contempt and shall be punished
20under chapter 665. The court shall order a rehearing on the
21application to determine whether the respondent should continue
22to be held at the facility.
23 Sec. 120. Section 125.83A, subsection 1, Code 2023, is
24amended to read as follows:
251. If upon completion of the commitment hearing, the court
26finds that the contention that the respondent is a person with
27a substance-related substance use disorder has been sustained
28by clear and convincing evidence, and the court is furnished
29evidence that the respondent is eligible for care and treatment
30in a facility operated by the United States department of
31veterans affairs or another agency of the United States
32government and that the facility is willing to receive the
33respondent, the court may so order. The respondent, when so
34placed in a facility operated by the United States department
35of veterans affairs or another agency of the United States
-70-1government within or outside of this state, shall be subject to
2the rules of the United States department of veterans affairs
3or other agency, but shall not lose any procedural rights
4afforded the respondent by this chapter. The chief officer
5of the facility shall have, with respect to the respondent
6so placed, the same powers and duties as the chief medical
7officer of a hospital in this state would have in regard to
8submission of reports to the court, retention of custody,
9transfer, convalescent leave, or discharge. Jurisdiction
10is retained in the court to maintain surveillance of the
11respondent’s treatment and care, and at any time to inquire
12into the respondent’s condition and the need for continued care
13and custody.
14 Sec. 121. Section 125.84, Code 2023, is amended to read as
15follows:
16125.84 Evaluation report.
17The facility administrator’s report to the court of the
18chief medical officer’s substance abuse use disorder evaluation
19of the respondent shall be made no later than the expiration of
20the time specified in section 125.83. At least two copies of
21the report shall be filed with the clerk, who shall distribute
22the copies in the manner described by section 125.80,
23subsection 2. The report shall state one of the four following
24alternative findings:
251. That the respondent does not, as of the date of the
26report, require further treatment for substance abuse use
27disorder. If the report so states, the court shall order the
28respondent’s immediate release from involuntary commitment and
29terminate the proceedings.
302. That the respondent is a person with a substance-related
31 substance use disorder who is in need of full-time custody,
32care, and treatment in a facility, and is considered likely
33to benefit from treatment. If the report so states, the
34court shall enter an order which may require the respondent’s
35continued placement and commitment to a facility for
-71-1appropriate treatment.
23. That the respondent is a person with a substance-related
3 substance use disorder who is in need of treatment, but does
4not require full-time placement in a facility. If the report
5so states, the report shall include the chief medical officer’s
6recommendation for treatment of the respondent on an outpatient
7or other appropriate basis, and the court shall enter an order
8which may direct the respondent to submit to the recommended
9treatment. The order shall provide that if the respondent
10fails or refuses to submit to treatment, as directed by the
11court’s order, the court may order that the respondent be
12taken into immediate custody as provided by section 125.81
13and, following notice and hearing held in accordance with
14the procedures of sections 125.77 and 125.82, may order the
15respondent treated as a patient requiring full-time custody,
16care, and treatment as provided in subsection 2, and may order
17the respondent involuntarily committed to a facility.
184. That the respondent is a person with a substance-related
19 substance use disorder who is in need of treatment, but in
20the opinion of the chief medical officer is not responding to
21the treatment provided. If the report so states, the report
22shall include the facility administrator’s recommendation for
23alternative placement, and the court shall enter an order
24which may direct the respondent’s transfer to the recommended
25placement or to another placement after consultation with the
26 respondent’s attorney and the facility administrator who made
27the report under this subsection.
28 Sec. 122. Section 125.85, subsection 1, Code 2023, is
29amended to read as follows:
301. A respondent committed under section 125.84, subsection
312, shall remain in the custody of a facility for treatment
32for a period of thirty days, unless sooner discharged. The
33department is not required to pay the cost of any medication or
34procedure provided to the respondent during that period which
35is not necessary or appropriate to the specific objectives
-72-1of detoxification and treatment of substance abuse use
2disorder. At the end of the thirty-day period, the respondent
3shall be discharged automatically unless the administrator
4of the facility, before expiration of the period, obtains a
5court order for the respondent’s recommitment pursuant to an
6application under section 125.75, for a further period not to
7exceed ninety days.
8 Sec. 123. Section 125.91, Code 2023, is amended to read as
9follows:
10125.91 Emergency detention.
111. The procedure prescribed by this section shall only
12be used for a person with a substance-related substance
13use disorder due to intoxication or substance-induced
14incapacitation who has threatened, attempted, or inflicted
15physical self-harm or harm on another, and is likely to inflict
16physical self-harm or harm on another unless immediately
17detained, or who is incapacitated by a substance, if an
18application has not been filed naming the person as the
19respondent pursuant to section 125.75 and the person cannot be
20ordered into immediate custody and detained pursuant to section
21125.81.
222. a. A peace officer who has reasonable grounds to believe
23that the circumstances described in subsection 1 are applicable
24may, without a warrant, take or cause that person to be taken
25to the nearest available facility referred to in section
26125.81, subsection 2, paragraph “b” or “c”. Such a person with
27a substance-related substance use disorder due to intoxication
28or substance-induced incapacitation who also demonstrates
29a significant degree of distress or dysfunction may also
30be delivered to a facility by someone other than a peace
31officer upon a showing of reasonable grounds. Upon delivery
32of the person to a facility under this section, the attending
33physician and surgeon or osteopathic physician and surgeon may
34order treatment of the person, but only to the extent necessary
35to preserve the person’s life or to appropriately control
-73-1the person’s behavior if the behavior is likely to result in
2physical injury to the person or others if allowed to continue.
3The peace officer or other person who delivered the person to
4the facility shall describe the circumstances of the matter to
5the attending physician and surgeon or osteopathic physician
6and surgeon. If the person is a peace officer, the peace
7officer may do so either in person or by written report.
8b. If the attending physician and surgeon or osteopathic
9physician and surgeon has reasonable grounds to believe that
10the circumstances in subsection 1 are applicable, the facility
11shall have the authority to detain the person for a period of
12no longer than twelve hours. Within twelve hours of detaining
13a person pursuant to this section, the attending physician
14shall communicate with the nearest available magistrate.
15c. Once contacted pursuant to paragraph “b”, the magistrate
16shall, based upon the circumstances described by the attending
17physician and surgeon or osteopathic physician and surgeon,
18give the attending physician and surgeon or osteopathic
19physician and surgeon oral instructions either directing that
20the person be released forthwith, or authorizing the person’s
21detention in an appropriate facility. The magistrate may also
22give oral instructions and order that the detained person be
23transported to an appropriate facility.
24d. If the magistrate orders that the person be detained, the
25magistrate shall, by the close of business on the next working
26day, file a written order with the clerk in the county where it
27is anticipated that an application may be filed under section
28125.75. The order may be filed by facsimile if necessary. The
29order shall state the circumstances under which the person was
30taken into custody or otherwise brought to a facility and the
31grounds supporting the finding of probable cause to believe
32that the person is a person with a substance-related substance
33use disorder likely to result in physical injury to the person
34or others if not detained. The order shall confirm the oral
35order authorizing the person’s detention including any order
-74-1given to transport the person to an appropriate facility. The
2clerk shall provide a copy of that order to the attending
3physician and surgeon or osteopathic physician and surgeon at
4the facility to which the person was originally taken, any
5subsequent facility to which the person was transported, and
6to any law enforcement department or ambulance service that
7transported the person pursuant to the magistrate’s order.
83. The attending physician and surgeon or osteopathic
9physician and surgeon shall examine and may detain the person
10pursuant to the magistrate’s order for a period not to exceed
11forty-eight hours from the time the order is dated, excluding
12Saturdays, Sundays, and holidays, unless the order is dismissed
13by a magistrate. The facility may provide treatment which is
14necessary to preserve the person’s life or to appropriately
15control the person’s behavior if the behavior is likely to
16result in physical injury to the person or others if allowed
17to continue or is otherwise deemed medically necessary by
18the attending physician and surgeon or osteopathic physician
19and surgeon or mental health professional, but shall not
20otherwise provide treatment to the person without the person’s
21consent. The person shall be discharged from the facility and
22released from detention no later than the expiration of the
23forty-eight-hour period, unless an application for involuntary
24commitment is filed with the clerk pursuant to section 125.75.
25The detention of a person by the procedure in this section, and
26not in excess of the period of time prescribed by this section,
27shall not render the peace officer, attending physician and
28surgeon or osteopathic physician and surgeon, or facility
29detaining the person liable in a criminal or civil action
30for false arrest or false imprisonment if the peace officer,
31attending physician and surgeon or osteopathic physician
32and surgeon, mental health professional, or facility had
33reasonable grounds to believe that the circumstances described
34in subsection 1 were applicable.
354. The cost of detention in a facility under the procedure
-75-1prescribed in this section shall be paid in the same way as if
2the person had been committed to the facility pursuant to an
3application filed under section 125.75.
4 Sec. 124. Section 125.93, Code 2023, is amended to read as
5follows:
6125.93 Commitment records — confidentiality.
7Records of the identity, diagnosis, prognosis, or treatment
8of a person which are maintained in connection with the
9provision of substance abuse use disorder treatment services
10are confidential, consistent with the requirements of section
11125.37, and with the federal confidentiality regulations
12authorized by the federal Drug Abuse Office and Treatment Act,
13 42 U.S.C. §290ee and the federal Comprehensive Alcohol Abuse
14and Alcoholism Prevention, Treatment and Rehabilitation Act, 42
15U.S.C. §290dd-2. However, such records may be disclosed to an
16employee of the department of corrections, if authorized by the
17director of the department of corrections, or to an employee
18of a judicial district department of correctional services, if
19authorized by the director of the judicial district department
20of correctional services.
21 Sec. 125. Section 135.1, Code 2023, is amended to read as
22follows:
23135.1 Definitions.
24For the purposes of chapter 155 and Title IV, subtitle 2,
25excluding chapter 146, unless otherwise defined:
261. “Director” shall mean means the director of public health
27and human services.
282. “Health officer” means the physician, physician
29assistant, advanced registered nurse practitioner, or advanced
30practice registered nurse who is the health officer of the
31local board of health.
323. “Local board” shall mean means the local board of health.
334. “Physician” means a person licensed to practice
34medicine and surgery, osteopathic medicine and surgery,
35chiropractic, podiatry, or optometry under the laws of this
-76-1state; but a person licensed as a physician and surgeon shall
2be designated as a “physician” or “surgeon”, a person licensed
3as an osteopathic physician and surgeon shall be designated
4as an “osteopathic physician” or “osteopathic surgeon”, a
5person licensed as a chiropractor shall be designated as a
6“chiropractor”, a person licensed as a podiatrist shall be
7designated as a “podiatric physician”, and a person licensed
8as an optometrist shall be designated as an “optometrist”. A
9definition or designation contained in this subsection shall
10not be interpreted to expand the scope of practice of such
11licensees.
125. “Rules” shall include regulations and orders.
136. “State department” or “department” shall mean means the
14Iowa department of public health and human services.
15 Sec. 126. Section 135.11, Code 2023, is amended to read as
16follows:
17135.11 Duties Public health duties of department.
18The director of public health shall be the head of the “Iowa
19Department of Public Health”, which department shall:
201. Exercise general supervision over the public health,
21promote public hygiene and sanitation, prevent substance abuse
22 use disorder and unless otherwise provided, enforce the laws
23relating to the same.
242. Conduct campaigns for the education of the people in
25hygiene and sanitation.
263. Issue monthly health bulletins containing fundamental
27health principles and other health data deemed of public
28interest.
294. Make investigations and surveys in respect to the
30causes of disease and epidemics, and the effect of locality,
31employment, and living conditions upon the public health. For
32this purpose the department may use the services of the experts
33connected with the state hygienic laboratory at the state
34university of Iowa.
355. Establish stations throughout the state for the
-77-1distribution of antitoxins and vaccines to physicians,
2druggists pharmacists, and other persons, at cost. All
3antitoxin and vaccine thus distributed shall be labeled “Iowa
4Department of Public Health and Human Services”.
56. Exercise general supervision over the administration and
6enforcement of the sexually transmitted diseases and infections
7law, chapter 139A, subchapter II.
87. Exercise sole jurisdiction over the disposal and
9transportation of the dead bodies of human beings and prescribe
10the methods to be used in preparing such bodies for disposal
11and transportation. However, the department may approve
12a request for an exception to the application of specific
13embalming and disposition rules adopted pursuant to this
14subsection if such rules would otherwise conflict with tenets
15and practices of a recognized religious denomination to which
16the deceased individual adhered or of which denomination the
17deceased individual was a member. The department shall inform
18the board of mortuary science of any such approved exception
19which may affect services provided by a funeral director
20licensed pursuant to chapter 156.
218. Establish, publish, and enforce rules which require
22companies, corporations, and other entities to obtain a permit
23from the department prior to scattering cremated human remains.
249. Exercise general supervision over the administration and
25enforcement of the vital statistics law, chapter 144.
2610. Enforce the law relative to chapter 146 and
27“Health-related Professions”, Title IV, subtitle 3, excluding
28chapter 155.
2911. Establish and maintain divisions as are necessary
30for the proper enforcement of the laws administered by the
31department.
3212. Establish, publish, and enforce rules not inconsistent
33with law for the enforcement of the provisions of chapter 125
34and 155, and Title IV, subtitle 2, excluding chapter 146 and
35for the enforcement of the various laws, the administration and
-78-1supervision of which are imposed upon the department.
213. 10. Administer healthy aging and essential public
3health services by approving grants of state funds to the local
4boards of health for the purposes of promoting healthy aging
5throughout the lifespan and enhancing health promotion and
6disease prevention services, and by providing guidelines for
7the approval of the grants and allocation of the state funds.
8Guidelines, evaluation requirements and formula allocation
9procedures for the services shall be established by the
10department by rule.
1114. 11. Administer chapters 125, 136A, 136C, 139A, 142,
12142A, 144, and 147A.
1315. Issue an annual report to the governor as provided in
14section 7E.3, subsection 4.
1516. 12. Consult with the office of statewide clinical
16education programs at the university of Iowa college of
17medicine and annually submit a report to the general assembly
18by January 15 verifying the number of physicians in active
19practice in Iowa by county who are engaged in providing
20obstetrical care. To the extent data are readily available,
21the report shall include information concerning the number
22of deliveries per year by specialty and county, the age of
23physicians performing deliveries, and the number of current
24year graduates of the university of Iowa college of medicine
25and the Des Moines university — osteopathic medical center
26entering into residency programs in obstetrics, gynecology,
27and family practice. The report may include additional
28data relating to access to obstetrical services that may be
29available.
3017. 13. Administer the statewide maternal and child health
31program and the program for children with disabilities by
32conducting mobile and regional child health specialty clinics
33and conducting other activities to improve the health of
34low-income women and children and to promote the welfare of
35children with actual or potential conditions which may cause
-79-1disabilities and children with chronic illnesses in accordance
2with the requirements of Tit.V of the federal Social Security
3Act. The department shall provide technical assistance to
4encourage the coordination and collaboration of state agencies
5in developing outreach centers which provide publicly supported
6services for pregnant women, infants, and children. The
7department shall also, through cooperation and collaborative
8agreements with the department of human services and the
9 mobile and regional child health specialty clinics, establish
10common intake proceedings for maternal and child health
11services. The department shall work in cooperation with the
12legislative services agency in monitoring the effectiveness of
13the maternal and child health centers, including the provision
14of transportation for patient appointments and the keeping of
15scheduled appointments.
1618. 14. Establish, publish, and enforce rules requiring
17prompt reporting of methemoglobinemia, pesticide poisoning, and
18the reportable poisonings and illnesses established pursuant
19to section 139A.21.
2019. 15. Collect and maintain reports of pesticide
21poisonings and other poisonings, illnesses, or injuries
22caused by selected chemical or physical agents,
23including methemoglobinemia and pesticide and fertilizer
24hypersensitivity; and compile and publish, annually, a
25statewide and county-by-county profile based on the reports.
2620. 16. Adopt rules which require personnel of a licensed
27hospice, of a homemaker-home health aide provider agency
28which receives state homemaker-home health aide funds, or of
29an agency which provides respite care services and receives
30funds to complete training concerning blood-borne pathogens,
31including human immunodeficiency virus and viral hepatitis,
32consistent with standards from the federal occupational safety
33and health administration.
3421. 17. Adopt rules which require all emergency medical
35services personnel, fire fighters, and law enforcement
-80-1personnel to complete training concerning blood-borne
2pathogens, including human immunodeficiency virus and
3viral hepatitis, consistent with standards from the federal
4occupational safety and health administration.
522. 18. Adopt rules which provide for the testing of a
6convicted or alleged offender for the human immunodeficiency
7virus pursuant to sections 915.40 through 915.43. The rules
8shall provide for the provision of counseling, health care, and
9support services to the victim.
1023. 19. Establish ad hoc and advisory committees to the
11director in areas where technical expertise is not otherwise
12readily available. Members may be compensated for their actual
13and necessary expenses incurred in the performance of their
14duties. To encourage health consumer participation, public
15members may also receive a per diem as specified in section
167E.6 if funds are available and the per diem is determined
17to be appropriate by the director. Expense moneys paid to
18the members shall be paid from funds appropriated to the
19department. A majority of the members of such a committee
20constitutes a quorum.
2124. 20. Administer annual grants to county boards of health
22for the purpose of conducting programs for the testing of
23private water supply wells, the closing of abandoned private
24water supply wells, and the renovation or rehabilitation of
25private water supply wells. Grants shall be funded through
26moneys transferred to the department from the agriculture
27management account of the groundwater protection fund pursuant
28to section 455E.11, subsection 2, paragraph “b”, subparagraph
29(2), subparagraph division (b). The department shall adopt
30rules relating to the awarding of the grants.
3125. 21. Establish and administer, if sufficient funds
32are available to the department, a program to assess and
33forecast health workforce supply and demand in the state for
34the purpose of identifying current and projected workforce
35needs. The program may collect, analyze, and report data that
-81-1furthers the purpose of the program. The program shall not
2release information that permits identification of individual
3respondents of program surveys.
426. 22. In consultation with the advisory committee for
5perinatal guidelines, develop and maintain the statewide
6perinatal program based on the recommendations of the American
7academy of pediatrics and the American college of obstetricians
8and gynecologists contained in the most recent edition of
9the guidelines for perinatal care, and shall adopt rules in
10accordance with chapter 17A to implement those recommendations.
11Hospitals within the state shall determine whether to
12participate in the statewide perinatal program, and select the
13hospital’s level of participation in the program. A hospital
14having determined to participate in the program shall comply
15with the guidelines appropriate to the level of participation
16selected by the hospital. Perinatal program surveys and
17reports are privileged and confidential and are not subject to
18discovery, subpoena, or other means of legal compulsion for
19their release to a person other than the affected hospital, and
20are not admissible in evidence in a judicial or administrative
21proceeding other than a proceeding involving verification of
22the participating hospital under this subsection.
2327. 23. In consultation with the department of corrections,
24the antibiotic resistance task force, and the American
25federation of state, county and municipal employees, develop
26educational programs to increase awareness and utilization of
27infection control practices in institutions listed in section
28904.102.
2928. 24. Administer the Iowa youth survey, in collaboration
30with other state agencies, as appropriate, every two years to
31students in grades six, eight, and eleven in Iowa’s public
32and nonpublic schools. Survey data shall be evaluated and
33reported, with aggregate data available online at the Iowa
34youth survey internet site.
35 Sec. 127. Section 135.14, Code 2023, is amended to read as
-82-1follows:
2135.14 State public health dental director — duties program.
31. The position of state public health dental director is
4established within the department.
52. The dental director department shall perform all of the
6following duties:
7a. 1. Plan and direct all work activities of the statewide
8public health dental program.
9b. 2. Develop comprehensive dental initiatives for
10prevention activities.
11c. 3. Evaluate the effectiveness of the statewide public
12health dental program and of program personnel.
13d. Manage the oral and health delivery systems bureau
14including direction, supervision, and fiscal management of
15bureau staff.
16e. 4. Other related work as required.
17 Sec. 128. Section 135.15, Code 2023, is amended to read as
18follows:
19135.15 Oral and health delivery systems bureau established —
20responsibilities.
21An oral and health delivery systems bureau is established
22within the division of health promotion and chronic disease
23prevention of the department. The bureau department shall be
24responsible for all of the following:
251. Providing population-based oral health services,
26including public health training, improvement of dental support
27systems for families, technical assistance, awareness-building
28activities, and educational services, at the state and local
29level to assist Iowans in maintaining optimal oral health
30throughout all stages of life.
312. Performing infrastructure building and enabling services
32through the administration of state and federal grant programs
33targeting access improvement, prevention, and local oral
34health programs utilizing maternal and child health programs,
35Medicaid, and other new or existing programs.
-83- 13. Leveraging federal, state, and local resources for
2programs under the purview of the bureau department.
34. Facilitating ongoing strategic planning and application
4of evidence-based research in oral health care policy
5development that improves oral health care access and the
6overall oral health of all Iowans.
75. Developing and implementing an ongoing oral health
8surveillance system for the evaluation and monitoring of
9the oral health status of children and other underserved
10populations.
116. Facilitating the provision of oral health services
12through dental homes. For the purposes of this section,
13“dental home” means a network of individualized care based on
14risk assessment, which includes oral health education, dental
15screenings, preventive services, diagnostic services, treatment
16services, and emergency services.
17 Sec. 129. Section 135.16A, subsection 2, Code 2023, is
18amended to read as follows:
192. a. The department of inspections and appeals shall
20assist the Iowa department of public health in adopting rules
21necessary to implement and administer this section.
22b. If necessary to implement, administer, and enforce this
23section, the Iowa department of public health, in cooperation
24with the department of agriculture and land stewardship, shall
25submit a request to the United States department of agriculture
26for a waiver or other exception from regulations as deemed
27feasible by the Iowa department of public health. The Iowa
28 department of public health shall regularly report the status
29of such request to the legislative services agency.
30 Sec. 130. Section 135.22A, subsection 2, Code 2023, is
31amended to read as follows:
322. The advisory council on brain injuries is established.
33The following persons or their designees shall serve as ex
34officio, nonvoting members of the council:
35a. The director of public health and human services or the
-84-1director’s designee.
2b. The director of human services and any division
3administrators of the department of human services so assigned
4by the director.
5c. b. The director of the department of education.
6d. c. The chief of the special education bureau of the
7department of education.
8e. d. The administrator of the division of vocational
9rehabilitation services of the department of education
10 workforce development.
11f. e. The director of the department for the blind.
12 Sec. 131. 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
-85-1concerning 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
-86-1assessment.
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. 132. Section 135.24, subsection 2, unnumbered
10paragraph 1, Code 2023, is amended to read as follows:
11The department, in consultation with the department of human
12services, shall adopt rules to implement the volunteer health
13care provider program which shall include the following:
14 Sec. 133. Section 135.24A, Code 2023, is amended to read as
15follows:
16135.24A Free clinics — volunteer record check.
171. For purposes of this section, “free clinic” means a free
18clinic as defined in section 135.24 that is also a network
19of free clinics in this state that offers operational and
20collaborative opportunities to free clinics.
212. Persons who are potential volunteers or volunteers in
22a free clinic in a position having direct individual contact
23with patients of the free clinic shall be subject to criminal
24history and child and dependent adult abuse record checks in
25accordance with this section. The free clinic shall request
26that the department of public safety perform the criminal
27history check and the record check evaluation system of the
28 department of health and human services perform child and
29dependent adult abuse record checks of the person in this state
30and may request these checks in other states.
313. A free clinic subject to this section shall establish
32an evaluation process to determine whether a crime of founded
33child or dependent adult abuse warrants prohibition of the
34person’s participation as a volunteer in the free clinic.
35The evaluation process shall not be less stringent than
-87-1the evaluation process performed by the department of human
2services record check evaluation system and shall be approved
3by the department of human services.
4 Sec. 134. Section 135.25, Code 2023, is amended to read as
5follows:
6135.25 Emergency medical services fund.
7An emergency medical services fund is created in the state
8treasury under the control of the department. The fund
9includes, but is not limited to, amounts appropriated by the
10general assembly, amounts transferred pursuant to section
11602.8108, subsection 4, and other moneys available from
12federal or private sources which are to be used for purposes
13of this section. Funds remaining in the fund at the end of
14each fiscal year shall not revert to the general fund of the
15state but shall remain in the emergency medical services fund,
16notwithstanding section 8.33. The fund is established to
17assist counties by matching, on a dollar-for-dollar basis,
18moneys spent by a county for the acquisition of equipment for
19the provision of emergency medical services and by providing
20grants to counties for education and training in the delivery
21of emergency medical services, as provided in this section and
22section 422D.6. A county seeking matching funds under this
23section shall apply to the emergency medical services division
24of the department. The department shall adopt rules concerning
25the application and awarding process for the matching funds and
26the criteria for the allocation of moneys in the fund if the
27moneys are insufficient to meet the emergency medical services
28needs of the counties. Moneys allocated by the department to a
29county for emergency medical services purposes may be used for
30equipment or training and education as determined by the board
31of supervisors pursuant to section 422D.6.
32 Sec. 135. Section 135.36, Code 2023, is amended to read as
33follows:
34135.36 Interference with health department officer —
35penalties.
-88- 1Any person resisting or interfering with the department, its
2employees, or authorized agents, in the discharge of any duty
3imposed by law shall be guilty of a simple misdemeanor.
4 Sec. 136. Section 135.39, Code 2023, is amended to read as
5follows:
6135.39 Federal aid.
7The state department of public health is hereby authorized
8to may accept financial aid from the government of the United
9States for the purpose of assisting in carrying on public
10health or substance abuse use disorder responsibility in the
11state of Iowa.
12 Sec. 137. Section 135.39B, subsection 3, Code 2023, is
13amended to read as follows:
143. The prohibition under this section shall not apply to
15early childhood immunizations for influenza or in times of
16emergency or epidemic as determined by the director of public
17health. If an emergency or epidemic is determined to exist
18by the director of public health under this subsection, the
19director of public health shall notify the state board of
20 council on health and human services, the governor, and the
21legislative council, and shall notify the public upon request.
22 Sec. 138. Section 135.39E, Code 2023, is amended to read as
23follows:
24135.39E Fluoridation in public water supply — notice of
25discontinuance.
261. At least ninety days prior to taking any action to
27permanently discontinue fluoridation in its water supply, an
28owner or operator of a public water supply system, as defined
29in section 455B.171, shall provide notice to the oral and
30health delivery systems bureau established in section 135.15
31department and the public water supply system’s customers.
322. In order to provide notice to its customers, the owner or
33operator of the public water supply system shall place a notice
34on each customer’s water bill or provide notice in a way that
35is reasonably calculated so that all customers will receive the
-89-1notice.
23. Section 135.38 does not apply to violations of this
3section.
4 Sec. 139. Section 135.43, Code 2023, is amended to read as
5follows:
6135.43 Iowa child death review team established — duties.
71. An Iowa child death review team is established as part
8of the office of the state medical examiner in the department.
9The office of the state medical examiner department shall
10provide staffing and administrative support to the team.
112. The membership of the review team is subject to the
12provisions of sections 69.16 and 69.16A, relating to political
13affiliation and gender balance. Review team members who
14are not designated by another appointing authority shall be
15appointed by the state medical examiner director. Membership
16terms shall be for three years. A membership vacancy shall be
17filled in the same manner as the original appointment. The
18review team shall elect a chairperson and other officers as
19deemed necessary by the review team. The review team shall
20meet upon the call of the state medical examiner director or as
21determined by the review team. The review team shall include
22the following:
23a. The state medical examiner or the state medical
24examiner’s designee.
25b. A certified or licensed professional who is knowledgeable
26concerning sudden infant death syndrome.
27c. A pediatrician who is knowledgeable concerning deaths of
28children.
29d. A family practice physician who is knowledgeable
30concerning deaths of children.
31e. One mental health professional who is knowledgeable
32concerning deaths of children.
33f. One social worker who is knowledgeable concerning deaths
34of children.
35g. A certified or licensed professional who is knowledgeable
-90-1concerning domestic violence.
2h. A professional who is knowledgeable concerning substance
3abuse use disorder.
4i. A local law enforcement official.
5j. A county attorney.
6k. An emergency room nurse who is knowledgeable concerning
7the deaths of children.
8l. A perinatal expert.
9m. A representative of the health insurance industry.
10n. One other member who is appointed at large.
113. The review team shall perform the following duties:
12a. Collect, review, and analyze child death certificates and
13child death data, including patient records or other pertinent
14confidential information concerning the deaths of children
15under age eighteen, and other information as the review team
16deems appropriate for use in preparing an annual report to the
17governor and the general assembly concerning the causes and
18manner of child deaths. The report shall include analysis of
19factual information obtained through review and recommendations
20regarding prevention of child deaths.
21b. Recommend to the governor and the general assembly
22interventions to prevent deaths of children based on an
23analysis of the cause and manner of such deaths.
24c. Recommend to the agencies represented on the review team
25changes which may prevent child deaths.
26d. Except as authorized by this section, maintain the
27confidentiality of any patient records or other confidential
28information reviewed.
29e. Recommend to the department of human services,
30appropriate law enforcement agencies, and any other person
31involved with child protection, interventions that may prevent
32harm to a child who is related to or is living in the same home
33as a child whose case is reviewed by the team.
34f. If the sharing of information is necessary to assist in
35or initiate a child death investigation or criminal prosecution
-91-1and the office or agency receiving the information does not
2otherwise have access to the information, share information
3possessed by the review team with the office of the attorney
4general, a county attorney’s office, or an appropriate
5law enforcement agency. The office or agency receiving
6the information shall maintain the confidentiality of the
7information in accordance with this section. Unauthorized
8release or disclosure of the information received is subject to
9penalty as provided in this section.
10g. In order to assist a division of the department in
11performing the division’s department’s duties, if the division
12 department does not otherwise have access to the information,
13share information possessed by the review team. The division
14receiving recipient of the information shall maintain the
15confidentiality of the information in accordance with this
16section. Unauthorized release or disclosure of the information
17received is subject to penalty as provided in this section.
184. The review team department shall develop protocols for a
19child fatality review committee, to be appointed by the state
20medical examiner director on an ad hoc basis, to immediately
21review the child abuse assessments which involve the fatality
22of a child under age eighteen. The state medical examiner
23 director shall appoint a medical examiner, a pediatrician, and
24a person involved with law enforcement to the committee.
25a. The purpose of the review shall be to determine
26whether the department of human services and others involved
27with the case of child abuse responded appropriately. The
28protocols shall provide for the committee to consult with any
29multidisciplinary team, as defined in section 235A.13, that
30is operating in the area in which the fatality occurred. The
31protocols shall also ensure that a member of the child fatality
32review committee does not have a conflict of interest regarding
33the child fatality under review.
34b. The committee shall have access to patient records
35and other pertinent confidential information and, subject to
-92-1the restrictions in this subsection, may redisseminate the
2confidential information in the committee’s report.
3c. Upon completion of the review, the committee shall issue
4a report which shall include findings concerning the case and
5recommendations for changes to prevent child fatalities when
6similar circumstances exist. The report shall include but
7is not limited to the following information, subject to the
8restrictions listed in paragraph “d”:
9(1) The dates, outcomes, and results of any actions taken by
10the department of human services and others in regard to each
11report and allegation of child abuse involving the child who
12died.
13(2) The results of any review of the case performed by a
14multidisciplinary team, or by any other public entity that
15reviewed the case.
16(3) Confirmation of receipt by the department of human
17services of any report of child abuse involving the child,
18including confirmation as to whether or not any assessment
19involving the child was performed in accordance with section
20232.71B, the results of any assessment, a description of the
21most recent assessment and the services offered to the family,
22the services rendered to the family, and the basis for the
23department’s decisions concerning the case.
24d. Prior to issuing the report, the committee shall consult
25with the county attorney responsible for prosecution of the
26alleged perpetrator of the child fatality. The committee’s
27report shall include child abuse information associated with
28the case and the child, but is subject to the restrictions
29applicable to the department of human services for release of
30information concerning a child fatality or near fatality in
31accordance with section 235A.15, subsection 9.
32e. Following the completion of the trial of any alleged
33perpetrator of the child fatality and the appeal period
34for the granting of a new trial, the committee shall issue
35a supplemental report containing the information that was
-93-1withheld, in accordance with paragraph “d”, so as not to
2jeopardize the prosecution or the rights of the alleged
3perpetrator to a fair trial as described in section 235A.15,
4subsection 9, paragraphs “e” and “f”.
5f. The report and any supplemental report shall be submitted
6to the governor and general assembly.
7g. If deemed appropriate by the committee, at any point
8in the review the committee may recommend to the department
9of human services, appropriate law enforcement agencies, and
10any other person involved with child protection, interventions
11that may prevent harm to a child who is related to or is living
12in the same home as a child whose case is reviewed by the
13committee.
145. a. The following individuals shall designate a liaison
15to assist the review team in fulfilling its responsibilities:
16(1) The director of public health and human services.
17(2) The director of human services.
18(3) (2) The commissioner of public safety.
19(4) (3) The attorney general.
20(5) (4) The director of transportation.
21(6) (5) The director of the department of education.
22b. In addition, the chairperson of the review team
23 department shall designate a liaison from the public at large
24to assist the review team in fulfilling its responsibilities.
256. The review team may establish subcommittees to which the
26team may delegate some or all of the team’s responsibilities
27under subsection 3.
287. a. The state medical examiner, the Iowa department
29of public health, and the department of human services shall
30adopt rules providing for disclosure of information which is
31confidential under chapter 22 or any other provision of state
32law, to the review team for purposes of performing its child
33death and child abuse review responsibilities.
34b. A person in possession or control of medical,
35investigative, assessment, or other information pertaining to a
-94-1child death and child abuse review shall allow the inspection
2and reproduction of the information by the office of the state
3medical examiner department upon the request of the office
4 department, to be used only in the administration and for
5the duties of the Iowa child death review team. Except as
6provided for a report on a child fatality by an ad hoc child
7fatality review committee under subsection 4, information and
8records produced under this section which are confidential
9under section 22.7 and chapter 235A, and information or records
10received from the confidential records, remain confidential
11under this section. A person does not incur legal liability
12by reason of releasing information to the department or the
13office of the state medical examiner as required under and in
14compliance with this section.
158. Review team members and their agents are immune from any
16liability, civil or criminal, which might otherwise be incurred
17or imposed as a result of any act, omission, proceeding,
18decision, or determination undertaken or performed, or
19recommendation made as a review team member or agent provided
20that the review team members or agents acted in good faith
21and without malice in carrying out their official duties in
22their official capacity. The state medical examiner department
23 shall adopt rules pursuant to chapter 17A to administer
24this subsection. A complainant bears the burden of proof in
25establishing malice or lack of good faith in an action brought
26against review team members involving the performance of their
27duties and powers under this section.
289. A person who releases or discloses confidential data,
29records, or any other type of information in violation of this
30section is guilty of a serious misdemeanor.
31 Sec. 140. Section 135.61, subsection 12, Code 2023, is
32amended to read as follows:
3312. “Health services” means clinically related diagnostic,
34curative, or rehabilitative services, and includes alcoholism,
35drug abuse, substance use disorder and mental health services.
-95-1 Sec. 141. Section 135.100, subsection 1, Code 2023, is
2amended to read as follows:
31. “Department” means the Iowa department of public health
4and human services.
5 Sec. 142. Section 135.101, Code 2023, is amended to read as
6follows:
7135.101 Childhood lead poisoning prevention program.
8There is established a childhood lead poisoning prevention
9program within the Iowa department of public health. The
10department shall implement and review programs necessary to
11eliminate potentially dangerous toxic lead levels in children
12in Iowa in a year for which funds are appropriated to the
13department for this purpose.
14 Sec. 143. Section 135.106, subsection 1, unnumbered
15paragraph 1, Code 2023, is amended to read as follows:
16The Iowa department of public health shall establish a
17healthy opportunities for parents to experience success (HOPES)
18– healthy families Iowa (HFI) program to provide services to
19families and children during the prenatal through preschool
20years. The program shall be designed to do all of the
21following:
22 Sec. 144. Section 135.106, subsection 2, unnumbered
23paragraph 1, Code 2023, is amended to read as follows:
24The HOPES-HFI program shall be developed by the Iowa
25 department of public health, and may be implemented, in
26whole or in part, by contracting with a nonprofit child
27abuse prevention organization, local nonprofit certified home
28health program or other local nonprofit organizations, and
29shall include, but is not limited to, all of the following
30components:
31 Sec. 145. Section 135.106, subsection 3, Code 2023, is
32amended to read as follows:
333. It is the intent of the general assembly to provide
34communities with the discretion and authority to redesign
35existing local programs and services targeted at and assisting
-96-1families expecting babies and families with children who
2are newborn through five years of age. The Iowa department
3of public health, department of human services, department
4of education, and other state agencies and programs, as
5appropriate, shall provide technical assistance and support
6to communities desiring to redesign their local programs and
7shall facilitate the consolidation of existing state funding
8appropriated and made available to the community for family
9support services. Funds which are consolidated in accordance
10with this subsection shall be used to support the redesigned
11service delivery system. In redesigning services, communities
12are encouraged to implement a single uniform family risk
13assessment mechanism and shall demonstrate the potential for
14improved outcomes for children and families. Requests by
15local communities for the redesigning of services shall be
16submitted to the Iowa department of public health, department
17of human services, and the department of education, and are
18subject to the approval of the early childhood Iowa state board
19in consultation with the departments, based on the practices
20utilized with early childhood Iowa areas under chapter 256I.
21 Sec. 146. Section 135.107, Code 2023, is amended to read as
22follows:
23135.107 Center for rural Rural health and primary care
24established — duties.
251. The center for rural health and primary care is
26established within the department.
272. 1. The center for rural health and primary care
28 department shall do all of the following:
29a. Provide technical planning assistance to rural
30communities and counties exploring innovative means of
31delivering rural health services through community health
32services assessment, planning, and implementation, including
33but not limited to hospital conversions, cooperative agreements
34among hospitals, physician and health practitioner support,
35recruitment and retention of primary health care providers,
-97-1public health services, emergency medical services, medical
2assistance facilities, rural health care clinics, and
3alternative means which may be included in the long-term
4community health services assessment and developmental plan.
5The center for rural health and primary care department
6 shall encourage collaborative efforts of the local boards of
7health, hospital governing boards, and other public and private
8entities located in rural communities to adopt a long-term
9community health services assessment and developmental plan
10pursuant to rules adopted by the department and perform the
11duties required of the Iowa department of public health in
12section 135B.33.
13b. Provide technical assistance to assist rural communities
14in improving Medicare reimbursements through the establishment
15of rural health clinics, defined pursuant to 42 U.S.C. §1395x,
16and distinct part skilled nursing facility beds.
17c. Coordinate services to provide research for the following
18items:
19(1) Examination of the prevalence of rural occupational
20health injuries in the state.
21(2) Assessment of training and continuing education
22available through local hospitals and others relating to
23diagnosis and treatment of diseases associated with rural
24occupational health hazards.
25(3) Determination of continuing education support necessary
26for rural health practitioners to diagnose and treat illnesses
27caused by exposure to rural occupational health hazards.
28(4) Determination of the types of actions that can help
29prevent agricultural accidents.
30(5) Surveillance and reporting of disabilities suffered
31by persons engaged in agriculture resulting from diseases
32or injuries, including identifying the amount and severity
33of agricultural-related injuries and diseases in the state,
34identifying causal factors associated with agricultural-related
35injuries and diseases, and indicating the effectiveness of
-98-1intervention programs designed to reduce injuries and diseases.
2d. Cooperate with the center for agricultural safety and
3health established under section 262.78, the center for health
4effects of environmental contamination established under
5section 263.17, and the department of agriculture and land
6stewardship. The agencies shall coordinate programs to the
7extent practicable.
8e. Administer grants for farm safety education efforts
9directed to rural families for the purpose of preventing
10farm-related injuries to children.
113. 2. The center for rural health and primary care
12 department shall establish a primary care provider recruitment
13and retention endeavor, to be known as PRIMECARRE. The
14endeavor shall include a health care workforce and community
15support grant program and a primary care provider loan
16repayment program. The endeavor shall be developed and
17implemented in a manner to promote and accommodate local
18creativity in efforts to recruit and retain health care
19professionals to provide services in the locality. The
20focus of the endeavor shall be to promote and assist local
21efforts in developing health care provider recruitment and
22retention programs. The center for rural health and primary
23care department may enter into an agreement with the college
24student aid commission for the administration of the center’s
25 department’s grant and loan repayment programs.
26a. Health care workforce and community support grant program.
27(1) The center for rural health and primary care department
28 shall adopt rules establishing flexible application processes
29based upon the department’s strategic plan to be used by the
30center department to establish a grant assistance program as
31provided in this paragraph “a”, and establishing the criteria
32to be used in evaluating the applications. Selection criteria
33shall include a method for prioritizing grant applications
34based on illustrated efforts to meet the health care provider
35needs of the locality and surrounding area. Such assistance
-99-1may be in the form of a forgivable loan, grant, or other
2nonfinancial assistance as deemed appropriate by the center
3 department. An application submitted may contain a commitment
4of matching funds for the grant assistance. Application may
5be made for assistance by a single community or group of
6communities or in response to programs recommended in the
7strategic plan to address health workforce shortages.
8(2) Grants awarded under the program shall be awarded
9to rural, underserved areas or special populations as
10identified by the department’s strategic plan or evidence-based
11documentation.
12b. Primary care provider loan repayment program.
13(1) A primary care provider loan repayment program is
14established to increase the number of health professionals
15practicing primary care in federally designated health
16professional shortage areas of the state. Under the program,
17loan repayment may be made to a recipient for educational
18expenses incurred while completing an accredited health
19education program directly related to obtaining credentials
20necessary to practice the recipient’s health profession.
21(2) The center for rural health and primary care
22 department shall adopt rules relating to the establishment and
23administration of the primary care provider loan repayment
24program. Rules adopted pursuant to this paragraph shall
25provide, at a minimum, for all of the following:
26(a) Determination of eligibility requirements and
27qualifications of an applicant to receive loan repayment under
28the program, including but not limited to years of obligated
29service, clinical practice requirements, and residency
30requirements. One year of obligated service shall be provided
31by the applicant in exchange for each year of loan repayment,
32unless federal requirements otherwise require. Loan repayment
33under the program shall not be approved for a health provider
34whose license or certification is restricted by a medical
35regulatory authority of any jurisdiction of the United States,
-100-1other nations, or territories.
2(b) Identification of federally designated health
3professional shortage areas of the state and prioritization of
4such areas according to need.
5(c) Determination of the amount and duration of the loan
6repayment an applicant may receive, giving consideration to the
7availability of funds under the program, and the applicant’s
8outstanding educational loans and professional credentials.
9(d) Determination of the conditions of loan repayment
10applicable to an applicant.
11(e) Enforcement of the state’s rights under a loan repayment
12program contract, including the commencement of any court
13action.
14(f) Cancellation of a loan repayment program contract for
15reasonable cause unless federal requirements otherwise require.
16(g) Participation in federal programs supporting repayment
17of loans of health care providers and acceptance of gifts,
18grants, and other aid or amounts from any person, association,
19foundation, trust, corporation, governmental agency, or other
20entity for the purposes of the program.
21(h) Upon availability of state funds, determination of
22eligibility criteria and qualifications for participating
23communities and applicants not located in federally designated
24shortage areas.
25(i) Other rules as necessary.
264. 3. a. Eligibility under any of the programs established
27under the primary care provider recruitment and retention
28endeavor shall be based upon a community health services
29assessment completed under subsection 2, paragraph “a”.
30Participation in a community health services assessment process
31shall be documented by the community or region.
32b. Assistance under this subsection shall not be granted
33until such time as the community or region making application
34has completed a community health services assessment and
35adopted a long-term community health services assessment and
-101-1developmental plan. In addition to any other requirements, an
2applicant’s plan shall include, to the extent possible, a clear
3commitment to informing high school students of the health care
4opportunities which may be available to such students.
5c. The center for rural health and primary care department
6 shall seek additional assistance and resources from other state
7departments and agencies, federal agencies and grant programs,
8private organizations, and any other person, as appropriate.
9The center department is authorized and directed to accept
10on behalf of the state any grant or contribution, federal or
11otherwise, made to assist in meeting the cost of carrying out
12the purpose of this subsection. All federal grants to and the
13federal receipts of the center department are appropriated
14for the purpose set forth in such federal grants or receipts.
15Funds appropriated by the general assembly to the center
16 department for implementation of this subsection shall first
17be used for securing any available federal funds requiring a
18state match, with remaining funds being used for the health
19care workforce and community support grant program.
20d. The center for rural health and primary care department
21 may, to further the purposes of this subsection, provide
22financial assistance in the form of grants to support
23the effort of a community which is clearly part of the
24community’s long-term community health services assessment
25and developmental plan. Efforts for which such grants may
26be awarded include but are not limited to the procurement of
27clinical equipment, clinical facilities, and telecommunications
28facilities, and the support of locum tenens arrangements and
29primary care provider mentor programs.
30 Sec. 147. Section 135.108, subsections 1 and 2, Code 2023,
31are amended to read as follows:
321. “Department” means the Iowa department of public health
33and human services.
342. “Director” means the director of public health and human
35services.
-102-1 Sec. 148. Section 135.109, Code 2023, is amended to read as
2follows:
3135.109 Iowa domestic abuse death review team membership.
41. An Iowa domestic abuse death review team is established
5as an independent agency of state government in the department.
62. The department shall provide staffing and administrative
7support to the team.
83. The team shall include the following members:
9a. The state medical examiner or the state medical
10examiner’s designee.
11b. A licensed physician, physician assistant, or nurse who
12is knowledgeable concerning domestic abuse injuries and deaths,
13including suicides.
14c. A licensed mental health professional who is
15knowledgeable concerning domestic abuse.
16d. A representative or designee of the Iowa coalition
17against domestic violence.
18e. A certified or licensed professional who is knowledgeable
19concerning substance abuse use disorder.
20f. A law enforcement official who is knowledgeable
21concerning domestic abuse.
22g. A law enforcement investigator experienced in domestic
23abuse investigation.
24h. An attorney experienced in prosecuting domestic abuse
25cases.
26i. A judicial officer appointed by the chief justice of the
27supreme court.
28j. A clerk of the district court appointed by the chief
29justice of the supreme court.
30k. An employee or subcontractor of the department of
31corrections who is a trained batterers’ education program
32facilitator.
33l. An attorney licensed in this state who provides criminal
34defense assistance or child custody representation, and who has
35experience in dissolution of marriage proceedings.
-103- 1m. Both a female and a male victim of domestic abuse.
2n. A family member of a decedent whose death resulted from
3domestic abuse.
44. The following individuals shall each designate a liaison
5to assist the team in fulfilling the team’s duties:
6a. The attorney general.
7b. The director of the Iowa department of corrections.
8c. The director of public health.
9d. c. The director of health and human services.
10e. d. The commissioner of public safety.
11f. The administrator of the bureau of vital records of the
12Iowa department of public health.
13g. e. The director of the department of education.
14h. f. The state court administrator.
15i. The director of the department of human rights.
16j. g. The director of the state law enforcement academy.
175. a. The director of public health, in consultation with
18the attorney general, shall appoint review team members who are
19not designated by another appointing authority.
20b. A membership vacancy shall be filled in the same manner
21as the original appointment.
22c. The membership of the review team is subject to the
23provisions of sections 69.16 and 69.16A, relating to political
24affiliation and gender balance.
25d. A member of the team may be reappointed to serve
26additional terms on the team, subject to the provisions of
27chapter 69.
286. Membership terms shall be three-year staggered terms.
297. Members of the team are eligible for reimbursement of
30actual and necessary expenses incurred in the performance of
31their official duties.
328. Team members and their agents are immune from any
33liability, civil or criminal, which might otherwise be incurred
34or imposed as a result of any act, omission, proceeding,
35decision, or determination undertaken or performed, or
-104-1recommendation made as a team member or agent provided that the
2team members or agents acted reasonably and in good faith and
3without malice in carrying out their official duties in their
4official capacity. A complainant bears the burden of proof
5in establishing malice or unreasonableness or lack of good
6faith in an action brought against team members involving the
7performance of their duties and powers.
8 Sec. 149. Section 135.118, subsection 1, Code 2023, is
9amended to read as follows:
101. A child protection center grant program is established
11in the Iowa department of public health in accordance with
12this section. The director of public health department shall
13establish requirements for the grant program and shall award
14grants. A grant may be used for establishment of a new center
15or for support of an existing center.
16 Sec. 150. Section 135.118, subsection 2, paragraph d, Code
172023, is amended to read as follows:
18d. As necessary to address serious cases of child abuse such
19as those involving sexual abuse, serious physical abuse, and
20substance abuse use disorder, a grantee must be able to involve
21or consult with persons from various professional disciplines
22who have training and expertise in addressing special types
23of child abuse. These persons may include but are not
24limited to physicians and other health care professionals,
25mental health professionals, social workers, child protection
26workers, attorneys, juvenile court officers, public health
27workers, child development experts, child educators, and child
28advocates.
29 Sec. 151. Section 135.118, subsection 3, Code 2023, is
30amended to read as follows:
313. The director shall create a committee to consider grant
32proposals and to make grant recommendations to the director.
33The committee membership may include but is not limited to
34representatives of the following: departments of health and
35 human services, and justice, and public health, Iowa medical
-105-1society, Iowa hospital association, Iowa nurses association,
2and an association representing social workers.
3 Sec. 152. Section 135.140, Code 2023, is amended to read as
4follows:
5135.140 Definitions.
6As used in this subchapter, unless the context otherwise
7requires:
81. “Bioterrorism” means the intentional use of any
9microorganism, virus, infectious substance, or biological
10product that may be engineered as a result of biotechnology,
11or any naturally occurring or bioengineered component of any
12such microorganism, virus, infectious substance, or biological
13product, to cause death, disease, or other biological
14malfunction in a human, an animal, a plant, or another living
15organism.
162. “Department” means the Iowa department of public health
17and human services.
183. “Director” means the director of public health and human
19services or the director’s designee.
204. “Disaster” means disaster as defined in section 29C.2.
215. “Division” means the division of acute disease prevention
22and emergency response of the department.
236. 5. “Public health disaster” means a state of disaster
24emergency proclaimed by the governor in consultation with the
25department pursuant to section 29C.6 for a disaster which
26specifically involves an imminent threat of an illness or
27health condition that meets any of the following conditions of
28paragraphs “a” and “b”:
29a. Is reasonably believed to be caused by any of the
30following:
31(1) Bioterrorism or other act of terrorism.
32(2) The appearance of a novel or previously controlled or
33eradicated infectious agent or biological toxin.
34(3) A chemical attack or accidental release.
35(4) An intentional or accidental release of radioactive
-106-1material.
2(5) A nuclear or radiological attack or accident.
3(6) A natural occurrence or incident, including but not
4limited to fire, flood, storm, drought, earthquake, tornado,
5or windstorm.
6(7) A man-made occurrence or incident, including but not
7limited to an attack, spill, or explosion.
8b. Poses a high probability of any of the following:
9(1) A large number of deaths in the affected population.
10(2) A large number of serious or long-term disabilities in
11the affected population.
12(3) Widespread exposure to an infectious or toxic agent that
13poses a significant risk of substantial future harm to a large
14number of the affected population.
15(4) Short-term or long-term physical or behavioral health
16consequences to a large number of the affected population.
177. 6. “Public health response team” means a team of
18professionals, including licensed health care providers,
19nonmedical professionals skilled and trained in disaster or
20emergency response, and public health practitioners, which is
21sponsored by a hospital or other entity and approved by the
22department to provide disaster assistance in the event of a
23disaster or threatened disaster.
24 Sec. 153. Section 135.141, Code 2023, is amended to read as
25follows:
26135.141 Division of Department duties related to acute
27disease prevention and emergency response — establishment —
28duties of department.
291. A division of acute disease prevention and emergency
30response is established within the department. The division
31 department shall coordinate the administration of this
32subchapter with other administrative divisions of the
33department and with federal, state, and local agencies and
34officials.
352. The department shall do all of the following:
-107- 1a. Coordinate with the department of homeland security and
2emergency management the administration of emergency planning
3matters which involve the public health, including development,
4administration, and execution of the public health components
5of the comprehensive emergency plan and emergency management
6program pursuant to section 29C.8.
7b. Coordinate with federal, state, and local agencies and
8officials, and private agencies, organizations, companies, and
9persons, the administration of emergency planning, response,
10and recovery matters that involve the public health.
11c. If a public health disaster exists, or if there is
12reasonable cause to believe that a public health disaster is
13imminent, conduct a risk assessment of any present or potential
14danger to the public health from chemical, radiological, or
15other potentially dangerous agents.
16d. For the purpose of paragraph “c”, an employee or agent
17of the department may enter into and examine any premises
18containing potentially dangerous agents with the consent of the
19owner or person in charge of the premises or, if the owner or
20person in charge of the premises refuses admittance, with an
21administrative search warrant obtained under section 808.14.
22Based on findings of the risk assessment and examination of the
23premises, the director may order reasonable safeguards or take
24any other action reasonably necessary to protect the public
25health pursuant to rules adopted to administer this subsection.
26e. Coordinate the location, procurement, storage,
27transportation, maintenance, and distribution of medical
28supplies, drugs, antidotes, and vaccines to prepare for or in
29response to a public health disaster, including receiving,
30distributing, and administering items from the strategic
31national stockpile program of the centers for disease control
32and prevention of the United States department of health and
33human services.
34f. Conduct or coordinate public information activities
35regarding emergency and disaster planning, response, and
-108-1recovery matters that involve the public health.
2g. Apply for and accept grants, gifts, or other funds to be
3used for programs authorized by this subchapter.
4h. Establish and coordinate other programs or activities
5as necessary for the prevention, detection, management, and
6containment of public health disasters, and for the recovery
7from such disasters.
8i. Adopt rules pursuant to chapter 17A for the
9administration of this subchapter including rules adopted in
10cooperation with the Iowa pharmacy association and the Iowa
11hospital association for the development of a surveillance
12system to monitor supplies of drugs, antidotes, and vaccines to
13assist in detecting a potential public health disaster. Prior
14to adoption, the rules shall be approved by the state board of
15health council on health and human services and the director of
16the department of homeland security and emergency management.
17 Sec. 154. Section 135.166, subsection 1, paragraph a, Code
182023, is amended to read as follows:
19a. The department of public health shall enter into a
20memorandum of understanding with the contractor selected
21through a request for proposals process to act as the
22department’s intermediary in collecting, maintaining, and
23disseminating hospital inpatient, outpatient, and ambulatory
24data, as initially authorized in 1996 Iowa Acts, ch.1212, §5,
25subsection 1, paragraph “a”, subparagraph (4), and 641 IAC
26177.3.
27 Sec. 155. Section 135.173A, Code 2023, is amended to read
28as follows:
29135.173A Child care advisory committee.
301. The early childhood stakeholders alliance shall
31establish a state child care advisory committee as part of the
32stakeholders alliance. The advisory committee shall advise
33and make recommendations to the governor, general assembly,
34department of human services, and other state agencies
35concerning child care.
-109- 12. The membership of the advisory committee shall consist of
2a broad spectrum of parents and other persons from across the
3state with an interest in or involvement with child care.
43. Except as otherwise provided, the voting members of
5the advisory committee shall be appointed by the stakeholders
6alliance from a list of names submitted by a nominating
7committee to consist of one member of the advisory committee,
8one member of the department of human services’ department’s
9 child care staff, three consumers of child care, and one member
10of a professional child care organization. Two names shall be
11submitted for each appointment. The voting members shall be
12appointed for terms of three years.
134. The voting membership of the advisory committee shall be
14appointed in a manner so as to provide equitable representation
15of persons with an interest in child care and shall include all
16of the following:
17a. Two parents of children served by a registered child
18development home.
19b. Two parents of children served by a licensed center.
20c. Two not-for-profit child care providers.
21d. Two for-profit child care providers.
22e. One child care home provider.
23f. Three child development home providers.
24g. One child care resource and referral service grantee.
25h. One nongovernmental child advocacy group representative.
26i. One designee of the department of human services.
27j. One designee of the Iowa department of public health.
28k. j. One designee of the department of education.
29l. k. One head start program provider.
30m. l. One person who is a business owner or executive
31officer from nominees submitted by the Iowa chamber of commerce
32executives.
33n. One designee of the early childhood Iowa office of the
34department of management.
35o. m. One person who is a member of the Iowa afterschool
-110-1alliance.
2p. n. One person who is part of a local program
3implementing the statewide preschool program for four-year-old
4children under chapter 256C.
5q. o. One person who represents the early childhood
6stakeholders alliance.
75. In addition to the voting members of the advisory
8committee, the membership shall include four legislators as
9ex officio, nonvoting members. The four legislators shall
10be appointed one each by the majority leader of the senate,
11the minority leader of the senate, the speaker of the house
12of representatives, and the minority leader of the house of
13representatives for terms as provided in section 69.16B.
146. In fulfilling the advisory committee’s role, the
15committee shall do all of the following:
16a. Consult with the department of human services and make
17recommendations concerning policy issues relating to child
18care.
19b. Advise the department of human services concerning
20services relating to child care, including but not limited to
21any of the following:
22(1) Resource and referral services.
23(2) Provider training.
24(3) Quality improvement.
25(4) Public-private partnerships.
26(5) Standards review and development.
27(6) The federal child care and development block grant,
28state funding, grants, and other funding sources for child
29care.
30c. Assist the department of human services in developing an
31implementation plan to provide seamless service to recipients
32of public assistance, which includes child care services.
33For the purposes of this subsection, “seamless service”
34means coordination, where possible, of the federal and state
35requirements which apply to child care.
-111- 1d. Advise and provide technical services to the director of
2the department of education or the director’s designee relating
3to prekindergarten, kindergarten, and before and after school
4programming and facilities.
5e. Make recommendations concerning child care expansion
6programs that meet the needs of children attending a core
7education program by providing child care before and after the
8core program hours and during times when the core program does
9not operate.
10f. Make recommendations for improving collaborations
11between the child care programs involving the department of
12human services and programs supporting the education and
13development of young children including but not limited to the
14federal head start program; the statewide preschool program for
15four-year-old children; and the early childhood, at-risk, and
16other early education programs administered by the department
17of education.
18g. Make recommendations for eliminating duplication and
19otherwise improving the eligibility determination processes
20used for the state child care assistance program and other
21programs supporting low-income families, including but not
22limited to the federal head start, early head start, and even
23start programs; the early childhood, at-risk, and preschool
24programs administered by the department of education; the
25family and self-sufficiency grant program; and the family
26investment program.
27h. Make recommendations as to the most effective and
28efficient means of managing the state and federal funding
29available for the state child care assistance program.
30i. Review program data from the department of human services
31 and other departments concerning child care as deemed to be
32necessary by the advisory committee, although a department
33shall not provide personally identifiable data or information.
34j. Advise and assist the early childhood stakeholders
35alliance in developing the strategic plan required pursuant to
-112-1section 256I.4, subsection 4.
27. The department of human services shall provide
3information to the advisory committee semiannually on all of
4the following:
5a. Federal, state, local, and private revenues and
6expenditures for child care including but not limited to
7updates on the current and future status of the revenues and
8expenditures.
9b. Financial information and data relating to regulation of
10child care by the department of human services and the usage of
11the state child care assistance program.
12c. Utilization and availability data relating to child care
13regulation, quantity, and quality from consumer and provider
14perspectives.
15d. Statistical and demographic data regarding child care
16providers and the families utilizing child care.
17e. Statistical data regarding the processing time for
18issuing notices of decision to state child care assistance
19applicants and for issuing payments to child care providers.
208. The advisory committee shall coordinate with the early
21childhood stakeholders alliance its reporting annually in
22December to the governor and general assembly concerning the
23status of child care in the state, providing findings, and
24making recommendations. The annual report may be personally
25presented to the general assembly’s standing committees on
26health and human resources services by a representative of the
27advisory committee.
28 Sec. 156. Section 135.175, subsection 6, paragraphs b and c,
29Code 2023, are amended to read as follows:
30b. State programs that may receive funding from the fund
31and the accounts in the fund, if specifically designated for
32the purpose of drawing down federal funding, are the primary
33care recruitment and retention endeavor (PRIMECARRE), the Iowa
34affiliate of the national rural recruitment and retention
35network, the oral and health delivery systems bureau dental
-113-1program of the department, the primary care office and
2shortage designation program, and the state office of rural
3health, administered through the oral and health delivery
4systems bureau of the department of public health; any entity
5identified by the federal government entity through which
6federal funding for a specified health care workforce shortage
7initiative is received; and a program developed in accordance
8with the strategic plan developed by the department of public
9health in accordance with section 135.163.
10c. Any federal funding received for the purposes of
11addressing state health care workforce shortages shall be
12deposited in the health care workforce shortage national
13initiatives account, unless otherwise specified by the source
14of the funds, and shall be used as required by the source of
15the funds. If use of the federal funding is not designated,
16the funds shall be used in accordance with the strategic plan
17developed by the department of public health in accordance with
18section 135.163, or to address workforce shortages as otherwise
19designated by the department of public health. Other sources
20of funding shall be deposited in the fund or account and used
21as specified by the source of the funding.
22 Sec. 157. Section 135.185, subsection 6, Code 2023, is
23amended to read as follows:
246. The department of public health, the board of medicine,
25the board of nursing, and the board of pharmacy shall adopt
26rules pursuant to chapter 17A to implement and administer this
27section, including but not limited to standards and procedures
28for the prescription, distribution, storage, replacement, and
29administration of epinephrine auto-injectors, and for training
30and authorization to be required for personnel authorized to
31administer epinephrine.
32 Sec. 158. Section 135.190, subsection 1, paragraph d, Code
332023, is amended to read as follows:
34d. “Person in a position to assist” means a family member,
35friend, caregiver, health care provider, employee of a
-114-1substance abuse use disorder treatment facility, school
2employee, or other person who may be in a place to render aid to
3a person at risk of experiencing an opioid-related overdose.
4 Sec. 159. Section 135.190A, subsection 6, Code 2023, is
5amended to read as follows:
66. The department shall submit a report to the
7co-chairpersons and ranking members of the joint appropriations
8subcommittee on the justice system and to the legislative
9services agency general assembly on or before December 31
10of each year which shall contain a list of deposits and
11expenditures from the fund for the prior fiscal year and the
12amount of carryover funds, if any, to be distributed in the
13next fiscal year.
14 Sec. 160. Section 135A.2, subsections 2 and 4, Code 2023,
15are amended to read as follows:
162. “Department” means the department of public health and
17human services.
184. “Governmental public health system” means local boards
19of health, the state board of council on health and human
20services, designated local public health agencies, the state
21hygienic laboratory, and the department.
22 Sec. 161. Section 135A.8, subsection 4, Code 2023, is
23amended to read as follows:
244. A local board of health seeking matching funds or grants
25under this section shall apply to the department. The state
26board of council on health and human services shall adopt rules
27concerning the application and award process for the allocation
28of moneys in the fund and shall establish the criteria for the
29allocation of moneys in the fund if the moneys are insufficient
30to meet the needs of local boards of health.
31 Sec. 162. Section 135A.9, unnumbered paragraph 1, Code
322023, is amended to read as follows:
33The state board of council on health and human services shall
34adopt rules pursuant to chapter 17A to implement this chapter
35which shall include but are not limited to the following:
-115-1 Sec. 163. Section 135B.7, subsection 1, paragraph a, Code
22023, is amended to read as follows:
3a. The department, with the approval of the state board of
4 council on health and human services, shall adopt rules setting
5out the standards for the different types of hospitals to be
6licensed under this chapter. The department shall enforce the
7rules.
8 Sec. 164. Section 135B.9, subsection 2, Code 2023, is
9amended to read as follows:
102. In the state resource centers and state mental health
11institutes operated by the department of health and human
12services, the designated protection and advocacy agency as
13provided in section 135C.2, subsection 4, shall have the
14authority to investigate all complaints of abuse and neglect
15of persons with developmental disabilities or mental illnesses
16if the complaints are reported to the protection and advocacy
17agency or if there is probable cause to believe that the abuse
18has occurred. Such authority shall include the examination of
19all records pertaining to the care provided to the residents
20and contact or interview with any resident, employee, or any
21other person who might have knowledge about the operation of
22the institution.
23 Sec. 165. Section 135B.33, subsection 1, unnumbered
24paragraph 1, Code 2023, is amended to read as follows:
25Subject to availability of funds, the Iowa department of
26public health and human services shall provide technical
27planning assistance to local boards of health and hospital
28governing boards to ensure access to hospital services in
29rural areas. The department shall encourage the local boards
30of health and hospital governing boards to adopt a long-term
31community health services and developmental plan including the
32following:
33 Sec. 166. Section 135B.34, Code 2023, is amended to read as
34follows:
35135B.34 Hospital employees — criminal history and abuse
-116-1record checks — penalty.
21. a. Prior to employment of a person in a hospital, the
3hospital shall do one of the following:
4(1) Request that the department of public safety perform a
5criminal history check and the record check evaluation system
6of the department of health and human services perform child
7and dependent adult abuse record checks of the person in this
8state.
9(2) Access the single contact repository to perform the
10required record checks.
11b. (1) If a hospital accesses the single contact repository
12to perform the required record checks pursuant to paragraph
13“a”, the hospital may utilize a third-party vendor to perform a
14comprehensive preliminary background check and provisionally
15employ a person being considered for employment pending
16completion of the required record checks through the single
17contact repository and the evaluation by the department of
18human services record check evaluation system, as applicable,
19subject to all of the following:
20(a) If the comprehensive preliminary background check
21determines that the person being considered for employment has
22been convicted of a crime, but the crime does not constitute a
23felony as defined in section 701.7 and is not a crime specified
24pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or
25712, or pursuant to section 726.3, 726.27, or 726.28.
26(b) If the comprehensive preliminary background check
27determines the person being considered for employment does not
28have a record of founded child abuse or dependent adult abuse
29or if an exception pursuant to subsection 4 is applicable to
30the person.
31(c) If the hospital has requested an evaluation in
32accordance with subsection 2, paragraph “a”, to determine
33whether the crime warrants prohibition of the person’s
34employment in the hospital.
35(2) The provisional employment under this paragraph “b”
-117-1may continue until such time as the required record checks
2through the single contact repository and the evaluation by the
3department of human services record check evaluation system,
4as applicable, are completed.
5c. A hospital shall inform all persons prior to employment
6regarding the performance of the record checks and shall
7obtain, from the persons, a signed acknowledgment of the
8receipt of the information. A hospital shall include the
9following inquiry in an application for employment:
10Do you have a record of founded child or dependent adult abuse
11or have you ever been convicted of a crime, in this state or any
12other state?
132. a. If it is determined that a person being considered
14for employment in a hospital has committed a crime, the
15department of public safety shall notify the hospital that upon
16the request of the hospital the department of human services
17 record check evaluation system will perform an evaluation
18to determine whether the crime warrants prohibition of the
19person’s employment in the hospital.
20b. (1) If a person being considered for employment, other
21than employment involving the operation of a motor vehicle, has
22been convicted of a crime listed in subparagraph (2) but does
23not have a record of founded child or dependent adult abuse
24and the hospital has requested an evaluation in accordance
25with paragraph “a” to determine whether the crime warrants
26prohibition of the person’s employment, the hospital may employ
27the person for not more than sixty calendar days pending
28completion of the evaluation.
29(2) Subparagraph (1) applies to a crime that is a simple
30misdemeanor offense under section 123.47, and to a crime
31that is a first offense of operating a motor vehicle while
32intoxicated under section 321J.2, subsection 1.
33c. If a department of human services record check evaluation
34system child or dependent adult abuse record check shows that
35the person has a record of founded child or dependent adult
-118-1abuse, the department of human services record check evaluation
2system shall notify the hospital that upon the request of
3the hospital the department of human services record check
4evaluation system will perform an evaluation to determine
5whether the founded child or dependent adult abuse warrants
6prohibition of the person’s employment in the hospital.
7d. An evaluation performed under this subsection shall
8be performed in accordance with procedures adopted for this
9purpose by the department of health and human services.
10e. (1) If a person owns or operates more than one hospital,
11and an employee of one of such hospitals is transferred to
12another such hospital without a lapse in employment, the
13hospital is not required to request additional criminal and
14child and dependent adult abuse record checks of that employee.
15(2) If the ownership of a hospital is transferred, at the
16time of transfer the record checks required by this section
17shall be performed for each employee for whom there is no
18documentation that such record checks have been performed.
19The hospital may continue to employ such employee pending the
20performance of the record checks and any related evaluation.
213. In an evaluation, the department of human services
22 record check evaluation system shall consider the nature and
23seriousness of the crime or founded child or dependent adult
24abuse in relation to the position sought or held, the time
25elapsed since the commission of the crime or founded child
26or dependent adult abuse, the circumstances under which the
27crime or founded child or dependent adult abuse was committed,
28the degree of rehabilitation, the likelihood that the person
29will commit the crime or founded child or dependent adult
30abuse again, and the number of crimes or founded child or
31dependent adult abuses committed by the person involved. If
32the department of human services record check evaluation system
33 performs an evaluation for the purposes of this section, the
34department of human services record check evaluation system
35 has final authority in determining whether prohibition of the
-119-1person’s employment is warranted.
24. a. Except as provided in subsection 1, paragraph “b”,
3subsection 2, and paragraph “b” of this subsection, a person
4who has committed a crime or has a record of founded child
5or dependent adult abuse shall not be employed in a hospital
6licensed under this chapter unless an evaluation has been
7performed by the department of human services record check
8evaluation system.
9b. A person with a criminal or abuse record who is or was
10employed by a hospital licensed under this chapter and is hired
11by another hospital 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 hospital in accordance with the
21department of human services’ record check evaluation system’s
22 evaluation and an exemption from the requirements in paragraph
23“a” for reevaluation of the latest record checks is authorized.
24Otherwise, the requirements of paragraph “a” remain applicable
25to the person’s employment. Authorization of an exemption
26under this paragraph “b” from requirements for reevaluation of
27the latest record checks by the department of human services
28 record check evaluation system is subject to all of the
29following 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
-120-1person’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 lettered paragraph “b”
10may be authorized, the subsequent employer may instead request
11a reevaluation of the record checks and may employ the person
12while the reevaluation is being performed.
135. a. If a person employed by a hospital that is subject
14to this section is convicted of a crime or has a record of
15founded child or dependent adult abuse entered in the abuse
16registry after the person’s employment application date, the
17person shall inform the hospital of such information within
18forty-eight hours of the criminal conviction or entry of the
19record of founded child or dependent adult abuse. The hospital
20shall act to verify the information within seven calendar
21days of notification. If the information is verified, the
22requirements of subsections 2, 3, and 4 regarding employability
23and evaluations shall be applied by the hospital to determine
24whether or not the person’s employment is continued. The
25hospital may continue to employ the person pending the
26performance of an evaluation by the department of human
27services record check evaluation system to determine whether
28prohibition of the person’s employment is warranted. A person
29who is required by this subsection to inform the person’s
30employer of a conviction or entry of an abuse record and
31fails to do so within the required period commits a serious
32misdemeanor.
33b. If a hospital receives credible information, as
34determined by the hospital, that a person employed by the
35hospital has been convicted of a crime or a record of founded
-121-1child or dependent adult abuse has been entered in the
2abuse registry after employment from a person other than the
3employee and the employee has not informed the hospital of such
4information within the period required under paragraph “a”, the
5hospital shall act to verify the credible information within
6seven calendar days of receipt of the credible information. If
7the information is verified, the requirements of subsections
82, 3, and 4 regarding employability and evaluations shall
9be applied by the hospital to determine whether or not the
10person’s employment is continued.
11c. The hospital may notify the county attorney for the
12county where the hospital is located of any violation or
13failure by an employee to notify the hospital of a criminal
14conviction or entry of an abuse record within the period
15required under paragraph “a”.
166. A hospital licensed in this state may access the single
17contact repository established by the department pursuant to
18section 135C.33 as necessary for the hospital to perform record
19checks of persons employed or being considered for employment
20by the hospital.
217. For the purposes of this section, “comprehensive
22preliminary background check” means and “record check evaluation
23system” mean the same as defined in section 135C.1.
24 Sec. 167. Section 135C.1, subsection 20, Code 2023, is
25amended to read as follows:
2620. “Residential care facility” means any institution,
27place, building, or agency providing for a period exceeding
28twenty-four consecutive hours accommodation, board, personal
29assistance and other essential daily living activities to
30three or more individuals, not related to the administrator or
31owner thereof within the third degree of consanguinity, who by
32reason of illness, disease, or physical or mental infirmity
33are unable to sufficiently or properly care for themselves but
34who do not require the services of a registered or licensed
35practical nurse except on an emergency basis or who by reason
-122-1of illness, disease, or physical or mental infirmity are unable
2to sufficiently or properly care for themselves but who do not
3require the services of a registered or licensed practical
4nurse except on an emergency basis if home and community-based
5services, other than nursing care, as defined by this chapter
6and departmental rule, are provided. For the purposes of
7this definition, the home and community-based services to be
8provided are limited to the type included under the medical
9assistance program provided pursuant to chapter 249A, are
10subject to cost limitations established by the department
11of health and human services under the medical assistance
12program, and except as otherwise provided by the department of
13inspections and appeals with the concurrence of the department
14of health and human services, are limited in capacity to the
15number of licensed residential care facilities and the number
16of licensed residential care facility beds in the state as of
17December 1, 2003.
18 Sec. 168. Section 135C.1, Code 2023, is amended by adding
19the following new subsection:
20 NEW SUBSECTION. 18A. “Record check evaluation system” means
21the record check evaluation system of the department of health
22and human services used to perform child and dependent adult
23abuse record checks and to evaluate criminal history and abuse
24records.
25 Sec. 169. Section 135C.4, subsection 3, Code 2023, is
26amended to read as follows:
273. For the purposes of this section, the home and
28community-based services to be provided shall be limited
29to the type included under the medical assistance program
30provided pursuant to chapter 249A, shall be subject to cost
31limitations established by the department of health and human
32services under the medical assistance program, and except
33as otherwise provided by the department of inspections and
34appeals with the concurrence of the department of health and
35 human services, shall be limited in capacity to the number of
-123-1licensed residential care facilities and the number of licensed
2residential care facility beds in the state as of December 1,
32003.
4 Sec. 170. Section 135C.6, subsections 8 and 9, Code 2023,
5are amended to read as follows:
68. The following residential programs to which the
7department of health and human services applies accreditation,
8certification, or standards of review shall not be required to
9be licensed as a health care facility under this chapter:
10a. Residential programs providing care to not more than four
11individuals and receiving moneys appropriated to the department
12of health and human services under provisions of a federally
13approved home and community-based services waiver for persons
14with an intellectual disability or other medical assistance
15program under chapter 249A. In approving a residential
16program under this paragraph, the department of health and
17 human services shall consider the geographic location of the
18program so as to avoid an overconcentration of such programs
19in an area. In order to be approved under this paragraph,
20a residential program shall not be required to involve the
21conversion of a licensed residential care facility for persons
22with an intellectual disability.
23b. Not more than forty residential care facilities for
24persons with an intellectual disability that are licensed to
25serve not more than five individuals may be authorized by the
26department of health and human services to convert to operation
27as a residential program under the provisions of a medical
28assistance home and community-based services waiver for persons
29with an intellectual disability. A converted residential
30program operating under this paragraph is subject to the
31conditions stated in paragraph “a” except that the program shall
32not serve more than five individuals.
33c. A residential program approved by the department of
34health and human services pursuant to this paragraph “c” to
35receive moneys appropriated to the department of health and
-124-1 human services under provisions of a federally approved home
2and community-based services habilitation or waiver program may
3provide care to not more than five individuals. The department
4shall approve a residential program under this paragraph that
5complies with all of the following conditions:
6(1) Approval of the program will not result in an
7overconcentration of such programs in an area.
8(2) The county in which the residential program is located
9submits to the department of health and human services a letter
10of support for approval of the program.
11(3) The county in which the residential program is located
12provides to the department of health and human services
13verification in writing that the program is needed to address
14one or more of the following:
15(a) The quantity of services currently available in the
16county is insufficient to meet the need.
17(b) The quantity of affordable rental housing in the county
18is insufficient.
19(c) Implementation of the program will cause a reduction in
20the size or quantity of larger congregate programs.
219. Contingent upon the department of health and human
22services receiving federal approval, a residential program
23which serves not more than eight individuals and is licensed as
24an intermediate care facility for persons with an intellectual
25disability may surrender the facility license and continue
26to operate under a federally approved medical assistance
27home and community-based services waiver for persons with an
28intellectual disability, if the department of health and human
29services has approved a plan submitted by the residential
30program.
31 Sec. 171. Section 135C.14, unnumbered paragraph 1, Code
322023, is amended to read as follows:
33The department shall, in accordance with chapter 17A and
34with the approval of the state board of council on health
35and human services, adopt and enforce rules setting minimum
-125-1standards for health care facilities. In so doing, the
2department, with the approval of the state board of council
3on health and human services, may adopt by reference, with
4or without amendment, nationally recognized standards and
5rules, which shall be specified by title and edition, date
6of publication, or similar information. The rules and
7standards required by this section shall be formulated in
8consultation with the director of health and human services or
9the director’s designee, with the state fire marshal, and with
10affected industry, professional, and consumer groups, and shall
11be designed to further the accomplishment of the purposes of
12this chapter and shall relate to:
13 Sec. 172. Section 135C.16, subsection 3, Code 2023, is
14amended to read as follows:
153. An authorized representative of the department may
16enter any licensed health care facility without a warrant,
17and may examine all records pertaining to the care provided
18residents of the facility. An authorized representative of the
19department may contact or interview any resident, employee, or
20any other person who might have knowledge about the operation
21of a health care facility. An authorized representative of the
22department of health and human services shall have the same
23right with respect to any facility where one or more residents
24are cared for entirely or partially at public expense, and an
25authorized representative of the designated protection and
26advocacy agency shall have the same right with respect to
27any facility where one or more residents have developmental
28disabilities or mental illnesses, and the state fire marshal
29or a deputy appointed pursuant to section 135C.9, subsection
301, paragraph “b”, shall have the same right of entry into any
31facility and the right to inspect any records pertinent to
32fire safety practices and conditions within that facility, and
33an authorized representative of the office of long-term care
34ombudsman shall have the same right with respect to any nursing
35facility or residential care facility. If any such authorized
-126-1representative has probable cause to believe that any
2institution, building, or agency not licensed as a health care
3facility is in fact a health care facility as defined by this
4chapter, and upon producing identification that the individual
5is an authorized representative is denied entry thereto to
6the facility for the purpose of making an inspection, the
7authorized representative may, with the assistance of the
8county attorney of the county in which the purported health
9care facility is located, apply to the district court for an
10order requiring the owner or occupant to permit entry and
11inspection of the premises to determine whether there have been
12any violations of this chapter.
13 Sec. 173. Section 135C.17, Code 2023, is amended to read as
14follows:
15135C.17 Duties of other departments.
16It shall be the duty of the department of health and
17 human services, state fire marshal, office of long-term care
18ombudsman, and the officers and agents of other state and local
19governmental units, and the designated protection and advocacy
20agency to assist the department in carrying out the provisions
21of this chapter, insofar as the functions of these respective
22offices and departments are concerned with the health, welfare,
23and safety of any resident of any health care facility. It
24shall be the duty of the department to cooperate with the
25protection and advocacy agency and the office of long-term
26care ombudsman by responding to all reasonable requests for
27assistance and information as required by federal law and this
28chapter.
29 Sec. 174. Section 135C.19, subsection 2, paragraph b, Code
302023, is amended to read as follows:
31b. A copy of each citation required to be posted by this
32subsection shall be sent by the department to the department
33of health and human services, to the designated protection
34and advocacy agency if the facility has one or more residents
35with developmental disabilities or mental illness, and to the
-127-1office of long-term care ombudsman if the facility is a nursing
2facility or residential care facility.
3 Sec. 175. Section 135C.19, subsection 3, Code 2023, is
4amended to read as follows:
53. If the facility cited subsequently advises the
6department of health and human services that the violation
7has been corrected to the satisfaction of the department of
8inspections and appeals, the department of health and human
9services shall maintain this advisory in the same file with
10the copy of the citation. The department of health and human
11services shall not disseminate to the public any information
12regarding citations issued by the department of inspections and
13appeals, but shall forward or refer inquiries to the department
14of inspections and appeals.
15 Sec. 176. Section 135C.20A, subsection 2, Code 2023, is
16amended to read as follows:
172. The report card form shall be developed by the department
18in cooperation with representatives of the department on
19aging of health and human services, the state long-term care
20ombudsman, representatives of certified volunteer long-term
21care ombudsmen, representatives of protection and advocacy
22entities, consumers, and other interested persons.
23 Sec. 177. Section 135C.22, Code 2023, is amended to read as
24follows:
25135C.22 Applicable to governmental units.
26The provisions of this chapter shall be applicable to
27institutions operated by or under the control of the department
28of health and human services, the state board of regents, or
29any other governmental unit.
30 Sec. 178. Section 135C.31A, Code 2023, is amended to read
31as follows:
32135C.31A Assessment of residents — program eligibility —
33prescription drug coverage.
341. A health care facility shall assist the Iowa department
35of veterans affairs in identifying, upon admission of a
-128-1resident, the resident’s eligibility for benefits through the
2United States department of veterans affairs. The department
3of inspections and appeals, in cooperation with the department
4of health and human services, shall adopt rules to administer
5this section, including a provision that ensures that if a
6resident is eligible for benefits through the United States
7department of veterans affairs or other third-party payor,
8the payor of last resort for reimbursement to the health care
9facility is the medical assistance program. The rules shall
10also require the health care facility to request information
11from a resident or resident’s personal representative regarding
12the resident’s veteran status and to report to the Iowa
13department of veterans affairs only the names of residents
14identified as potential veterans along with the names of their
15spouses and any dependents. Information reported by the
16health care facility shall be verified by the Iowa department
17of veterans affairs. This section shall not apply to the
18admission of an individual to a state mental health institute
19for acute psychiatric care or to the admission of an individual
20to the Iowa veterans home.
212. a. If a resident is identified, upon admission to a
22health care facility, as eligible for benefits through the
23United States department of veterans affairs pursuant to
24subsection 1 or through other means, the health care facility
25shall allow the resident to access any prescription drug
26benefit included in such benefits for which the resident is
27also eligible. The health care facility shall also assist the
28Iowa department of veterans affairs in identifying individuals
29residing in such health care facilities on July 1, 2009, who
30are eligible for the prescription drug benefit.
31b. The department of inspections and appeals, the department
32of veterans affairs, and the department of health and human
33services shall identify any barriers to residents in accessing
34such prescription drug benefits and shall assist health
35care facilities in adjusting their procedures for medication
-129-1administration to comply with this subsection.
2 Sec. 179. Section 135C.33, Code 2023, is amended to read as
3follows:
4135C.33 Employees and certified nurse aide trainees — child
5or dependent adult abuse information and criminal record check
6options — evaluations — application to other providers —
7penalty.
81. a. For the purposes of this section, the term “crime”
9does not include offenses under chapter 321 classified as a
10simple misdemeanor or equivalent simple misdemeanor offenses
11from another jurisdiction.
12b. Prior to employment of a person in a facility or with a
13provider as specified in subsection 5, the facility or provider
14shall do one of the following:
15(1) Request that the department of public safety perform a
16criminal history check and the record check evaluation system
17of the department of health and human services perform child
18and dependent adult abuse record checks of the person in this
19state.
20(2) Access the single contact repository to perform the
21required record checks.
22c. (1) If a facility or a provider as specified in
23subsection 5 accesses the single contact repository to perform
24the required record checks pursuant to paragraph “b”, the
25facility or provider may utilize a third-party vendor to
26perform a comprehensive preliminary background check and
27provisionally employ a person being considered for employment
28pending completion of the required record checks through
29the single contact repository and the evaluation by the
30department of human services record check evaluation system, as
31applicable, subject to all of the following:
32(a) If the comprehensive preliminary background check
33determines that the person being considered for employment has
34been convicted of a crime, but the crime does not constitute a
35felony as defined in section 701.7 and is not a crime specified
-130-1pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or
2712, or pursuant to section 726.3, 726.27, or 726.28.
3(b) If the comprehensive preliminary background check
4determines the person being considered for employment does not
5have a record of founded child abuse or dependent adult abuse
6or if an exception pursuant to subsection 4 is applicable to
7the person.
8(c) If the facility or provider has requested an evaluation
9in accordance with subsection 2, paragraph “a”, to determine
10whether the crime warrants prohibition of the person’s
11employment in the facility or with the provider.
12(2) The provisional employment under this paragraph “c”
13may continue until such time as the required record checks
14through the single contact repository and the evaluation by the
15department of human services record check evaluation system,
16as applicable, are completed.
17d. A facility or provider shall inform all persons prior
18to employment regarding the performance of the record checks
19and shall obtain, from the persons, a signed acknowledgment of
20the receipt of the information. A facility or provider 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 other than a simple
24misdemeanor offense relating to motor vehicles and laws of the
25road under chapter 321 or equivalent provisions, in this state
26or any other state?
272. a. If it is determined that a person being considered
28for employment in a facility or with a provider has been
29convicted of a crime under a law of any state, the department
30of public safety shall notify the facility or provider that
31upon the request of the facility or provider the department of
32human services record check evaluation system will perform an
33evaluation to determine whether the crime warrants prohibition
34of the person’s employment in the facility or with the
35provider.
-131- 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 facility or provider has requested an evaluation in
6accordance with paragraph “a” to determine whether the crime
7warrants prohibition of the person’s employment, the facility
8or provider may employ the person for not more than sixty
9calendar days pending completion 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
16that such person has a record of founded child or dependent
17adult abuse, the department of human services record check
18evaluation system shall notify the facility or provider that
19upon the request of the facility or provider the department of
20human services record check evaluation system will perform an
21evaluation to determine whether the founded child or dependent
22adult abuse warrants prohibition of employment in the facility
23or with the provider.
24d. An evaluation performed under this subsection shall
25be performed in accordance with procedures adopted for this
26purpose by the department of health and human services.
27e. (1) If a person owns or operates more than one facility
28or a provider owns or operates more than one location, and
29an employee of one of such facilities or provider locations
30is transferred to another such facility or provider location
31without a lapse in employment, the facility or provider is not
32required to request additional criminal and child and dependent
33adult abuse record checks of that employee.
34(2) If the ownership of a facility or provider is
35transferred, at the time of transfer the record checks required
-132-1by this section shall be performed for each employee for whom
2there is no documentation that such record checks have been
3performed. The facility or provider may continue to employ
4such employee pending the performance of the record checks and
5any related evaluation.
63. In an evaluation, the department of human services
7 record check evaluation system shall consider the nature and
8seriousness of the crime or founded child or dependent adult
9abuse in relation to the position sought or held, the time
10elapsed since the commission of the crime or founded child
11or dependent adult abuse, the circumstances under which the
12crime or founded child or dependent adult abuse was committed,
13the degree of rehabilitation, the likelihood that the person
14will commit the crime or founded child or dependent adult
15abuse again, and the number of crimes or founded child or
16dependent adult abuses committed by the person involved. If
17the department of human services record check evaluation system
18 performs an evaluation for the purposes of this section, the
19department of human services record check evaluation system
20 has final authority in determining whether prohibition of the
21person’s employment is warranted.
224. a. Except as provided in subsection 1, paragraph “c”,
23subsection 2, and paragraph “b” of this subsection, a person
24who has committed a crime or has a record of founded child or
25dependent adult abuse shall not be employed in a facility or
26with a provider unless an evaluation has been performed by the
27department of human services record check evaluation system.
28b. A person with a criminal or abuse record who is or was
29employed by a facility or provider and is hired by another
30facility or provider shall be subject to the criminal history
31and abuse record checks required pursuant to subsection 1.
32However, if an evaluation was previously performed by the
33department of human services record check evaluation system
34 concerning the person’s criminal or abuse record and it was
35determined that the record did not warrant prohibition of
-133-1the person’s employment and the latest record checks do not
2indicate a crime was committed or founded abuse record was
3entered subsequent to that evaluation, the person may commence
4employment with the other facility or provider in accordance
5with the department of human services’ record check evaluation
6system’s evaluation and an exemption from the requirements in
7paragraph “a” for reevaluation of the latest record checks
8is authorized. Otherwise, the requirements of paragraph “a”
9remain applicable to the person’s employment. Authorization
10of an exemption under this paragraph “b” from requirements for
11reevaluation of the latest record checks by the department of
12human services record check evaluation system is subject to all
13of the following provisions:
14(1) The position with the subsequent employer is
15substantially the same or has the same job responsibilities as
16the position for which the previous evaluation was performed.
17(2) Any restrictions placed on the person’s employment in
18the previous evaluation by the department of human services
19 record check evaluation system shall remain applicable in the
20person’s subsequent employment.
21(3) The person subject to the record checks has maintained a
22copy of the previous evaluation and provides the evaluation to
23the subsequent employer or the previous employer provides the
24previous evaluation from the person’s personnel file pursuant
25to the person’s authorization. If a physical copy of the
26previous evaluation is not provided to the subsequent employer,
27the record checks shall be reevaluated.
28(4) Although an exemption under this paragraph “b” may
29be authorized, the subsequent employer may instead request a
30reevaluation of the record checks and may employ the person
31while the reevaluation is being performed.
325. a. This section shall also apply to prospective
33employees of all of the following, if the provider is regulated
34by the state or receives any state or federal funding:
35(1) An employee of a homemaker-home health aide, home care
-134-1aide, adult day services, or other provider of in-home services
2if the employee provides direct services to consumers.
3(2) An employee of a hospice, if the employee provides
4direct services to consumers.
5(3) An employee who provides direct services to consumers
6under a federal home and community-based services waiver.
7(4) An employee of an elder group home certified under
8chapter 231B, if the employee provides direct services to
9consumers.
10(5) An employee of an assisted living program certified
11under chapter 231C, if the employee provides direct services
12to consumers.
13b. In substantial conformance with the provisions of this
14section, including the provision authorizing provisional
15employment following completion of a comprehensive preliminary
16background check, prior to the employment of such an employee,
17the provider shall request the performance of the criminal
18and child and dependent adult abuse record checks. The
19provider shall inform the prospective employee and obtain the
20prospective employee’s signed acknowledgment. The department
21of human services record check evaluation system shall perform
22the evaluation of any criminal record or founded child or
23dependent adult abuse record and shall make the determination
24of whether a prospective employee of a provider shall not be
25employed by the provider.
266. a. This section shall also apply to an employee of
27a temporary staffing agency that provides staffing for a
28facility, service, program, or other provider regulated by this
29section if the employee provides direct services to consumers.
30b. In substantial conformance with the provisions of this
31section, including the provision authorizing provisional
32employment following completion of a comprehensive preliminary
33background check, prior to the employment of such an employee,
34the temporary staffing agency shall request the performance of
35the criminal and child and dependent adult abuse record checks.
-135-1The temporary staffing agency shall inform the prospective
2employee and obtain the prospective employee’s signed
3acknowledgment. The department of human services record check
4evaluation system shall perform the evaluation of any criminal
5record or founded child or dependent adult abuse record
6and shall make the determination of whether a prospective
7employee of a temporary staffing agency shall not be employed
8by the assisted living program as defined in section 231C.2,
9the Medicare certified home health agency, or the facility,
10service, program, or other provider regulated by this section.
11c. If a person employed by a temporary staffing agency that
12is subject to this section is convicted of a crime or has a
13record of founded child or dependent adult abuse entered in the
14abuse registry after the person’s employment application date,
15the person shall inform the temporary staffing agency within
16forty-eight hours and the temporary staffing agency shall
17inform the facility, service, program, or other provider within
18two hours.
19d. If a temporary staffing agency fails to comply with the
20requirements of this section, the temporary staffing agency
21shall be liable to the facility, service, program, or other
22provider for any actual damages, including civil penalties, and
23reasonable attorney fees.
24e. This section shall not apply to employees employed by a
25temporary staffing agency for a position that does not provide
26direct services to consumers.
277. a. The department of inspections and appeals, in
28conjunction with other departments and agencies of state
29government involved with criminal history and abuse registry
30information, shall establish a single contact repository for
31facilities and other providers to have electronic access to
32data to perform background checks for purposes of employment,
33as required of the facilities and other providers under this
34section.
35b. The department may access the single contact repository
-136-1for any of the following purposes:
2(1) To verify data transferred from the department’s nurse
3aide registry to the repository.
4(2) To conduct record checks of applicants for employment
5with the department.
68. a. If a person employed by a facility, service, or
7program employer that is subject to this section is convicted
8of a crime or has a record of founded child or dependent
9adult abuse entered in the abuse registry after the person’s
10employment application date, the person shall inform the
11employer of such information within forty-eight hours of the
12criminal conviction or entry of the record of founded child or
13dependent adult abuse. The employer shall act to verify the
14information within seven calendar days of notification. If
15the information is verified, the requirements of subsections
162, 3, and 4 regarding employability and evaluations shall
17be applied by the employer to determine whether or not the
18person’s employment is continued. The employer may continue to
19employ the person pending the performance of an evaluation by
20the department of human services record check evaluation system
21 to determine whether prohibition of the person’s employment
22is warranted. A person who is required by this subsection to
23inform the person’s employer of a conviction or entry of an
24abuse record and fails to do so within the required period
25commits a serious misdemeanor.
26b. If a facility, service, or program employer receives
27credible information, as determined by the employer, that a
28person employed by the employer has been convicted of a crime
29or a record of founded child or dependent adult abuse has been
30entered in the abuse registry after employment from a person
31other than the employee and the employee has not informed
32the employer of such information within the period required
33under paragraph “a”, the employer shall act to verify the
34credible information within seven calendar days of receipt of
35the credible information. If the information is verified, the
-137-1requirements of subsections 2, 3, and 4 regarding employability
2and evaluations shall be applied to determine whether or not
3the person’s employment is continued.
4c. The employer may notify the county attorney for the
5county where the employer is located of any violation or
6failure by an employee to notify the employer of a criminal
7conviction or entry of an abuse record within the period
8required under paragraph “a”.
99. a. For the purposes of this subsection, unless the
10context otherwise requires:
11(1) “Certified nurse aide training program” means a program
12approved in accordance with the rules for such programs adopted
13by the department of health and human services for the training
14of persons seeking to be a certified nurse aide for employment
15in any of the facilities or programs this section applies to or
16in a hospital, as defined in section 135B.1.
17(2) “Student” means a person applying for, enrolled in, or
18returning to a certified nurse aide training program.
19b. (1) Prior to a student beginning or returning to a
20certified nurse aide training program, the program shall do one
21of the following:
22(a) Request that the department of public safety perform
23a criminal history check and the department of human services
24 record check evaluation system perform child and dependent
25adult abuse record checks, in this state, of the student.
26(b) Access the single contact repository to perform the
27required record checks.
28(2) If a program accesses the single contact repository to
29perform the required record checks pursuant to subparagraph
30(1), the program may utilize a third-party vendor to perform a
31comprehensive preliminary background check to allow a person
32to provisionally participate in the clinical component of the
33certified nurse aide training program pending completion of the
34required record checks through the single contact repository
35and the evaluation by the department of human services record
-138-1check evaluation system, as applicable, subject to all of the
2following:
3(a) If the comprehensive preliminary background check
4determines that the person being considered for provisional
5participation has been convicted of a crime but the crime does
6not constitute a felony as defined in section 701.7 and is not
7a crime specified pursuant to chapter 708, 708A, 709, 709A,
8710, 710A, 711, or 712, or pursuant to section 726.3, 726.27,
9or 726.28.
10(b) If the comprehensive preliminary background check
11determines the person being considered for provisional
12participation does not have a record of founded child abuse or
13dependent adult abuse or if an exception pursuant to subsection
144 is applicable to the person.
15(c) If the program has requested an evaluation in accordance
16with subsection 2, paragraph “a”, to determine whether the crime
17warrants prohibition of the person’s provisional participation.
18(d) The provisional participation under this subparagraph
19(2) may continue until such time as the required record checks
20through the single contact repository and the evaluation by the
21department of human services record check evaluation system,
22as applicable, are completed.
23c. If a student has a criminal record or a record of
24founded child or dependent adult abuse, the student shall
25not be involved in a clinical education component of the
26certified nurse aide training program involving children or
27dependent adults unless an evaluation has been performed by the
28department of human services record check evaluation system.
29Upon request of the certified nurse aide training program, the
30department of human services record check evaluation system
31 shall perform an evaluation to determine whether the record
32warrants prohibition of the student’s involvement in a clinical
33education component of the certified nurse aide training
34program involving children or dependent adults. The evaluation
35shall be performed in accordance with the criteria specified in
-139-1subsection 3, and the department of human services record check
2evaluation system shall report the results of the evaluation
3to the certified nurse aide training program. The department
4of human services record check evaluation system has final
5authority in determining whether prohibition of the student’s
6involvement in the clinical education component is warranted.
7d. (1) If a student’s clinical education component of the
8training program involves children or dependent adults but
9does not involve operation of a motor vehicle, and the student
10has been convicted of a crime listed in subparagraph (2), but
11does not have a record of founded child or dependent adult
12abuse, and the training program has requested an evaluation in
13accordance with paragraph “c” to determine whether the crime
14warrants prohibition of the student’s involvement in such
15clinical education component, the training program may allow
16the student’s participation in the component for not more than
17sixty days pending completion of the evaluation.
18(2) Subparagraph (1) applies to a crime that is a simple
19misdemeanor offense under section 123.47, and to a crime
20that is a first offense of operating a motor vehicle while
21intoxicated under section 321J.2, subsection 1.
22e. (1) If a student is convicted of a crime or has a
23record of founded child or dependent adult abuse entered in the
24abuse registry after the record checks and any evaluation have
25been performed, the student shall inform the certified nurse
26aide training program of such information within forty-eight
27hours of the criminal conviction or entry of the record of
28founded child or dependent adult abuse. The program shall
29act to verify the information within seven calendar days of
30notification. If the information is verified, the requirements
31of paragraph “c” shall be applied by the program to determine
32whether or not the student’s involvement in a clinical
33education component may continue. The program may allow
34the student involvement to continue pending the performance
35of an evaluation by the department of human services record
-140-1check evaluation system. A student who is required by this
2subparagraph to inform the program of a conviction or entry of
3an abuse record and fails to do so within the required period
4commits a serious misdemeanor.
5(2) If a program receives credible information, as
6determined by the program, that a student has been convicted
7of a crime or a record of founded child or dependent adult
8abuse has been entered in the abuse registry after the record
9checks and any evaluation have been performed, from a person
10other than the student and the student has not informed the
11program of such information within the period required under
12subparagraph (1), the program shall act to verify the credible
13information within seven calendar days of receipt of the
14credible information. If the information is verified, the
15requirements of paragraph “c” shall be applied to determine
16whether or not the student’s involvement in a clinical
17education component may continue.
18(3) The program may notify the county attorney for the
19county where the program is located of any violation or failure
20by a student to notify the program of a criminal conviction
21or entry of an abuse record within the period required under
22subparagraph (1).
23f. If a certified nurse aide training program is conducted
24by a health care facility and a student of that program
25subsequently accepts and begins employment with the facility
26within thirty days of completing the program, the criminal
27history and abuse registry checks of the student performed
28pursuant to this subsection shall be deemed to fulfill the
29requirements for such checks prior to employment pursuant to
30subsection 1.
31 Sec. 180. Section 135D.2, subsections 3 and 13, Code 2023,
32are amended to read as follows:
333. “Department” means the department of public health and
34human services.
3513. “Iowa Medicaid enterprise program” means the centralized
-141-1 medical assistance program infrastructure, based on a business
2enterprise model, and designed to foster collaboration among
3all program stakeholders by focusing on quality, integrity, and
4consistency as defined in section 249A.2.
5 Sec. 181. Section 135D.6, subsection 2, Code 2023, is
6amended to read as follows:
72. A single industry shall not be disproportionately
8represented as voting members of the board. The board shall
9include at least one member who is a consumer of health
10services and a majority of the voting members of the board
11shall be representative of participants in the Iowa health
12information network. The director of public health and human
13services or the director’s designee and the director of the
14Iowa Medicaid enterprise program or the director’s designee
15shall act as voting members of the board. The commissioner
16of insurance shall act as an ex officio, nonvoting member of
17the board. Individuals serving in an ex officio, nonvoting
18capacity shall not be included in the total number of
19individuals authorized as members of the board.
20 Sec. 182. Section 135D.6, subsection 3, paragraph f, Code
212023, is amended to read as follows:
22f. Provide an annual budget and fiscal report for the Iowa
23health information network to the governor, the department of
24public health and human services, the department of management,
25the chairs and ranking members of the legislative government
26oversight standing committees, and the legislative services
27agency. The report shall also include information about the
28services provided through the network and information on the
29participant usage of the network.
30 Sec. 183. Section 135G.10, Code 2023, is amended to read as
31follows:
32135G.10 Rules.
331. The department of inspections and appeals and the
34department of health and human services shall collaborate
35in establishing standards for licensing of subacute care
-142-1facilities to achieve all of the following objectives:
2a. Subacute mental health services are provided based on
3sound, proven clinical practice.
4b. Subacute mental health services are established in a
5manner that allows the services to be included in the federal
6medical assistance state plan.
72. It is the intent of the general assembly that subacute
8mental health services be included in the Medicaid state
9plan adopted for the implementation of the federal Patient
10Protection and Affordable Care Act, benchmark plan.
113. The department of inspections and appeals, in
12consultation with the department of health and human services
13and affected professional groups, shall adopt and enforce rules
14setting out the standards for a subacute care facility and the
15rights of the residents admitted to a subacute care facility.
16The department of inspections and appeals and the department
17of health and human services shall coordinate the adoption of
18rules and the enforcement of the rules in order to prevent
19duplication of effort by the departments and of requirements of
20the licensee.
21 Sec. 184. Section 135G.11, subsection 2, Code 2023, is
22amended to read as follows:
232. Upon receipt of a complaint made in accordance with
24subsection 1, the department shall make a preliminary review
25of the complaint. Unless the department concludes that the
26complaint is intended to harass a subacute care facility or
27a licensee or is without reasonable basis, it shall within
28twenty working days of receipt of the complaint make or cause
29to be made an on-site inspection of the subacute care facility
30which is the subject of the complaint. The department of
31inspections and appeals may refer to the department of health
32and human services any complaint received by the department
33of inspections and appeals if the complaint applies to rules
34adopted by the department of health and human services. The
35complainant shall also be notified of the name, address, and
-143-1telephone number of the designated protection and advocacy
2agency if the alleged violation involves a facility with one
3or more residents with a developmental disability or mental
4illness. In any case, the complainant shall be promptly
5informed of the result of any action taken by the department
6in the matter.
7 Sec. 185. Section 135H.4, Code 2023, is amended to read as
8follows:
9135H.4 Licensure.
10A person shall not establish, operate, or maintain a
11psychiatric medical institution for children unless the person
12obtains a license for the institution under this chapter and
13either holds a license under section 237.3, subsection 2,
14paragraph “a”, as a comprehensive residential facility for
15children or holds a license under section 125.13, if the
16facility provides substance abuse use disorder treatment.
17 Sec. 186. Section 135H.6, subsection 1, paragraph e, Code
182023, is amended to read as follows:
19e. The department of health and human services has submitted
20written approval of the application based on the department
21of health and human services’ determination of need. The
22department of health and human services shall identify the
23location and number of children in the state who require the
24services of a psychiatric medical institution for children.
25Approval of an application shall be based upon the location
26of the proposed psychiatric institution relative to the need
27for services identified by the department of health and human
28services and an analysis of the applicant’s ability to provide
29services and support consistent with requirements under chapter
30232, particularly regarding community-based treatment. If
31the proposed psychiatric institution is not freestanding from
32a facility licensed under chapter 135B or 135C, approval
33under this paragraph shall not be given unless the department
34of health and human services certifies that the proposed
35psychiatric institution is capable of providing a resident with
-144-1a living environment similar to the living environment provided
2by a licensee which is freestanding from a facility licensed
3under chapter 135B or 135C.
4 Sec. 187. Section 135H.6, subsections 2, 3, 4, and 5, Code
52023, are amended to read as follows:
62. The department of health and human services shall
7not give approval to an application which would cause the
8total number of beds licensed under this chapter for services
9reimbursed by the medical assistance program under chapter 249A
10to exceed four hundred thirty beds.
113. In addition to the beds authorized under subsection
122, the department of health and human services may establish
13not more than thirty beds licensed under this chapter at the
14state mental health institute at Independence. The beds shall
15be exempt from the certificate of need requirement under
16subsection 1, paragraph “d”.
174. The department of health and human services may give
18approval to conversion of beds approved under subsection 2,
19to beds which are specialized to provide substance abuse
20 use disorder treatment. However, the total number of beds
21approved under subsection 2 and this subsection shall not
22exceed four hundred thirty. Conversion of beds under this
23subsection shall not require a revision of the certificate
24of need issued for the psychiatric institution making the
25conversion. Beds for children who do not reside in this state
26and whose service costs are not paid by public funds in this
27state are not subject to the limitations on the number of beds
28and certificate of need requirements otherwise applicable under
29this section.
305. A psychiatric institution licensed prior to July 1, 1999,
31may exceed the number of beds authorized under subsection 2
32if the excess beds are used to provide services funded from a
33source other than the medical assistance program under chapter
34249A. Notwithstanding subsection 1, paragraphs “d” and “e”,
35and subsection 2, the provision of services using those excess
-145-1beds does not require a certificate of need or a review by the
2department of health and human services.
3 Sec. 188. Section 135H.7, Code 2023, is amended to read as
4follows:
5135H.7 Personnel.
61. A person shall not be allowed to provide services in a
7psychiatric institution if the person has a disease which is
8transmissible to other persons through required contact in the
9workplace, which presents a significant risk of infecting other
10persons, which presents a substantial possibility of harming
11other persons, or for which no reasonable accommodation can
12eliminate the risk of infecting other persons.
132. a. If a person is being considered for licensure under
14this chapter, or for employment involving direct responsibility
15for a child or with access to a child when the child is alone,
16by a licensed psychiatric institution, or if a person will
17reside in a facility utilized by a licensee, and if the person
18has been convicted of a crime or has a record of founded child
19abuse, the department of human services record check evaluation
20system and the licensee, for an employee of the licensee, shall
21perform an evaluation to determine whether the crime or founded
22child abuse warrants prohibition of licensure, employment, or
23residence in the facility. The record check evaluation system
24of the department of health and human services shall conduct
25criminal and child abuse record checks in this state and may
26conduct these checks in other states. The evaluation shall
27be performed in accordance with procedures adopted for this
28purpose by the department of health and human services.
29b. If the department of human services record check
30evaluation system determines that a person has committed a
31crime or has a record of founded child abuse and is licensed,
32employed by a psychiatric institution licensed under this
33chapter, or resides in a licensed facility, the department
34 record check evaluation system shall notify the program
35that an evaluation will be conducted to determine whether
-146-1prohibition of the person’s licensure, employment, or residence
2is warranted.
3c. In an evaluation, the department of human services
4 record check evaluation system and the licensee for an employee
5of the licensee shall consider the nature and seriousness of
6the crime or founded child abuse in relation to the position
7sought or held, the time elapsed since the commission of the
8crime or founded child abuse, the circumstances under which
9the crime or founded child abuse was committed, the degree of
10rehabilitation, the likelihood that the person will commit the
11crime or founded child abuse again, and the number of crimes
12or founded child abuses committed by the person involved.
13The department record check evaluation system may permit a
14person who is evaluated to be licensed, employed, or to reside,
15or to continue to be licensed, employed, or to reside in a
16licensed facility, if the person complies with the department’s
17 record check evaluation system’s conditions relating to the
18person’s licensure, employment, or residence, which may include
19completion of additional training. For an employee of a
20licensee, these conditional requirements shall be developed
21with the licensee. The department of human services record
22check evaluation system has final authority in determining
23whether prohibition of the person’s licensure, employment,
24or residence is warranted and in developing any conditional
25requirements under this paragraph.
263. If the department of human services record check
27evaluation system determines that the person has committed a
28crime or has a record of founded child abuse which warrants
29prohibition of licensure, employment, or residence, the
30person shall not be licensed under this chapter to operate
31a psychiatric institution and shall not be employed by a
32psychiatric institution or reside in a facility licensed under
33this chapter.
344. In addition to the record checks required under
35subsection 2, the department of human services record check
-147-1evaluation system may conduct dependent adult abuse record
2checks in this state and may conduct these checks in other
3states, on a random basis. The provisions of subsections 2 and
43, relative to an evaluation following a determination that a
5person has been convicted of a crime or has a record of founded
6child abuse, shall also apply to a random dependent adult abuse
7record check conducted under this subsection.
85. Beginning July 1, 1994, a A licensee shall inform all new
9applicants for employment of the possibility of the performance
10of a record check and shall obtain, from the applicant, a
11signed acknowledgment of the receipt of the information.
126. On or after July 1, 1994, a A licensee shall include the
13following inquiry in an application for employment:
14Do you have a record of founded child or dependent adult abuse
15or have you ever been convicted of a crime, in this state or any
16other state?
17 Sec. 189. Section 135H.10, Code 2023, is amended to read as
18follows:
19135H.10 Rules.
201. The department of inspections and appeals, in
21consultation with the department of health and human services
22and affected professional groups, shall adopt and enforce rules
23setting out the standards for a psychiatric medical institution
24for children and the rights of the residents admitted to
25a psychiatric institution. The department of inspections
26and appeals and the department of health and human services
27shall coordinate the adoption of rules and the enforcement of
28the rules in order to prevent duplication of effort by the
29departments and of requirements of the licensee.
302. This chapter shall not be construed as prohibiting the
31use of funds appropriated for foster care to provide payment
32to a psychiatric medical institution for children for the
33financial participation required of a child whose foster care
34placement is in a psychiatric medical institution for children.
35In accordance with established policies and procedures for
-148-1foster care, the department of health and human services shall
2act to recover any such payment for financial participation,
3apply to be named payee for the child’s unearned income, and
4recommend parental liability for the costs of a court-ordered
5foster care placement in a psychiatric medical institution.
6 Sec. 190. Section 135H.12, subsection 1, Code 2023, is
7amended to read as follows:
81. Upon receipt of a complaint made in accordance with
9section 135H.11, the department shall make a preliminary review
10of the complaint. Unless the department concludes that the
11complaint is intended to harass a psychiatric institution or
12a licensee or is without reasonable basis, it shall within
13twenty working days of receipt of the complaint make or cause
14to be made an on-site inspection of the psychiatric institution
15which is the subject of the complaint. The department of
16inspections and appeals may refer to the department of health
17and human services any complaint received by the department
18if the complaint applies to rules adopted by the department
19of health and human services. The complainant shall also
20be notified of the name, address, and telephone number of
21the designated protection and advocacy agency if the alleged
22violation involves a facility with one or more residents with
23developmental disabilities or mental illness. In any case, the
24complainant shall be promptly informed of the result of any
25action taken by the department in the matter.
26 Sec. 191. Section 135J.7, Code 2023, is amended to read as
27follows:
28135J.7 Rules.
29Except as otherwise provided in this chapter, the department
30shall adopt rules pursuant to chapter 17A necessary to
31implement this chapter, subject to approval of the state board
32of council on health and human services. Formulation of the
33rules shall include consultation with Iowa hospice organization
34representatives and other persons affected by this chapter.
35 Sec. 192. Section 135L.1, subsection 3, Code 2023, is
-149-1amended to read as follows:
23. “Child-placing agency” means any agency, public,
3semipublic, or private, which represents itself as placing
4children, receiving children for placement, or actually
5engaging in placement of children and includes the department
6of health and human services.
7 Sec. 193. Section 135L.2, subsection 1, paragraph b,
8subparagraph (1), Code 2023, is amended to read as follows:
9(1) Information regarding the options described in the
10video including information regarding the agencies and programs
11available to provide assistance to the pregnant minor in
12parenting a child; information relating to adoption including
13but not limited to information regarding child-placing
14agencies; and information regarding abortion including but not
15limited to the legal requirements relative to the performance
16of an abortion on a pregnant minor. The information provided
17shall include information explaining that if a pregnant
18minor decides to continue the pregnancy to term and to retain
19parental rights, the father of the child is liable for the
20support of the child and that if the pregnant minor seeks
21public assistance on behalf of the child, the pregnant minor
22shall, and if the pregnant minor is not otherwise eligible as
23a public assistance recipient, the pregnant minor may, seek
24the assistance of the child support recovery unit services in
25establishing the paternity of the child, and in seeking support
26payments for a reasonable amount of the costs associated with
27the pregnancy, medical support, and maintenance from the father
28of the child, or if the father is a minor, from the parents of
29the minor father. The information shall include a listing of
30the agencies and programs and the services available from each.
31 Sec. 194. Section 135L.2, subsection 2, paragraph a, Code
322023, is amended to read as follows:
33a. The video shall be available through the state and local
34offices of the Iowa department of public health, the department
35of health and human services, and the judicial branch and
-150-1through the office of each licensed physician who performs
2abortions.
3 Sec. 195. Section 135L.3, subsection 3, paragraph m,
4subparagraph (4), Code 2023, is amended to read as follows:
5(4) The pregnant minor declares that the pregnant minor
6is a victim of child abuse pursuant to section 232.68, the
7person responsible for the care of the child is a parent of
8the child, and either the abuse has been reported pursuant to
9the procedures prescribed in chapter 232, subchapter III, part
102, or a parent of the child is named in a report of founded
11child abuse. The department of health and human services
12shall maintain confidentiality under chapter 232 and shall not
13release any information in response to a request for public
14records, discovery procedures, subpoena, or any other means,
15unless the release of information is expressly authorized by
16the pregnant minor regarding the pregnant minor’s pregnancy and
17abortion, if the abortion is obtained. A person who knowingly
18violates the confidentiality provisions of this subparagraph is
19guilty of a serious misdemeanor.
20 Sec. 196. Section 135L.8, Code 2023, is amended to read as
21follows:
22135L.8 Adoption of rules — implementation and documents.
23The Iowa department of public health and human services
24 shall adopt rules to implement the notification procedures
25pursuant to this chapter including but not limited to rules
26regarding the documents necessary for notification of a parent
27or grandparent of a pregnant minor who is designated to receive
28notification under this chapter.
29 Sec. 197. Section 135M.2, subsection 4, Code 2023, is
30amended to read as follows:
314. “Department” means the Iowa department of public health
32and human services.
33 Sec. 198. Section 136A.1, Code 2023, is amended to read as
34follows:
35136A.1 Purpose.
-151- 1To reduce and avoid adverse health conditions of inhabitants
2of the state, the Iowa department of public health shall
3initiate, conduct, and supervise screening and health care
4programs in order to detect and predict congenital or inherited
5disorders. The department shall assist in the translation and
6integration of genetic and genomic advances into public health
7services to improve health outcomes throughout the life span of
8the inhabitants of the state.
9 Sec. 199. Section 136A.2, subsection 4, Code 2023, is
10amended to read as follows:
114. “Department” means the Iowa department of public health
12and human services.
13 Sec. 200. Section 136A.3, Code 2023, is amended to read as
14follows:
15136A.3 Establishment of center for congenital Congenital and
16inherited disorders — department duties.
17A center for congenital and inherited disorders is
18established within the department. The center department shall
19do all of the following:
201. Initiate, conduct, and supervise statewide screening
21programs for congenital and inherited disorders amenable to
22population screening.
232. Initiate, conduct, and supervise statewide health care
24programs to aid in the early detection, treatment, prevention,
25education, and provision of supportive care related to
26congenital and inherited disorders.
273. Develop specifications for and designate a central
28laboratory in which tests conducted pursuant to the screening
29programs provided for in subsection 1 will be performed.
304. Gather, evaluate, and maintain information related
31to causes, severity, prevention, and methods of treatment
32for congenital and inherited disorders in conjunction with
33a central registry, screening programs, genetic health care
34programs, and ongoing scientific investigations and surveys.
355. Perform surveillance and monitoring of congenital and
-152-1inherited disorders to determine the occurrence and trends of
2the disorders, to conduct thorough and complete epidemiological
3surveys, to assist in the planning for and provision of
4services to children with congenital and inherited disorders
5and their families, and to identify environmental and genetic
6risk factors for congenital and inherited disorders.
76. Provide information related to severity, causes,
8prevention, and methods of treatment for congenital and
9inherited disorders to the public, medical and scientific
10communities, and health science disciplines.
117. Implement public education programs, continuing
12education programs for health practitioners, and education
13programs for trainees of the health science disciplines related
14to genetics, congenital disorders, and inheritable disorders.
158. Participate in policy development to assure the
16appropriate use and confidentiality of genetic information and
17technologies to improve health and prevent disease.
189. Collaborate with state and local health agencies and
19other public and private organizations to provide education,
20intervention, and treatment for congenital and inherited
21disorders and to integrate genetics and genomics advances into
22public health activities and policies.
23 Sec. 201. Section 136A.3A, subsections 1 and 3, Code 2023,
24are amended to read as follows:
251. A congenital and inherited disorders advisory committee
26is established to assist the center for congenital and
27inherited disorders and the department in the development of
28programs that ensure the availability and access to quality
29genetic and genomic health care services for all Iowans.
303. The advisory committee shall assist the center for
31congenital and inherited disorders and the department in
32designating the conditions to be included in the newborn
33screening and in regularly evaluating the effectiveness and
34appropriateness of the newborn screening.
35 Sec. 202. Section 136A.4, Code 2023, is amended to read as
-153-1follows:
2136A.4 Genetic health services.
3The center department may initiate, conduct, and supervise
4genetic health services for the inhabitants of the state,
5including the provision of regional genetic consultation
6clinics, comprehensive neuromuscular health care outreach
7clinics, and other outreach services and clinics as established
8by rule.
9 Sec. 203. Section 136A.5B, subsection 1, unnumbered
10paragraph 1, Code 2023, is amended to read as follows:
11In accordance with the duties prescribed in section 136A.3,
12the center for congenital and inherited disorders department
13 shall collaborate with state and local health agencies
14and other public and private organizations to develop and
15publish or approve and publish informational materials to
16educate and raise awareness of cytomegalovirus and congenital
17cytomegalovirus among women who may become pregnant, expectant
18parents, parents of infants, attending health care providers,
19and others, as appropriate. The materials shall include
20information regarding all of the following:
21 Sec. 204. Section 136A.5B, subsection 2, Code 2023, is
22amended to read as follows:
232. An attending health care provider shall provide to a
24pregnant woman during the first trimester of the pregnancy the
25informational materials published under this section. The
26center for congenital and inherited disorders department shall
27make the informational materials available to attending health
28care providers upon request.
29 Sec. 205. Section 136A.6, Code 2023, is amended to read as
30follows:
31136A.6 Central registry.
32The center for congenital and inherited disorders department
33 shall maintain a central registry, or shall establish an
34agreement with a designated contractor to maintain a central
35registry, to compile, evaluate, retain, and disseminate
-154-1information on the occurrence, prevalence, causes, treatment,
2and prevention of congenital disorders. Congenital disorders
3shall be considered reportable conditions in accordance with
4rules adopted by the department and shall be abstracted and
5maintained by the registry.
6 Sec. 206. Section 136A.7, Code 2023, is amended to read as
7follows:
8136A.7 Confidentiality.
9The center for congenital and inherited disorders and
10the department shall maintain the confidentiality of any
11identifying information collected, used, or maintained pursuant
12to this chapter in accordance with section 22.7, subsection 2.
13 Sec. 207. Section 136A.8, Code 2023, is amended to read as
14follows:
15136A.8 Rules.
16The center for congenital and inherited disorders, with
17assistance provided by the Iowa department of public health,
18 shall adopt rules pursuant to chapter 17A to administer this
19chapter.
20 Sec. 208. Section 136B.1, subsection 1, Code 2023, is
21amended to read as follows:
221. As used in this chapter, unless the context otherwise
23requires, “department” means the Iowa department of public
24 health and human services.
25 Sec. 209. Section 136C.1, subsections 2 and 3, Code 2023,
26are amended to read as follows:
272. “Department” means the Iowa department of public health
28and human services.
293. “Director” means the director of public health and human
30services or the director’s designee.
31 Sec. 210. Section 136C.3, subsection 2, Code 2023, is
32amended to read as follows:
332. Establish minimum training standards including
34continuing education requirements, and administer examinations
35and disciplinary procedures for operators of radiation machines
-155-1and users of radioactive materials. A state of Iowa license
2to practice medicine, osteopathic medicine, chiropractic,
3podiatry, dentistry, dental hygiene, or veterinary medicine, or
4licensure as a physician assistant pursuant to chapter 148C, or
5certification by the dental board in dental radiography, or by
6the board of podiatry in podiatric radiography, or enrollment
7in a program or course of study approved by the Iowa department
8of public health which includes the application of radiation to
9humans satisfies the minimum training standards for operation
10of radiation machines only.
11 Sec. 211. Section 137.102, Code 2023, is amended to read as
12follows:
13137.102 Definitions.
14As used in this chapter unless the context otherwise
15requires:
161. “City board” means a city board of health in existence
17prior to July 1, 2010.
182. “City health department” refers to the personnel and
19property under the jurisdiction of a city board in existence
20prior to July 1, 2010.
213. “Council” means a city the council on health and human
22services.
234. “County board” means a county board of health.
245. “County health department” refers to the personnel and
25property under the jurisdiction of a county board.
266. “Director” means the director of public health and human
27services.
287. “District” means any two or more geographically
29contiguous counties.
308. “District board” means a board of health representing
31at least two geographically contiguous counties formed with
32approval of the state department in accordance with this
33chapter, or any district board of health in existence prior to
34July 1, 2010.
359. “District health department” refers to the personnel and
-156-1property under the jurisdiction of a district board.
210. “Local board of health” means a city, county, or
3district board of health.
411. “Officers” means a local board of health chairperson,
5vice chairperson, and secretary, and other officers which may
6be named at the discretion of the local board of health.
712. “State board” means the state board of health.
813. 12. “State department” or “department” means the Iowa
9 department of public health and human services.
10 Sec. 212. Section 137.104, subsection 1, paragraph b,
11unnumbered paragraph 1, Code 2023, is amended to read as
12follows:
13Make and enforce such reasonable rules and regulations not
14inconsistent with law and the rules of the state board council
15 as may be necessary for the protection and improvement of the
16public health.
17 Sec. 213. Section 137.104, subsection 1, paragraph b,
18subparagraph (1), Code 2023, is amended to read as follows:
19(1) Rules of a city board shall become effective upon
20approval by the city council and publication in a newspaper
21having general circulation in the city.
22 Sec. 214. Section 137.104, subsection 2, paragraph d, Code
232023, is amended to read as follows:
24d. By written agreement with the city council of any city
25within its jurisdiction, enforce appropriate ordinances of the
26city relating to public health.
27 Sec. 215. Section 137.105, subsection 1, paragraphs a and f,
28Code 2023, are amended to read as follows:
29a. All members of a city board shall be appointed by the
30city council.
31f. A local board of health member shall serve without
32compensation, but may be reimbursed for necessary expenses in
33accordance with rules established by the state board council
34 or the applicable jurisdiction.
35 Sec. 216. Section 137.107, Code 2023, is amended to read as
-157-1follows:
2137.107 Request reviewed by state department.
3The state department shall review requests submitted
4pursuant to section 137.106. The state department, upon
5finding that all required elements are present, shall present
6findings to the state board council. The state board council
7 may approve the formation of a district board and if the
8formation is approved, shall notify the county boards from whom
9the request was received.
10 Sec. 217. Section 137.114, Code 2023, is amended to read as
11follows:
12137.114 Withdrawal from district.
13A county may withdraw from an existing district board upon
14submission of a request for withdrawal to and approval by
15the state department. The request shall include a plan to
16reform its county board or join a different district board,
17information specified in section 137.106, and approval of the
18request by the district board and, at the recommendation of
19the state department, the state board council. Any county
20choosing to withdraw from the district board shall commit to
21the continuity of services in its county by reestablishing
22its county board or joining a different district board. The
23remaining counties in the district shall submit an application
24including the information specified in section 137.106 to the
25state department for review as provided in section 137.107.
26 Sec. 218. Section 137.119, Code 2023, is amended to read as
27follows:
28137.119 Adoption of rules.
29The state board of health council shall adopt rules to
30implement this chapter. The department is vested with
31discretionary authority to interpret the provisions of this
32chapter.
33 Sec. 219. Section 137F.1, subsection 9, unnumbered
34paragraph 1, Code 2023, is amended to read as follows:
35“Food establishment” means an operation that stores,
-158-1prepares, packages, serves, vends, or otherwise provides food
2for human consumption and includes a food service operation in
3a salvage or distressed food operation, school, summer camp,
4residential service substance abuse use disorder treatment
5facility, halfway house substance abuse use disorder treatment
6facility, correctional facility operated by the department of
7corrections, or the state training school. “Food establishment”
8does not include the following:
9 Sec. 220. Section 139A.2, Code 2023, is amended to read as
10follows:
11139A.2 Definitions.
12For purposes of this chapter, unless the context otherwise
13requires:
141. “Area quarantine” means prohibiting ingress and egress
15to and from a building or buildings, structure or structures,
16or other definable physical location, or portion thereof, to
17prevent or contain the spread of a suspected or confirmed
18quarantinable disease or to prevent or contain exposure to a
19suspected or known chemical, biological, radioactive, or other
20hazardous or toxic agent.
212. “Business” means and includes every trade, occupation,
22or profession.
233. “Care provider” means an individual who is trained
24and authorized by federal or state law to provide health
25care services or services of any kind in the course of the
26individual’s official duties, for compensation or in a
27voluntary capacity, who is a health care provider, emergency
28medical care provider as defined in section 147A.1, fire
29fighter, or peace officer. “Care provider” also means an
30individual who renders emergency care or assistance in an
31emergency or due to an accident as described in section 613.17.
324. “Communicable disease” means any disease spread from
33person to person or animal to person.
345. “Contagious or infectious disease” means hepatitis in
35any form, meningococcal disease, AIDS or HIV as defined in
-159-1section 141A.1, tuberculosis, and any other disease determined
2to be life-threatening to a person exposed to the disease as
3established by rules adopted by the department, based upon a
4determination by the state epidemiologist and in accordance
5with guidelines of the centers for disease control and
6prevention of the United States department of health and human
7services.
86. “Department” means the Iowa department of public health
9and human services.
107. “Designated officer” means a person who is designated by
11a department, agency, division, or service organization to act
12as an infection control liaison officer.
138. “Director” means the director of health and human
14services.
158. 9. “Exposure” means a specific eye, mouth, other mucous
16membrane, nonintact skin, or parenteral contact with blood or
17other potentially infectious bodily fluids.
189. 10. “Exposure-prone procedure” means a procedure
19performed by a health care provider which presents a recognized
20risk of percutaneous injury to the health care provider and
21if such an injury occurs, the health care provider’s blood
22is likely to contact a patient’s body cavity, subcutaneous
23tissues, or mucous membranes, or an exposure-prone procedure as
24defined by the centers for disease control and prevention of
25the United States department of health and human services.
2610. 11. “HBV” means hepatitis B virus.
2711. 12. “Health care facility” means a health care facility
28as defined in section 135C.1, an ambulatory surgical center,
29or a clinic.
3012. 13. “Health care provider” means a person licensed
31to practice medicine and surgery, osteopathic medicine
32and surgery, chiropractic, podiatry, nursing, dentistry,
33optometry, or as a physician assistant, dental hygienist, or
34acupuncturist.
3513. 14. “HIV” means HIV as defined in section 141A.1.
-160- 114. 15. “Hospital” means hospital as defined in section
2135B.1.
315. 16. “Isolation” means the separation of persons or
4animals presumably or actually infected with a communicable
5disease or who are disease carriers for the usual period of
6communicability of that disease in such places, marked by
7placards if necessary, and under such conditions as will
8prevent the direct or indirect conveyance of the infectious
9agent or contagion to susceptible persons.
1016. 17. “Local board” means the local board of health.
1117. 18. “Local department” means the local health
12department.
1318. 19. “Placard” means a warning sign to be erected and
14displayed on the periphery of a quarantine area, forbidding
15entry to or exit from the area.
1619. 20. “Public health disaster” means public health
17disaster as defined in section 135.140.
1820. 21. “Quarantinable disease” means any communicable
19disease designated by rule adopted by the department as
20requiring quarantine or isolation to prevent its spread.
2121. 22. “Quarantine” means the limitation of freedom
22of movement of persons or animals that have been exposed to
23a quarantinable disease within specified limits marked by
24placards for a period of time equal to the longest usual
25incubation period of the disease in such manner as to prevent
26the spread of a quarantinable disease which affects people.
2722. 23. “Reportable disease” means any disease designated
28by rule adopted by the department requiring its occurrence to
29be reported to an appropriate authority.
3023. 24. “Sexually transmitted disease or infection”
31means a disease or infection as identified by rules adopted
32by the department, based upon a determination by the state
33epidemiologist and in accordance with guidelines of the
34centers for disease control and prevention of the United States
35department of health and human services.
-161- 124. 25. “Significant exposure” means a situation in which
2there is a risk of contracting disease through exposure to
3a person’s infectious bodily fluids in a manner capable of
4transmitting an infectious agent as determined by the centers
5for disease control and prevention of the United States
6department of health and human services and adopted by rule of
7the department.
825. 26. “Terminal cleaning” means cleaning procedures
9defined in the isolation guidelines issued by the centers for
10disease control and prevention of the United States department
11of health and human services.
12 Sec. 221. Section 139A.3, subsection 3, paragraph c, Code
132023, is amended to read as follows:
14c. Notwithstanding paragraph “b”, information contained in
15the report may be reported in public health records in a manner
16which prevents the identification of any person or business
17named in the report. If information contained in the report
18concerns a business, information disclosing the identity of
19the business may be released to the public when the state
20epidemiologist or the director of public health determines such
21a release of information necessary for the protection of the
22health of the public.
23 Sec. 222. Section 139A.8, subsection 3, Code 2023, is
24amended to read as follows:
253. Subject to the provision of subsection 4, the state board
26of council on health and human services may modify or delete
27any of the immunizations in subsection 2.
28 Sec. 223. Section 139A.8, subsection 4, paragraph b, Code
292023, is amended to read as follows:
30b. The exemptions under this subsection do not apply in
31times of emergency or epidemic as determined by the state board
32of council on health and human services and as declared by the
33director of public health and human services.
34 Sec. 224. Section 139A.9, Code 2023, is amended to read as
35follows:
-162- 1139A.9 Forcible removal — isolation — quarantine.
2The forcible removal and isolation or quarantine of any
3infected person shall be accomplished according to the rules
4and regulations of the local board or the rules of the state
5board of council on health and human services.
6 Sec. 225. Section 141A.1, subsection 6, Code 2023, is
7amended to read as follows:
86. “Department” means the Iowa department of public health
9and human services.
10 Sec. 226. Section 141A.2, subsection 6, Code 2023, is
11amended to read as follows:
126. The department, with the approval of the state
13board of council on health and human services, may conduct
14epidemiological blinded and nonblinded studies to determine
15the incidence and prevalence of HIV infection. Initiation
16of any new epidemiological studies shall be contingent upon
17the receipt of funding sufficient to cover all the costs
18associated with the studies. The informed consent, reporting,
19and counseling requirements of this chapter shall not apply to
20blinded studies.
21 Sec. 227. Section 141A.4, subsection 1, paragraph c, Code
222023, is amended to read as follows:
23c. All persons having a history of injecting drug abuse use
24disorder.
25 Sec. 228. Section 141A.9, subsection 2, paragraph j, Code
262023, is amended to read as follows:
27j. To employees of state correctional institutions subject
28to the jurisdiction of the department of corrections, employees
29of secure facilities for juveniles subject to the department
30of health and human services, and employees of city and county
31jails, if the employees have direct supervision over inmates of
32those facilities or institutions in the exercise of the duties
33prescribed pursuant to section 80.9B.
34 Sec. 229. Section 142.1, Code 2023, is amended to read as
35follows:
-163- 1142.1 Delivery of bodies.
2The body of every person dying in a public asylum, hospital,
3county care facility, penitentiary, or reformatory in this
4state, or found dead within the state, or which is to be buried
5at public expense in this state, except those buried under the
6provisions of chapter 144C or 249, and which is suitable for
7scientific purposes, shall be delivered to the medical college
8of the state university, or some osteopathic or chiropractic
9college or school located in this state, which has been
10approved under the law regulating the practice of osteopathic
11medicine or chiropractic; but no such body shall be delivered
12to any such college or school if the deceased person expressed
13a desire during the person’s last illness that the person’s
14body should be buried or cremated, nor if such is the desire
15of the person’s relatives. Such bodies shall be equitably
16distributed among said colleges and schools according to their
17needs for teaching anatomy in accordance with such rules as
18may be adopted by the Iowa department of public health and
19human services. The expense of transporting said bodies to
20such college or school shall be paid by the college or school
21receiving the same. If the deceased person has not expressed
22a desire during the person’s last illness that the person’s
23body should be buried or cremated and no person authorized to
24control the deceased person’s remains under section 144C.5
25requests the person’s body for burial or cremation, and if a
26friend objects to the use of the deceased person’s body for
27scientific purposes, said deceased person’s body shall be
28forthwith delivered to such friend for burial or cremation at
29no expense to the state or county. Unless such friend provides
30for burial and burial expenses within five days, the body shall
31be used for scientific purposes under this chapter.
32 Sec. 230. Section 142.2, Code 2023, is amended to read as
33follows:
34142.2 Furnished to physicians.
35When there are more dead bodies available for use under
-164-1section 142.1 than are desired by said colleges or schools, the
2same may be delivered to physicians in the state for scientific
3study under such rules as may be adopted by the Iowa department
4of public health and human services.
5 Sec. 231. Section 142.3, Code 2023, is amended to read as
6follows:
7142.3 Notification of department.
8Every county medical examiner, funeral director or embalmer,
9and the managing officer of every public asylum, hospital,
10county care facility, penitentiary, or reformatory, as soon
11as any dead body shall come into the person’s custody which
12may be used for scientific purposes as provided in sections
13142.1 and 142.2, shall at once notify the nearest relative
14or friend of the deceased, if known, and the Iowa department
15of public health and human services, and hold such body
16unburied for forty-eight hours. Upon receipt of notification,
17the department shall issue verbal or written instructions
18relative to the disposition to be made of said body. Complete
19jurisdiction over said bodies is vested exclusively in the Iowa
20 department of public health and human services. No autopsy or
21post mortem, except as are legally ordered by county medical
22examiners, shall be performed on any of said bodies prior to
23their delivery to the medical schools.
24 Sec. 232. Section 142.9, Code 2023, is amended to read as
25follows:
26142.9 Failure to deliver dead body.
27Any person having the custody of the dead body of any human
28being which is required to be delivered for scientific purposes
29by this chapter, who shall fail to notify the Iowa department
30of public health and human services of the existence of such
31body, or fail to deliver the same in accordance with the
32instructions of the department, shall be guilty of a simple
33misdemeanor.
34 Sec. 233. Section 142A.2, Code 2023, is amended to read as
35follows:
-165- 1142A.2 Definitions.
2As used in this chapter, unless the context otherwise
3requires:
41. “Administrator” means the administrator of the division
5of tobacco use prevention and control.
62. 1. “Commission” means the commission on tobacco use
7prevention and control established in this chapter.
83. 2. “Community partnership” means a public agency or
9nonprofit organization implementing the tobacco use prevention
10and control initiative in a local area in accordance with this
11chapter.
124. 3. “Department” means the Iowa department of public
13 health and human services.
145. 4. “Director” means the director of public health and
15human services.
166. “Division” means the division of tobacco use prevention
17and control of the Iowa department of public health,
18established pursuant to this chapter.
197. 5. “Initiative” means the comprehensive tobacco use
20prevention and control initiative established in this chapter.
218. 6. “Manufacturer” means manufacturer as defined in
22section 453A.1.
239. 7. “Pregnant woman” means a female of any age who is
24pregnant.
2510. 8. “School-age youth” means a person attending school
26in kindergarten through grade twelve.
2711. 9. “Tobacco” means both cigarettes and tobacco products
28as defined in section 453A.1.
2912. 10. “Youth” means a person who is five through
30twenty-four years of age.
31 Sec. 234. Section 142A.3, Code 2023, is amended to read as
32follows:
33142A.3 Tobacco use prevention and control — division —
34commission — created.
351. The department shall establish, as a separate and
-166-1distinct division within the department, a division of tobacco
2use prevention and control. The division shall develop,
3implement, and administer the initiative established in this
4chapter and shall perform other duties as directed by this
5chapter or as assigned by the director of public health.
62. A commission on tobacco use prevention and control
7is established to develop policy, provide direction for
8the initiative, and perform all other duties related to
9the initiative and other tobacco use prevention and control
10activities as directed by this chapter or referred to the
11commission by the director of public health.
123. The membership of the commission shall include the
13following voting members who shall serve three-year, staggered
14terms:
15a. Members, at least one of whom is a member of a racial
16minority, to be appointed by the governor, subject to
17confirmation by the senate pursuant to sections 2.32 and 69.19,
18and consisting of the following:
19(1) Three members who are active with nonprofit health
20organizations that emphasize tobacco use prevention or who are
21active as health services providers, at the local level.
22(2) Three members who are active with health promotion
23activities at the local level in youth education, nonprofit
24services, or other activities relating to tobacco use
25prevention and control.
26b. Three voting members, to be selected by the participants
27in the annual statewide youth summit of the initiative’s youth
28program, who shall not be subject to section 69.16 or 69.16A.
29However, the selection process shall provide for diversity
30among the members and at least one of the youth members shall
31be a female.
324. The commission shall also include the following ex
33officio, nonvoting members:
34a. Four members of the general assembly, with not more than
35one member from each chamber being from the same political
-167-1party. The majority leader of the senate and the minority
2leader of the senate shall each appoint one of the senate
3members. The majority leader of the house of representatives
4and the minority leader of the house of representatives shall
5each appoint one of the house members.
6b. The presiding officer of the statewide youth executive
7body, selected by the delegates to the statewide youth summit.
85. In addition to the members of the commission, the
9following agencies, organizations, and persons shall each
10assign a single liaison to the commission to provide assistance
11to the commission in the discharge of the commission’s duties:
12a. The department of education.
13b. The drug policy coordinator director.
14c. The department of justice, office of the attorney
15general.
16d. The department of human services.
176. Citizen members shall be reimbursed for actual and
18necessary expenses incurred in performance of their duties.
19Citizen members shall be paid a per diem as specified in
20section 7E.6. Legislative members are eligible for per diem
21and expenses as provided in section 2.10.
227. A member of the commission who is convicted of a crime
23relating to tobacco, alcohol, or controlled substances is
24subject to removal from the commission.
258. A vacancy on the commission other than for the youth
26members shall be filled in the same manner as the original
27appointment for the balance of the unexpired term. A youth
28member vacancy shall be filled by the presiding officer of the
29statewide executive body as selected by the delegates to the
30statewide youth summit.
319. The commission shall elect a chairperson from among its
32voting members and may select other officers from among its
33voting members, as determined necessary by the commission.
34The commission shall meet regularly as determined by the
35commission, upon the call of the chairperson, or upon the call
-168-1of a majority of the voting members.
210. The commission may designate an advisory council. The
3commission shall determine the membership and representation
4of the advisory council and members of the council shall serve
5at the pleasure of the commission. The advisory council may
6include representatives of health care provider groups, parent
7groups, antitobacco advocacy programs and organizations,
8research and evaluation experts, and youth organizers.
9 Sec. 235. Section 142A.4, Code 2023, is amended to read as
10follows:
11142A.4 Commission duties.
12The commission shall do all of the following:
131. Develop and implement the comprehensive tobacco use
14prevention and control initiative as provided in this chapter.
152. Provide a forum for the discussion, development, and
16recommendation of public policy alternatives in the field of
17tobacco use prevention and control.
183. Develop an educational component of the initiative.
19Educational efforts provided through the school system shall be
20developed in conjunction with the department of education.
214. Develop a plan for implementation of the initiative in
22accordance with the purpose and intent specified in section
23142A.1.
245. Provide for technical assistance, training, and other
25support under the initiative.
266. Take actions to develop and implement a statewide
27system for the initiative programs that are delivered through
28community partnerships.
297. Manage and coordinate the provision of funding and other
30moneys available to the initiative by combining all or portions
31of appropriations or other revenues as authorized by law.
328. Assist with the linkage of the initiative with child
33welfare and juvenile justice decategorization projects,
34education programming, early childhood Iowa areas, and other
35programs and services directed to youth at the state and
-169-1community level.
29. a. Coordinate and respond to any requests from a
3community partnership relating to any of the following:
4(1) Removal of barriers to community partnership efforts.
5(2) Pooling and redirecting of existing federal, state, or
6other public or private funds available for purposes that are
7consistent with the initiative.
8(3) Seeking of federal waivers to assist community
9partnership efforts.
10b. In coordinating and responding to the requests, the
11commission shall work with state agencies, the governor, and
12the general assembly as necessary to address requests deemed
13appropriate by the commission.
1410. Adopt rules pursuant to chapter 17A as necessary for
15the designation, governance, and oversight of the initiative
16and the implementation of this chapter. The commission shall
17provide for community partnership and youth program input in
18the rules adoption process. The rules shall include but are
19not limited to all of the following:
20a. Performance indicators for initiative programs, community
21partnerships, and the services provided under the auspices of
22community partnerships. The performance indicators shall be
23developed with input from communities.
24b. Minimum standards to further the provision of equal
25access to services.
2611. Monitor and evaluate the effectiveness of performance
27measures utilized under the initiative.
2812. Submit a report to the governor and the general assembly
29on a periodic basis, during the initial year of operation,
30and on an annual basis thereafter, regarding the initiative,
31including demonstrated progress based on performance
32indicators. The commission shall report more frequently if
33requested by the joint appropriations subcommittee that makes
34recommendations concerning the commission’s budget. Beginning
35July 1, 2005, the commission shall also perform a comprehensive
-170-1review of the initiative and shall submit a report of its
2findings to the governor and the general assembly on or before
3December 15, 2005.
413. Represented by the chairperson of the commission,
5annually appear before the joint appropriations subcommittee
6that makes recommendations concerning the commission’s budget
7to report on budget expenditures and division department
8 operations relative to the prior fiscal year and the current
9fiscal year.
1014. Advise the director in evaluating potential candidates
11for the position of administrator, consult with the director
12in the hiring of the administrator, and review and advise
13the director on the performance of the administrator in the
14discharge of the administrator’s duties.
1515. 14. Prioritize funding needs and the allocation of
16moneys appropriated and other resources available for the
17programs and activities of the initiative.
1816. 15. Review fiscal needs of the initiative and make
19recommendations to the director in the development of budget
20requests.
2117. 16. Solicit and accept any gift of money or property,
22including any grant of money, services, or property from the
23federal government, the state, a political subdivision, or
24a private source that is consistent with the goals of the
25initiative. The commission shall adopt rules prohibiting the
26acceptance of gifts from a manufacturer of tobacco products.
2718. 17. Advise and make recommendations to the governor,
28the general assembly, and the director, and the administrator,
29relative to tobacco use, treatment, intervention, prevention,
30control, and education programs in the state.
3119. 18. Evaluate the work of the division and the
32 department relating to the initiative. For this purpose, the
33commission shall have access to any relevant department records
34and documents, and other information reasonably obtainable by
35the department.
-171- 120. 19. Develop the structure for the statewide youth
2summit to be held annually.
321. 20. Approve the content of any materials distributed
4by the youth program pursuant to section 142A.9, prior to
5distribution of the materials.
6 Sec. 236. Section 142A.5, Code 2023, is amended to read as
7follows:
8142A.5 Director and administrator Department duties.
91. The director department shall do all of the following:
10a. Establish and maintain the division of tobacco use
11prevention and control.
12b. Employ a separate division administrator, in accordance
13with the requirements of section 142A.4, subsection 14, in a
14full-time equivalent position whose sole responsibility and
15duty shall be the administration and oversight of the division.
16The division administrator shall report to and shall serve
17at the pleasure of the director. The administrator shall
18be exempt from the merit system provisions of chapter 8A,
19subchapter IV.
20c. 1. Coordinate all tobacco use prevention and control
21programs and activities under the purview of the department.
22d. 2. Receive and review budget recommendations from the
23commission. The director shall consider these recommendations
24in developing the budget request for the department.
252. The administrator shall do all of the following:
26a. 3. Implement the initiative, coordinate the activities
27of the commission and the initiative, and coordinate other
28tobacco use prevention and control activities as assigned by
29the director.
30b. 4. Monitor and evaluate the effectiveness of performance
31measures.
32c. 5. Provide staff and administrative support to the
33commission.
34d. 6. Administer contracts entered into under this chapter.
35e. 7. Coordinate and cooperate with other tobacco use
-172-1prevention and control programs within and outside of the
2state.
3f. 8. Provide necessary information to the commission
4to assist the commission in making its annual report to the
5joint appropriations subcommittee pursuant to section 142A.4,
6subsection 13, and in fulfilling other commission duties
7pursuant to section 142A.4.
8 Sec. 237. Section 142A.6, subsections 1 and 4, Code 2023,
9are amended to read as follows:
101. A comprehensive tobacco use prevention and control
11initiative is established. The division department shall
12implement the initiative as provided in this chapter.
134. The division department shall implement the initiative
14in a manner that ensures that youth are extensively involved
15in the decision making for the programs implemented under
16the initiative. The initiative shall also involve parents,
17schools, and community members in activities to achieve the
18results desired for the initiative. The division department
19 shall encourage collaboration at the state and local levels
20to maximize available resources and to provide flexibility to
21support community efforts.
22 Sec. 238. Section 142C.15, subsections 1 and 2, Code 2023,
23are amended to read as follows:
241. An anatomical gift public awareness and transplantation
25fund is created as a separate fund in the state treasury
26under the control of the Iowa department of public health and
27human services. The fund shall consist of moneys remitted
28by the county treasurer of a county or by the department of
29transportation which were collected through the payment of a
30contribution made by an applicant for registration of a motor
31vehicle pursuant to section 321.44A and any other contributions
32to the fund.
332. The moneys collected under this section and deposited
34in the fund are appropriated to the Iowa department of public
35 health and human services for the purposes specified in
-173-1this section. Moneys in the fund shall not be subject to
2appropriation or expenditure for any other purpose.
3 Sec. 239. Section 142C.15, subsection 4, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5The Iowa department of public health and human services may
6use not more than five percent of the moneys in the fund for
7administrative costs. The remaining moneys in the fund may
8be expended through grants to any of the following persons,
9subject to the following conditions:
10 Sec. 240. Section 142C.17, unnumbered paragraph 1, Code
112023, is amended to read as follows:
12The Iowa department of public health and human services, in
13conjunction with any statewide organ procurement organization
14in Iowa, shall prepare and submit a report to the general
15assembly on or before January 1 each year regarding organ
16donation rates and voluntary compliance efforts with hospital
17organ and tissue donation protocols by physicians, hospitals,
18and other health systems organizations. The report shall
19contain the following:
20 Sec. 241. Section 142C.18, subsection 1, Code 2023, is
21amended to read as follows:
221. The director department of public health and human
23services shall contract with and recognize the Iowa donor
24registry for the purpose of indicating on the donor registry
25all relevant information regarding a donor’s making or amending
26of an anatomical gift.
27 Sec. 242. Section 142D.2, Code 2023, is amended by adding
28the following new subsection:
29 NEW SUBSECTION. 3A. “Department” means the department of
30health and human services.
31 Sec. 243. Section 142D.6, subsection 3, Code 2023, is
32amended to read as follows:
333. The owner, operator, manager, or other person having
34custody or control of a public place, place of employment,
35area declared a nonsmoking place pursuant to section 142D.5,
-174-1or outdoor area where smoking is prohibited under this
2chapter shall clearly and conspicuously post in and at every
3entrance to the public place, place of employment, area
4declared a nonsmoking place pursuant to section 142D.5, or
5outdoor area, “no smoking” signs or the international “no
6smoking” symbol. Additionally, a “no smoking” sign or the
7international “no smoking” symbol shall be placed in every
8vehicle that constitutes a public place, place of employment,
9or area declared a nonsmoking place pursuant to section 142D.5
10under this chapter, visible from the exterior of the vehicle.
11All signs shall contain the telephone number for reporting
12complaints and the internet site of the department of public
13health. The owner, operator, manager, or other person having
14custody or control of the public place, place of employment,
15area declared a nonsmoking place pursuant to section 142D.5,
16or outdoor area may use the sample signs provided on the
17department of public health’s department’s internet site, or
18may use another sign if the contents of the sign comply with
19the requirements of this subsection.
20 Sec. 244. Section 142D.8, Code 2023, is amended to read as
21follows:
22142D.8 Enforcement.
231. This chapter shall be enforced by the department of
24public health or the department’s designee. The department of
25public health shall adopt rules to administer this chapter,
26including rules regarding enforcement. The department
27of public health shall provide information regarding the
28provisions of this chapter and related compliance issues to
29employers, owners, operators, managers, and other persons
30having custody or control of a public place, place of
31employment, area declared a nonsmoking place pursuant to
32section 142D.5, or outdoor area where smoking is prohibited,
33and the general public via the department’s internet site. The
34internet site shall include sample signage and the telephone
35number for reporting complaints. Judicial magistrates shall
-175-1hear and determine violations of this chapter.
22. If a public place is subject to any state or political
3subdivision inspection process or is under contract with the
4state or a political subdivision, the person performing the
5inspection shall assess compliance with the requirements of
6this chapter and shall report any violations to the department
7of public health or the department’s designee.
83. An owner, operator, manager, or other person having
9custody or control of a public place, place of employment, area
10declared a nonsmoking place pursuant to section 142D.5, or
11outdoor area regulated under this chapter shall inform persons
12violating this chapter of the provisions of this chapter.
134. An employee or private citizen may bring a legal action
14to enforce this chapter. Any person may register a complaint
15under this chapter by filing a complaint with the department of
16public health or the department’s designee.
175. In addition to the remedies provided in this section, the
18department of public health or the department’s designee or any
19other person aggrieved by the failure of the owner, operator,
20manager, or other person having custody or control of a public
21place, place of employment, area declared a nonsmoking place
22pursuant to section 142D.5, or outdoor area regulated by this
23chapter to comply with this chapter may seek injunctive relief
24to enforce this chapter.
25 Sec. 245. Section 142D.9, subsection 5, Code 2023, is
26amended to read as follows:
275. Violation of this chapter constitutes a public nuisance
28which may be abated by the department of public health or the
29department’s designee by restraining order, preliminary or
30permanent injunction, or other means provided by law, and the
31entity abating the public nuisance may take action to recover
32the costs of such abatement.
33 Sec. 246. Section 144.1, Code 2023, is amended to read as
34follows:
35144.1 Definitions.
-176- 1As used in this chapter, unless the context otherwise
2requires:
31. “Board” means the state board of health.
42. “Book”, “list”, “record”, or “schedule” kept by a county
5auditor, assessor, treasurer, recorder, sheriff, or other
6county officer means the county system as defined in section
7445.1.
83. 1. “Court of competent jurisdiction” when used to refer
9to inspection of an original certificate of birth based upon an
10adoption means the court where the adoption was ordered.
114. 2. “Cremated remains” means all the remains of the
12cremated human body recovered after the completion of the
13cremation process, including pulverization which leaves only
14bone fragments reduced to unidentifiable dimensions, and may
15include the residue of any foreign matter including casket
16material, bridgework, or eyeglasses that were cremated with the
17human remains.
185. 3. “Cremation” means the technical process, using
19heat and flame, that reduces human remains to bone fragments,
20with the reduction taking place through heat and evaporation.
21Cremation shall include the processing, and may include the
22pulverization, of the bone fragments.
236. 4. “Dead body” means a lifeless human body or parts
24or bones of a body, if, from the state of the body, parts,
25or bones, it may reasonably be concluded that death recently
26occurred.
277. 5. “Department” means the Iowa department of public
28 health and human services.
298. “Division” means a division, within the department, for
30records and statistics.
319. 6. “Fetal death” means death prior to the complete
32expulsion or extraction from its mother of a product of human
33conception, irrespective of the duration of pregnancy. Death
34is indicated by the fact that after expulsion or extraction
35the fetus does not breathe or show any other evidence of life
-177-1such as beating of the heart, pulsation of the umbilical cord,
2or definite movement of voluntary muscles. In determining a
3fetal death, heartbeats shall be distinguished from transient
4cardiac contractions, and respirations shall be distinguished
5from fleeting respiratory efforts or gasps.
610. 7. “Filing” means the presentation of a certificate,
7report, or other record, provided for in this chapter, of a
8birth, death, fetal death, adoption, marriage, dissolution, or
9annulment for registration by the division department.
1011. 8. “Final disposition” means the burial, interment,
11cremation, removal from the state, or other disposition of a
12dead body or fetus.
1312. 9. “Institution” means any establishment, public
14or private, which provides inpatient medical, surgical,
15or diagnostic care or treatment, or nursing, custodial, or
16domiciliary care to two or more unrelated individuals, or to
17which persons are committed by law.
1813. 10. “Live birth” means the complete expulsion or
19extraction from its mother of a product of human conception,
20irrespective of the duration of pregnancy, which, after
21such expulsion or extraction, breathes or shows any other
22evidence of life such as beating of the heart, pulsation of
23the umbilical cord, or definite movement of voluntary muscles,
24whether or not the umbilical cord has been cut or the placenta
25is attached. In determining a live birth, heartbeats shall
26be distinguished from transient cardiac contractions, and
27respirations shall be distinguished from fleeting respiratory
28efforts or gasps.
2911. “Record” kept by a county auditor, assessor, treasurer,
30recorder, sheriff, or other county officer means the county
31system as defined in section 445.1.
3214. 12. “Registration” means the process by which vital
33statistic records are completed, filed, and incorporated by the
34division department in the division’s department’s official
35records.
-178- 115. 13. “State registrar” means the state registrar of
2vital statistics.
316. 14. “System of vital statistics” includes the
4registration, collection, preservation, amendment, and
5certification of vital statistics records, and activities and
6records related thereto to the records including the data
7processing, analysis, and publication of statistical data
8derived from such records.
917. 15. “Vital statistics” means records of births, deaths,
10fetal deaths, adoptions, marriages, dissolutions, annulments,
11and data related thereto to the records.
12 Sec. 247. Section 144.2, Code 2023, is amended to read as
13follows:
14144.2 Division of records Records and statistics.
15There is established in the The department a division for
16records and statistics which shall install, maintain, and
17operate the system of vital statistics throughout the state.
18No system for the registration of births, deaths, fetal deaths,
19adoptions, marriages, dissolutions, and annulments, shall be
20maintained in the state or any of its political subdivisions
21other than the one provided for in this chapter. Suitable
22quarters shall be provided for the division department
23 by the executive council at the seat of government. The
24quarters shall be properly equipped for the permanent and safe
25preservation of all official records made and returned under
26this chapter.
27 Sec. 248. Section 144.4, Code 2023, is amended to read as
28follows:
29144.4 Registrar State registrar.
30The director of public health or the director’s designee
31 shall be the state registrar of vital statistics and shall
32carry out the provisions of this chapter.
33 Sec. 249. Section 144.5, Code 2023, is amended to read as
34follows:
35144.5 Duties of state registrar.
-179- 1The state registrar shall do all of the following:
21. Administer and enforce this chapter and the rules issued
3under this chapter, and issue instructions for the efficient
4administration of the statewide system of vital statistics and
5the division for records and statistics.
62. Direct and supervise the statewide system of vital
7statistics and the division for records and statistics and be
8custodian of its records.
93. Direct, supervise, and control the activities of clerks
10of the district court and county recorders related to the
11operation of the vital statistics system and provide registrars
12with necessary postage.
134. Prescribe, print, and distribute the forms required by
14this chapter and prescribe any other means for transmission of
15data, as necessary to accomplish complete, accurate reporting.
165. Prepare and publish annual reports of vital statistics of
17this state and other reports as may be required.
186. Delegate functions and duties vested in the state
19registrar to officers, to employees of the department, to the
20clerks of the district court, and to the county registrars as
21the state registrar deems necessary or expedient.
227. Provide, by rules, for appropriate morbidity reporting.
23 Sec. 250. Section 144.12A, subsection 4, Code 2023, is
24amended to read as follows:
254. The department shall, upon request, provide the name,
26address, social security number, and any other identifying
27information of a registrant to the biological mother of
28the child; a court; the department of human services; the
29attorney of any party to an adoption, termination of parental
30rights, or establishment of paternity or support action; or
31to the child support recovery unit services for an action to
32establish paternity or support; or any other subunit of the
33department subject to prior approval by the state registrar.
34The information shall not be divulged to any other person and
35shall be considered a confidential record as to any other
-180-1person, except upon order of the court for good cause shown.
2If the registry has not received a declaration of paternity,
3the department shall provide a written statement to that effect
4to the person making the inquiry.
5 Sec. 251. Section 144.13, subsection 4, Code 2023, is
6amended to read as follows:
74. The division state registrar shall make all of the
8following available to the child support recovery unit
9 services, upon request:
10a. A copy of a child’s birth certificate.
11b. The social security numbers of the mother and the father.
12c. A copy of the affidavit of paternity if filed pursuant
13to section 252A.3A and any subsequent rescission form which
14rescinds the affidavit.
15d. Information, other than information for medical and
16health use only, identified on a child’s birth certificate or
17on an affidavit of paternity filed pursuant to section 252A.3A.
18The information may be provided as mutually agreed upon by the
19division state registrar and the child support recovery unit
20 services, including by automated exchange.
21 Sec. 252. Section 144.13A, subsection 5, paragraph a, Code
222023, is amended to read as follows:
23a. Ten dollars of each registration fee is appropriated and
24shall be used for primary and secondary child abuse prevention
25programs pursuant to section 235A.1, and ten dollars of each
26registration fee is appropriated and shall be used for the
27center for congenital and inherited disorders central registry
28established pursuant to section 136A.6. Notwithstanding
29section 8.33, moneys appropriated in this paragraph that remain
30unencumbered or unobligated at the close of the fiscal year
31shall not revert but shall remain available for expenditure
32for the purposes designated until the close of the succeeding
33fiscal year, and shall not be transferred, used, obligated,
34appropriated, or otherwise encumbered except as provided in
35this paragraph.
-181-1 Sec. 253. Section 144.26, Code 2023, is amended to read as
2follows:
3144.26 Death certificate.
41. a. A death certificate for each death which occurs
5in this state shall be filed as directed by the state
6registrar within three days after the death and prior to final
7disposition, and shall be registered by the county registrar
8if it has been completed and filed in accordance with this
9chapter. A death certificate shall include the social security
10number, if provided, of the deceased person. All information
11including the certifying physician’s, physician assistant’s,
12or advanced registered nurse practitioner’s name shall be
13typewritten.
14b. A physician assistant or an advanced registered nurse
15practitioner authorized to sign a death certificate shall be
16licensed in this state and shall have been in charge of the
17deceased patient’s care.
182. All information included on a death certificate may
19be provided as mutually agreed upon by the division state
20registrar and the child support recovery unit services,
21including by automated exchange.
223. a. The county in which a dead body is found is the
23county of death. If death occurs in a moving conveyance,
24the county in which the dead body is first removed from the
25conveyance is the county of death.
26b. If a decedent died outside of the county of the
27decedent’s residence, the state registrar shall send a copy
28of the decedent’s death certificate and any amendments to the
29county registrar of the county of the decedent’s residence.
30The county registrar shall record a death certificate received
31pursuant to this paragraph in the same records in which the
32death certificate of a decedent who died within the county
33is recorded. The state registrar may provide the county
34registrars with electronic access to vital records in lieu of
35the requirements of this paragraph.
-182- 14. a. The department shall establish by rule procedures
2for making a finding of presumption of death when no body
3can be found. The department shall also provide by rule
4the responsibility for completing and signing the medical
5certification of cause of death in such circumstances. The
6presumptive death certificate shall be in a form prescribed by
7the state registrar and filed in the county where the death was
8presumed to occur.
9b. The division department shall provide for the correction,
10substitution, or removal of a presumptive death certificate
11when the body of the person is later found, additional facts
12are discovered, or the person is discovered to be alive.
135. Upon the activation of an electronic death record system,
14each person with a duty related to death certificates shall
15participate in the electronic death record system. A person
16with a duty related to a death certificate includes but is not
17limited to a physician as defined in section 135.1, a physician
18assistant, an advanced registered nurse practitioner, a funeral
19director, and a county recorder.
20 Sec. 254. Section 144.29A, subsection 1, paragraph c, Code
212023, is amended to read as follows:
22c. The maternal health services region of the Iowa
23 department of public health and human services, as designated
24as of July 1, 1997, in which the patient resides.
25 Sec. 255. Section 144.36, subsection 1, Code 2023, is
26amended to read as follows:
271. A certificate recording each marriage performed in
28this state shall be filed with the state registrar. The
29county registrar shall prepare the certificate on the form
30furnished by the state registrar upon the basis of information
31obtained from the parties to be married, who shall attest to
32the information by their signatures. The county registrar in
33each county shall keep a record book for marriages of marriage
34certificates as required by the state registrar. The form of
35marriage record books shall be uniform throughout the state. A
-183-1properly indexed permanent record of marriage certificates upon
2microfilm, electronic computer, or data processing equipment
3may be kept in lieu of marriage record books.
4 Sec. 256. Section 144.37, Code 2023, is amended to read as
5follows:
6144.37 Dissolution and annulment records.
71. For each dissolution or annulment of marriage granted
8by any court in this state, a record shall be prepared by
9the clerk of court or by the petitioner or the petitioner’s
10legal representative if directed by the clerk and filed by
11the clerk of court with the state registrar. The information
12necessary to prepare the report record shall be furnished with
13the petition, to the clerk of court by the petitioner or the
14petitioner’s legal representative, on forms supplied by the
15state registrar.
162. The clerk of the district court in each county shall
17keep a record book for maintain the records of dissolutions and
18annulments of marriage as required by the state registrar. The
19form of dissolution record books shall be uniform throughout
20the state. A properly indexed record of dissolutions upon
21microfilm, electronic computer, or data processing equipment
22may be kept in lieu of dissolution record books.
233. On or before the tenth day of each calendar month, the
24clerk of court shall forward to the state registrar the record
25of each dissolution and annulment granted during the preceding
26calendar month and related reports required by regulations
27issued under this chapter.
28 Sec. 257. Section 144.43, subsection 3, paragraph b, Code
292023, is amended to read as follows:
30b. The following vital statistics records in the custody
31of the state archivist may be inspected and copied as of right
32under chapter 22:
33(1) A record of birth that if the record is at least
34seventy-five years old or upon proof of entitlement to the
35record.
-184- 1(2) A record of marriage that if the record is at least
2seventy-five years old or upon proof of entitlement to the
3record.
4(3) A record of divorce, dissolution of marriage,
5or annulment of marriage that if the record is at least
6seventy-five years old or upon proof of entitlement to the
7record.
8(4) A record of death or fetal death, either of which if the
9record is at least fifty years old or upon proof of entitlement
10to the record.
11 Sec. 258. Section 144A.2, subsection 5, Code 2023, is
12amended to read as follows:
135. “Department” means the Iowa department of public health
14and human services.
15 Sec. 259. Section 144D.1, subsection 2, Code 2023, is
16amended to read as follows:
172. “Department” means the department of public health and
18human services.
19 Sec. 260. Section 146A.1, subsection 1, paragraph d,
20subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
21to read as follows:
22That the woman has been provided information regarding all
23of the following, based upon the materials developed by the
24department of public health and human services pursuant to
25subparagraph (2):
26 Sec. 261. Section 146A.1, subsection 1, paragraph d,
27subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
28to read as follows:
29The department of public health and human services shall
30make available to physicians, upon request, all of the
31following information:
32 Sec. 262. Section 146B.1, subsection 3, Code 2023, is
33amended to read as follows:
343. “Department” means the department of public health and
35human services.
-185-1 Sec. 263. Section 147.77, Code 2023, is amended to read as
2follows:
3147.77 Powers, privileges, rights, or duties provided by rule
4— applicability to physician assistants.
51. The following agencies that adopt rules pursuant to
6chapter 17A providing a power, privilege, right, or duty to
7a physician licensed under chapter 148 or other profession
8licensed under this subtitle relating to the following subjects
9shall, consistent with the scope of practice of physician
10assistants licensed under chapter 148C, and unless otherwise
11inconsistent with state or federal law, provide the same power,
12privilege, right, or duty by rule to a physician assistant
13licensed under chapter 148C:
14a. The department of administrative services, with respect
15to rules relating to the following:
16(1) Retroactive conversion of vacation time to sick leave
17for vacation time spent under the care of a physician.
18(2) Certification of a catastrophic illness by a physician
19for purposes of donation of leave and second medical
20opinions and updates sought from a physician relating to such
21certifications.
22b. The department on aging, with respect to rules relating
23to a written order from a physician for an older individual
24requesting a therapeutic diet, and the interpretation of such
25orders.
26c. b. The department of corrections, with respect to rules
27relating to the following:
28(1) That a parolee shall not use, purchase, possess, or
29transfer any drugs unless prescribed by a physician.
30(2) That a serious medical need is one that has been
31diagnosed by a physician as requiring treatment or is one so
32obvious that a lay person would easily recognize the necessity
33for a physician’s attention.
34(3) That each jail shall have a designated licensed
35physician, licensed osteopathic physician, or medical resource
-186-1designated for the medical supervision, care, and treatment of
2prisoners as deemed necessary and appropriate.
3(4) That prescription medication, as ordered by a licensed
4physician, licensed osteopathic physician, or licensed dentist
5shall be provided in accordance with the directions of the
6prescribing physician or dentist. Prisoners with medication
7from a personal physician, osteopathic physician, or dentist
8may be evaluated by a physician, osteopathic physician, or
9dentist selected by the jail administrator to determine if the
10present medication is appropriate.
11(5) That expired drugs or drugs not in unit dose packaging,
12whose administration had been discontinued by the attending
13physician, shall be destroyed by the jail administrator or
14designee in the presence of a witness.
15(6) That special diets in jails prescribed by a physician
16shall be followed and documented, that the physician who
17prescribes the special diet shall specify a date on which the
18diet will be reviewed for renewal or discontinuation, and that
19unless specified by the prescribing physician, a certified
20dietitian shall develop the menu.
21(7) That special diets prescribed by a physician for the
22care and treatment of juveniles in nonsecure hold shall be
23followed and documented.
24(8) For medical services in temporary holding facilities,
25that a serious medical need is one that has been diagnosed by
26a physician as requiring treatment or one that is so obvious
27that a lay person would easily recognize the necessity for a
28physician’s attention.
29(9) For medical resources in temporary holding facilities,
30that each facility shall have a designated licensed physician,
31licensed osteopathic physician, or medical resource designated
32for the medical supervision, care, and treatment of detainees
33as deemed necessary and appropriate.
34(10) Medication procedures in temporary holding facilities,
35that prescription medication, as ordered by a licensed
-187-1physician, licensed osteopathic physician, or licensed dentist
2shall be provided in accordance with the directions of the
3prescribing physician or dentist. Detainees with medication
4from a personal physician, osteopathic physician, or dentist
5may be evaluated by a physician, osteopathic physician, or
6dentist selected by the facility administrator to determine if
7the present medication is appropriate.
8(11) For medication storage in temporary holding
9facilities, that expired drugs or drugs not in unit dose
10packaging, whose administration had been discontinued by
11the attending physician, shall be destroyed by the facility
12administrator or designee in the presence of a witness.
13(12) For medical diets in temporary holding facilities,
14that special diets as prescribed by a physician shall be
15followed and documented.
16(13) For medical care and treatment for juveniles in
17nonsecure holds in temporary holding facilities, that special
18diets as prescribed by a physician shall be followed and
19documented.
20d. c. The economic development authority, with respect
21to rules relating to the certification of a person with a
22disability for the purpose of the targeted small business
23program, that in order to be considered a person with a
24disability for the purpose of the targeted small business
25program, the person must qualify and receive certification as
26having a disability from a licensed medical physician or must
27have been found eligible for vocational rehabilitation services
28by the department of education workforce development, division
29of vocational rehabilitation services, or by the department for
30the blind.
31e. d. The department of education, with respect to rules
32relating to the following:
33(1) For statements relating to medication administration
34policies, that a statement that persons administering
35medication shall include authorized practitioners, such as
-188-1licensed registered nurses and physicians, and persons to whom
2authorized practitioners have delegated the administration
3of prescription and nonprescription drugs. Individuals
4shall self-administer asthma or other airway constricting
5disease medication or possess and have use of an epinephrine
6auto-injector with parent and physician consent on file,
7without the necessity of demonstrating competency to
8self-administer these medications.
9(2) For medication administration courses relating
10to medication administration policies, that a medication
11administration course be conducted by a registered nurse
12or licensed pharmacist and include an annual medication
13administration procedural skills check completed with a
14registered nurse or pharmacist.
15(3) For school-based youth services programs, that
16preventive and primary health care services shall be delivered
17by specifically credentialed providers as specified.
18f. e. The department of health and human services, with
19respect to rules relating to the following:
20(1) That an incident for purposes of accreditation
21of providers of services to persons with mental illness,
22intellectual disabilities, or developmental disabilities
23includes but is not limited to an occurrence involving the
24individual using the service that results in a physical injury
25to or by the individual that requires a physician’s treatment
26or admission to a hospital.
27(2) That a mental health professional, for purposes
28of accreditation of providers of services to persons with
29mental illness, intellectual disabilities, or developmental
30disabilities, includes a medical professional licensed in this
31state, provided that the professional otherwise meets all of
32the conditions to qualify as a mental health professional.
33(3) That home health aide services for purposes of
34disability services management and regional services may
35include medications specifically ordered by a physician.
-189- 1(4) That payment relating to the state supplementary
2assistance program for residential care shall only be made when
3there is on file an order written by a physician certifying
4that the applicant or recipient being admitted requires
5residential care but does not require nursing services.
6(5) That a case folder for a facility participating in
7the state supplementary assistance program must include a
8physician’s statement certifying that a resident does not
9require nursing services.
10(6) That personnel providing psychological evaluations
11and counseling or psychotherapy services for area education
12agencies under the medical assistance program include specified
13professions endorsed, licensed, or registered in this state,
14provided that the professional otherwise meets all of the
15conditions to qualify as a mental health professional.
16(7) That personnel providing psychological evaluations and
17counseling or psychotherapy services for providers of infant
18and toddler program services under the medical assistance
19program include specified professions endorsed, licensed,
20or registered in this state, provided that the professional
21otherwise meets all of the conditions to qualify as a mental
22health professional.
23(8) That personnel providing other services for providers
24of infant and toddler program services under the medical
25assistance program include specified professions recognized,
26endorsed, or licensed in this state, provided that the
27professional otherwise meets all of the conditions to qualify
28as a mental health professional.
29(9) That personnel providing psychological evaluations
30and counseling or psychotherapy services for providers of
31local education agency services under the medical assistance
32program include specified professions endorsed, licensed,
33or registered in this state, provided that the professional
34otherwise meets all of the conditions to qualify as a mental
35health professional.
-190- 1(10) That personnel providing other services for providers
2of local education agency services under the medical assistance
3program include specified professions recognized, endorsed,
4or licensed in this state, provided that the professional
5otherwise meets all of the conditions to qualify as a mental
6health professional.
7(11) For payment for medically necessary home health agency
8services under the medical assistance program, that payment
9shall be approved for medically necessary home health agency
10services prescribed by a physician in a plan of home health
11care provided by a Medicare-certified home health agency.
12(12) For authorization for medically necessary home health
13agency services under the medical assistance program, that
14services shall be authorized by a physician, evidenced by the
15physician’s signature and date on a plan of treatment.
16(13) For treatment plans of home health agencies under the
17medical assistance program, that a member’s medical condition
18shall be reflected by the date last seen by a physician, if
19available.
20(14) For items included in treatment plans of home health
21agencies under the medical assistance program, that a plan of
22care shall include a physician’s signature and date and that
23the plan of care must be signed and dated by the physician
24before the claim for service is submitted for reimbursement.
25(15) For skilled nursing services provided by a home health
26agency under the medical assistance program, that medical
27documentation shall be submitted justifying the need for
28continued visits, including the physician’s estimate of the
29length of time that additional visits will be necessary, and
30that daily skilled nursing visits or multiple daily visits for
31wound care or insulin injections shall be covered when ordered
32by a physician and included in the plan of care.
33(16) For physical therapy services provided by a home health
34agency under the medical assistance program, that payment shall
35be made for physical therapy services when the services follow
-191-1a treatment plan established by the physician after any needed
2consultation with the qualified physical therapist.
3(17) For occupational therapy services provided by a
4home health agency under the medical assistance program,
5that payment shall be made for occupational therapy services
6when the services follow a treatment plan established by the
7physician.
8(18) For speech therapy services provided by a home health
9agency under the medical assistance program, that payment shall
10be made for speech therapy services when the services follow a
11treatment plan established by the physician.
12(19) For home health aide services provided by a home health
13agency under the medical assistance program, that the service
14as well as the frequency and duration are stated in a written
15plan of treatment established by a physician.
16(20) For home health aide services provided by a home health
17agency under the medical assistance program, that services
18provided for specified durations when ordered by a physician
19and included in a plan of care shall be allowed as intermittent
20services.
21(21) For home health aide services provided by a home health
22agency under the medical assistance program, that personal
23care services include helping the member take medications
24specifically ordered by a physician.
25(22) For private duty nursing or personal care services for
26persons aged twenty and under, under the medical assistance
27program, that private duty nursing services are those services
28which are provided by a registered nurse or a licensed
29practical nurse under the direction of the member’s physician
30to a member in the member’s place of residence or outside the
31member’s residence, when normal life activities take the member
32outside the place of residence.
33(23) For private duty nursing or personal care services for
34persons aged twenty and under, under the medical assistance
35program, that services shall be provided according to a written
-192-1plan of care authorized by a licensed physician.
2(24) For private duty nursing or personal care services for
3persons aged twenty and under, under the medical assistance
4program, that personal care services are those services
5provided by a home health aide or certified nurse’s aide and
6which are delegated and supervised by a registered nurse under
7the direction of the member’s physician to a member in the
8member’s place of residence or outside the member’s residence,
9when normal life activities take the member outside the place
10of residence, and that these services shall be in accordance
11with the member’s plan of care and authorized by a physician.
12(25) For requirements for private duty nursing or personal
13care services for persons aged twenty and under, under the
14medical assistance program, that private duty nursing or
15personal care services shall be ordered in writing by a
16physician as evidenced by the physician’s signature on the plan
17of care.
18(26) For obtaining prescription medications for children in
19juvenile detention and shelter care homes, that prescription
20medication provided to residents shall be dispensed only from a
21licensed pharmacy in this state in accordance with state law,
22from a licensed pharmacy in another state according to the laws
23of that state, or by a licensed physician.
24(27) For health and dental programs provided by agencies
25providing foster care services, that a child’s physical
26examination shall be performed by a licensed physician or
27licensed nurse practitioner.
28(28) For health and dental programs provided by agencies
29providing foster care services, that if documentation of prior
30immunization is unavailable, immunizations required by the
31department of public health shall begin within thirty days of
32placement, unless contraindicated and unless a statement from
33a physician to that effect is included in the child’s medical
34record, and that a statement from a physician, referring
35agency, parent, or guardian indicating immunizations are
-193-1current is sufficient documentation of immunizations.
2(29) For the dispensing, storage, authorization, and
3recording of medications in child care centers, that all
4medications shall be stored in their original containers, with
5accompanying physician or pharmacist’s directions and label
6intact and stored so they are inaccessible to children and the
7public.
8(30) For an infants’ area in a child care center, that
9upon the recommendation of a child’s physician or the area
10education agency serving the child, a child who is two years
11of age or older with a disability that results in significant
12developmental delays in physical and cognitive functioning who
13does not pose a threat to the safety of the infants may, if
14appropriate and for a limited time approved by the department,
15remain in the infant area.
16(31) For facility requirements for a child development
17home, that the telephone number for each child’s physician
18shall be written on paper and readily accessible by the
19telephone.
20(32) For medications and hazardous materials in a child
21development home, that medications shall be given only with
22the parent’s or doctor’s written authorization, and that each
23prescribed medication shall be accompanied by a physician’s or
24pharmacist’s direction.
25(33) For medical reports regarding the health of a family
26in a family life home, that a medical report shall provide
27significant findings of a physician, such as the presence or
28absence of any communicable disease.
29(34) For medical reexaminations of a family in a family
30life home, that medical reexaminations may be required at the
31discretion of a physician.
32(35) For medical examinations of a client in a family life
33home, that a physician shall certify that the client is free
34from any communicable disease and does not require a higher
35level of care than that provided by a family life home.
-194- 1(36) For the records of a client in a family life home,
2that the family shall have available at all times, the name,
3address, and telephone number of the client’s physician.
4(37) For the facility requirements for a child care home,
5that the telephone number for each child’s physician shall be
6written on paper and readily accessible by the telephone.
7(38) For the administration of medications at a child care
8home, that medications shall be given only with the parent’s or
9doctor’s written authorization and each prescribed medication
10shall be accompanied by a physician’s or pharmacist’s
11direction.
12(39) For payments for foster care, that an intellectual
13disabilities professional includes specified professions,
14provided that the professional otherwise meets all of
15the conditions to qualify as an intellectual disabilities
16professional.
17(40) For payments for foster care, that a mental health
18professional includes specified professions, provided that the
19professional otherwise meets all of the conditions to qualify
20as a mental health professional.
21(41) For the subsidized adoption program, that a qualified
22intellectual disability professional includes specified
23professions, provided that the professional otherwise meets
24all of the conditions to qualify as a qualified intellectual
25disability professional.
26(42) For the subsidized adoption program, that a qualified
27mental health professional includes specified professions,
28provided that the professional otherwise meets all of
29the conditions to qualify as a qualified mental health
30professional.
31(43) For the information provided to a foster care provider
32by a department worker at the time of placement, that the
33information shall include the names, addresses, and telephone
34numbers of the child’s physician and dentist.
35(44) A written order from a physician for an older
-195-1individual requesting a therapeutic diet, and the
2interpretation of such orders.
3(45) That “impaired glucose tolerance”, for purposes of
4outpatient diabetes education programs, means a condition in
5which blood glucose levels are higher than normal, diagnosed by
6a physician, and treated with a food plan, exercise, or weight
7control.
8(46) For instructors for programs not recognized by the
9American diabetes association or accredited by the American
10association of diabetes educators, that the primary instructors
11shall be one or more of specified health care professionals who
12are knowledgeable about the disease process of diabetes and the
13treatment of diabetes.
14(47) For the written form for participation in the
15prescription drug donation repository program, that the form
16shall include the name and telephone number of the responsible
17pharmacist, physician, or nurse practitioner who is employed
18by or under contract with the pharmacy or medical facility,
19and shall also include a statement, signed and dated by the
20responsible pharmacist, physician, or nurse practitioner,
21indicating that the pharmacy or medical facility meets the
22eligibility requirements and shall comply with the requirements
23established by rule.
24(48) For the dispensing of donated prescription drugs and
25supplies, that donated drugs and supplies may be dispensed
26only if the drugs or supplies are prescribed by a health
27care practitioner for use by an eligible individual and
28are dispensed by a licensed pharmacist, physician, or nurse
29practitioner.
30g. f. The department of inspections and appeals, with
31respect to rules relating to the following:
32(1) For the qualifications of an attending physician at a
33hospice, that the person shall have an active Iowa license to
34practice medicine.
35(2) For residential care facilities for persons with
-196-1intellectual disabilities, that a qualified intellectual
2disability professional includes specified professions,
3provided that the professional otherwise meets all of the
4conditions to qualify as a qualified intellectual disability
5professional.
6(3) For nursing facilities, that a qualified intellectual
7disabilities professional includes specified professions,
8provided that the professional otherwise meets all of the
9conditions to qualify as a qualified intellectual disabilities
10professional.
11(4) For intermediate care facilities for persons with
12mental illness, that a qualified mental health professional
13includes specified professions, provided that the professional
14otherwise meets all of the conditions to qualify as a qualified
15mental health professional.
16(5) For notifications submitted to the department from
17a subacute mental health care facility in the event of an
18accident causing a major injury, including as a major injury an
19injury which requires consultation with the attending physician
20or designee of the physician or advanced registered nurse
21practitioner who determines that an injury is a major injury.
22h. g. The racing and gaming commission, with respect to
23rules relating to the following:
24(1) For the grounds for denial, suspension, or revocation
25of an occupational or vendor license, that a license shall be
26denied if the applicant has a history of mental illness without
27demonstrating successful treatment by a licensed medical
28physician.
29(2) For the qualifications for jockeys, that a jockey shall
30pass a physical examination by a licensed physician affirming
31fitness to participate as a jockey.
32(3) For the regulation of licensees in restricted areas of
33a racing facility, that licensees whose duties require them to
34be in a restricted area of a racing facility shall not have
35present within their systems any controlled substance as listed
-197-1in schedules I to V of U.S.C. Tit.21 (Food and Drug Section
2812), chapter 124, or any prescription drug unless it was
3obtained directly or pursuant to valid prescription or order
4from a duly licensed physician who is acting in the course of
5professional practice.
6i. h. The Iowa law enforcement academy, with respect to
7rules relating to the following:
8(1) For the minimum standards for law enforcement officers,
9that an officer is examined by a licensed physician or surgeon.
10(2) For hiring standards must be reverified if an individual
11is not hired by an Iowa law enforcement agency during a
12specified period of time following completion of the course
13of study, that the individual must be examined by a licensed
14physician or surgeon.
15(3) For the selection or appointment of reserve peace
16officers, that the person shall be examined by a licensed
17physician or surgeon.
18j. i. The natural resource commission, with respect to
19rules relating to the following:
20(1) That the grounds for revoking or suspending an
21instructor license include participation in a course while
22ingesting prescription medication in a manner contrary to the
23dosing directions given by the prescribing physician.
24(2) For applications for use of a crossbow for deer and
25turkey hunting by handicapped individuals, that an application
26must include a statement signed by the applicant’s physician
27declaring that the individual is not physically capable of
28shooting a bow and arrow.
29(3) For authorization for the use of a crossbow for deer
30and turkey hunting by handicapped individuals, that if a
31conservation officer has probable cause to believe the person’s
32handicapped status has improved, making it possible for the
33person to shoot a bow and arrow, the department of natural
34resources may, upon the officer’s request, require the person
35to obtain in writing a current physician’s statement.
-198- 1(4) For licenses for nonresidents to participate in a
2special deer hunting season for severely disabled persons,
3that a nonresident applying for the license must have on file
4with the department of natural resources either a copy of a
5disabilities parking permit issued by a state department of
6transportation or an Iowa department of natural resources form
7signed by a physician that verifies their disability.
8k. The Iowa department of public health, with respect to
9rules relating to the following:
10(1) That “impaired glucose tolerance”, for purposes of
11outpatient diabetes education programs, means a condition in
12which blood glucose levels are higher than normal, diagnosed by
13a physician, and treated with a food plan, exercise, or weight
14control.
15(2) For instructors for programs not recognized by the
16American diabetes association or accredited by the American
17association of diabetes educators, that the primary instructors
18shall be one or more of specified health care professionals who
19are knowledgeable about the disease process of diabetes and the
20treatment of diabetes.
21(3) For the written form for participation in the
22prescription drug donation repository program, that the form
23shall include the name and telephone number of the responsible
24pharmacist, physician, or nurse practitioner who is employed
25by or under contract with the pharmacy or medical facility,
26and shall also include a statement, signed and dated by the
27responsible pharmacist, physician, or nurse practitioner,
28indicating that the pharmacy or medical facility meets the
29eligibility requirements and shall comply with the requirements
30established by rule.
31(4) For the dispensing of donated prescription drugs and
32supplies, that donated drugs and supplies may be dispensed
33only if the drugs or supplies are prescribed by a health
34care practitioner for use by an eligible individual and
35are dispensed by a licensed pharmacist, physician, or nurse
-199-1practitioner.
2l. j. The department of public safety, with respect to
3rules relating to permits to carry weapons, that a person who
4is an unlawful user of or addicted to any controlled substance
5includes any person who is a current user of a controlled
6substance in a manner other than as prescribed by a licensed
7physician.
8m. k. The department of transportation, with respect
9to rules relating to exemptions from motor vehicle window
10transparency requirements, that a motor vehicle fitted with
11a front windshield, a front side window, or a front sidewing
12with less than seventy percent but not less than thirty-five
13percent light transmittance before July 4, 2012, may continue
14to be maintained and operated with a front windshield, a front
15side window, or a front sidewing with less than seventy percent
16but not less than thirty-five percent light transmittance on or
17after July 4, 2012, so long as the vehicle continues to be used
18for the transport of a passenger or operator who documented in
19the manner specified by the department a medical need for such
20reduced transparency, which document was signed by the person’s
21physician before July 4, 2012.
22n. l. The Iowa department of veterans affairs, with respect
23to rules relating to expenses relating to the purchase of
24durable equipment or services, that individuals requesting
25reimbursement who need durable equipment as a medical necessity
26should provide information from a physician.
27o. m. The department of workforce development, with respect
28to rules relating to the following:
29(1) That a voluntary quit shall be presumed to be without
30good cause attributable to the employer for purposes of
31unemployment compensation if a claimant left employment because
32of illness or injury which was not caused or aggravated by the
33employment or pregnancy and failed to obtain the advice of a
34licensed and practicing physician, obtain certification of
35release for work from a licensed and practicing physician, or
-200-1return to the employer and offer services upon recovery and
2certification for work by a licensed and practicing physician.
3(2) That for purposes of unemployment compensation, it is
4a reason for a claimant leaving employment with good cause
5attributable to the employer if the claimant left employment
6because of illness, injury, or pregnancy upon the advice of
7a licensed and practicing physician, and upon recovery, when
8recovery was certified by a licensed and practicing physician,
9the claimant returned and offered to perform services to the
10employer, but no suitable, comparable work was available.
11(3) That for purposes of unemployment compensation it is
12a reason for a claimant leaving employment with good cause
13attributable to the employer if the claimant left employment
14upon the advice of a licensed and practicing physician for the
15sole purpose of taking a family member to a place having a
16different climate and subsequently returned to the claimant’s
17regular employer and offered to perform services, but the
18claimant’s regular or comparable work was not available.
19p. n. The labor services division of the department of
20workforce development, with respect to rules relating to the
21following:
22(1) For the disclosure of a trade secret relating to a
23hazardous chemical during a medical emergency, that where a
24treating physician or nurse determines that a medical emergency
25exists and the specific chemical identity of a hazardous
26chemical is necessary for emergency or first-aid treatment, the
27chemical manufacturer, importer, or employer shall immediately
28disclose the specific chemical identity of a trade secret
29chemical to that treating physician or nurse, regardless of the
30existence of a written statement of need or a confidentiality
31agreement.
32(2) For the disclosure of a trade secret relating to
33a hazardous chemical in a nonemergency situation, that in
34nonemergency situations, a chemical manufacturer, importer,
35or employer shall, upon request, disclose a specific chemical
-201-1identity, otherwise permitted to be withheld by rule, to a
2specified health professional providing medical or other
3occupational health services to exposed employees or designated
4representatives in specified circumstances.
5(3) For applications for a license to practice asbestos
6removal, that except as noted in rule, only worker and
7contractor/supervisor license applicants must submit the
8respiratory protection and physician’s certification forms.
9(4) For documentation held by persons licensed for asbestos
10abatement in an area that is subject to a disaster emergency
11proclamation, that the labor commissioner deems an individual
12contractor, supervisor, or worker to be licensed and authorized
13for asbestos abatement if the individual, in addition to other
14specified conditions, makes immediately available on the
15work site a copy of a physician’s statement indicating that,
16consistent with federal law, a licensed physician has examined
17the individual within the past twelve months and approved the
18individual to work while wearing a respirator.
19(5) That the contents of an application for an event
20license for a covered athletic event other than a professional
21wrestling event shall contain, along with other requirements,
22a copy of the medical license of the ringside physician and
23the date, time, and location of the ringside physician’s
24examination of the contestants.
25(6) For the responsibilities of the promoter of an athletic
26event, that the promoter submit test results to the ringside
27physician no later than at the time of the physical showing
28that each contestant scheduled for the event tested negative
29for the human immunodeficiency, hepatitis B, and hepatitis C
30viruses within the one-year period prior to the event, and that
31the contestant shall not participate and the physician shall
32notify the promoter that the contestant is prohibited from
33participating for medical reasons if specified circumstances
34occur.
35(7) For injuries during a professional boxing match, that if
-202-1a contestant claims to be injured during the bout, the referee
2shall stop the bout and request the attending physician to make
3an examination. If the physician decides that the contestant
4has been injured as the result of a foul, the physician shall
5advise the referee of the injury. If the physician is of the
6opinion that the injured contestant may be able to continue,
7the physician shall order an intermission, after which the
8physician shall make another examination and again advise
9the referee of the injured contestant’s condition. It shall
10be the duty of the promoter to have an approved physician in
11attendance during the entire duration of all bouts.
12(8) For persons allowed in a ring during a professional
13boxing match, that no person other than the contestants and the
14referee shall enter the ring during the bout, excepting the
15seconds between the rounds or the attending physician if asked
16by the referee to examine an injury to a contestant.
17(9) For the weighing of contestants in a professional boxing
18match, that contestants shall be weighed and examined on the
19day of the scheduled match by the attending ring physician at a
20time and place to be determined by the commissioner.
21(10) For attending ring physicians during a professional
22boxing match, that when a boxer has been injured seriously,
23knocked out, or technically knocked out, the referee shall
24immediately summon the attending ring physician to aid the
25stricken boxer, and that managers, handlers, and seconds shall
26not attend to the stricken boxer, except at the request of the
27physician.
28(11) For the keeping of time during a professional boxing
29match, that the timekeeper shall keep an exact record of time
30taken out at the request of a referee for an examination of a
31contestant by the physician.
32(12) For the suspension of contestants during a
33professional boxing match that is an elimination tournament,
34that a contestant who for specified reasons is not permitted
35to box in the state for a period of time shall be examined by a
-203-1physician approved by the commissioner before being permitted
2to fight again.
3(13) For the designation of officials for professional
4kickboxing, that the designation of physicians is subject to
5the approval of the commissioner or designee.
6(14) For officials for a mixed martial arts event, that
7officials shall include a physician.
8(15) For the keeping of time for a mixed martial arts
9event, that the timekeeper shall keep an exact record of time
10taken out at the request of a referee for an examination of a
11contestant by the physician.
12(16) For persons allowed in the cage during a mixed martial
13arts event, that a physician may enter the cage to examine a
14contestant upon the request of the referee.
15(17) For the decorum of persons involved in a mixed martial
16arts event, that a contestant is exempt from prohibitions on
17specified conduct while interacting with the contestant’s
18opponent during a round, but if the round is stopped by the
19physician or referee for a time out, the prohibitions shall
20apply to the contestant.
21(18) For the examination of contestants in a mixed martial
22arts event, that on the day of the event, at a time and place
23to be approved by the commissioner, the ringside physician
24shall conduct a rigorous physical examination to determine the
25contestant’s fitness to participate in a mixed martial arts
26match, and that a contestant deemed not fit by the physician
27shall not participate in the event.
28(19) For injuries during a mixed martial arts event, that if
29a contestant claims to be injured or when a contestant has been
30injured seriously or knocked out, the referee shall immediately
31stop the fight and summon the attending ring physician to make
32an examination of the stricken fighter. If the physician
33decides that the contestant has been injured, the physician
34shall advise the referee of the severity of the injury. If
35the physician is of the opinion the injured contestant may be
-204-1able to continue, the physician shall order an intermission,
2after which the physician shall make another examination and
3again advise the referee of the injured contestant’s condition.
4Managers, handlers, and seconds shall not attend to the
5stricken fighter, except at the request of the physician.
62. This section shall not be construed to expand, diminish,
7or otherwise modify the scope of practice of any profession
8licensed under this subtitle.
93. The rulemaking requirements provided in this section
10shall not be construed to prohibit the agencies listed in
11subsection 1 from engaging in further rulemaking not in
12conflict with this section or state or federal law relating to
13the subject matter of this section or to otherwise diminish the
14authority to engage in rulemaking provided to those agencies by
15any other statute.
16 Sec. 264. Section 147A.1, subsections 1 and 2, Code 2023,
17are amended to read as follows:
181. “Department” means the Iowa department of public health
19and human services.
202. “Director” means the director of the Iowa department of
21public health and human services.
22 Sec. 265. Section 147A.21, subsections 2 and 3, Code 2023,
23are amended to read as follows:
242. “Department” means the Iowa department of public health
25and human services.
263. “Director” means the director of public health and human
27services.
28 Sec. 266. Section 147A.24, subsection 1, paragraph d, Code
292023, is amended to read as follows:
30d. Department of public health and human services.
31 Sec. 267. Section 147C.1, subsection 2, paragraph c, Code
322023, is amended to read as follows:
33c. “Alternative program” means a nondisciplinary monitoring
34or practice remediation process approved by a physical therapy
35licensing board. This includes but is not limited to substance
-205-1abuse use disorder issues.
2 Sec. 268. Section 147D.1, subsection 2, paragraph c, Code
32023, is amended to read as follows:
4c. “Alternative program” means a voluntary, nondisciplinary
5substance abuse use disorder recovery program approved by a
6state emergency medical services authority.
7 Sec. 269. Section 147E.1, subsection 2, paragraph k, Code
82023, is amended to read as follows:
9k. “Impaired practitioner” means individuals whose
10professional practice is adversely affected by substance abuse
11 use disorder, addiction, or other health-related conditions.
12 Sec. 270. Section 147F.1, subsection 2, paragraph n, Code
132023, is amended to read as follows:
14n. “Impaired practitioner” means an individual whose
15professional practice is adversely affected by substance abuse
16 use disorder, addiction, or other health-related conditions.
17 Sec. 271. Section 152.5A, Code 2023, is amended to read as
18follows:
19152.5A Student record checks.
201. For the purposes of this section:
21a. “Comprehensive preliminary background check” means the
22same as defined in section 135C.1.
23b. “Nursing program” means a nursing program that is
24approved by the board pursuant to section 152.5.
25c. “Record check evaluation system” means the same as
26defined in section 135C.1.
27c. d. “Student” means a person applying for, enrolled in,
28or returning to the clinical education component of a nursing
29program.
302. Prior to a student beginning or returning to a nursing
31program, the nursing program shall do one of the following in
32substantial conformance with the provisions of section 135C.33:
33a. Request that the department of public safety perform a
34criminal history check and the record check evaluation system
35of the department of health and human services perform child
-206-1and dependent adult abuse record checks of the student in this
2state.
3b. Access the single contact repository to perform the
4required record checks.
53. a. If a program accesses the single contact repository
6to perform the required record checks pursuant to subsection
72, the program may utilize a third-party vendor to perform
8a comprehensive preliminary background check to allow a
9student to provisionally participate in the clinical education
10component of the nursing program pending completion of the
11required record checks through the single contact repository
12and the evaluation by the department of human services record
13check evaluation system, as applicable, subject to all of the
14following:
15(1) If the comprehensive preliminary background check
16determines that the student being considered for provisional
17participation has been convicted of a crime, but the crime does
18not constitute a felony as defined in section 701.7 and is not
19a crime specified pursuant to chapter 708, 708A, 709, 709A,
20710, 710A, 711, or 712, or pursuant to section 726.3, 726.27,
21or 726.28.
22(2) If the comprehensive preliminary background check
23determines the student being considered for provisional
24participation does not have a record of founded child abuse or
25dependent adult abuse, or if an exception pursuant to section
26135C.33, subsection 4, is applicable to the student.
27(3) If the program has requested an evaluation in accordance
28with section 135C.33, subsection 2, paragraph “a”, to determine
29whether the crime warrants prohibition of the student’s
30provisional participation.
31b. The provisional participation under this subsection
323 may continue until such time as the required record checks
33through the single contact repository and the evaluation by the
34department of human services record check evaluation system,
35as applicable, are completed.
-207- 14. If a student has a criminal record or a record of
2founded child or dependent adult abuse, upon request of the
3nursing program, the department of human services record check
4evaluation system shall perform an evaluation to determine
5whether the record warrants prohibition of the student’s
6involvement in a clinical education component of a nursing
7program involving children or dependent adults. The department
8of human services record check evaluation system shall utilize
9the criteria provided in section 135C.33 in performing the
10evaluation and shall report the results of the evaluation to
11the nursing program. The department of human services record
12check evaluation system has final authority in determining
13whether prohibition of the student’s involvement in a clinical
14education component is warranted.
15 Sec. 272. Section 154D.4, subsection 2, paragraph c, Code
162023, is amended to read as follows:
17c. The provision of children, family, or mental health
18services through the department of health and human services
19or juvenile court, or agencies contracting with the department
20of health and human services or juvenile court, by persons who
21do not represent themselves to be either a marital and family
22therapist or a mental health counselor.
23 Sec. 273. Section 155A.46, subsection 1, paragraph a,
24unnumbered paragraph 1, Code 2023, is amended to read as
25follows:
26A pharmacist may, pursuant to statewide protocols developed
27by the board in consultation with the department of public
28 health and human services and consistent with subsection 2,
29order and administer the following to patients ages eighteen
30years and older:
31 Sec. 274. Section 155A.46, subsection 1, paragraph b,
32unnumbered paragraph 1, Code 2023, is amended to read as
33follows:
34A pharmacist may, pursuant to statewide protocols developed
35by the board in consultation with the department of public
-208-1 health and human services and consistent with subsection 2,
2order and administer the following to patients ages six months
3and older:
4 Sec. 275. Section 155A.46, subsection 1, paragraph c, Code
52023, is amended to read as follows:
6c. A pharmacist may, pursuant to statewide protocols
7developed by the board in consultation with the department of
8public health and human services and consistent with subsection
92, order and administer the final two doses in a course of
10vaccinations for HPV to patients ages eleven years and older.
11 Sec. 276. Section 155A.46, subsection 1, paragraph e,
12unnumbered paragraph 1, Code 2023, is amended to read as
13follows:
14A pharmacist may, pursuant to statewide protocols developed
15by the board in consultation with the department of public
16 health and human services and consistent with subsection 2,
17order and administer the following to patients ages six years
18and older:
19 Sec. 277. Section 158.2, subsection 8, Code 2023, is amended
20to read as follows:
218. Persons committed pursuant to chapter 229A to the custody
22of the director of the department of health and human services
23in the unit for sexually violent predators who cut the hair or
24trim or shave the beard of any other person within the unit,
25without receiving direct compensation from the person receiving
26the service.
27 Sec. 278. Section 158.3, subsection 1, paragraph d, Code
282023, is amended to read as follows:
29d. Presents a certificate, or satisfactory evidence, to the
30department that the applicant has successfully completed tenth
31grade, or the equivalent. The provisions of this subsection
32shall not apply to students enrolled in a barber school
33maintained at an institution under the control of a director of
34a division of the department of health and human services.
35 Sec. 279. Section 163.3A, subsection 2, Code 2023, is
-209-1amended to read as follows:
22. The services shall be performed under the direction of
3the department and may be part of measures authorized by the
4governor under a declaration or proclamation issued pursuant
5to chapter 29C. In such case, the department shall cooperate
6with the Iowa department of public health and human services
7 under chapter 135, and the department of homeland security and
8emergency management, and local emergency management agencies
9as provided in chapter 29C.
10 Sec. 280. Section 190B.102, subsection 3, Code 2023, is
11amended to read as follows:
123. The department of agriculture and land stewardship, the
13department of public health, the department of health and human
14services, and the department of inspections and appeals shall
15cooperate with the department of revenue to administer this
16subchapter.
17 Sec. 281. Section 204.7, subsection 8, paragraph a,
18subparagraph (3), Code 2023, is amended to read as follows:
19(3) The consumable hemp product complies with packaging
20and labeling requirements, which shall be established by the
21department of inspections health and appeals human services by
22rule.
23 Sec. 282. Section 204.7, subsection 8, paragraphs b and c,
24Code 2023, are amended to read as follows:
25b. A person manufacturing a consumable hemp product in
26this state shall register with the department of inspections
27 health and appeals human services on a form prescribed by
28the department of inspections health and appeals human
29services by rule. The department of inspections health and
30appeals human services may impose a fee, established by the
31department of inspections health and appeals human services
32 by rule, on a registrant not to exceed the cost of processing
33the registration. The department of inspections health and
34appeals human services shall adopt rules for the revocation
35of a registration issued to a manufacturer who manufactures a
-210-1consumable hemp product not in compliance with this chapter.
2c. A person selling a consumable hemp product in this state
3shall register with the department of inspections health and
4appeals human services on a form prescribed by the department
5of inspections health and appeals human services by rule and
6shall keep on the premises of the person’s business a copy
7of the certificate of analysis issued pursuant to section
8204.8 for the hemp contained in the consumable hemp products
9sold by the person. The department of inspections health and
10appeals human services may impose a fee, established by the
11department of inspections health and appeals human services
12 by rule, on a registrant not to exceed the cost of processing
13the registration. The department of inspections health and
14appeals human services shall adopt rules for the revocation of
15a registration issued to a person who sells a consumable hemp
16product not in compliance with this section.
17 Sec. 283. Section 206.2, subsection 17, paragraph c, Code
182023, is amended to read as follows:
19c. To which reference is made on the label or in
20literature accompanying the pesticide or device, except when
21accurate, nonmisleading reference is made to current official
22publications of the United States department of agriculture or
23interior, the United States public health service, the state
24agricultural experiment stations, the Iowa state university,
25the Iowa department of public health and human services, the
26department of natural resources, or other similar federal
27institutions or official agencies of this state or other
28states authorized by law to conduct research in the field of
29pesticides.
30 Sec. 284. Section 216.6, subsection 1, paragraph d, Code
312023, is amended to read as follows:
32d. Person to solicit or require as a condition of employment
33of any employee or prospective employee a test for the presence
34of the antibody to the human immunodeficiency virus or to
35affect the terms, conditions, or privileges of employment or
-211-1terminate the employment of any employee solely as a result
2of the employee obtaining a test for the presence of the
3antibody to the human immunodeficiency virus. An agreement
4between an employer, employment agency, labor organization,
5or their employees, agents, or members and an employee or
6prospective employee concerning employment, pay, or benefits to
7an employee or prospective employee in return for taking a test
8for the presence of the antibody to the human immunodeficiency
9virus, is prohibited. The prohibitions of this paragraph
10do not apply if the state epidemiologist determines and the
11director of public health and human services declares through
12the utilization of guidelines established by the center for
13disease control of the United States department of health and
14human services, that a person with a condition related to
15acquired immune deficiency syndrome poses a significant risk
16of transmission of the human immunodeficiency virus to other
17persons in a specific occupation.
18 Sec. 285. Section 216A.1, Code 2023, is amended to read as
19follows:
20216A.1 Department of health and human services — human
21rights — purpose.
221. A The department of health and human rights is created,
23with the following divisions and offices services shall be
24responsible for all of the following:
25a. Division of community Community advocacy and services,
26with the following offices:
27(1) Office of Latino affairs.
28(2) Office on the status of women.
29(3) Office of persons with disabilities.
30(4) Office of deaf services.
31(5) Office on the status of African Americans.
32(6) Office of Asian and Pacific Islander affairs.
33(7) Office of Native American affairs.
34b. Division of community Community action agencies.
35c. Division of criminal Criminal and juvenile justice
-212-1planning.
22. The purpose of the department under this chapter and as
3otherwise provided by law is to ensure basic rights, freedoms,
4and opportunities for all by empowering underrepresented Iowans
5and eliminating economic, social, and cultural barriers.
63. The department shall implement the comprehensive
7strategic plan approved by the board under section 216A.3 and
8shall issue an annual report to the governor and the general
9assembly no later than November 1 of each year concerning the
10operations of the department relating to responsibilities for
11human rights.
12 Sec. 286. Section 216A.3, Code 2023, is amended to read as
13follows:
14216A.3 Human rights board.
151. A human rights board is created within the department of
16human rights.
172. The board shall consist of sixteen members, including
18eleven voting members and five nonvoting members and determined
19as follows:
20a. The voting members shall consist of nine voting members
21selected by each of the permanent commissions within the
22department, and two voting members, appointed by the governor.
23For purposes of this paragraph “a”, “permanent commissions”
24means the commission of Latino affairs, commission on the
25status of women, commission of persons with disabilities,
26commission on community action agencies, commission of deaf
27services, justice advisory board, commission on the status of
28African Americans, commission of Asian and Pacific Islander
29affairs, and commission of Native American affairs. The term
30of office for voting members is four years.
31b. The nonvoting members shall consist of the department
32director, two state representatives, one appointed by the
33speaker of the house of representatives and one by the minority
34leader of the house of representatives, and two state senators,
35one appointed by the majority leader of the senate and one by
-213-1the minority leader of the senate.
23. A majority of the voting members of the board shall
3constitute a quorum, and the affirmative vote of two-thirds of
4the voting members present is necessary for any substantive
5action taken by the board. The board shall select a
6chairperson from the voting members of the board. The board
7shall meet not less than four times a year.
84. The board shall have the following duties:
9a. Develop develop and monitor implementation of
10a comprehensive strategic plan to remove barriers for
11underrepresented populations and, in doing so, to increase
12Iowa’s productivity and inclusivity, including performance
13measures and benchmarks.
14b. Approve, disapprove, amend, or modify the budget
15recommended by the department director for the operation of
16the department, subject to the budget requirements pursuant to
17chapter 8.
18c. Adopt administrative rules pursuant to chapter 17A,
19upon the recommendation of the department director, for the
20operation of the department.
21d. By November 1 of each year, approve the department report
22to the general assembly and the governor that covers activities
23during the preceding fiscal year.
24 Sec. 287. Section 216A.4, subsections 2 and 3, Code 2023,
25are amended to read as follows:
262. “Department” means the department of health and human
27rights services.
283. “Department director” “Director” means the director of
29the department of health and human rights services.
30 Sec. 288. Section 216A.6, subsection 2, paragraph d, Code
312023, is amended to read as follows:
32d. Department, or division, or office evaluations of
33information about a person seeking or receiving advocacy
34services.
35 Sec. 289. Section 216A.7, Code 2023, is amended to read as
-214-1follows:
2216A.7 Access to information.
3Upon request of the director, or an office, a commission,
4or a council, or administrator of a division of the department
5 created under this chapter, all boards, agencies, departments,
6and offices of the state shall make available nonconfidential
7information, records, data, and statistics which are relevant
8to the populations or groups served by the offices, councils,
9and commissions of the department.
10 Sec. 290. Section 216A.11, subsection 2, Code 2023, is
11amended to read as follows:
122. “Office” means the office of Latino affairs of the
13department of human rights.
14 Sec. 291. Section 216A.13, subsection 2, Code 2023, is
15amended to read as follows:
162. Serve as liaison between the department of human rights
17 and the public, sharing information and gathering constituency
18input.
19 Sec. 292. Section 216A.15, subsection 4, Code 2023, is
20amended to read as follows:
214. Recommend to the department director policies and
22programs for the office.
23 Sec. 293. Section 216A.51, subsection 2, Code 2023, is
24amended to read as follows:
252. “Office” means the office on the status of women of the
26department of human rights.
27 Sec. 294. Section 216A.71, subsection 2, Code 2023, is
28amended to read as follows:
292. “Office” means the office of persons with disabilities of
30the department of human rights.
31 Sec. 295. Section 216A.91, Code 2023, is amended to read as
32follows:
33216A.91 Definitions.
34For purposes of this subchapter, unless the context
35otherwise requires:
-215- 11. “Administrator” means the administrator of the division
2of community action agencies of the department of human rights.
32. 1. “Commission” means the commission on community action
4agencies.
53. 2. “Community action agency” means a public agency
6or a private nonprofit agency which is authorized under its
7charter or bylaws to receive funds to administer community
8action programs and is designated by the governor to receive
9and administer the funds.
104. 3. “Community action program” means a program conducted
11by a community action agency which includes projects to provide
12a range of services to improve the conditions of poverty in the
13area served by the community action agency.
145. “Delegate agency” means a subgrantee or contractor
15selected by the community action agency.
166. “Division” means the division of community action
17agencies of the department of human rights.
18 Sec. 296. Section 216A.92, Code 2023, is amended to read as
19follows:
20216A.92 Division of community Community action agencies.
211. The division of community action agencies is
22established. The purpose of the division of community action
23agencies is to The department shall strengthen, supplement,
24and coordinate efforts to develop the full potential of each
25citizen by recognizing certain community action agencies and
26supporting certain community-based programs delivered by
27community action agencies.
282. The division department shall do all of the following:
29a. Provide financial assistance for community action
30agencies to implement community action programs, as permitted
31by the community service block grant and subject to the funding
32made available for the program.
33b. Administer the community services block grant, the
34low-income energy assistance block grants, department of energy
35funds for weatherization, and other possible funding sources.
-216-1If a political subdivision is the community action agency,
2the financial assistance shall be allocated to the political
3subdivision.
4c. Implement accountability measures for its programs and
5require regular reporting on the measures by the community
6action agencies.
7d. Issue an annual report to the governor and general
8assembly by July 1 of each year.
9 Sec. 297. Section 216A.92B, subsections 1 and 3, Code 2023,
10are amended to read as follows:
111. Recommend to the board the adoption of rules pursuant
12to chapter 17A as it deems necessary for the commission and
13division department.
143. Serve as liaisons between the division department and the
15public, sharing information and gathering constituency input.
16 Sec. 298. Section 216A.93, Code 2023, is amended to read as
17follows:
18216A.93 Establishment of community action agencies.
19The division department shall recognize and assist in the
20designation of certain community action agencies to assist in
21the delivery of community action programs. These programs
22shall include but not be limited to outreach, community
23services block grant, low-income energy assistance, and
24weatherization programs. If a community action agency is in
25effect and currently serving an area, that community action
26agency shall become the designated community action agency
27for that area. If any geographic area of the state ceases
28to be served by a designated community action agency, the
29division department may solicit applications and assist the
30governor in designating a community action agency for that
31area in accordance with current community services block grant
32requirements.
33 Sec. 299. Section 216A.98, Code 2023, is amended to read as
34follows:
35216A.98 Audit.
-217- 1Each community action agency shall be audited annually but
2shall not be required to obtain a duplicate audit to meet the
3requirements of this section. In lieu of an audit by the
4auditor of state, the community action agency may contract with
5or employ a certified public accountant to conduct the audit,
6pursuant to the applicable terms and conditions prescribed by
7sections 11.6, 11.14, and 11.19 and an audit format prescribed
8by the auditor of state. Copies of each audit shall be
9furnished to the division department in a manner prescribed by
10the division department.
11 Sec. 300. Section 216A.99, subsection 1, Code 2023, is
12amended to read as follows:
131. The administrator department shall provide financial
14assistance for community action agencies to implement community
15action programs, as permitted by the community service block
16grant, administer the low-income energy assistance block
17grants, department of energy funds for weatherization received
18in Iowa, and other possible funding sources.
19 Sec. 301. Section 216A.102, subsection 3, Code 2023, is
20amended to read as follows:
213. Under rules developed adopted by the division of
22community action agencies of the department of human rights
23and adopted by the board, the fund may be used to negotiate
24reconnection of essential utility services with the energy
25provider.
26 Sec. 302. Section 216A.104, subsection 1, Code 2023, is
27amended to read as follows:
281. The general assembly finds that provision of assistance
29to prevent utility disconnections will also prevent the
30development of public health risks due to such disconnections.
31The division department shall establish an energy utility
32assessment and resolution program administered by each
33community action agency for persons with low incomes who have
34or need a deferred payment agreement or are in need of an
35emergency fuel delivery to address home energy utility costs.
-218-1 Sec. 303. Section 216A.104, subsection 2, paragraphs b and
2f, Code 2023, are amended to read as follows:
3b. The person is a residential customer of an energy utility
4approved for the program by the division department.
5f. The person complies with other eligibility requirements
6adopted in rules by the division department.
7 Sec. 304. Section 216A.107, subsection 1, Code 2023, is
8amended to read as follows:
91. A family development and self-sufficiency council is
10established within the department of human rights. The council
11shall consist of the following persons:
12a. The director of the department of human services or the
13director’s designee.
14b. The director of the department of public health or the
15director’s designee.
16c. The administrator of the division of community
17action agencies of the department of human rights or the
18administrator’s designee.
19d. b. The director of the school of social work at the
20university of Iowa or the director’s designee.
21e. c. The dean of the college of human sciences at Iowa
22state university or the dean’s designee.
23f. d. Two recipients or former recipients of the family
24investment program, selected by the other members of the
25council.
26g. e. One recipient or former recipient of the family
27investment program who is a member of a racial or ethnic
28minority, selected by the other members of the council.
29h. f. One member representing providers of services to
30victims of domestic violence, selected by the other members of
31the council.
32i. g. The head of the department of design, textiles,
33gerontology, and family studies at the university of northern
34Iowa or that person’s designee.
35j. h. The director of the department of education or the
-219-1director’s designee.
2k. i. The director of the department of workforce
3development or the director’s designee.
4l. j. Two persons representing the business community,
5selected by the other members of the council.
6m. k. Two members from each chamber of the general
7assembly serving as ex officio, nonvoting members. The two
8members of the senate shall be appointed one each by the
9majority leader and the minority leader of the senate. The two
10members of the house of representatives shall be appointed one
11each by the speaker and the minority leader of the house of
12representatives.
13 Sec. 305. Section 216A.107, subsection 3, paragraph c,
14subparagraphs (1) and (3), Code 2023, are amended to read as
15follows:
16(1) Designation of families to be served that meet one or
17more criteria for being at risk of dependency on the family
18investment program or of family instability, and agreement
19to serve clients that are referred by the department of
20human services from the family investment program which
21meet the criteria. The criteria may include but are not
22limited to factors such as educational level, work history,
23family structure, age of the youngest child in the family,
24previous length of stay on the family investment program, and
25participation in the family investment program or the foster
26care program while the head of a household was a child. Grant
27proposals shall also establish the number of families to be
28served under the grant.
29(3) Designation of the manner in which other needs of the
30families will be provided for, including but not limited to
31child care assistance, transportation, substance abuse use
32disorder treatment, support group counseling, food, clothing,
33and housing.
34 Sec. 306. Section 216A.107, subsection 4, Code 2023, is
35amended to read as follows:
-220- 14. a. The division department shall administer the family
2development and self-sufficiency grant program. The department
3of human services shall disclose to the division confidential
4information pertaining to individuals receiving services under
5the grant program, as authorized under section 217.30. The
6division and the department of human services shall share
7information and data necessary for tracking performance
8measures of the family development and self-sufficiency grant
9program, for referring families participating in the promoting
10independence and self-sufficiency through employment job
11opportunities and basic skills (PROMISE JOBS) program under
12section 239B.17 and related activities and programs to the
13grant program, and for meeting federal reporting requirements.
14The division and the department of human services may by mutual
15agreement, as specified in the memorandum of agreement entered
16into in accordance with paragraph “b”, add to or delete from
17the initial shared information items listed in this lettered
18paragraph. The initial shared information shall include but is
19not limited to all of the following:
20(1) Family enrollments and exits to and from each of the
21programs.
22(2) Monthly reports of individual participant activity in
23PROMISE JOBS components that are countable work activities
24according to federal guidelines applicable to those components.
25(3) Aggregate grant program participant activity in all
26PROMISE JOBS program components.
27(4) Work participation rates for grant program participants
28who were active family investment program participants.
29(5) The average hourly wage of grant program participants
30who left the family investment program.
31(6) The percentage of grant program participants who exited
32from the grant program at or after the time family investment
33program participation ended and did not reenroll in the family
34investment program for at least one year.
35b. The division shall develop a memorandum of agreement
-221-1with the department of human services to share outcome data and
2coordinate referrals and delivery of services to participants
3in the family investment program under chapter 239B and the
4grant program and other shared clients and shall provide the
5department of human services with information necessary for
6compliance with federal temporary assistance for needy families
7block grant state plan and reporting requirements, including
8but not limited to financial and data reports.
9c. b. To the extent that the family development and
10self-sufficiency grant program is funded by the federal
11temporary assistance for needy families block grant and by the
12state maintenance of efforts funds appropriated in connection
13with the block grant, the division department shall comply with
14all federal requirements for the block grant. The division
15 department is responsible for payment of any federal penalty
16imposed that is attributable to the grant program and shall
17receive any federal bonus payment attributable to the grant
18program.
19d. c. The division department shall ensure that
20expenditures of moneys appropriated to the department of human
21services from the general fund of the state for the family
22development and self-sufficiency grant program are eligible to
23be considered as state maintenance of effort expenditures under
24federal temporary assistance for needy families block grant
25requirements.
26e. d. The commission department shall consider the
27recommendations of the council in adopting rules pertaining to
28the grant program.
29f. e. The division department shall submit to the governor
30and general assembly on or before November 30 following the
31end of each state fiscal year, a report detailing performance
32measure and outcome data evaluating the family development and
33self-sufficiency grant program for the fiscal year that just
34ended.
35 Sec. 307. Section 216A.111, subsection 2, Code 2023, is
-222-1amended to read as follows:
22. “Office” means the office of deaf services of the
3department of human rights.
4 Sec. 308. Section 216A.131, Code 2023, is amended to read
5as follows:
6216A.131 Definitions.
7For the purpose of this subchapter, unless the context
8otherwise requires:
91. “Administrator” means the administrator of the division
10of criminal and juvenile justice planning.
112. 1. “Board” means the justice advisory board.
123. 2. “Department” means the department of health and human
13rights services.
144. “Division” means the division of criminal and juvenile
15justice planning.
16 Sec. 309. Section 216A.131A, Code 2023, is amended to read
17as follows:
18216A.131A Division of criminal Criminal and juvenile justice
19planning.
20The division of criminal and juvenile justice planning is
21established to department shall fulfill the responsibilities
22of this subchapter, including the duties specified in sections
23216A.135, 216A.136, 216A.137, 216A.138, and 216A.140.
24 Sec. 310. Section 216A.132, subsection 1, paragraph b, Code
252023, is amended to read as follows:
26b. Additional voting members of the board, each serving a
27four-year term, shall include one representative from each of
28the following:
29(1) The Iowa coalition against sexual assault.
30(2) The American civil liberties union of Iowa.
31(3) The Iowa county attorneys association.
32(4) The department of health and human services.
33(5) The department of corrections.
34(6) A judicial district department of correctional
35services.
-223- 1(7) The department of public safety.
2(8) The office on the status of African Americans.
3(9) The department of public health.
4(10) (8) The board of parole.
5(11) (9) The department of justice.
6(12) (10) The state public defender.
7(13) (11) The governor’s office of drug control policy.
8 Sec. 311. Section 216A.132, subsection 3, Code 2023, is
9amended to read as follows:
103. Members of the board shall receive reimbursement
11from the state for actual and necessary expenses incurred
12in the performance of their official duties and may also
13be eligible to receive compensation as provided in section
147E.6. All expense moneys paid to nonlegislative members shall
15be paid from funds appropriated to the division department.
16Legislative members shall receive compensation as provided in
17sections 2.10 and 2.12.
18 Sec. 312. Section 216A.133, subsection 2, Code 2023, is
19amended to read as follows:
202. The board shall advise the division department on its
21administration of state and federal grants and appropriations
22and shall carry out other functions consistent with this
23subchapter.
24 Sec. 313. Section 216A.133, subsection 3, paragraphs i, j,
25k, l, and r, Code 2023, are amended to read as follows:
26i. Providing input to the department director in the
27development of budget recommendations for the division
28 department.
29j. Coordinating with the administrator to develop and
30make Developing and making recommendations to the department
31 director pursuant to section 216A.2.
32k. Serving as a liaison between the division department
33 and the public, sharing information and gathering constituency
34input.
35l. Recommending to the department the adoption of rules
-224-1pursuant to chapter 17A as it deems necessary for the board and
2division department.
3r. Reviewing data supplied by the division department, the
4department of management, the legislative services agency, the
5Iowa supreme court, and other departments or agencies for the
6purpose of determining the effectiveness and efficiency of the
7collection of such data.
8 Sec. 314. Section 216A.136, unnumbered paragraph 1, Code
92023, is amended to read as follows:
10The division department shall maintain an Iowa statistical
11analysis center for the purpose of coordinating with data
12resource agencies to provide data and analytical information to
13federal, state, and local governments, and assist agencies in
14the use of criminal and juvenile justice data. Notwithstanding
15any other provision of state law, unless prohibited by federal
16law or regulation, the division department shall be granted
17access, for purposes of research and evaluation, to criminal
18history records, official juvenile court records, juvenile
19court social records, and any other data collected or under
20control of the board of parole, department of corrections,
21department of workforce development, district departments of
22correctional services, department of human services, judicial
23branch, and department of public safety. However, intelligence
24data and peace officer investigative reports maintained by the
25department of public safety shall not be considered data for
26the purposes of this section. Any record, data, or information
27obtained by the division department under this section and
28the division department itself is subject to the federal and
29state confidentiality laws and regulations which are applicable
30to the original record, data, or information obtained by the
31division department and to the original custodian of the
32record, data, or information. The access shall include but is
33not limited to all of the following:
34 Sec. 315. Section 216A.137, Code 2023, is amended to read
35as follows:
-225- 1216A.137 Correctional policy project.
21. The division department shall maintain an Iowa
3correctional policy project for the purpose of conducting
4analyses of major correctional issues affecting the criminal
5and juvenile justice system. The board shall identify and
6prioritize the issues and studies to be addressed by the
7division department through this project and shall report
8project plans and findings annually along with the report
9required in section 216A.135. Issues and studies to be
10considered by the board shall include but are not limited
11to a review of the information systems available to assess
12corrections trends and program effectiveness, the development
13of an evaluation plan for assessing the impact of corrections
14expenditures, and a study of the desirability and feasibility
15of changing the state’s sentencing practices, which includes
16a prison population forecast.
172. The division department may form subcommittees for the
18purpose of addressing major correctional issues affecting the
19criminal and juvenile justice system. The division department
20 shall establish a subcommittee to address issues specifically
21affecting the juvenile justice system.
22 Sec. 316. Section 216A.138, subsections 1, 2, 4, and 7, Code
232023, are amended to read as follows:
241. The division department shall coordinate the development
25of a multiagency database to track the progress of juveniles
26through various state and local agencies and programs. The
27division department shall develop a plan which utilizes
28existing databases, including the Iowa court information
29system, the federally mandated national adoption and foster
30care information system, and the other state and local
31databases pertaining to juveniles, to the extent possible.
322. The department of human services, department of
33 corrections, judicial branch, department of public safety,
34department of education, local school districts, and other
35state agencies and political subdivisions shall cooperate with
-226-1the division department in the development of the plan.
24. The division department shall develop the plan within
3the context of existing federal privacy and confidentiality
4requirements. The plan shall build upon existing resources and
5facilities to the extent possible.
67. If the division department has insufficient funds and
7resources to implement this section, the division department
8 shall determine what, if any, portion of this section may be
9implemented, and the remainder of this section shall not apply.
10 Sec. 317. Section 216A.140, subsection 5, Code 2023, is
11amended to read as follows:
125. Membership. The youth development council membership
13shall be determined by the council itself and shall include the
14directors or chief administrators, or their designees, from the
15following state agencies and programs:
16a. Child advocacy board.
17b. Iowa commission on volunteer service in the office of
18the governor.
19c. b. Department of education.
20d. Department of human rights.
21e. Department of human services.
22f. c. Department of public health and human services.
23g. d. Department of workforce development.
24h. e. Governor’s office Office of drug control policy.
25i. f. Iowa cooperative extension service in agriculture and
26home economics.
27j. Early childhood Iowa office in the department of
28management.
29 Sec. 318. Section 216A.140, subsection 8, paragraphs b and
30c, Code 2023, are amended to read as follows:
31b. The youth advisory council shall consist of no more
32than twenty-one youth ages fourteen through twenty years who
33reside in Iowa. Membership shall be for two-year staggered
34terms. The department director, or the director’s designee,
35 shall select council members using an application process. The
-227-1department director or the director’s designee shall strive
2to maintain a diverse council membership and shall take into
3consideration race, ethnicity, disabilities, gender, and
4geographic location of residence of the applicants.
5c. Except as otherwise provided by law, the youth advisory
6council shall determine its own rules of procedure and
7operating policies, subject to approval by the department
8 director or the director’s designee.
9 Sec. 319. Section 216A.141, subsection 2, Code 2023, is
10amended to read as follows:
112. “Office” means the office on the status of African
12Americans of the department of human rights.
13 Sec. 320. Section 216A.151, subsection 3, Code 2023, is
14amended to read as follows:
153. “Office” means the office of Asian and Pacific Islander
16affairs of the department of human rights.
17 Sec. 321. Section 216A.161, subsection 2, Code 2023, is
18amended to read as follows:
192. “Office” means the office of Native American affairs of
20the department of human rights.
21 Sec. 322. Section 216D.2, subsection 2, Code 2023, is
22amended to read as follows:
232. “Public office building” means the state capitol, all
24county courthouses, all city halls, and all buildings used
25primarily for governmental offices of the state or any county
26or city. It does not include public schools or buildings
27at institutions of the state board of regents or the state
28 department of health and human services.
29 Sec. 323. NEW SECTION. 217.01 Definitions.
30As used in this chapter, unless the context otherwise
31requires:
321. “Council” means the council on health and human services.
332. “Department” means the department of health and human
34services.
353. “Director” means the director of health and human
-228-1services.
2 Sec. 324. Section 217.1, Code 2023, is amended to read as
3follows:
4217.1 Programs of department.
5There is established a department of health and human
6services to administer programs designed to protect and improve
7the health, well-being, and productivity of the people of
8the state of Iowa. The department shall concern itself with
9the problems of human behavior, adjustment, and daily living
10through the administration of programs of family, child, and
11adult welfare, economic assistance including costs of medical
12care, rehabilitation toward self-care and support, delinquency
13prevention and control, treatment and rehabilitation of
14juvenile offenders, care and treatment of persons with mental
15illness or an intellectual disability, public health, and other
16related programs as provided by law.
17 Sec. 325. Section 217.2, Code 2023, is amended to read as
18follows:
19217.2 Council on health and human services.
201. a. There is created within the department of human
21services a council on health and human services which shall
22act in a policymaking and advisory capacity on matters within
23the jurisdiction of the department. The council shall consist
24of seven nine voting members appointed by the governor subject
25to confirmation by the senate. Appointments shall be made
26on the basis of interest in public affairs, good judgment,
27and knowledge and ability in the field of health and human
28services. Appointments shall be made to provide a diversity of
29interest and point of view in the membership and without regard
30to religious opinions or affiliations. The voting members of
31the council shall serve for six-year staggered terms.
32b. Each term of a voting member shall commence and end as
33provided by section 69.19.
34c. All voting members of the council shall be electors
35of the state of Iowa. No more than four five members shall
-229-1belong to the same political party and no more than two three
2 members shall, at the time of appointment, reside in the same
3congressional district. At least one member of the council
4shall be a member of a county board of supervisors at the time
5of appointment to the council. At least one member of the
6council shall be a physician licensed to practice medicine in
7Iowa. Vacancies occurring during a term of office shall be
8filled in the same manner as the original appointment for the
9balance of the unexpired term subject to confirmation by the
10senate.
112. In addition to the voting members described in subsection
121, the membership of the council shall include four legislators
13as ex officio, nonvoting members. The four legislators shall
14be appointed one each by the majority leader of the senate,
15the minority leader of the senate, the speaker of the house
16of representatives, and the minority leader of the house of
17representatives for terms as provided in section 69.16B.
18 Sec. 326. Section 217.3, Code 2023, is amended to read as
19follows:
20217.3 Duties of council.
21The council on human services shall:
221. Organize annually and select a chairperson and vice
23chairperson.
242. Adopt and establish policy for the operation and
25conduct of the department of human services, subject to any
26guidelines which may be adopted by the general assembly, and
27the implementation of all services and programs thereunder
28 administered by the department.
293. Report immediately to the governor any failure by the
30director or any administrator of the department of human
31services to carry out any of the policy decisions or directives
32of the council.
334. Approve the budget of the department of human services
34 prior to submission to the governor. Prior to approval of the
35budget, the council shall publicize and hold a public hearing
-230-1to provide explanations and hear questions, opinions, and
2suggestions regarding the budget. Invitations to the hearing
3shall be extended to the governor, the governor-elect, the
4director of the department of management, and other persons
5deemed by the council as integral to the budget process. The
6budget materials submitted to the governor shall include a
7review of options for revising the medical assistance program
8made available by federal action or by actions implemented
9by other states as identified by the department, the medical
10assistance advisory council created in section 249A.4B, and
11by county representatives. The review shall address what
12potential revisions could be made in this state and how the
13changes would be beneficial to Iowans.
145. Insure that all programs administered or services
15rendered by the department directly to any citizen or through
16a local agency to any citizen are coordinated and integrated
17so that any citizen does not receive a duplication of services
18from various departments or local agencies that could be
19rendered by one department or local agency. If the council
20finds that such is not the case, it shall hear and determine
21which department or local agency shall provide the needed
22service or services and enter an order of their determination
23by resolution of the council which must be concurred in by
24at least a majority of the members. Thereafter such order
25or resolution of the council shall be obeyed by all state
26departments and local agencies to which it is directed.
276. Adopt all necessary rules recommended by the director or
28administrators of divisions hereinafter established department
29 prior to their promulgation pursuant to chapter 17A.
307. Approve the establishment of any new division or
31reorganization, consolidation or abolition of any established
32division prior to the same becoming effective.
338. 7. Recommend to the governor the names of individuals
34qualified for the position of director of human services when a
35vacancy exists in the office.
-231-1 Sec. 327. Section 217.3A, Code 2023, is amended to read as
2follows:
3217.3A Advisory committees.
41. General. The council on human services shall establish
5and utilize the advisory committee identified in this section
6 and may establish and utilize other ad hoc advisory committees
7as determined necessary to advise the council. The council
8shall establish appointment provisions, membership terms,
9operating guidelines, and other operational requirements for
10committees established pursuant to this section.
112. Child abuse prevention. The council 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:
16a. Advise the director of human services and the
17administrator of the division of the department of human
18services responsible for child and family programs regarding
19expenditures of funds received for the child abuse prevention
20program.
21b. Review the implementation and effectiveness of
22legislation and administrative rules concerning the child abuse
23prevention program.
24c. Recommend changes in legislation and administrative rules
25to the general assembly and the appropriate administrative
26officials.
27d. Require reports from state agencies and other entities as
28necessary to perform its duties.
29e. Receive and review complaints from the public concerning
30the operation and management of the child abuse prevention
31program.
32f. Approve grant proposals.
33 Sec. 328. Section 217.4, Code 2023, is amended to read as
34follows:
35217.4 Meetings of council.
-232- 1The council shall meet at least monthly. Additional
2meetings shall be called by the chairperson or upon written
3request of any three council members thereof as necessary to
4carry out the duties of the council. The chairperson shall
5preside at all meetings or in the absence of the chairperson
6the vice chairperson shall preside. The members of the council
7shall be paid a per diem as specified in section 7E.6 and their
8reasonable and necessary expenses.
9 Sec. 329. Section 217.5, Code 2023, is amended to read as
10follows:
11217.5 Director of health and human services.
12The chief administrative officer for the department of human
13services is the director of human services. The director shall
14be appointed by the governor subject to confirmation by the
15senate and shall serve at the pleasure of the governor. The
16governor shall fill a vacancy in this office in the same manner
17as the original appointment was made. The director shall be
18selected primarily for administrative ability. The director
19shall not be selected on the basis of political affiliation
20and shall not engage in political activity while holding this
21position.
22 Sec. 330. NEW SECTION. 217.5A Attorneys — legal counsel
23and advice.
24Notwithstanding section 13.7, the department may employ or
25retain attorneys to provide legal counsel and advice. However,
26section 13.7 shall govern the employment or retention of
27attorneys by the department to represent the department in any
28action or proceeding brought in any court or tribunal.
29 Sec. 331. Section 217.6, Code 2023, is amended to read as
30follows:
31217.6 Rules and regulations — organization of department.
321. The director is hereby authorized to may recommend
33to the council for adoption such rules and regulations as
34are necessary to carry into practice administer the duties,
35functions, and programs of the various divisions and to
-233-1establish such divisions and to assign or reassign duties,
2powers, and responsibilities within the department, all with
3the approval of the council on human services, within the
4department as the director deems necessary and appropriate
5for the proper administration of the duties, functions and
6programs with which the department is charged. Any action
7taken, decision made, or administrative rule adopted by any
8administrator of a division may be reviewed by the director.
9The director, upon such review, may affirm, modify, or reverse
10any such action, decision, or rule.
112. The rules and regulations adopted for the public benefits
12and programs administered by the department of human services
13 shall apply the residency eligibility restrictions required by
14federal and state law.
153. The director shall organize the department of human
16services into divisions subunits as necessary to most
17efficiently carry out in an efficient manner the intent
18of this chapter and any other chapter the department is
19responsible for administering. The department of human
20services may be initially divided into the following divisions
21of responsibility:
22a. The division of child and family services.
23b. The division of mental health and disability services.
24c. The division of administration.
25d. The division of planning, research, and statistics.
264. If the department of human services requires or requests
27a service consumer, service provider, or other person to
28maintain required documentation in electronic form, the
29department shall accept such documentation submitted by
30electronic means and shall not require a physical copy of the
31documentation unless required by state or federal law.
32 Sec. 332. Section 217.13, Code 2023, is amended to read as
33follows:
34217.13 Department to provide certain volunteer services —
35volunteer liability.
-234- 11. The department of human services shall establish
2volunteer programs designed to enhance the services provided
3by the department. Roles for volunteers may include but shall
4not be limited to parent aides, friendly visitors, commodity
5distributors, clerical assistants, medical transporters, and
6other functions to complement and supplement the department’s
7work with clients. Roles for volunteers shall include
8conservators and guardians. The department shall adopt rules
9for programs which are established.
102. a. The director shall appoint a coordinator of volunteer
11services to oversee the provision of services of volunteer
12conservators and guardians on a volunteer basis to individuals
13in this state requiring such services. The coordinator,
14after consulting with personnel assigned to the district of
15the department, shall recommend to the director how best to
16serve the needs of individuals in need of the services of a
17guardian or conservator. Where possible, the coordinator shall
18recommend that the services be provided on a multicounty basis.
19b. The coordinator shall cooperate with the administrators
20of the divisions of the department in providing these services
21and shall seek out alternative sources for providing the
22services required under this section.
233. All volunteers registered with the department and
24in compliance with departmental rules are considered state
25employees for purposes of chapter 669. However, this section
26does not except a conservator or guardian from an action
27brought under section 658.1A or 658.3. This section does not
28relieve a guardian or conservator from duties under chapter
29633.
30 Sec. 333. Section 217.18, Code 2023, is amended to read as
31follows:
32217.18 Official seal.
33The department shall have an official seal with the words
34“Iowa Department of Health and Human Services” and such other
35design as the department prescribes engraved thereon on the
-235-1seal. Every commission, order, or other paper of an official
2nature executed by the department may be attested with such the
3 seal.
4 Sec. 334. Section 217.19, Code 2023, is amended to read as
5follows:
6217.19 Expenses.
71. The director of said department, and the director’s
8staff, assistants, and employees shall, in addition to salary,
9receive their necessary traveling expenses by the nearest
10traveled and practicable route, when engaged in the performance
11of official business.
122. The department of administrative services shall work
13with the department of human services to develop and implement
14an expense policy applicable to the members of a board,
15commission, committee, or other body under the auspices of the
16department of human services who meet the income requirements
17for payment of per diem in accordance with section 7E.6,
18subsection 2. The policy shall allow for the payment of
19the member’s expenses to be addressed through use of direct
20billings, travel purchase card, prepaid expenses, or other
21alternative means of addressing the expenses in lieu of
22reimbursement of the member.
23 Sec. 335. Section 217.21, Code 2023, is amended to read as
24follows:
25217.21 Annual report.
26The department shall, annually, at the time provided by law
27make a report to the governor and general assembly, and cover
28therein in the report the annual period ending with June 30
29preceding, which report shall embrace include:
301. An itemized statement of its the department’s
31 expenditures concerning each program under its the department’s
32 administration.
332. Adequate and complete statistical reports for the
34state as a whole concerning all payments made under its the
35department’s administration.
-236- 13. Such recommendations as to changes in laws under its the
2department’s administration as the director may deem necessary.
34. The observations and recommendations of the director and
4the council on human services relative to the programs of the
5department.
65. Such other information as the director or council on
7human services may deem deems advisable, or which may be
8requested by the governor or by the general assembly.
9 Sec. 336. Section 217.23, Code 2023, is amended to read as
10follows:
11217.23 Personnel — merit system — reimbursement for damaged
12property.
131. The director of human services or the director’s
14designee, shall employ such personnel as are necessary for the
15performance of the duties and responsibilities assigned to
16the department. All employees shall be selected on a basis
17of fitness for the work to be performed with due regard to
18training and experience and shall be subject to the provisions
19of chapter 8A, subchapter IV.
202. The department may expend moneys from the support
21allocation of the department as reimbursement for replacement
22or repair of personal items of the department’s employees
23damaged or destroyed by clients of the department during the
24employee’s tour of duty. However, the reimbursement shall not
25exceed three hundred dollars for each item. The department
26shall establish rules in accordance with chapter 17A to carry
27out the purpose of this section.
28 Sec. 337. Section 217.24, Code 2023, is amended to read as
29follows:
30217.24 Payment by electronic funds transfer.
31The department of human services shall continue expanding
32the practice of making payments to program participants and
33vendors by means of electronic funds transfer. The department
34shall seek the capacity for making payment by such means for
35all programs administered by the department.
-237-1 Sec. 338. Section 217.32, Code 2023, is amended to read as
2follows:
3217.32 Office space in county.
4Where When the department of human services assigns
5personnel to an office located in a county for the purpose of
6performing in that county designated eligibility for economic
7and medical assistance programs and protective services duties
8and responsibilities assigned by law to the department, it
9shall be the responsibility of the county to provide and
10maintain the necessary office space and office supplies and
11equipment for the personnel so assigned in the same manner as
12if they were employees of the county. The department shall at
13least annually, or more frequently if the department so elects,
14reimburse the county for a portion, designated by law, of the
15cost of maintaining office space and providing supplies and
16equipment as required by this section, and also for a similar
17portion of the cost of providing the necessary office space if
18in order to do so it is necessary for the county to lease office
19space outside the courthouse or any other building owned by the
20county. The portion of the foregoing costs reimbursed to the
21county under this section shall be equivalent to the proportion
22of those costs which the federal government authorizes to be
23paid from available federal funds, unless the general assembly
24directs otherwise when appropriating funds for support of the
25department.
26 Sec. 339. Section 217.33, Code 2023, is amended to read as
27follows:
28217.33 Legal services.
29The director of human services pursuant to a state plan
30funded in part by the federal government may provide services
31for eligible persons by contract with nonprofit legal aid
32organizations.
33 Sec. 340. Section 217.34, Code 2023, is amended to read as
34follows:
35217.34 Debt setoff.
-238- 1The investigations division of the department of inspections
2and appeals and the department of human services shall provide
3assistance to set off against a person’s or provider’s income
4tax refund or rebate any debt which has accrued through written
5contract, nonpayment of premiums pursuant to section 249A.3,
6subsection 2, paragraph “a”, subparagraph (1), subrogation,
7departmental recoupment procedures, or court judgment and which
8is in the form of a liquidated sum due and owing the department
9of human services. The department of inspections and appeals,
10with approval of the department of human services, shall adopt
11rules under chapter 17A necessary to assist the department of
12administrative services in the implementation of the setoff
13under section 8A.504 in regard to money owed to the state for
14public assistance overpayments or nonpayment of premiums as
15specified in this section. The department of human services
16 shall adopt rules under chapter 17A necessary to assist the
17department of administrative services in the implementation of
18the setoff under section 8A.504, in regard to collections by
19the child support recovery unit services and the foster care
20recovery unit services.
21 Sec. 341. Section 217.35, Code 2023, is amended to read as
22follows:
23217.35 Fraud and recoupment activities.
24Notwithstanding the requirement for deposit of recovered
25moneys under section 239B.14, recovered moneys generated
26through fraud and recoupment activities are appropriated to
27the department of human services to be used for additional
28fraud and recoupment activities performed by the department of
29human services or the department of inspections and appeals.
30The department of human services may use the recovered
31moneys appropriated to add not more than five full-time
32equivalent positions, in addition to those funded by annual
33appropriations. The appropriation of the recovered moneys is
34subject to both of the following conditions:
351. The director of human services determines that the
-239-1investment can reasonably be expected to increase recovery of
2assistance paid in error, due to fraudulent or nonfraudulent
3actions, in excess of the amount recovered in the previous
4fiscal year.
52. The amount expended for the additional fraud and
6recoupment activities shall not exceed the amount of the
7projected increase in assistance recovered.
8 Sec. 342. Section 217.36, Code 2023, is amended to read as
9follows:
10217.36 Distribution of earned income tax credit information.
111. The department shall ensure that educational materials
12relating to the federal and state earned income tax credits
13are provided in accordance with this section to each household
14receiving assistance or benefits under:
15a. The hawk-i Hawki program under chapter 514I.
16b. The family investment program under chapter 239B.
17c. The medical assistance Act program under chapter 249A.
18d. The food programs defined in section 234.1 which are
19administered by the department.
20e. Any other appropriate programs administered by, or under
21the oversight of, the department of human services.
222. The department shall, by mail or through the internet,
23provide a household described in subsection 1 with access to:
24a. Internal revenue service publications relating to the
25federal earned income tax credit.
26b. Department of revenue publications relating to the state
27earned income tax credit.
28c. Information prepared by tax preparers who provide
29volunteer or free federal or state income tax preparation
30services to low-income and other eligible persons and who are
31located in close geographic proximity to the person.
323. In January of each year, the department or a
33representative of the department shall mail to each household
34described in subsection 1 information about the federal and
35state earned income tax credit that provides the household with
-240-1referrals to the resources described in subsection 2.
24. The mailings required by the department under this
3section do not have to be made as a separate mailing but may
4be included in existing mailings being made to the appropriate
5households.
6 Sec. 343. Section 217.40, Code 2023, is amended to read as
7follows:
8217.40 Training for guardians and conservators.
9The department of human services, or a person designated
10by the director, shall establish training programs designed
11to assist all duly appointed guardians and conservators in
12understanding their fiduciary duties and liabilities, the
13special needs of the ward, and how to best serve the ward and
14the ward’s interests.
15 Sec. 344. Section 217.41, Code 2023, is amended to read as
16follows:
17217.41 Refugee services foundation.
181. The department of human services shall cause a refugee
19services foundation to be created for the sole purpose of
20engaging in refugee resettlement activities to promote the
21welfare and self-sufficiency of refugees who live in Iowa and
22who are not citizens of the United States. The foundation may
23establish an endowment fund to assist in the financing of its
24activities. The foundation shall be incorporated under chapter
25504.
262. The foundation shall be created in a manner so that
27donations and bequests to the foundation qualify as tax
28deductible under federal and state income tax laws. The
29foundation is not a state agency and shall not exercise
30sovereign power of the state. The state is not liable for any
31debts of the foundation.
323. The refugee services foundation shall have a board
33of directors of five members. One member shall be appointed
34by the governor and four members shall be appointed by the
35director of human services. Members of the board shall serve
-241-1three-year terms beginning on July 1, and ending on June 30. A
2vacancy on the board shall be filled in the same manner as the
3original appointment for the remainder of the term. Not more
4than two members appointed by the director of human services
5 shall be of the same gender or of the same political party.
64. The refugee services foundation may accept and
7administer trusts deemed by the board to be beneficial.
8Notwithstanding section 633.63, the foundation may act as
9trustee of such a trust.
10 Sec. 345. Section 217.41B, subsection 1, Code 2023, is
11amended to read as follows:
121. The department of human services shall discontinue the
13Medicaid family planning network waiver effective July 1, 2017,
14and shall instead establish a state family planning services
15program. The state program shall replicate the eligibility
16requirements and other provisions included in the Medicaid
17family planning network waiver as approved by the centers for
18Medicare and Medicaid services of the United States department
19of health and human services in effect on June 30, 2017.
20 Sec. 346. Section 217.41B, subsection 3, paragraph a,
21subparagraph (2), Code 2023, is amended to read as follows:
22(2) The department of human services shall adopt rules
23pursuant to chapter 17A to require that as a condition of
24eligibility as a provider under the family planning services
25program, each distinct location of a nonprofit health care
26delivery system shall enroll in the program as a separate
27provider, be assigned a distinct provider identification
28number, and complete an attestation that abortions are not
29performed at the distinct location.
30 Sec. 347. Section 217.41C, subsection 1, paragraph a, Code
312023, is amended to read as follows:
32a. The department of human services shall create the more
33options for maternal support program, a statewide program to
34promote healthy pregnancies and childbirth through nonprofit
35organizations that provide pregnancy support services.
-242-1 Sec. 348. Section 217.41C, subsection 3, unnumbered
2paragraph 1, Code 2023, is amended to read as follows:
3The department of human services shall issue a request for
4proposals to select a program administrator for the program.
5A program administrator shall meet all of the following
6requirements:
7 Sec. 349. Section 217.41C, subsections 5 and 6, Code 2023,
8are amended to read as follows:
95. The department of human services shall publish the
10program administrator and subcontractor criteria on the
11department’s internet site.
126. The department of human services shall adopt rules
13pursuant to chapter 17A to administer the program, and shall
14provide technical assistance to the program administrator,
15monitor the program administrator for adherence to state and
16federal requirements, and collect and maintain program data.
17 Sec. 350. Section 217.41C, subsection 7, unnumbered
18paragraph 1, Code 2023, is amended to read as follows:
19Beginning October 1, 2023, and on or before October
201 annually thereafter, the department of human services
21 shall submit to the general assembly the following program
22information relative to the prior fiscal year:
23 Sec. 351. Section 217.42, Code 2023, is amended to read as
24follows:
25217.42 Service areas — County offices.
261. The organizational structure to deliver the department’s
27field services shall be based upon service areas designated by
28the department. The service areas shall serve as a basis for
29providing field services to persons residing in the counties
30comprising the service area.
312. 1. The department shall maintain an office in each
32county. Based on the annual appropriations for field
33operations, the department shall strive to maintain a full-time
34presence in each county. If it is not possible to maintain a
35full-time presence in each county, the department shall provide
-243-1staff based on its caseweight system to assure the provision of
2services. The department shall consult with the county boards
3of supervisors of those counties regarding staffing prior to
4any modification of office hours.
53. 2. A county or group of counties may voluntarily enter
6into a chapter 28E agreement with the department to provide
7funding or staff persons to deliver field services in county
8offices. The agreement shall cover the full fiscal year but
9may be revised by mutual consent.
10 Sec. 352. Section 217.43, Code 2023, is amended to read as
11follows:
12217.43 Service area County advisory boards — location of
13county offices.
141. a. The department shall establish a service area one
15or more advisory board in each service area boards. Each of
16the county boards of supervisors of the counties comprising
17the service area shall appoint two service area advisory board
18members. All of the following requirements apply to the
19appointments made by a county board of supervisors:
20(1) The membership shall be appointed in accordance with
21section 69.16, relating to political affiliation, and section
2269.16A, relating to gender balance.
23(2) Not more than one of the members shall be a member of
24the board of supervisors.
25(3) Appointments shall be made on the basis of interest in
26maintaining and improving service delivery.
27b. Appointments shall be made a part of the regular
28proceedings of the board of supervisors and shall be filed with
29the county auditor and the service area manager department. A
30vacancy on the board shall be filled in the same manner as the
31original appointment.
32c. The boards of supervisors shall develop and agree to
33other organizational provisions involving the advisory board,
34including reporting requirements.
352. The purpose of the advisory boards is to improve
-244-1communication and coordination between the department and the
2counties and to advise the department regarding maintenance and
3improvement of service delivery in the counties and communities
4comprising the service areas.
53. The department shall determine the community in which
6each county office will be located. The county board of
7supervisors shall determine the location of the office space
8for the county office. The county board of supervisors shall
9make reasonable efforts to collocate the office with other
10state and local government or private entity offices in order
11to maintain the offices in a cost-effective location that is
12convenient to the public.
13 Sec. 353. Section 217.44, Code 2023, is amended to read as
14follows:
15217.44 Service areas Department offices — employee and
16volunteer record checks.
171. The record check evaluation system of the department
18shall conduct criminal and child and dependent adult abuse
19record checks of persons who are potential employees,
20employees, potential volunteers, and volunteers in service area
21 department offices in a position having direct contact with the
22department’s clients. The record checks shall be performed in
23this state and the department record check evaluation system
24 may conduct these checks in other states. If the department
25 record check evaluation system determines that a person has
26been convicted of a crime or has a record of founded child or
27dependent adult abuse, the department record check evaluation
28system shall perform an evaluation to determine whether the
29crime or founded abuse warrants prohibition of the person’s
30employment or participation as a volunteer. The record checks
31and evaluation shall be performed in accordance with procedures
32adopted for this purpose by the department.
332. In an evaluation, the department record check evaluation
34system shall consider the nature and seriousness of the crime
35or founded child or dependent adult abuse in relation to the
-245-1position sought or held, the time elapsed since the commission
2of the crime or founded abuse, the circumstances under which
3the crime or founded abuse was committed, the degree of
4rehabilitation, the likelihood that the person will commit
5the crime or founded abuse again, and the number of crimes or
6founded abuses committed by the person involved.
73. The department record check evaluation system may permit
8a person who is evaluated to be employed or to participate as a
9volunteer if the person complies with the department’s record
10check evaluation system’s conditions relating to employment or
11participation as a volunteer which may include completion of
12additional training.
134. If the department record check evaluation system
14 determines that the person has committed a crime or has a
15record of founded child or dependent adult abuse which warrants
16prohibition of employment or participation as a volunteer, the
17person shall not be employed by or participate as a volunteer
18in a department service area office in a position having direct
19contact with the department’s clients.
20 Sec. 354. Section 217.45, subsection 1, unnumbered
21paragraph 1, Code 2023, is amended to read as follows:
22A background investigation may be conducted by the
23department of human services on all of the following
24individuals:
25 Sec. 355. Section 218.1, Code 2023, is amended to read as
26follows:
27218.1 Institutions controlled.
28The director of human services shall have the general and
29full authority given under statute to control, manage, direct,
30and operate the following institutions under the director’s
31jurisdiction, and may at the director’s discretion assign
32the powers and authorities given the director by statute to
33any one of the deputy directors, division administrators, or
34officers or employees of the divisions of the department of
35human services a superintendent:
-246- 11. Glenwood state resource center.
22. Woodward state resource center.
33. Mental health institute, Cherokee, Iowa.
44. Mental health institute, Independence, Iowa.
55. State training school.
66. Iowa juvenile home.
77. 6. Other facilities not attached to the campus of the
8main institution as program developments require.
9 Sec. 356. Section 218.2, Code 2023, is amended to read as
10follows:
11218.2 Powers of governor — report of abuses.
121. Nothing contained in section 218.1 shall limit the
13general supervisory or examining powers vested in the governor
14by the laws or Constitution of the State of Iowa, or legally
15vested by the governor in any committee appointed by the
16governor.
172. The administrator superintendent to whom primary
18responsibility for a particular institution has been assigned
19shall make reports to the director of human services as are
20 requested by the director and the director shall report, in
21writing, to the governor any abuses found to exist in any of
22the institutions.
23 Sec. 357. Section 218.3, Code 2023, is amended to read as
24follows:
25218.3 Definitions.
26For the purposes of this chapter, unless the context
27otherwise requires:
281. “Administrator” means the person to whom the director
29of human services has assigned power and authority over an
30institution in accordance with section 218.1. “Council” means
31the council on health and human services.
322. “Department” means the department of health and human
33services.
343. “Director” means the director of health and human
35services.
-247- 12. 4. “Institution” means an institution listed in section
2218.1.
35. “Resident” means a person committed or admitted to an
4institution and is synonymous with patient, as appropriate to
5the institution.
66. “Superintendent” means the person to whom primary
7responsibility for a particular institution has been assigned.
8 Sec. 358. Section 218.4, Code 2023, is amended to read as
9follows:
10218.4 Recommendation for rules.
111. The administrators of particular institutions department
12 shall recommend to the council on human services for adoption
13such rules not inconsistent with law as they may deem necessary
14for the discharge of their duties, the management of each
15of such the institutions, and the admission, of residents
16thereto and the treatment, care, custody, education and
17discharge of residents. It is made the duty of the particular
18administrators department to establish rules by which danger
19to life and property from fire will be minimized. In the
20discharge of their duties and in the enforcement of their
21rules, they The department may require any of their appointees
22to perform duties in addition to those required by statute.
232. Rules adopted by the council pursuant to chapter 17A
24shall be uniform and shall apply to all institutions under the
25particular administrator and to all other institutions under
26the administrator’s department’s jurisdiction. The primary
27rules for use in institutions where persons with mental illness
28are served shall, unless otherwise indicated, uniformly apply
29to county or private hospitals in which persons with mental
30illness are served, but the rules shall not interfere with
31proper medical treatment administered to patients such persons
32 by competent physicians. Annually, signed copies of the rules
33shall be sent to the superintendent of each institution or
34hospital under the control or supervision of a particular
35administrator. Copies shall also be sent to the clerk of each
-248-1district court, the chairperson of the board of supervisors
2of each county and, as appropriate, to the officer in charge
3of institutions or hospitals caring for persons with mental
4illness in each county who shall be responsible for seeing
5that the rules are posted in each institution or hospital in a
6prominent place. The rules shall be kept current to meet the
7public need and shall be revised and published annually.
83. The state fire marshal shall cause to be made an annual
9inspection of all the institutions listed in section 218.1 and
10shall make provide a written report thereof of each inspection
11 to the particular administrator of the state department of
12human services in control of such institution.
13 Sec. 359. Section 218.5, Code 2023, is amended to read as
14follows:
15218.5 Fire protection contracts.
16The administrators shall have power to department may
17 enter into contracts with the governing body of any city or
18other municipal corporation for the protection from fire of
19any property under the administrators’ department’s primary
20control, located in any municipal corporation or in territory
21contiguous to the municipal corporation, upon terms as may be
22agreed upon.
23 Sec. 360. Section 218.6, Code 2023, is amended to read as
24follows:
25218.6 Transfer of appropriations made to institutions.
261. Notwithstanding section 8.39, subsection 1, without the
27prior written consent and approval of the governor and the
28director of the department of management, the director of human
29services may transfer funds between the appropriations made for
30the institutions, listed as follows:
31a. The state resource centers.
32b. The state mental health institutes.
33c. The state training school.
34d. The civil commitment unit for sexual offenders.
352. The department shall report any transfer made pursuant
-249-1to subsection 1 during a fiscal quarter to the legislative
2services agency within thirty days of the beginning of the
3subsequent fiscal quarter.
4 Sec. 361. Section 218.9, Code 2023, is amended to read as
5follows:
6218.9 Appointment of superintendents.
71. The administrator in charge of an institution, subject to
8the approval of the director of human services, shall appoint
9the superintendent of the institution. The tenure of office of
10a superintendent shall be at the pleasure of the administrator
11 director. The administrator director may transfer a
12superintendent or warden from one institution to another.
132. The superintendent or warden shall have immediate
14custody and control, subject to the orders and policies of the
15administrator in charge of the institution director, of all
16property used in connection with the institution except as
17provided in this chapter.
18 Sec. 362. Section 218.10, Code 2023, is amended to read as
19follows:
20218.10 Subordinate officers and employees.
21The administrator in charge of a particular institution,
22with the consent and approval of the director of human
23services, shall determine the number of subordinate officers
24and employees for the institution. Subject to this chapter,
25the officers and employees shall be appointed and discharged
26by the superintendent or business manager the superintendent’s
27designee pursuant to chapter 8A, subchapter IV. The
28superintendent shall keep, in the record of each subordinate
29officer and employee, the date of employment, the compensation,
30and the date of each discharge, and the reasons for discharge.
31 Sec. 363. Section 218.12, Code 2023, is amended to read as
32follows:
33218.12 Bonds.
34The administrator in charge of any particular institution
35shall require each Each officer and any employee of such
-250-1administrator and of every an institution under the
2administrator’s control who may be charged with the custody
3or control of any money or property belonging to the state to
4give shall provide an official bond, properly conditioned,
5and signed by sufficient sureties in a sum to be fixed by
6the administrator director, which bond shall be approved by
7the administrator director, and filed in the office of the
8secretary of state.
9 Sec. 364. Section 218.13, Code 2023, is amended to read as
10follows:
11218.13 Record checks.
121. For the purposes of this section, unless the context
13otherwise requires:
14a. “Department” means the department of human services.
15b. “Institution” means an institution controlled by the
16department as described in section 218.1.
17c. “Resident” means a person committed or admitted to an
18institution.
192. 1. If a person is being considered for employment
20involving direct responsibility for a resident or with access
21to a resident when the resident is alone, or if a person
22will reside in a facility utilized by an institution, 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 or residence in the facility. The
28department record check evaluation system shall conduct
29criminal and child and dependent adult abuse record checks of
30the person in this state and may conduct these checks in other
31states. The investigation and evaluation shall be performed
32in accordance with procedures adopted for this purpose by the
33department.
343. 2. If the department record check evaluation system
35 determines that a person, who is employed by an institution
-251-1or resides in a facility utilized by an institution, has
2been convicted of a crime or has a record of founded child
3or dependent adult abuse, the department record check
4evaluation system shall perform an evaluation to determine
5whether prohibition of the person’s employment or residence is
6warranted. The evaluation shall be performed in accordance
7with procedures adopted for this purpose by the department.
84. 3. In an evaluation, the department record check
9evaluation system shall consider the nature and seriousness of
10the crime or founded child or dependent adult abuse in relation
11to the position sought or held, the time elapsed since the
12commission of the crime or founded abuse, the circumstances
13under which the crime or founded abuse was committed, the
14degree of rehabilitation, the likelihood that the person will
15commit the crime or founded abuse again, and the number of
16crimes or founded abuses committed by the person involved.
17The department record check evaluation system may permit
18a person who is evaluated to be employed or reside or to
19continue employment or residence if the person complies with
20the department’s record check evaluation system’s conditions
21relating to employment or residence which may include
22completion of additional training.
235. 4. If the department record check evaluation system
24 determines that the person has committed a crime or has a
25record of founded child or dependent adult abuse which warrants
26prohibition of employment or residence, the person shall not
27be employed by an institution or reside in a facility utilized
28by an institution.
29 Sec. 365. Section 218.14, Code 2023, is amended to read as
30follows:
31218.14 Dwelling of superintendent or other employee.
321. The administrator having control over an institution
33may, with consent of the director of human services, may
34 furnish the superintendent of the institution, in addition
35to salary, with a dwelling or with appropriate quarters in
-252-1lieu of the dwelling, or the administrator may compensate the
2superintendent of the institution in lieu of furnishing a
3dwelling or quarters. If the superintendent of the institution
4is furnished with a dwelling or quarters, either of which is
5owned by the state, the superintendent may also be furnished
6with water, heat, and electricity.
72. The administrator having control over an institution
8 director may furnish assistant superintendents or other
9employees, or both, with a dwelling or with appropriate
10quarters, owned by the state. The assistant superintendent or
11employee, who is so furnished, shall pay rent for the dwelling
12or quarters in an amount to be determined by the superintendent
13of the institution director, which shall be the fair market
14rental value of the dwelling or quarters. If an assistant
15superintendent or employee is furnished with a dwelling or
16quarters, either of which is owned by the state, the assistant
17superintendent or employee may also be furnished with water,
18heat, and electricity. However, the furnishing of these
19utilities shall be considered in determining the fair market
20rental value of the dwelling or quarters.
21 Sec. 366. Section 218.15, Code 2023, is amended to read as
22follows:
23218.15 Salaries — how paid.
24The salaries and wages shall be included in the semimonthly
25payrolls and paid in the same manner as other expenses of the
26several institutions.
27 Sec. 367. Section 218.17, Code 2023, is amended to read as
28follows:
29218.17 Authorized leave.
30Vacations and sick leave with pay as authorized in section
3170A.1 shall only be taken at such times as the superintendent
32or the business manager superintendent’s designee in charge
33of an officer or employee, as the case may be, may direct,
34and only after written authorization by the superintendent or
35business manager the superintendent’s designee, and for the
-253-1number of days specified in the authorization. A copy of the
2authorization shall be attached to the institution’s copy of
3the payroll of the institution, for audit purposes, for the
4period during which the vacation was taken, and the semimonthly
5payroll shall show the number of days the person was absent
6under the authorization.
7 Sec. 368. Section 218.21, Code 2023, is amended to read as
8follows:
9218.21 Record of residents.
10The administrator of the department of human services in
11control of a state institution director shall, as to every
12person committed to any of the institutions, keep the following
13record:
141. Name.
152. Residence.
163. Sex.
174. Age.
185. Nativity.
196. Occupation.
207. Civil condition.
218. Date of entrance or commitment.
229. Date of discharge.
2310. Whether a discharge was final.
2411. Condition of the person when discharged.
2512. The name of the institutions from which and to which
26such person has been transferred.
2713. If dead deceased, the date and cause of the person’s
28death.
29 Sec. 369. Section 218.22, Code 2023, is amended to read as
30follows:
31218.22 Record privileged.
32Except with the consent of the administrator in charge of an
33institution director, or on an order of a court of record, the
34record provided in section 218.21 shall be accessible only to
35the administrator of the division of the department of human
-254-1services in control of such institution, the director of the
2department of human services and to assistants and proper
3clerks authorized by such administrator or the administrator’s
4 the director. The administrator of the division of such
5institution is authorized to director may permit the division
6of library services of the department of education and the
7historical division of the department of cultural affairs to
8copy or reproduce by any photographic, photostatic, microfilm,
9microcard or other process which accurately reproduces a
10durable medium for reproducing the original and to destroy
11in the manner described by law such records of residents
12designated in section 218.21.
13 Sec. 370. Section 218.23, Code 2023, is amended to read as
14follows:
15218.23 Reports to administrator director.
16The superintendent of an institution shall, within ten
17days after the commitment or entrance of a person to the
18institution, cause a true copy of the person’s entrance record
19to be made and forwarded to the administrator in control of
20the institution director or the director’s designee. When a
21patient or resident leaves, or is discharged, or transferred
22from, or dies in an institution, the superintendent or person
23in charge shall within ten days after that date send the
24information to the office of the institution’s administrator
25 director or the director’s designee on forms which the
26administrator director prescribes.
27 Sec. 371. Section 218.24, Code 2023, is amended to read as
28follows:
29218.24 Questionable commitment.
30The superintendent is required to shall immediately
31notify the administrator in control of the superintendent’s
32particular institution director if there is any question as
33to the propriety of the commitment or detention of any person
34received at such an institution, and said administrator the
35director, upon such notification, shall inquire into the matter
-255-1presented, and take such proper action as may be deemed proper
2in the premises.
3 Sec. 372. Section 218.26, Code 2023, is amended to read as
4follows:
5218.26 Religious worship.
6Any such resident, during the time of the resident’s
7detention, shall be allowed, for at least one hour on each
8Sunday weekly and in times of extreme sickness, and at such
9other suitable and reasonable times as is consistent with the
10resident’s religious belief and proper discipline in said
11 the institution, to receive spiritual advice, instruction,
12and ministration from any recognized member of the clergy of
13the church or denomination which represents the resident’s
14religious belief.
15 Sec. 373. Section 218.27, Code 2023, is amended to read as
16follows:
17218.27 Religious belief of minors.
18In case such If a resident is a minor and has formed no
19choice, the minor’s preference may, at any time, be expressed
20by the minor with the approval of parents or guardian, if the
21minor has any such a parent or guardian.
22 Sec. 374. Section 218.28, Code 2023, is amended to read as
23follows:
24218.28 Investigation.
25The administrator of the department of human services in
26control of a particular institution or the administrator’s
27authorized officer or employee director or the director’s
28designee shall visit, and minutely examine, at least once in
29six months, and more often if necessary or required by law,
30the institutions under such administrator’s control, and the
31financial condition and management thereof of the institutions.
32 Sec. 375. Section 218.29, Code 2023, is amended to read as
33follows:
34218.29 Scope of investigation.
35The administrator of the department of human services in
-256-1control of a particular institution or the administrator’s
2authorized officer or employee director or the director’s
3designee shall, during such investigation and as far as
4possible, see every resident of each institution, especially
5those admitted since the director’s or the director’s
6designee’s preceding visit, and shall give such residents as
7may require it, suitable opportunity to converse with such
8administrator or authorized officer or employee the director or
9the director’s designee apart from the officers and attendants.
10 Sec. 376. Section 218.30, Code 2023, is amended to read as
11follows:
12218.30 Investigation of other institutions facilities.
13The administrators to whom control of institutions has been
14assigned, or their authorized officers or employees, director
15 may investigate or cause the investigation of charges of abuse,
16neglect, or mismanagement on the part of an officer or employee
17of a private institution facility which is subject to the
18administrator’s particular director’s supervision or control.
19The administrator who has been assigned to have authority over
20the state mental health institutes, or the administrator’s
21authorized officer or employee, director shall also investigate
22or cause the investigation of charges concerning county care
23facilities in which persons with mental illness are served.
24 Sec. 377. Section 218.31, Code 2023, is amended to read as
25follows:
26218.31 Witnesses.
27In aid of any investigation the administrator shall have
28the power to department may summon and compel the attendance
29of witnesses; to examine the witnesses under oath, which the
30administrator shall have power to director or the director’s
31designee may administer; to have access to all books, papers,
32and property material to such investigation; and to order
33the production of any other books or papers material to the
34investigation. Witnesses other than those in the employ of the
35state shall be entitled to the same fees as in civil cases in
-257-1the district court.
2 Sec. 378. Section 218.32, Code 2023, is amended to read as
3follows:
4218.32 Contempt.
5Any person failing or refusing to obey the orders of the
6administrator department issued under section 218.31, or to
7give or produce evidence when required, shall be reported by
8the administrator department to the district court in the
9county where the offense occurs, and shall be dealt with by the
10court as for contempt of court.
11 Sec. 379. Section 218.33, Code 2023, is amended to read as
12follows:
13218.33 Transcript of testimony.
14The particular administrator involved department shall cause
15the testimony taken at such investigation to be transcribed and
16filed in the administrator’s office at the seat of government
17 with the department within ten days after the same testimony
18 is taken, or as soon thereafter as practicable, and when so
19 filed the same testimony shall be open for the inspection of
20any person.
21 Sec. 380. Section 218.41, Code 2023, is amended to read as
22follows:
23218.41 Custody.
24When a resident of an institution is so working outside the
25institution proper, the resident shall be deemed is at all
26times in the actual custody of the head superintendent of the
27institution.
28 Sec. 381. Section 218.42, Code 2023, is amended to read as
29follows:
30218.42 Wages of residents.
31If a resident performs services for the state at an
32institution listed in section 218.1, the administrator in
33control of the institution department shall pay the resident
34a wage in accordance with federal wage and hour requirements.
35However, the wage amount shall not exceed the amount of the
-258-1prevailing wage paid in the state for a like service or its
2equivalent.
3 Sec. 382. Section 218.43, Code 2023, is amended to read as
4follows:
5218.43 Deduction to pay court costs.
6If wages are paid to a resident pursuant to section
7218.42, the administrator in control of an institution listed
8in section 218.1 department may deduct from the wages an
9amount sufficient to pay all or a part of the costs taxed
10to the resident by reason of the resident’s commitment to
11the institution. In such case the amount so deducted shall
12be forwarded to the clerk of the district court or proper
13official.
14 Sec. 383. Section 218.44, Code 2023, is amended to read as
15follows:
16218.44 Wages paid to dependent — deposits.
17If wages are paid to a resident pursuant to section 218.42,
18the administrator in control of an institution listed in
19section 218.1 department may pay all or any part of the wages
20directly to any dependent of the resident. The administrator
21 department may also deposit the wages to the account of the
22resident, or may so deposit part of the wages and allow the
23resident a portion for the resident’s own personal use, or
24may pay to the county of commitment all or any part of the
25resident’s care, treatment, or subsistence while at said the
26 institution from any credit balance accruing to the account of
27the resident.
28 Sec. 384. Section 218.45, Code 2023, is amended to read as
29follows:
30218.45 Conferences.
31Quarterly conferences of the superintendents of the
32institutions shall be held with the administrator in control
33of the institutions director at Des Moines or at institutions
34under the administrator’s director’s jurisdiction, for the
35consideration of all matters relative to the management of
-259-1the institutions. Full minutes of the conferences shall be
2preserved in the records of the administrator department.
3The administrator in control director may cause papers on
4appropriate subjects to be prepared and read presented at the
5conferences.
6 Sec. 385. Section 218.46, Code 2023, is amended to read as
7follows:
8218.46 Scientific investigation.
91. The administrator who is in charge of an institution
10 director shall encourage the scientific investigation, on
11the part of the superintendent and medical staff of the
12institution, as to the most successful methods of institutional
13management and treating treatment of the persons committed to
14the institution. In addition, the administrator department
15 shall procure and furnish to the superintendent and medical
16staff information relative to such management and treatment
17and, from time to time, publish bulletins and reports of
18scientific and clinical work done in that type of institution.
192. The administrators of such state institutions are
20authorized to department may provide services and facilities
21for the scientific observation, rechecking, and treatment of
22persons with mental illness within the state. Application by,
23or on behalf of, any person for such services and facilities
24shall be made to the administrator in charge of the particular
25institution involved and shall be made director on forms
26furnished by such administrator the department. The time and
27place of admission of any person to outpatient or clinical
28services and facilities for scientific observation, rechecking,
29 and treatment and the use of such services and facilities for
30the benefit of persons who have already been hospitalized
31for psychiatric evaluation and appropriate treatment or
32involuntarily hospitalized as seriously mentally ill shall
33be in accordance with rules and regulations adopted by the
34administrator in control of the particular institution involved
35 department.
-260-1 Sec. 386. Section 218.47, Code 2023, is amended to read as
2follows:
3218.47 Monthly report.
4The superintendent or business manager of each institution
5or the superintendent’s designee shall, on the first day of
6each month, account to the administrator in control of the
7particular institution director or the director’s designee for
8all state funds received during the preceding month, and, at
9the same time, remit the accounting to the treasurer of state.
10 Sec. 387. Section 218.48, Code 2023, is amended to read as
11follows:
12218.48 Annual reports.
13The superintendent or business manager of each institution
14or the superintendent’s designee shall make an annual report
15to the administrator in control of the particular institution
16 director and include in the report a detailed and accurate
17inventory of the stock and supplies on hand, and their amount
18and value, under the following headings:
191. Livestock.
202. Farm produce on hand.
213. Vehicles.
224. Agricultural implements.
235. Machinery.
246. Mechanical fixtures.
257. Real estate.
268. Furniture.
279. Bedding in residents’ department.
2810. State property in superintendent’s department.
2911. Clothing.
3012. Dry goods.
3113. Provisions and groceries.
3214. Drugs and medicine.
3315. Fuel.
3416. Library.
3517. All other state property under appropriate headings
-261-1to be determined by the particular administrator involved
2 director.
3 Sec. 388. Section 218.49, Code 2023, is amended to read as
4follows:
5218.49 Contingent fund.
6The administrator in control of an institution director
7 may permit the superintendent or the business manager of
8each institution or the superintendent’s designee to retain
9a stated amount of funds under the superintendent’s or
10business manager’s superintendent’s designee’s supervision
11as a contingent fund for the payment of freight, postage,
12commodities purchased on authority of the particular
13superintendent or business manager involved on a cash basis,
14salaries, and bills granting discount for cash.
15 Sec. 389. Section 218.50, Code 2023, is amended to read as
16follows:
17218.50 Requisition for contingent fund.
18If necessary, the director of the department of human
19services shall make proper requisition upon the director of
20the department of administrative services for a warrant on the
21state treasurer to secure the said contingent fund for each
22institution.
23 Sec. 390. Section 218.51, Code 2023, is amended to read as
24follows:
25218.51 Monthly reports of contingent fund.
26A monthly report of the status of such the contingent fund
27shall be submitted by the proper officer of said superintendent
28of each institution or the superintendent’s designee to
29the administrator in control of the institution involved
30and such director or the director’s designee in accordance
31with applicable rules as such administrator may establish
32 established by the director.
33 Sec. 391. Section 218.52, Code 2023, is amended to read as
34follows:
35218.52 Supplies — competition.
-262- 1The administrator in control of a state institution
2 department shall, in the purchase of supplies, afford all
3reasonable opportunity for competition, and shall give
4preference to local dealers and Iowa producers when such can be
5done without loss to the state.
6 Sec. 392. Section 218.55, Code 2023, is amended to read as
7follows:
8218.55 Purchase from an institution.
9An administrator The department may purchase supplies of
10any institution under the administrator’s control, for use in
11any other institution under the administrator’s control, and
12reasonable payment for the supplies shall be made as in the
13case of other purchases.
14 Sec. 393. Section 218.56, Code 2023, is amended to read as
15follows:
16218.56 Purchase of supplies — vendor warrants.
171. The administrators department shall, from time to time,
18 adopt and make of record rules and regulations governing the
19purchase of all articles and supplies needed at the various
20institutions under their control and the form and verification
21of vouchers for such purchases.
222. The department of human services shall mail vendor
23warrants for the department of corrections.
24 Sec. 394. Section 218.57, Code 2023, is amended to read as
25follows:
26218.57 Combining appropriations.
27The director of the department of administrative services
28may combine the balances carried in all specific appropriations
29into a special account for each institution under the control
30of a particular administrator, except that the support fund for
31each institution shall be carried as a separate account.
32 Sec. 395. Section 218.58, Code 2023, is amended to read as
33follows:
34218.58 Construction, repair, and improvement projects —
35emergencies.
-263- 1The department shall work with the department of
2administrative services to accomplish the following
3responsibilities:
41. The department shall prepare and submit to the director
5of the department of management, as provided in section
68.23, a multiyear construction program including estimates of
7the expenditure requirements for the construction, repair,
8or improvement of buildings, grounds, or equipment at the
9institutions listed in section 218.1.
102. The director department shall have plans and
11specifications prepared by the department of administrative
12services for authorized construction, repair, or improvement
13projects costing over the competitive bid threshold in section
1426.3, or as established in section 314.1B. An appropriation
15for a project shall not be expended until the department of
16administrative services has adopted plans and specifications
17and has completed a detailed estimate of the cost of the
18project, prepared under the supervision of a licensed architect
19or licensed professional engineer. Plans and specifications
20shall not be adopted and a project shall not proceed if the
21project would require an expenditure of money in excess of the
22appropriation.
233. The department of administrative services shall comply
24with the competitive bid procedures in chapter 26 to let all
25contracts under chapter 8A, subchapter III, for authorized
26construction, repair, or improvement of departmental buildings,
27grounds, or equipment.
284. If the director of the department of human services
29 and the director of the department of administrative services
30determine that emergency repairs or improvements estimated
31to cost more than the competitive bid threshold in section
3226.3, or as established in section 314.1B are necessary to
33assure the continued operation of a departmental institution,
34the requirements of subsections 2 and 3 for preparation
35of plans and specifications and competitive procurement
-264-1procedures are waived. A determination of necessity for
2waiver by the director of the department of human services
3 and the director of the department of administrative services
4shall be in writing and shall be entered in the project
5record for emergency repairs or improvements. Emergency
6repairs or improvements shall be accomplished using plans and
7specifications and competitive quotation or bid procedures, as
8applicable, to the greatest extent possible, considering the
9necessity for rapid completion of the project. A waiver of
10the requirements of subsections 2 and 3 does not authorize an
11expenditure in excess of an amount otherwise authorized for the
12repair or improvement.
135. A claim for payment relating to a project shall be
14itemized on a voucher form pursuant to section 8A.514,
15certified by the claimant and the architect or engineer
16in charge, and audited and approved by the department of
17administrative services. Upon approval by the department of
18administrative services, the director of the department of
19administrative services shall draw a warrant to be paid by the
20treasurer of state from funds appropriated for the project.
21A partial payment made before completion of the project does
22not constitute final acceptance of the work or a waiver of any
23defect in the work.
246. Subject to the prior approval of the administrator
25in control of a departmental institution director or the
26director’s designee, minor projects costing five thousand
27dollars or less may be authorized and completed by the
28executive head superintendent of the institution through the
29use of day labor. A contract is not required if a minor project
30is to be completed with the use of resident labor.
31 Sec. 396. Section 218.64, Code 2023, is amended to read as
32follows:
33218.64 Investigation of death.
341. For the purposes of this section, unless the context
35otherwise requires, “institution” and “resident” mean the same
-265-1as defined in section 218.13.
22. Upon the death of a resident of an institution,
3the county medical examiner shall conduct a preliminary
4investigation of the death as provided in section 331.802. The
5cost of the preliminary investigation shall be paid by the
6department of human services.
7 Sec. 397. Section 218.65, Code 2023, is amended to read as
8follows:
9218.65 Property of deceased resident.
10The superintendent or business manager of each institution
11 department shall, upon the death of any resident or patient,
12immediately take possession of all property of the deceased
13left at the institution, and deliver the property to the duly
14appointed and qualified representative of the deceased.
15 Sec. 398. Section 218.66, Code 2023, is amended to read as
16follows:
17218.66 Property of small value.
18If administration be is not granted within one year from
19the date of the death of the decedent, and the value of the
20estate of the decedent is so small as to make the granting
21of administration inadvisable, then delivery of the money
22and other property left by the decedent may be made to the
23surviving spouse and heirs of the decedent.
24 Sec. 399. Section 218.69, Code 2023, is amended to read as
25follows:
26218.69 Permanent record.
27A complete permanent record of the money transmitted to the
28treasurer of state under section 218.68, showing by whom and
29with whom it the money was left, its the amount, the date of
30the death of the owner, the owner’s reputed place of residence
31before the owner became a resident of the institution, the date
32on which it the money was transmitted to the state treasurer,
33and any other facts which may tend to identify the intestate
34and explain the case, shall be kept by the superintendent
35of the institution or business manager, as the case may be
-266-1 department, and a transcript of the record shall be sent to,
2 and kept by, the treasurer of state.
3 Sec. 400. Section 218.70, Code 2023, is amended to read as
4follows:
5218.70 Payment to party entitled.
6Moneys transmitted to the treasurer of state under section
7218.68 shall be paid, at any time within ten years from the
8death of the intestate, to any person who is shown to be
9entitled thereto to the moneys. Payment shall be made from the
10state treasury out of the support fund of such institution in
11the manner provided for the payment of other claims from that
12fund.
13 Sec. 401. Section 218.72, Code 2023, is amended to read as
14follows:
15218.72 Temporary quarters in emergency.
16In case the buildings at any institution under the control of
17an administrator are destroyed or rendered unfit for habitation
18by reason of fire, storms, or other like causes, to such an
19extent that the residents cannot be housed and cared for, the
20administrator director shall make temporary provision for the
21housing and care of the residents at some other place in the
22state. Like provision may be made in case any pestilence
23breaks out among the residents. The reasonable cost of the
24change, including transfer of residents, shall be paid from any
25moneys in the state treasury not otherwise appropriated.
26 Sec. 402. Section 218.78, Code 2023, is amended to read as
27follows:
28218.78 Institutional receipts deposited.
291. All institutional receipts of the department of human
30services, including funds received from client participation
31at the state resource centers under section 222.78 and at the
32state mental health institutes under section 230.20, shall be
33deposited in the general fund except for reimbursements for
34services provided to another institution or state agency, for
35receipts deposited in the revolving farm fund under section
-267-1904.706, for deposits into the medical assistance fund under
2section 249A.11, and for rentals charged to employees or
3others for room, apartment, or house and meals, which shall be
4available to the institutions.
52. If approved by the director of human services, the
6department may use appropriated funds for the granting of
7educational leave.
8 Sec. 403. Section 218.83, Code 2023, is amended to read as
9follows:
10218.83 Administrative improvement.
11The director of human services and the administrators
12assigned to have authority over the institutions shall
13cooperate with any department or agency of the state government
14in any manner, including the exchange of employees, calculated
15to improve administration of the affairs of the institutions.
16 Sec. 404. Section 218.84, Code 2023, is amended to read as
17follows:
18218.84 Abstracting claims and keeping accounts.
19The director of the department of human services or the
20director’s designee shall have sole charge of abstracting and
21certifying claims for payment and the keeping of a central
22system of accounts in institutions under the director’s
23control.
24 Sec. 405. Section 218.85, Code 2023, is amended to read as
25follows:
26218.85 Uniform system of accounts.
27The director of human services through the administrators in
28control of the institutions department shall install in all the
29institutions the most modern, complete, and uniform system of
30accounts, records, and reports possible. The system shall be
31prescribed by the director of the department of administrative
32services as authorized in section 8A.502, subsection 13, and,
33among other matters, shall clearly show the detailed facts
34relative to the handling and uses of all purchases.
35 Sec. 406. Section 218.86, Code 2023, is amended to read as
-268-1follows:
2218.86 Abstract of claims.
3Vouchers for expenditures other than salaries shall be
4submitted to the director of the department of administrative
5services, who shall prepare in triplicate an abstract of
6claims submitted showing the name of the claimant and the
7institutions and institutional fund on account of which the
8payment is made. The claims and abstracts of claims shall be
9returned to the director of the department of human services
10 where the correctness of the abstracts shall be certified by
11the director. The original abstract shall be delivered to the
12director of the department of administrative services, the
13duplicate to be retained in the office of the director, of the
14department of human services and the triplicate forwarded to
15the proper institution to be retained as a record of claims
16paid.
17 Sec. 407. Section 218.87, Code 2023, is amended to read as
18follows:
19218.87 Warrants issued by director of the department of
20administrative services.
21Upon such certificate the director of the department of
22administrative services shall, if the institution named has
23sufficient funds, issue the director’s warrants upon the state
24treasurer, for the amounts and to the claimants indicated
25thereon on the warrants. The director of the department of
26administrative services shall deliver the warrants thus issued
27to the director of human services department, who will cause
28same the warrants to be transmitted to the payees thereof of
29the warrants.
30 Sec. 408. Section 218.88, Code 2023, is amended to read as
31follows:
32218.88 Institutional payrolls.
33At the close of each pay period, the superintendent or
34business manager of each institution shall prepare and forward
35to the director of human services or the director’s designee a
-269-1semimonthly payroll which shall show the name of each officer
2and employee, the semimonthly pay, time paid for, the amount of
3pay, and any deductions. A substitute shall not be permitted
4to receive compensation in the name of the employee for whom
5the substitute is acting.
6 Sec. 409. Section 218.92, Code 2023, is amended to read as
7follows:
8218.92 Patients Residents with dangerous mental disturbances.
9When a patient in a state resource center for persons with
10an intellectual disability, a state mental health institute,
11or another resident of an institution under the administration
12of the department of human services has become so mentally
13disturbed as to constitute a danger to self, to other patients
14 residents or staff of the institution, or to the public,
15and the institution cannot provide adequate security, the
16administrator in charge of the institution director or the
17director’s designee, with the consent of the director of the
18Iowa department of corrections, may order the patient resident
19 to be transferred to the Iowa medical and classification
20center, if the superintendent of the institution from which
21the patient resident is to be transferred, with the support
22of a majority of the medical staff, recommends the transfer
23in the interest of the patient resident, other patients
24 residents, or the public. If the patient resident transferred
25was hospitalized pursuant to sections 229.6 through 229.15,
26the transfer shall be promptly reported to the court that
27ordered the hospitalization of the patient resident, as
28required by section 229.15, subsection 5. The Iowa medical
29and classification center has the same rights, duties, and
30responsibilities with respect to the patient resident as the
31institution from which the patient resident was transferred
32had while the patient was hospitalized in the institution.
33The cost of the transfer shall be paid from the funds of the
34institution from which the transfer is made.
35 Sec. 410. Section 218.93, Code 2023, is amended to read as
-270-1follows:
2218.93 Consultants for director or administrators department.
3The director of human services or the administrators in
4control of the institutions are authorized to department
5may secure the services of consultants to furnish advice on
6administrative, professional, or technical problems to the
7director or the administrators, their department employees,
8or employees of institutions under their jurisdiction or to
9provide in-service training and instruction for the employees.
10The director and administrators are authorized to department
11may pay the consultants at a rate to be determined by them the
12department from funds under their the department’s control
13or from any institutional funding under their the director’s
14 jurisdiction as the director or administrator may determine.
15 Sec. 411. Section 218.94, Code 2023, is amended to read as
16follows:
17218.94 Director may buy and sell real estate — options.
181. The director of the department of human services
19shall have full power to may secure options to purchase real
20estate, to acquire and sell real estate, and to grant utility
21easements, for the proper uses of said the institutions.
22Real estate shall be acquired and sold and utility easements
23granted, upon such terms and conditions as the director may
24determine. Upon sale of the real estate, the proceeds shall
25be deposited with the treasurer of state and credited to the
26general fund of the state. There is hereby appropriated from
27the general fund of the state a sum equal to the proceeds so
28 deposited and credited to the general fund of the state to the
29department of human services, which may be used to purchase
30other real estate or for capital improvements upon property
31under the director’s control.
322. The costs incident to securing of options, acquisition
33and sale of real estate and granting of utility easements,
34including but not limited to appraisals, invitations for
35offers, abstracts, and other necessary costs, may be paid
-271-1from moneys appropriated for support and maintenance to the
2institution at which such the real estate is located. Such
3fund costs shall be reimbursed from the proceeds of the sale.
4 Sec. 412. Section 218.95, Code 2023, is amended to read as
5follows:
6218.95 Synonymous terms.
71. For purposes of construing the provisions of this and
8the following subtitles of this title and chapters 904, 913,
9and 914 relating to persons with mental illness and reconciling
10these provisions with other former and present provisions of
11statute, the following terms shall be considered synonymous:
12a. “Mentally ill” and “insane”, except that the
13hospitalization or detention of any person for treatment
14of mental illness shall not constitute a finding or create
15a presumption that the individual is legally insane in the
16absence of a finding of incompetence made pursuant to section
17229.27.
18b. “Parole” and “convalescent leave”.
19c. “Resident” and “patient”.
20d. “Escape” and “depart without proper authorization”.
21e. “Warrant” and “order of admission”.
22f. “Escapee” and “patient”.
23g. “Sane” and “in good mental health”.
24h. “Commitment” and “admission”.
252. It is hereby declared to be the policy of the general
26assembly that words which have come to have a degrading meaning
27shall not be employed in institutional records having reference
28to persons with various mental conditions and that in all
29records pertaining to persons with various mental conditions
30the less discriminatory of the foregoing synonyms shall be
31employed.
32 Sec. 413. Section 218.96, Code 2023, is amended to read as
33follows:
34218.96 Gifts, grants, and devises, and bequests.
35The director of the department of human services is
-272-1authorized to may accept gifts, grants, devises, or bequests of
2real or personal property from the federal government or any
3source. The director may exercise such powers with reference
4to the property so accepted as may be deemed essential to its
5 the property’s preservation and the purposes for which given,
6granted, devised, or bequeathed.
7 Sec. 414. Section 218.98, Code 2023, is amended to read as
8follows:
9218.98 Canteen maintained.
10The administrators in control of the institutions may
11maintain a A canteen may be maintained at any institution
12under their jurisdiction and control for the sale to persons
13residing in the institution of items including but not limited
14to toilet articles, candy, tobacco products, notions, and other
15sundries, and may provide the necessary facilities, equipment,
16personnel, and merchandise for such sale may be provided. The
17administrators department shall specify what commodities will
18be sold in the canteen. The department may establish and
19maintain a permanent operating fund for each canteen. The fund
20shall consist of the receipts from the sale of commodities at
21the canteen.
22 Sec. 415. Section 218.99, Code 2023, is amended to read as
23follows:
24218.99 Counties to be notified of patients’ personal
25accounts.
26The administrator in control of a state institution shall
27direct the business manager superintendent of each institution
28under the administrator’s jurisdiction which is mentioned
29 facility specified in section 331.424, subsection 1, paragraph
30“a”, subparagraphs (1) and (2), and for which services are paid
31by the county of residence or a mental health and disability
32services region, to shall quarterly inform the county of
33residence of any patient or resident person committed or
34admitted to the facility who has an amount in excess of two
35hundred dollars on account in the patients’ person’s personal
-273-1deposit fund and the amount on deposit. The administrators
2shall direct the business manager to superintendent shall
3 further notify the county of residence at least fifteen days
4before the release of funds in excess of two hundred dollars
5or upon the death of the patient or resident person. If the
6patient or resident person has no residency in this state or
7the person’s residency is unknown, notice shall be made to the
8director of human services and the administrator in control of
9the institution involved department.
10 Sec. 416. Section 218.100, Code 2023, is amended to read as
11follows:
12218.100 Central warehouse and supply depot.
13The department of human services shall establish a fund for
14maintaining and operating a central warehouse as a supply depot
15and distribution facility for surplus government products,
16carload canned goods, paper products, other staples, and such
17other items as determined by the department. The fund shall be
18permanent and shall be composed of the receipts from the sales
19of merchandise, recovery of handling, operating and delivery
20charges of such merchandise, and from the funds contributed by
21the institutions now in a contingent fund being used for this
22purpose. All claims for purchases of merchandise, operating,
23and salary expenses shall be subject to the provisions of
24sections 218.86, 218.87, and 218.88.
25 Sec. 417. Section 221.2, Code 2023, is amended to read as
26follows:
27221.2 Administrator Compact administrator.
28Pursuant to the compact, the administrator of the division
29of mental health and disability services The director of
30the department of health and human services shall be the
31 designate a compact administrator. The compact administrator
32may cooperate with all departments, agencies, and officers of
33this state and its subdivisions in facilitating the proper
34administration of the compact and of any supplementary
35agreement entered into by this state under the compact.
-274-1 Sec. 418. Section 221.4, Code 2023, is amended to read as
2follows:
3221.4 Payments.
4The compact administrator, subject to the approval of the
5director of the department of human services, may make or
6arrange for any payments necessary to discharge any financial
7obligations imposed upon this state by the compact or by any
8supplementary agreement entered into thereunder under the
9compact.
10 Sec. 419. Section 222.1, subsection 2, Code 2023, is amended
11to read as follows:
122. The Glenwood state resource center and the Woodward
13state resource center are established and shall be maintained
14as the state’s regional resource centers for the purpose of
15providing treatment, training, instruction, care, habilitation,
16and support of persons with an intellectual disability or other
17disabilities in this state, and providing facilities, services,
18and other support to the communities located in the region
19being served by a state resource center. In addition, the
20state resource centers are encouraged to serve as a training
21resource for community-based program staff, medical students,
22and other participants in professional education programs. A
23resource center may request the approval of the council on
24human services to change the name of the resource center for
25use in communication with the public, in signage, and in other
26forms of communication.
27 Sec. 420. Section 222.2, Code 2023, is amended to read as
28follows:
29222.2 Definitions.
30When used in this chapter, unless the context otherwise
31requires:
321. “Administrator” means the person assigned by the director
33of human services, in accordance with section 218.1, to control
34the state resource centers.
352. 1. “Auditor” means the county auditor or the auditor’s
-275-1designee.
22. “Council” means the council on health and human services.
33. “Department” means the department of health and human
4services.
54. “Director” means the director of health and human
6services.
74. 5. “Intellectual disability” means the same as defined
8in section 4.1.
95. 6. “Mental health and disability services region” means
10a mental health and disability services region formed in
11accordance with section 331.389.
126. 7. “Regional administrator” means the regional
13administrator of a mental health and disability services
14region, as defined in section 331.388.
157. 8. “Special unit” means a special intellectual
16disability unit established at a state mental health institute
17pursuant to sections 222.88 through 222.91.
188. 9. “State resource centers” or “resource centers” means
19the Glenwood state resource center and the Woodward state
20resource center.
219. 10. “Superintendents” means the superintendents of the
22state resource centers.
23 Sec. 421. Section 222.3, Code 2023, is amended to read as
24follows:
25222.3 Superintendents.
26The administrator director shall appoint a qualified
27superintendent for each of the resource centers who shall
28receive such salary as the administrator director shall
29determine.
30 Sec. 422. Section 222.4, Code 2023, is amended to read as
31follows:
32222.4 Duties of superintendents.
33The superintendents shall:
341. Perform all duties required by law and by the
35administrator director not inconsistent with law.
-276- 12. Oversee and insure individual treatment and professional
2care of each patient in the resource centers.
33. Maintain a full and complete record of the condition of
4each patient in the resource centers.
54. Have custody, control, and management of all patients in
6such manner as deemed best subject to the regulations of the
7administrator department.
8 Sec. 423. Section 222.5, Code 2023, is amended to read as
9follows:
10222.5 Preadmission diagnostic evaluation.
11No A person shall not be eligible for admission to a resource
12center or a special unit until a preadmission diagnostic
13evaluation has been made by a resource center or a special unit
14which confirms or establishes the need for admission.
15 Sec. 424. Section 222.7, Code 2023, is amended to read as
16follows:
17222.7 Transfers.
18The administrator department may transfer patients from one
19state resource center to the other and may at any time transfer
20patients from the resource centers to the hospitals for persons
21with mental illness, or transfer patients in the resource
22centers to a special unit or vice versa. The administrator
23 department may also transfer patients from a hospital for
24persons with mental illness to a resource center if consent is
25given or obtained as follows:
261. In the case of a patient who entered the hospital for
27persons with mental illness voluntarily, consent is given in
28advance by the patient or, if the patient is a minor or is
29incompetent, the person responsible for the patient.
302. In the case of a patient hospitalized pursuant to
31sections 229.6 through 229.15, the consent of the court which
32hospitalized the patient is obtained in advance, rather than
33afterward as otherwise permitted by section 229.15, subsection
344.
35 Sec. 425. Section 222.8, Code 2023, is amended to read as
-277-1follows:
2222.8 Communications by patients.
3Persons admitted to the resource centers or a special
4unit shall have all reasonable opportunity and facility for
5communication with their friends. Such persons shall be
6permitted to write and send letters, provided the letters
7contain nothing of an offensive character. Letters written by
8any patient to the administrator director or to any state or
9county official shall be forwarded unopened.
10 Sec. 426. Section 222.10, Code 2023, is amended to read as
11follows:
12222.10 Duty of peace officer.
13When any person with an intellectual disability departs
14without proper authority from an institution a facility in
15another state and is found in this state, any peace officer in
16any county in which such patient is found may take and detain
17the patient without warrant or order and shall report such
18detention to the administrator department. The administrator
19 department shall provide for the return of the patient to the
20authorities in the state from which the unauthorized departure
21was made. Pending return, such patient may be detained
22temporarily at one of the institutions of this state governed
23by the administrator or by the administrator of the division of
24child and family services of the department of human services
25 department. The provisions of this section relating to the
26administrator department shall also apply to the return of
27other nonresident persons with an intellectual disability
28having legal residency outside the state of Iowa.
29 Sec. 427. Section 222.11, Code 2023, is amended to read as
30follows:
31222.11 Expense.
32All actual and necessary expenses incurred in the taking
33into protective custody, restraint, and transportation of such
34patients to the resource centers shall be paid on itemized
35vouchers, sworn to by the claimants, and approved by the
-278-1superintendent and the administrator director from any moneys
2in the state treasury not otherwise appropriated.
3 Sec. 428. Section 222.13, subsection 2, Code 2023, is
4amended to read as follows:
52. If the resource center does not have an appropriate
6program for the treatment of an adult or minor person with an
7intellectual disability applying under this section or section
8222.13A, the regional administrator for the person’s county of
9residence or the department, as applicable, shall arrange for
10the placement of the person in any public or private facility
11within or without the state, approved by the director of human
12services, which offers appropriate services for the person.
13 If the expenses of the placement are payable in whole or in
14part by a county, the placement shall be made by the regional
15administrator for the county.
16 Sec. 429. Section 222.13A, subsection 1, Code 2023, is
17amended to read as follows:
181. If a minor is believed to be a person with an
19intellectual disability, the minor’s parent, guardian, or
20custodian may apply to the department for admission of the
21minor as a voluntary patient in a state resource center. If
22the resource center does not have appropriate services for the
23minor’s treatment, the department may arrange for the admission
24of the minor in a public or private facility within or without
25the state, approved by the director of human services, which
26offers appropriate services for the minor’s treatment.
27 Sec. 430. Section 222.60, subsection 1, unnumbered
28paragraph 1, Code 2023, is amended to read as follows:
29All necessary and legal expenses for the cost of admission or
30for the treatment, training, instruction, care, habilitation,
31support, and transportation of persons with an intellectual
32disability, as provided for in the applicable regional service
33system management plan implemented pursuant to section 331.393
34in a state resource center, or in a special unit, or any public
35or private facility within or without the state, approved by
-279-1the director of human services, shall be paid by either:
2 Sec. 431. Section 222.64, Code 2023, is amended to read as
3follows:
4222.64 Foreign state or country or unknown residency.
5If the residency of the person is determined by a regional
6administrator on behalf of a county or by the state to be in
7a foreign state or country or is determined to be unknown,
8the regional administrator or the state shall certify the
9determination. The certification shall be accompanied by a
10copy of the evidence supporting the determination. The care of
11the person shall be as arranged by the regional administrator
12or the state. Application for admission may be made pending
13investigation by the administrator department.
14 Sec. 432. Section 222.65, Code 2023, is amended to read as
15follows:
16222.65 Investigation.
17If an application is made for placement of a person in
18a state resource center or special unit, the department’s
19administrator department shall immediately investigate the
20residency of the person and proceed as follows:
211. If the administrator department concurs with a certified
22determination as to residency of the person in another state
23or in a foreign country, or the person’s residence is unknown
24under section 222.60, the administrator department shall cause
25the person either to be transferred to a resource center or
26a special unit or to be transferred to the place of foreign
27residency.
282. If the administrator department disputes a certified
29determination of residency, the administrator department shall
30order the person transferred to a state resource center or a
31special unit until the dispute is resolved.
323. If the administrator department disputes a certified
33determination of residency, the administrator department shall
34utilize the procedure provided in section 331.394 to resolve
35the dispute. A determination of the person’s residency status
-280-1made pursuant to section 331.394 is conclusive.
2 Sec. 433. Section 222.66, Code 2023, is amended to read as
3follows:
4222.66 Transfers — no residency in state or residency
5unknown — expenses.
6The transfer to a resource center or a special unit or to the
7place of residency of a person with an intellectual disability
8who has no residence in this state or whose residency is
9unknown, shall be made in accordance with such directions as
10shall be prescribed by the administrator director and when
11practicable by employees of the state resource center or the
12special unit. The actual and necessary expenses of such
13transfers shall be paid by the department on itemized vouchers
14sworn to by the claimants and approved by the administrator
15 director and the approved amount is appropriated to the
16department from any funds in the state treasury not otherwise
17appropriated.
18 Sec. 434. Section 222.67, Code 2023, is amended to read as
19follows:
20222.67 Charge on finding of residency.
21If a person has been received into a resource center or a
22special unit as a patient whose residency is unknown and the
23administrator director determines that the residency of the
24patient was at the time of admission in a county of this state,
25the administrator director shall certify the determination and
26charge all legal costs and expenses pertaining to the admission
27and support of the patient to the county of residence. The
28certification shall be sent to the county of residence. The
29certification shall be accompanied by a copy of the evidence
30supporting the determination. If the person’s residency status
31has been determined in accordance with section 331.394, the
32legal costs and expenses shall be charged to the county in
33accordance with that determination. The costs and expenses
34shall be collected as provided by law in other cases.
35 Sec. 435. Section 222.69, Code 2023, is amended to read as
-281-1follows:
2222.69 Payment by state.
3The amount necessary to pay the necessary and legal expenses
4of admission of a person to a resource center or a special unit
5when the person’s residence is outside this state or is unknown
6is appropriated to the department from any moneys in the state
7treasury not otherwise appropriated. Such payments shall be
8made by the department on itemized vouchers executed by the
9auditor of the county from which the expenses have been paid
10and approved by the administrator director or the director’s
11designee.
12 Sec. 436. Section 222.73, subsection 5, Code 2023, is
13amended to read as follows:
145. A superintendent of a resource center or special unit
15may request that the director of human services enter into a
16contract with a person for the resource center or special unit
17to provide consultation or treatment services or for fulfilling
18other purposes which are consistent with the purposes stated in
19section 222.1. The contract provisions shall include charges
20which reflect the actual cost of providing the services. Any
21income from a contract authorized under this subsection may
22be retained by the resource center or special unit to defray
23the costs of providing the services or fulfilling the other
24purposes. Except for a contract voluntarily entered into by a
25county under this subsection, the costs or income associated
26with a contract authorized under this subsection shall not
27be considered in computing charges and per diem costs in
28accordance with the provisions of subsections 1 through 4.
29 Sec. 437. Section 222.78, Code 2023, is amended to read as
30follows:
31222.78 Parents and others liable for support.
321. The father and mother of any patient admitted to a
33resource center or to a special unit, as either an inpatient
34or an outpatient, and any person, firm, or corporation bound
35by contract made for support of the patient are liable for the
-282-1support of the patient. The patient and those legally bound
2for the support of the patient shall be liable to the county or
3state, as applicable, for all sums advanced in accordance with
4the provisions of sections 222.60 and 222.77.
52. The liability of any person, other than the patient,
6who is legally bound for the support of a patient who is
7under eighteen years of age in a resource center or a special
8unit shall not exceed the average minimum cost of the care
9of a normally intelligent minor without a an intellectual
10 disability of the same age and sex as the minor patient. The
11administrator department shall establish the scale for this
12purpose but the scale shall not exceed the standards for
13personal allowances established by the state division under
14the family investment program. The father or mother shall
15incur liability only during any period when the father or
16mother either individually or jointly receive a net income
17from whatever source, commensurate with that upon which they
18would be liable to make an income tax payment to this state.
19The father or mother of a patient shall not be liable for the
20support of the patient upon the patient attaining eighteen
21years of age. Nothing in this section shall be construed to
22prevent a relative or other person from voluntarily paying the
23full actual cost as established by the administrator department
24 for caring for the patient with an intellectual disability.
25 Sec. 438. Section 222.84, Code 2023, is amended to read as
26follows:
27222.84 Patients’ personal deposit fund.
28There is hereby established at each resource center and
29special unit a fund which shall be known as the “patients’
30personal deposit fund”; provided that in. In the case of
31a special unit, the director may direct that the patients’
32personal deposit fund be maintained and administered as a part
33of the fund established, pursuant to sections 226.43 through
34226.46, by the state mental health institute where the special
35unit is located.
-283-1 Sec. 439. Section 222.86, Code 2023, is amended to read as
2follows:
3222.86 Payment for care from fund.
4If a patient is not receiving medical assistance under
5chapter 249A and the amount in the account of any patient
6in the patients’ personal deposit fund exceeds two hundred
7dollars, the business manager of the resource center or special
8unit department may apply any amount of the excess to reimburse
9the county of residence or the state for liability incurred by
10the county or the state for the payment of care, support, and
11maintenance of the patient, when billed by the county or state,
12as applicable.
13 Sec. 440. Section 222.87, Code 2023, is amended to read as
14follows:
15222.87 Deposit in bank.
16The business manager department shall deposit the patients’
17personal deposit fund in a commercial account of a bank of
18reputable standing. When deposits in the commercial account
19exceed average monthly withdrawals, the business manager
20 department may deposit the excess at interest. The savings
21account shall be in the name of the patients’ personal deposit
22fund and interest paid thereon on the account may be used for
23recreational purposes for the patients at the resource center
24or special unit.
25 Sec. 441. Section 222.88, Code 2023, is amended to read as
26follows:
27222.88 Special intellectual disability unit.
28The director of human services may organize and establish a
29special intellectual disability unit at an existing institution
30which may provide:
311. Psychiatric and related services to children with an
32intellectual disability and adults who are also emotionally
33disturbed with an emotional disturbance or otherwise mentally
34ill a mental illness.
352. Specific programs to meet the needs of such other special
-284-1categories of persons with an intellectual disability as may
2be designated by the director.
33. Appropriate diagnostic evaluation services.
4 Sec. 442. Section 225.1, subsection 2, Code 2023, is amended
5by adding the following new paragraph:
6 NEW PARAGRAPH. c. “Respondent” means the same as defined
7in section 229.1.
8 Sec. 443. Section 225.5, Code 2023, is amended to read as
9follows:
10225.5 Cooperation of hospitals.
11The medical director of the state psychiatric hospital
12shall seek to bring about systematic cooperation between the
13several state hospitals for persons with mental illness health
14institutes and the state psychiatric hospital.
15 Sec. 444. Section 225.26, Code 2023, is amended to read as
16follows:
17225.26 Private patients — disposition of funds.
18All moneys collected from private patients shall be used for
19the support of the said state psychiatric hospital.
20 Sec. 445. Section 225.28, Code 2023, is amended to read as
21follows:
22225.28 Appropriation.
23The state shall pay to the state psychiatric hospital, out of
24any moneys in the state treasury not otherwise appropriated,
25all expenses for the administration of the hospital, and for
26the care, treatment, and maintenance of committed and voluntary
27public patients therein in the state psychiatric hospital,
28including their clothing and all other expenses of the hospital
29for the public patients. The bills for the expenses shall be
30rendered monthly in accordance with rules agreed upon by the
31director of the department of administrative services and the
32state board of regents.
33 Sec. 446. Section 225.33, Code 2023, is amended to read as
34follows:
35225.33 Death of patient — disposal of body.
-285- 1In the event that a When a committed public patient or
2a voluntary public patient or a committed private patient
3should die dies while at the state psychiatric hospital or
4at the university hospital, the state psychiatric hospital
5shall have the body prepared for shipment in accordance with
6the rules prescribed by the state board of health council on
7health and human services for shipping such bodies; and it
8shall be. It is the duty of the state board of regents to make
9arrangements for the embalming and such other preparation as
10may be necessary to comply with the rules and for the purchase
11of suitable caskets.
12 Sec. 447. Section 225.35, Code 2023, is amended to read as
13follows:
14225.35 Expense collected.
15In the event that the said When a person is a committed
16private patient, it shall be is the duty of the county
17auditor of the proper county to proceed to collect all of such
18expenses, in accordance with the provisions of sections 225.23
19and 225.24.
20 Sec. 448. Section 225C.2, Code 2023, is amended to read as
21follows:
22225C.2 Definitions.
23As used in this chapter:
241. “Administrator” means the administrator of the division.
252. 1. “Child” or “children” means a person or persons under
26eighteen years of age.
273. 2. “Children’s behavioral health services” means services
28for children with a serious emotional disturbance.
294. 3. “Children’s behavioral health system” or “children’s
30system” means the behavioral health service system for children
31implemented pursuant to this subchapter.
325. 4. “Commission” means the mental health and disability
33services commission.
345. “Council” means the council on health and human services.
356. “Department” means the department of health and human
-286-1services.
27. “Director” means the director of health and human
3services.
48. “Disability services” means services and other support
5available to a person with mental illness, an intellectual
6disability or other developmental disability, or brain injury.
79. “Division” means the division of mental health and
8disability services of the department.
910. 9. “Mental health and disability services region”
10means a mental health and disability services region formed in
11accordance with section 331.389.
1211. 10. “Mental health and disability services regional
13service system” means the mental health and disability service
14system for a mental health and disability services region.
1512. 11. “Regional administrator” means the same as defined
16in section 331.388.
1713. 12. “Serious emotional disturbance” means a diagnosable
18mental, behavioral, or emotional disorder of sufficient
19duration to meet diagnostic criteria specified within the most
20current diagnostic and statistical manual of mental disorders
21published by the American psychiatric association that results
22in a functional impairment. “Serious emotional disturbance”
23does not include substance use or developmental disorders
24unless those disorders co-occur with such a diagnosable mental,
25behavioral, or emotional disorder.
2614. 13. “State board” means the children’s behavioral
27health system state board created in section 225C.51.
28 Sec. 449. Section 225C.3, Code 2023, is amended to read as
29follows:
30225C.3 Division of mental health and disability services
31 Department — state mental health authority.
321. The division department is designated the state mental
33health authority as defined in 42 U.S.C. §201(m) (1976) for
34the purpose of directing the benefits of the National Mental
35Health Act, 42 U.S.C. §201 et seq. This designation does
-287-1not preclude the state board of regents from authorizing or
2directing any institution under its jurisdiction to carry out
3educational, prevention, and research activities in the areas
4of mental health and intellectual disability. The division
5 department may contract with the state board of regents or any
6institution under the board’s jurisdiction to perform any of
7these functions.
82. The division department is designated the state
9developmental disabilities agency for the purpose of directing
10the benefits of the federal Developmental Disabilities
11Assistance and Bill of Rights Act, 42 U.S.C. §15001 et seq.
123. The division is administered by the administrator. The
13administrator of the division shall be qualified in the general
14field of mental health, intellectual disability, or other
15disability services, and preferably in more than one field.
16The administrator shall have at least five years of experience
17as an administrator in one or more of these fields.
18 Sec. 450. Section 225C.4, Code 2023, is amended to read as
19follows:
20225C.4 Administrator’s Department duties.
211. To the extent funding is available, the administrator
22 department shall perform the following duties:
23a. Prepare and administer the comprehensive mental health
24and disability services plan as provided in section 225C.6B,
25including state mental health and intellectual disability
26plans for the provision of disability services within the
27state and the state developmental disabilities plan. The
28administrator department shall take into account any related
29planning activities implemented by the Iowa department of
30public health, the state board of regents or a body designated
31by the board for that purpose, the department of management
32or a body designated by the director of the department for
33that purpose, the department of education, the department of
34workforce development and any other appropriate governmental
35body, in order to facilitate coordination of disability
-288-1services provided in this state. The state mental health and
2intellectual disability plans shall be consistent with the
3state health plan, and shall take into account mental health
4and disability services regional service system management
5plans.
6b. Assist mental health and disability services region
7governing boards and regional administrators in planning for
8community-based disability services.
9c. Assist the state board in planning for community-based
10children’s behavioral health services.
11d. Emphasize the provision of evidence-based outpatient and
12community support services by community mental health centers
13and local intellectual disability providers as a preferable
14alternative to acute inpatient services and services provided
15in large institutional settings.
16e. Encourage and facilitate coordination of mental health
17and disability services with the objective of developing
18and maintaining in the state a mental health and disability
19service delivery system to provide services to all persons
20in this state who need the services, regardless of the place
21of residence or economic circumstances of those persons.
22The administrator department shall work with the commission
23and other state agencies, including but not limited to the
24departments of corrections, and education, and public health
25and the state board of regents, to develop and implement a
26strategic plan to expand access to qualified mental health
27workers across the state.
28f. Encourage and facilitate applied research and preventive
29educational activities related to causes and appropriate
30treatment for disabilities. The administrator department may
31designate, or enter into agreements with, private or public
32agencies to carry out this function.
33g. Coordinate community-based services with those of the
34state mental health institutes and state resource centers.
35h. Administer state programs regarding the care, treatment,
-289-1and supervision of persons with mental illness or an
2intellectual disability, except the programs administered by
3the state board of regents.
4i. Administer and distribute state appropriations in
5connection with the mental health and disability services
6regional service fund established by section 225C.7A.
7j. Act as compact administrator with power to effectuate the
8purposes of interstate compacts on mental health.
9k. Establish and maintain a data collection and management
10information system oriented to the needs of patients,
11providers, the department, and other programs or facilities in
12accordance with section 225C.6A. The system shall be used to
13identify, collect, and analyze service outcome and performance
14measures data in order to assess the effects of the services
15on the persons utilizing the services. The administrator
16 department shall annually submit to the commission information
17collected by the department indicating the changes and trends
18in the mental health and disability services system. The
19administrator department shall make the outcome data available
20to the public.
21l. Encourage and facilitate coordination of children’s
22behavioral health services with the objective of developing
23and maintaining in the state a children’s behavioral health
24system to provide behavioral health services to all children
25in this state who need the services, regardless of the place
26of residence or economic circumstances of those children.
27The administrator department shall work with the state board
28and other state agencies including but not limited to the
29department of education and the department of public health
30 to develop and implement a strategic plan to expand access to
31qualified mental health workers across the state.
32m. Establish and maintain a data collection and management
33information system oriented to the needs of children utilizing
34the children’s behavioral health system, providers, the
35department, and other programs or facilities in accordance
-290-1with section 225C.6A. The system shall be used to identify,
2collect, and analyze service outcome and performance measures
3data in order to assess the effects of the services on the
4children utilizing the services. The administrator department
5 shall annually submit to the state board information collected
6by the department indicating the changes and trends in the
7children’s behavioral health system. The administrator
8 department shall make the outcome data available to the public.
9n. Prepare a division budget and reports of the division’s
10 department’s activities.
11o. Establish suitable agreements with other state
12agencies to encourage appropriate care and to facilitate the
13coordination of disability services.
14p. Provide consultation and technical assistance to
15patients’ advocates appointed pursuant to section 229.19,
16in cooperation with the judicial branch and the certified
17volunteer long-term care ombudsmen certified pursuant to
18section 231.45.
19q. Provide technical assistance to agencies and
20organizations, to aid them in meeting standards which are
21established, or with which compliance is required, under
22statutes administered by the administrator department,
23including but not limited to chapters 227 and 230A.
24r. Recommend to the commission minimum accreditation
25standards for the maintenance and operation of community mental
26health centers, services, and programs under section 230A.110.
27The administrator’s department’s review and evaluation of the
28centers, services, and programs for compliance with the adopted
29standards shall be as provided in section 230A.111.
30s. Recommend to the commission minimum standards for
31supported community living services. The administrator
32 department shall review and evaluate the services for
33compliance with the adopted standards.
34t. In cooperation with the department of inspections and
35appeals, recommend minimum standards under section 227.4 for
-291-1the care of and services to persons with mental illness or an
2intellectual disability residing in county care facilities.
3The administrator department shall also cooperate with the
4department of inspections and appeals in recommending minimum
5standards for care of and services provided to persons with
6mental illness or an intellectual disability living in a
7residential care facility regulated under chapter 135C.
8u. In cooperation with the Iowa department of public health,
9recommend Recommend minimum standards for the maintenance and
10operation of public or private facilities offering disability
11services, which are not subject to licensure by the department
12or the department of inspections and appeals.
13v. Provide technical assistance concerning disability
14services and funding to mental health and disability services
15region governing boards and regional administrators.
16w. Coordinate with the mental health planning and advisory
17council created pursuant to 42 U.S.C. §300x-3 to ensure the
18council membership includes representation by a military
19veteran who is knowledgeable concerning the behavioral and
20mental health issues of veterans.
21x. Enter into performance-based contracts with
22regional administrators as described in section 331.390.
23A performance-based contract shall require a regional
24administrator to fulfill the statutory and regulatory
25requirements of the regional service system under this chapter
26and chapter 331. A failure to fulfill the requirements may be
27addressed by remedies specified in the contract, including but
28not limited to suspension of contract payments or cancellation
29of the contract. The contract provisions may include but are
30not limited to requirements for the regional service system
31to attain outcomes within a specified range of acceptable
32performance in any of the following categories:
33(1) Access standards for the required core services.
34(2) Penetration rates for serving the number of persons
35expected to be served.
-292- 1(3) Utilization rates for inpatient and residential
2treatment.
3(4) Readmission rates for inpatient and residential
4treatment.
5(5) Employment of the persons receiving services.
6(6) Administrative costs.
7(7) Data reporting.
8(8) Timely and accurate claims processing.
9(9) School attendance.
10y. Provide information through the internet concerning
11waiting lists for services implemented by mental health and
12disability services regions.
132. The administrator department may:
14a. Apply for, receive, and administer federal aids, grants,
15and gifts for purposes relating to disability services or
16programs.
17b. Establish and supervise suitable standards of care,
18treatment, and supervision for persons with disabilities in
19all institutions under the control of the director of human
20services.
21c. Appoint professional consultants to furnish advice on
22any matters pertaining to disability services. The consultants
23shall be paid as provided by an appropriation of the general
24assembly.
25d. Administer a public housing unit within a bureau of
26the division program to apply for, receive, and administer
27federal assistance, grants, and other public or private funds
28for purposes related to providing housing in accordance with
29section 225C.45.
30 Sec. 451. Section 225C.5, subsection 1, paragraph j, Code
312023, is amended to read as follows:
32j. One member shall be an active board member of an agency
33serving persons with a substance abuse problem use disorder
34 selected from nominees submitted by the Iowa behavioral health
35association.
-293-1 Sec. 452. Section 225C.6, Code 2023, is amended to read as
2follows:
3225C.6 Duties of commission.
41. To the extent funding is available, the commission shall
5perform the following duties:
6a. Advise the administrator department on the administration
7of the overall state disability services system.
8b. Pursuant to recommendations made for this purpose by
9the administrator director, adopt necessary rules pursuant to
10chapter 17A which relate to disability programs and services,
11including but not limited to definitions of each disability
12included within the term “disability services” as necessary for
13purposes of state, county, and regional planning, programs, and
14services.
15c. Adopt standards for community mental health centers,
16services, and programs as recommended under section 230A.110.
17The administrator department shall determine whether to grant,
18deny, or revoke the accreditation of the centers, services, and
19programs.
20d. Adopt standards for the provision under the medical
21assistance program of individual case management services.
22e. Unless another governmental body sets standards for a
23service available to persons with disabilities, adopt state
24standards for that service. The commission shall review the
25licensing standards used by the department of human services
26 or department of inspections and appeals for those facilities
27providing disability services.
28f. Assure that proper reconsideration and appeal procedures
29are available to persons aggrieved by decisions, actions, or
30circumstances relating to accreditation.
31g. Adopt necessary rules for awarding grants from the state
32and federal government as well as other moneys that become
33available to the division department for grant purposes.
34h. Annually submit to the governor and the general assembly:
35(1) A report concerning the activities of the commission.
-294- 1(2) Recommendations formulated by the commission for
2changes in law.
3i. By January 1 of each odd-numbered year, submit to the
4governor and the general assembly an evaluation of:
5(1) The extent to which services to persons with
6disabilities are actually available to persons in each county
7and mental health and disability services region in the state
8and the quality of those services.
9(2) The effectiveness of the services being provided by
10disability service providers in this state and by each of the
11state mental health institutes established under chapter 226
12and by each of the state resource centers established under
13chapter 222.
14j. Advise the administrator director, the council on human
15services, the governor, and the general assembly on budgets and
16appropriations concerning disability services.
17k. Coordinate activities with the Iowa developmental
18disabilities council and the mental health planning council,
19created pursuant to federal law. The commission shall work
20with other state agencies on coordinating, collaborating, and
21communicating concerning activities involving persons with
22disabilities.
23l. Pursuant to a recommendation made by the administrator
24 department, identify basic financial eligibility standards
25for the disability services provided by a mental health and
26disability services region. The initial standards shall be as
27specified in chapter 331.
28m. Identify disability services outcomes and indicators to
29support the ability of eligible persons with a disability to
30live, learn, work, and recreate in communities of the persons’
31choice. The identification duty includes but is not limited to
32responsibility for identifying, collecting, and analyzing data
33as necessary to issue reports on outcomes and indicators at the
34county, region, and state levels.
352. Notwithstanding section 217.3, subsection 6, the
-295-1commission may adopt the rules authorized by subsection 1,
2pursuant to chapter 17A, without prior review and approval of
3those rules by the council on human services.
43. If the executive branch creates a committee, task
5force, council, or other advisory body to consider disability
6services policy or program options involving children or adult
7consumers, the commission is designated to receive and consider
8any report, findings, recommendations, or other work product
9issued by such body. The commission may address the report,
10findings, recommendations, or other work product in fulfilling
11the commission’s functions and to advise the department,
12council on human services, governor, and general assembly
13concerning disability services.
144. a. The department shall coordinate with the
15department of inspections and appeals in the establishment of
16facility-based and community-based, subacute mental health
17services.
18b. A person shall not provide community-based, subacute
19mental health services unless the person has been accredited
20to provide the services. The commission shall adopt standards
21for subacute mental health services and for accreditation of
22providers of community-based, subacute mental health services.
23c. As used in this subsection, “subacute mental health
24services” means all of the following:
25(1) A comprehensive set of wraparound services for persons
26who have had or are at imminent risk of having acute or
27crisis mental health symptoms that do not permit the persons
28to remain in or threatens removal of the persons from their
29home and community, but who have been determined by a mental
30health professional and a licensed health care professional,
31subject to the professional’s scope of practice, not to need
32inpatient acute hospital services. For the purposes of this
33subparagraph, “mental health professional” means the same as
34defined in section 228.1 and “licensed health care professional”
35means a person licensed under chapter 148 to practice medicine
-296-1and surgery or osteopathic medicine and surgery, an advanced
2registered nurse practitioner licensed under chapter 152 or
3152E, or a physician assistant licensed to practice under the
4supervision of a physician as authorized in chapters 147 and
5148C.
6(2) Intensive, recovery-oriented treatment and monitoring
7of the person with direct or remote access to a psychiatrist or
8advanced registered nurse practitioner.
9(3) An outcome-focused, interdisciplinary approach designed
10to return the person to living successfully in the community.
11(4) Services that may be provided in a wide array of
12settings ranging from the person’s home to a facility providing
13subacute mental health services.
14(5) Services that are time limited to not more than ten
15days or another time period determined in accordance with rules
16adopted for this purpose.
17d. Subacute mental health services and the standards for
18the services shall be established in a manner that allows for
19accessing federal Medicaid funding.
20 Sec. 453. Section 225C.6B, Code 2023, is amended to read as
21follows:
22225C.6B Mental health and disability services system —
23legislative intent — comprehensive plan — state and regional
24service systems.
251. Intent.
26a. The general assembly intends for the state to implement
27a comprehensive, continuous, and integrated state mental
28health and disability services plan in accordance with
29the requirements of sections 225C.4 and 225C.6 and other
30provisions of this chapter, by increasing the department’s
31responsibilities in the development, funding, oversight, and
32ongoing leadership of mental health and disability services in
33this state.
34b. In order to further the purposes listed in section 225C.1
35and in other provisions of this chapter, the general assembly
-297-1intends that efforts focus on the goal of making available a
2comprehensive array of high-quality, evidence-based consumer
3and family-centered mental health and disability services and
4other support in the least restrictive, community-based setting
5appropriate for a consumer.
6c. In addition, it is the intent of the general assembly
7to promote policies and practices that achieve for consumers
8the earliest possible detection of mental health problems and
9the need for disability services and for early intervention;
10to stress that all health care programs address mental health
11disorders with the same urgency as physical health disorders;
12to promote the policies of all public programs that serve
13adults and children with mental disorders or with a need
14for disability services, including but not limited to child
15welfare, Medicaid, education, housing, criminal and juvenile
16justice, substance abuse use disorder treatment, and employment
17services; to consider the special mental health and disability
18services needs of adults and children; and to promote recovery
19and resiliency as expected outcomes for all consumers.
202. Comprehensive plan. The division department shall
21develop a comprehensive written five-year state mental health
22and disability services plan with annual updates and readopt
23the plan every five years. The plan shall describe the key
24components of the state’s mental health and disability services
25system, including the services that are community-based, state
26institution-based, or regional or state-based. The five-year
27plan and each update shall be submitted annually to the
28commission on or before October 30 for review and approval.
293. State and regional disability service systems. The
30publicly financed disability services for persons with mental
31illness, intellectual disability or other developmental
32disability, or brain injury in this state shall be provided by
33the department and the counties operating together as regions.
34The financial and administrative responsibility for such
35services is as follows:
-298- 1a. Disability services for children and adults that are
2covered under the medical assistance program pursuant to
3chapter 249A are the responsibility of the state.
4b. Adult mental health and intellectual disability services
5that are not covered under the medical assistance program are
6the responsibility of the county-based regional service system.
7c. Children’s behavioral health services provided to
8eligible children that are not covered under the medical
9assistance program or other third-party payor are the
10responsibility of the county-based regional service system.
11 Sec. 454. Section 225C.6C, Code 2023, is amended to read as
12follows:
13225C.6C Regional service system — regulatory requirements.
141. The departments department and the department of
15inspections, and appeals, human services, and public health and
16licensing shall comply with the requirements of this section in
17their efforts to improve the regulatory requirements applied
18to the mental health and disability services regional service
19system administration and service providers.
202. The three departments shall work together to establish
21a process to streamline accreditation, certification, and
22licensing standards applied to the regional service system
23administration and service providers.
243. The departments of human services and inspections and
25appeals shall jointly review the standards and inspection
26process applicable to residential care facilities.
274. The three departments shall do all of the following in
28developing regulatory requirements applicable to the regional
29service system administration and service providers:
30a. Consider the costs to regional administrators and
31providers in the development of quality monitoring efforts.
32b. Implement the use of uniform, streamlined, and statewide
33cost reporting standards and tools by the regional service
34system and the department of human services.
35c. Make quality monitoring information, including services,
-299-1quality, and location information, easily available and
2understandable to all citizens.
3d. Establish standards that are clearly understood and are
4accompanied by interpretive guidelines to support understanding
5by those responsible for applying the standards.
6e. Develop a partnership with providers in order to
7improve the quality of services and develop mechanisms for the
8provision of technical assistance.
9f. Develop consistent data collection efforts based on
10statewide standards and make information available to all
11providers. The efforts under this paragraph shall be made with
12representatives of the Iowa state association of counties.
13g. Evaluate existing provider qualification and monitoring
14efforts to identify duplication and gaps, and align the efforts
15with valued outcomes.
16h. Streamline and enhance existing standards.
17i. Consider allowing providers to seek accreditation from
18a national accrediting body in lieu of state accreditation or
19certification.
20 Sec. 455. Section 225C.7A, subsection 7, Code 2023, is
21amended to read as follows:
227. a. For the fiscal year beginning July 1, 2021, each
23mental health and disability services region for which the
24amount certified during the fiscal year under section 331.391,
25subsection 4, paragraph “b”, exceeds forty percent of the actual
26expenditures of the region for the fiscal year preceding the
27fiscal year in progress, the remaining quarterly payments of
28the region’s regional service payment shall be reduced by
29an amount equal to the amount by which the region’s amount
30certified under section 331.391, subsection 4, paragraph “b”,
31exceeds forty percent of the actual expenditures of the region
32for the fiscal year preceding the fiscal year in progress, but
33the amount of the reduction shall not exceed the total amount
34of the region’s regional service payment for the fiscal year.
35If the region’s remaining quarterly payments are insufficient
-300-1to effectuate the required reductions under this paragraph, the
2region is required to pay to the department of human services
3 any amount for which the reduction in quarterly payments could
4not be made. The amount of reductions to quarterly payments
5and amounts paid to the department under this paragraph shall
6be transferred and credited to the region incentive fund under
7subsection 8.
8b. For the fiscal year beginning July 1, 2022, each mental
9health and disability services region for which the amount
10certified during the fiscal year under section 331.391,
11subsection 4, paragraph “b”, exceeds twenty percent of the
12actual expenditures of the region for the fiscal year preceding
13the fiscal year in progress, the remaining quarterly payments
14of the region’s regional service payment shall be reduced by
15an amount equal to the amount by which the region’s amount
16certified under section 331.391, subsection 4, paragraph “b”,
17exceeds twenty percent of the actual expenditures of the region
18for the fiscal year preceding the fiscal year in progress, but
19the amount of the reduction shall not exceed the total amount
20of the region’s regional service payment for the fiscal year.
21If the region’s remaining quarterly payments are insufficient
22to effectuate the required reductions under this paragraph, the
23region is required to pay to the department of human services
24 any amount for which the reduction in quarterly payments could
25not be made. The amount of reductions to quarterly payments
26and amounts paid to the department under this paragraph shall
27be transferred and credited to the region incentive fund under
28subsection 8.
29c. For the fiscal year beginning July 1, 2023, and each
30succeeding fiscal year, each mental health and disability
31services region for which the amount certified during the
32fiscal year under section 331.391, subsection 4, paragraph “b”,
33exceeds five percent of the actual expenditures of the region
34for the fiscal year preceding the fiscal year in progress, the
35remaining quarterly payments of the region’s regional service
-301-1payment shall be reduced by an amount equal to the amount by
2which the region’s amount certified under section 331.391,
3subsection 4, paragraph “b”, exceeds five percent of the actual
4expenditures of the region for the fiscal year preceding the
5fiscal year in progress, but the amount of the reduction
6shall not exceed the total amount of the region’s regional
7service payment for the fiscal year. If the region’s remaining
8quarterly payments are insufficient to effectuate the required
9reductions under this paragraph, the region is required to
10pay to the department of human services any amount for which
11the reduction in quarterly payments could not be made. The
12amount of reductions to quarterly payments and amounts paid to
13the department under this paragraph shall be transferred and
14credited to the region incentive fund under subsection 8.
15 Sec. 456. Section 225C.13, Code 2023, is amended to read as
16follows:
17225C.13 Authority to establish and lease facilities.
181. The administrator assigned, in accordance with section
19218.1, to control the state mental health institutes and the
20state resource centers department may enter into agreements
21under which a facility or portion of a facility administered by
22the administrator department under section 218.1 is leased to a
23department or a division of state government, a county or group
24of counties, a mental health and disability services region, or
25a private nonprofit corporation organized under chapter 504. A
26lease executed under this section shall require that the lessee
27use the leased premises to deliver either disability services
28or other services normally delivered by the lessee.
292. The division administrator director may work with the
30appropriate administrator of the department’s institutions to
31establish mental health and intellectual disability services
32for all institutions under the control of the director of human
33services and to establish an autism unit, following mutual
34planning and consultation with the medical director of the
35state psychiatric hospital, at an institution or a facility
-302-1administered by the department to provide psychiatric and
2related services and other specific programs to meet the needs
3of autistic persons with autism, and to furnish appropriate
4diagnostic evaluation services.
5 Sec. 457. Section 225C.19, Code 2023, is amended to read as
6follows:
7225C.19 Emergency mental health crisis services system.
81. For the purposes of this section:
9a. “Emergency mental health crisis services provider” means
10a provider accredited or approved by the department to provide
11emergency mental health crisis services.
12b. “Emergency mental health crisis services system” or
13“services system” means a coordinated array of crisis services
14for providing a response to assist an individual adult or child
15who is experiencing a mental health crisis or who is in a
16situation that is reasonably likely to cause the individual to
17have a mental health crisis unless assistance is provided.
182. a. The division department shall implement an emergency
19mental health crisis services system in consultation with
20counties, and community mental health centers and other mental
21health and social service providers, in accordance with this
22section.
23b. The purpose of the services system is to provide a
24statewide array of time-limited intervention services to reduce
25escalation of crisis situations, relieve the immediate distress
26of individuals experiencing a crisis situation, reduce the risk
27of individuals in a crisis situation doing harm to themselves
28or others, and promote timely access to appropriate services
29for those who require ongoing mental health services.
30c. The services system shall be available twenty-four hours
31per day, seven days per week to any individual who is in or is
32determined by others to be in a crisis situation, regardless of
33whether the individual has been diagnosed with a mental illness
34or a co-occurring mental illness and substance abuse use
35 disorder. The system shall address all ages, income levels,
-303-1and health coverage statuses.
2d. The goals of an intervention offered by a provider
3under the services system shall include but are not limited to
4symptom reduction, stabilization of the individual receiving
5the intervention, and restoration of the individual to a
6previous level of functioning.
7e. The elements of the services system shall be specified in
8administrative rules adopted by the commission.
93. The services system elements shall include but are not
10limited to all of the following:
11a. Standards for accrediting or approving emergency mental
12health crisis services providers. Such providers may include
13but are not limited to a community mental health center
14designated under chapter 230A, a unit of the department or
15other state agency, a county, a mental health and disability
16services region, or any other public or private provider who
17meets the accreditation or approval standards for an emergency
18mental health crisis services provider.
19b. Identification by the division department of geographic
20regions, groupings of mental health and disability services
21regions, service areas, or other means of distributing and
22organizing the emergency mental health crisis services system
23to ensure statewide availability of the services.
24c. Coordination of emergency mental health crisis services
25with all of the following:
26(1) The district and juvenile courts.
27(2) Law enforcement.
28(3) Judicial district departments of correctional services.
29(4) Mental health and disability services regions.
30(5) Other mental health, substance abuse use disorder, and
31co-occurring mental illness and substance abuse use disorder
32 services available through the state and counties to serve both
33children and adults.
34d. Identification of basic services to be provided through
35each accredited or approved emergency mental health crisis
-304-1services provider which may include but are not limited to
2face-to-face crisis intervention, stabilization, support,
3counseling, preadmission screening for individuals who may
4require psychiatric hospitalization, transportation, and
5follow-up services.
6e. Identification of operational requirements for emergency
7mental health crisis services provider accreditation or
8approval which may include providing a telephone hotline,
9mobile crisis staff, collaboration protocols, follow-up with
10community services, information systems, and competency-based
11training.
124. The division department shall initially implement
13the program through a competitive block grant process.
14The implementation shall be limited to the extent of the
15appropriations provided for the program.
16 Sec. 458. Section 225C.19A, Code 2023, is amended to read
17as follows:
18225C.19A Crisis stabilization programs.
19The department shall accredit, certify, or apply standards
20of review to authorize the operation of crisis stabilization
21programs, including crisis stabilization programs operating
22in a psychiatric medical institution for children pursuant
23to chapter 135H that provide children with mental health,
24substance abuse use disorder, and co-occurring mental health
25and substance abuse use disorder services. In authorizing the
26operation of a crisis stabilization program, the department
27shall apply the relevant requirements for an emergency mental
28health crisis services provider and system under section
29225C.19. A program authorized to operate under this section is
30not required to be licensed under chapter 135B, 135C, 135G, or
31135H, or certified under chapter 231C. The commission shall
32adopt rules to implement this section. The department shall
33accept accreditation of a crisis stabilization program by a
34national accrediting organization in lieu of applying the rules
35adopted in accordance with this section to the program.
-305-1 Sec. 459. Section 225C.20, Code 2023, is amended to read as
2follows:
3225C.20 Responsibilities of mental health and disability
4services regions for individual case management services.
5Individual case management services funded under the medical
6assistance program shall be provided by the department except
7when a county or a consortium of counties contracts with the
8department to provide the services. A regional administrator
9may contract for one or more counties of the region to be
10the provider at any time and the department shall agree to
11the contract so long as the contract meets the standards for
12case management adopted by the department. The regional
13administrator may subcontract for the provision of case
14management services so long as the subcontract meets the same
15standards. A regional administrator may change the provider
16of individual case management services at any time. If the
17current or proposed contract is with the department, the
18regional administrator shall provide written notification of
19a change at least ninety days before the date the change will
20take effect.
21 Sec. 460. Section 225C.21, Code 2023, is amended to read as
22follows:
23225C.21 Supported community living services.
241. As used in this section, “supported community living
25services” means services provided in a noninstitutional
26setting to adult persons with mental illness, an intellectual
27disability, or developmental disabilities to meet the persons’
28daily living needs.
292. The commission shall adopt rules pursuant to chapter 17A
30establishing minimum standards for supported community living
31services. The administrator department shall determine whether
32to grant, deny, or revoke approval for any supported community
33living service.
343. Approved supported community living services may receive
35funding from the state, federal and state social services block
-306-1grant funds, and other appropriate funding sources, consistent
2with state legislation and federal regulations. The funding
3may be provided on a per diem, per hour, or grant basis, as
4appropriate.
5 Sec. 461. Section 225C.23, Code 2023, is amended to read as
6follows:
7225C.23 Brain injury recognized as disability.
81. The department of human services, the Iowa department of
9public health, the department of education and its divisions
10 division of special education and of the department of
11education, the division of vocational rehabilitation services
12of the department of workforce development, the department of
13human rights and its division for persons with disabilities,
14 the department for the blind, and all other state agencies
15which serve persons with brain injuries, shall recognize brain
16injury as a distinct disability and shall identify those
17persons with brain injuries among the persons served by the
18state agency.
192. For the purposes of this section, “brain injury” means
20the same as defined in section 135.22.
21 Sec. 462. Section 225C.29, Code 2023, is amended to read as
22follows:
23225C.29 Compliance.
24Except for a violation of section 225C.28B, subsection
252, the sole remedy for violation of a rule adopted by the
26commission to implement sections 225C.25, 225C.26, 225C.28A,
27and 225C.28B shall be by a proceeding for compliance initiated
28by request to the division department pursuant to chapter
2917A. Any decision of the division department shall be in
30accordance with due process of law and is subject to appeal to
31the Iowa district court pursuant to sections 17A.19 and 17A.20
32by any aggrieved party. Either the division department or a
33party in interest may apply to the Iowa district court for an
34order to enforce the decision of the division department. Any
35rules adopted by the commission to implement sections 225C.25,
-307-1225C.26, 225C.28A, and 225C.28B do not create any right,
2entitlement, property, or liberty right or interest, or private
3cause of action for damages against the state or a political
4subdivision of the state or for which the state or a political
5subdivision of the state would be responsible. Any violation
6of section 225C.28B, subsection 2, shall solely be subject to
7the enforcement by the commissioner of insurance and penalties
8granted by chapter 507B for a violation of section 507B.4,
9subsection 3, paragraph “g”.
10 Sec. 463. Section 225C.35, Code 2023, is amended to read as
11follows:
12225C.35 Definitions.
13For purposes of this subchapter, unless the context
14otherwise requires:
151. “Department” means the department of human services.
162. 1. “Family” means a family member and the parent or
17legal guardian of the family member.
183. 2. “Family member” means a person less than eighteen
19years of age who by educational determination has a moderate,
20severe, or profound educational disability or special
21health care needs or who otherwise meets the definition
22of developmental disability in the federal Developmental
23Disabilities Assistance and Bill of Rights Act, as codified
24in 42 U.S.C. §15002. The department shall adopt rules
25establishing procedures for determining whether a child has a
26developmental disability.
274. 3. “Legal guardian” means a person appointed by a court
28to exercise powers over a family member.
295. 4. “Medical assistance” means payment of all or part of
30the care authorized to be provided pursuant to chapter 249A the
31same as defined in section 249A.2.
326. 5. “Parent” means a biological or adoptive parent.
337. 6. “Supplemental security income” means financial
34assistance provided to individuals pursuant to Tit.XVI of the
35federal Social Security Act, 42 U.S.C. §1381 – 1383c.
-308-1 Sec. 464. Section 225C.37, subsection 1, paragraph d, Code
22023, is amended to read as follows:
3d. A statement that if the child receives medical
4assistance, then the family support subsidy shall only be used
5for the cost of a service which is not covered by medical
6assistance. The family may receive welfare public assistance
7for which the family is eligible.
8 Sec. 465. Section 225C.45, Code 2023, is amended to read as
9follows:
10225C.45 Public housing unit program.
111. The administrator department may establish a public
12housing unit within a bureau of the division program to apply
13for, receive, and administer federal assistance, grants, and
14other public or private funds for purposes related to providing
15housing.
162. In implementing the public housing unit program, the
17division department may do all of the following:
18a. Prepare, implement, and operate housing projects
19and provide for the construction, improvement, extension,
20alteration, or repair of a housing project under the division’s
21 department’s jurisdiction.
22b. Develop and implement studies, conduct analyses, and
23engage in research concerning housing and housing needs. The
24information obtained from these activities shall be made
25available to the public and to the building, housing, and
26supply industries.
27c. Cooperate with the Iowa finance authority, and
28 participate in any of the authority’s programs. Use, and use
29 any funds obtained pursuant to subsection 1 to participate in
30the authority’s programs. The division department shall comply
31with rules adopted by the authority as the rules apply to the
32housing activities of the division department.
333. In accepting contributions, grants, or other financial
34assistance from the federal government relating to a housing
35activity of the division department, including construction,
-309-1operation, or maintenance, or in managing a housing project or
2undertaking constructed or owned by the federal government, the
3division department may do any of the following:
4a. Comply with federally required conditions or enter into
5contracts or agreements as may be necessary, convenient, or
6desirable.
7b. Take any other action necessary or desirable in order
8to secure the financial aid or cooperation of the federal
9government.
10c. Include in a contract with the federal government for
11financial assistance any provision which the federal government
12may require as a condition of the assistance that is consistent
13with the provisions of this section.
144. The division department shall not proceed with a housing
15project pursuant to this section, unless both of the following
16conditions are met:
17a. A study for a report which includes recommendations
18concerning the housing available within a community is publicly
19issued by the division department. The study shall be included
20in the division’s department’s recommendations for a housing
21project.
22b. The division’s department’s recommendations are approved
23by a majority of the city council or board of supervisors
24with jurisdiction over the geographic area affected by the
25recommendations.
265. Property acquired or held pursuant to this section
27is public property used for essential public purposes and is
28declared to be exempt from any tax or special assessment of the
29state or any state public body as defined in section 403A.2.
30In lieu of taxes on the property, the division department may
31agree to make payments to the state or a state public body,
32including but not limited to the division department, as the
33division department finds necessary to maintain the purpose of
34providing low-cost housing in accordance with this section.
356. Any property owned or held by the division department
-310-1 pursuant to this section is exempt from levy and sale by
2execution. An execution or other judicial process shall not be
3issued against the property and a judgment against the division
4 department shall not be a lien or charge against the property.
5However, the provisions of this subsection shall not apply to
6or limit the right of the federal government to pursue any
7remedies available under this section. The provisions of this
8subsection shall also not apply to or limit the right of an
9obligee to take either of the following actions:
10a. Foreclose or otherwise enforce a mortgage or other
11security executed or issued pursuant to this section.
12b. Pursue remedies for the enforcement of a pledge or lien
13on rents, fees, or revenues.
147. In any contract with the federal government to provide
15annual payments to the division department, the division
16 department may obligate itself to convey to the federal
17government possession of or title to the housing project
18in the event of a substantial default as defined in the
19contract and with respect to the covenant or conditions to
20which the division department is subject. The obligation
21shall be specifically enforceable and shall not constitute a
22mortgage. The contract may also provide that in the event of
23a conveyance, the federal government may complete, operate,
24manage, lease, convey, or otherwise deal with the housing
25project and funds in accordance with the terms of the contract.
26However, the contract shall require that, as soon as is
27practicable after the federal government is satisfied that all
28defaults with respect to the housing project are cured and the
29housing project will be operated in accordance with the terms
30of the contract, the federal government shall reconvey the
31housing project to the division department.
328. The division department shall not undertake a housing
33project pursuant to this section until a public hearing has
34been held. At the hearing, the division department shall
35notify the public of the proposed project’s name, location,
-311-1number of living units proposed, and approximate cost. Notice
2of the public hearing shall be published at least once in a
3newspaper of general circulation at least fifteen days prior to
4the date set for the hearing.
5 Sec. 466. Section 225C.47, subsection 2, Code 2023, is
6amended to read as follows:
72. A comprehensive family support program is created in the
8department of human services to provide a statewide system of
9services and support to eligible families. The program shall
10be implemented in a manner which enables a family member of
11an individual with a disability to identify the services and
12support needed to enable the individual to reside with the
13individual’s family, to function more independently, and to
14increase the individual’s integration into the community.
15 Sec. 467. Section 225C.49, Code 2023, is amended to read as
16follows:
17225C.49 Departmental duties concerning services to
18individuals with a disability.
191. The department shall provide coordination of the
20programs administered by the department which serve individuals
21with a disability and the individuals’ families, including but
22not limited to the following juvenile justice and child welfare
23services: family-centered services described under section
24232.102, decategorization of child welfare funding provided
25for under section 232.188, and foster care services paid under
26section 234.35, subsection 3. The department shall regularly
27review administrative rules associated with such programs
28and make recommendations to the council on human services,
29governor, and general assembly for revisions to remove barriers
30to the programs for individuals with a disability and the
31individuals’ families including the following:
32a. Eligibility prerequisites which require declaring the
33individual at risk of abuse, neglect, or out-of-home placement.
34b. Time limits on services which restrict addressing ongoing
35needs of individuals with a disability and their families.
-312- 12. The department shall coordinate the department’s
2programs and funding utilized by individuals with a disability
3and their families with other state and local programs and
4funding directed to individuals with a disability and their
5families.
63. In implementing the provisions of this section, the
7department shall do all of the following:
8a. Compile information concerning services and other support
9available to individuals with a disability and their families.
10Make the information available to individuals with a disability
11and their families and department staff.
12b. Utilize internal training resources or contract for
13additional training of staff concerning the information
14under paragraph “a” and training of families and individuals
15as necessary to implement the family support subsidy and
16comprehensive family support programs under this chapter.
174. The department shall designate one individual whose sole
18duties are to provide central coordination of the programs
19under sections 225C.36 and 225C.47 and to oversee development
20and implementation of the programs.
21 Sec. 468. Section 225C.51, Code 2023, is amended to read as
22follows:
23225C.51 Children’s behavioral health system state board.
241. A children’s behavioral health system state board
25is created as the state body to provide guidance on the
26implementation and management of a children’s behavioral health
27system for the provision of services to children with a serious
28emotional disturbance. State board members shall be appointed
29on the basis of interest and experience in the fields of
30children’s behavioral health to ensure adequate representation
31from persons with life experiences and from persons
32knowledgeable about children’s behavioral health services. The
33department shall provide support to the state board, and the
34board may utilize staff support and other assistance provided
35to the state board by other persons. The state board shall
-313-1meet at least four times per year. The membership of the state
2board shall consist of the following persons:
3a. The director of the department of health and human
4services or the director’s designee.
5b. The director of the department of education or the
6director’s designee.
7c. The director of the department of public health or the
8director’s designee.
9d. c. The director of workforce development or the
10director’s designee.
11e. d. A member of the mental health and disability services
12commission.
13f. e. Members appointed by the governor who are active
14members of each of the indicated groups:
15(1) One member shall be selected from nominees submitted by
16the state court administrator.
17(2) One member shall be selected from nominees submitted by
18the early childhood Iowa office program in the department of
19management.
20(3) One member shall be a board member or an employee of a
21provider of mental health services to children.
22(4) One member shall be a board member or an employee of a
23provider of child welfare services.
24(5) One member shall be an administrator of an area
25education agency.
26(6) One member shall be an educator, counselor, or
27administrator of a school district.
28(7) One member shall be a representative of an established
29advocacy organization whose mission or purpose it is, in part,
30to further goals related to children’s mental health.
31(8) One member shall be a parent or guardian of a child
32currently utilizing or who has utilized behavioral health
33services.
34(9) One member shall be a sheriff.
35(10) One member shall be a pediatrician.
-314- 1(11) One member shall be a representative from a health care
2system.
3(12) One member shall be a chief executive officer of a
4mental health and disability services region.
5g. f. In addition to the voting members, the membership
6shall include four members of the general assembly with one
7member designated by each of the following: the majority
8leader of the senate, the minority leader of the senate, the
9speaker of the house of representatives, and the minority
10leader of the house of representatives. A legislative member
11serves for a term as provided in section 69.16B in a nonvoting,
12ex officio capacity and is not eligible for per diem and
13expenses as provided in section 2.10.
142. Members appointed by the governor shall serve four-year
15staggered terms and are subject to confirmation by the senate.
16The four-year terms shall begin and end as provided in section
1769.19. Vacancies on the state board shall be filled as
18provided in section 2.32. A member shall not be appointed for
19more than two consecutive four-year terms.
203. The director of the department of human services and the
21director of the department of education, or their designees,
22shall serve as co-chairpersons of the state board. Board
23members shall not be entitled to a per diem as specified in
24section 7E.6 and shall not be entitled to actual and necessary
25expenses incurred while engaged in their official duties.
26 Sec. 469. Section 225C.52, subsection 1, Code 2023, is
27amended to read as follows:
281. Advise the administrator director on the administration
29of the children’s behavioral health system.
30 Sec. 470. Section 225D.1, subsection 6, Code 2023, is
31amended to read as follows:
326. “Department” means the department of health and human
33services.
34 Sec. 471. Section 226.1, Code 2023, is amended to read as
35follows:
-315- 1226.1 Official designation — definitions.
21. The state hospitals for persons with mental illness shall
3be designated as follows:
4a. Mental Health Institute, Independence, Iowa.
5b. Mental Health Institute, Cherokee, Iowa.
62. a. The purpose of the mental health institutes is to
7operate as regional resource centers providing one or more of
8the following:
9(1) Treatment, training, care, habilitation, and support of
10persons with mental illness or a substance abuse problem use
11disorder.
12(2) Facilities, services, and other support to the
13communities located in the region being served by a mental
14health institute so as to maximize the usefulness of the mental
15health institutes while minimizing overall costs.
16(3) A unit for the civil commitment of sexually violent
17predators committed to the custody of the director of human
18services pursuant to chapter 229A.
19b. In addition, the mental health institutes are encouraged
20to act as a training resource for community-based program
21staff, medical students, and other participants in professional
22education programs.
233. A mental health institute may request the approval of the
24council on human services to change the name of the institution
25for use in communication with the public, in signage, and in
26other forms of communication.
274. For the purposes of this chapter, unless the context
28otherwise requires:
29a. “Administrator” means the person assigned by the
30director of human services to control the state mental health
31institutes. “Council” means the council on health and human
32services.
33b. “Department” means the department of health and human
34services.
35c. “Director” means the director of health and human
-316-1services.
2c. d. “Mental health and disability services region” means
3a mental health and disability services region formed in
4accordance with section 331.389.
5e. “Mental health institute” or “state mental health
6institute” means a state hospital for persons with mental
7illness as designated in this chapter.
8d. f. “Regional administrator” means the regional
9administrator of a mental health and disability services
10region, same as defined in section 331.388.
11 Sec. 472. Section 226.4, Code 2023, is amended to read as
12follows:
13226.4 Salary of superintendent.
14The salary of the superintendent of each hospital mental
15health institute shall be determined by the administrator
16 director.
17 Sec. 473. Section 226.5, Code 2023, is amended to read as
18follows:
19226.5 Superintendent as witness.
20The superintendents and assistant physicians of said
21hospitals the mental health institutes, when called as
22witnesses in any court, shall be paid the same mileage which
23other witnesses are paid and in addition thereto shall be paid
24a fee of twenty-five dollars per day, said the fee to revert to
25the support fund of the hospital mental health institute the
26superintendent or assistant physician serves.
27 Sec. 474. Section 226.6, Code 2023, is amended to read as
28follows:
29226.6 Duties of superintendent.
30The superintendent shall:
311. Have the control of the medical, mental, moral, and
32dietetic treatment of the patients in the superintendent’s
33custody subject to the approval of the administrator director.
342. Require all subordinate officers and employees to
35perform their respective duties.
-317- 13. Have an official seal with the name of the hospital
2 mental health institute and the word “Iowa” thereon and on
3the seal. The superintendent may affix the same seal to all
4notices, orders of discharge, or other papers required to be
5given by the superintendent.
64. Keep proper books in which shall be entered all moneys
7and supplies received on account of any patient and a detailed
8account of the disposition of the same all moneys and supplies.
9 Sec. 475. Section 226.7, subsection 1, paragraph a,
10unnumbered paragraph 1, Code 2023, is amended to read as
11follows:
12Preference in the reception of patients into said hospitals
13 the mental health institutes shall be exercised in the
14following order:
15 Sec. 476. Section 226.8, subsection 1, paragraph b, Code
162023, is amended to read as follows:
17b. If determined appropriate for the person at the
18sole discretion of the director of human services, the
19administrator, or the director’s or administrator’s designee.
20 Sec. 477. Section 226.9, Code 2023, is amended to read as
21follows:
22226.9 Custody of patient.
23The superintendent, upon the receipt of a duly executed
24order of admission of a patient into the hospital for persons
25with mental illness a state mental health institute, pursuant
26to section 229.13, shall take such the patient into custody and
27restrain the patient as provided by law and the rules of the
28administrator department, without liability on the part of such
29superintendent and all other officers of the hospital mental
30health institute to prosecution of any kind on account thereof,
31but no person shall be detained in the hospital mental health
32institute who is found by the superintendent to be in good
33mental health.
34 Sec. 478. Section 226.10, Code 2023, is amended to read as
35follows:
-318- 1226.10 Equal treatment.
2The patients of the state mental health institutes,
3according to their different conditions of mind and body, and
4their respective needs, shall be provided for and treated
5with equal care. If in addition to mental illness a patient
6has a co-occurring intellectual disability, brain injury, or
7substance abuse use disorder, the care provided shall also
8address the co-occurring needs.
9 Sec. 479. Section 226.11, Code 2023, is amended to read as
10follows:
11226.11 Special care permitted.
12Patients may have such special care as may be agreed upon
13with the superintendent, if the friends or relatives of the
14patient will pay the expense thereof of the special care.
15Charges for such special care and attendance shall be paid
16quarterly in advance.
17 Sec. 480. Section 226.12, Code 2023, is amended to read as
18follows:
19226.12 Monthly reports.
20The administrator director shall assure that the
21superintendent of each institute provides monthly reports
22concerning the programmatic, environmental, and fiscal
23condition of the mental health institute. The administrator
24 director or the administrator’s director’s designee shall
25periodically visit each institute to validate the information.
26 Sec. 481. Section 226.13, Code 2023, is amended to read as
27follows:
28226.13 Patients allowed to write.
29The name and address of the administrator director shall
30be kept posted in every ward in each hospital mental health
31institute. Every patient shall be allowed to write once a week
32what the patient pleases to said administrator the director
33 and to any other person. The superintendent may send letters
34addressed to other parties to the administrator director for
35inspection before forwarding them to the individual addressed.
-319-1 Sec. 482. Section 226.14, Code 2023, is amended to read as
2follows:
3226.14 Writing material.
4Every patient shall be furnished by the superintendent or
5party having charge of such person the patient, at least once
6in each week, with suitable materials for writing, enclosing,
7sealing, and mailing letters, if the patient requests and uses
8the same materials.
9 Sec. 483. Section 226.15, Code 2023, is amended to read as
10follows:
11226.15 Letters to administrator director.
12The superintendent or other officer in charge of a patient
13shall, without reading the same letters, receive all letters
14addressed to the administrator director, if so requested, and
15shall properly mail the same letters, and deliver to such
16patient all letters or other writings addressed to the patient.
17Letters written to the person so confined patient may be
18examined by the superintendent, and if, in the superintendent’s
19opinion, the delivery of such letters would be injurious to the
20person so confined patient, the superintendent shall return the
21letters to the writer with the superintendent’s reasons for not
22delivering them the letters.
23 Sec. 484. Section 226.16, Code 2023, is amended to read as
24follows:
25226.16 Unauthorized departure and retaking.
26It shall be the duty of the The superintendent and of all
27other officers and employees of any of said hospitals mental
28health institute, in case of the unauthorized departure of
29any involuntarily hospitalized patient, to shall exercise
30all due diligence to take into protective custody and return
31said the patient to the hospital mental health institute.
32A notification by the superintendent of such unauthorized
33departure to any peace officer of the state or to any private
34person shall be sufficient authority to such officer or person
35to take and return such the patient to the hospital mental
-320-1health institute.
2 Sec. 485. Section 226.17, Code 2023, is amended to read as
3follows:
4226.17 Expense attending retaking.
5All actual and necessary expenses incurred in the taking
6into protective custody, restraint, and return to the hospital
7 mental health institute of the patient shall be paid on
8itemized vouchers, sworn to by the claimants and approved by
9the business manager and the administrator director or the
10director’s designee, from any moneys in the state treasury not
11otherwise appropriated.
12 Sec. 486. Section 226.18, Code 2023, is amended to read as
13follows:
14226.18 Investigation as to mental health.
15The administrator director may investigate the mental
16condition of any patient and shall discharge any person, if, in
17the administrator’s director’s opinion, such the person is not
18mentally ill, or can be cared for after such discharge without
19danger to others, and with benefit to the patient; but in. In
20 determining whether such the patient shall be discharged, the
21recommendation of the superintendent shall be secured. If the
22administrator director orders the discharge of an involuntarily
23hospitalized patient, the discharge shall be by the procedure
24prescribed in section 229.16. The power to investigate the
25mental condition of a patient is merely permissive, and does
26not repeal or alter any statute respecting the discharge or
27commitment of patients of the state hospitals mental health
28institutes.
29 Sec. 487. Section 226.22, Code 2023, is amended to read as
30follows:
31226.22 Clothing furnished.
32Upon such discharge, the business manager department shall
33furnish such the person discharged, unless otherwise supplied,
34with suitable clothing and a sum of money not exceeding twenty
35dollars, which shall be charged with the other expenses of such
-321-1 the patient in the hospital mental health institute.
2 Sec. 488. Section 226.23, Code 2023, is amended to read as
3follows:
4226.23 Convalescent leave of patients.
5Upon the recommendation of the superintendent and in
6accordance with section 229.15, subsection 5, in the case of
7an involuntary patient, the administrator director may place
8the patient on convalescent leave said patient for a period not
9to exceed one year, under such conditions as are prescribed by
10said administrator the director.
11 Sec. 489. Section 226.26, Code 2023, is amended to read as
12follows:
13226.26 Dangerous patients.
14The administrator director, on the recommendation of the
15superintendent, and on the application of the relatives or
16friends of a patient who is not cured and who cannot be safely
17allowed to go at liberty, may release the patient when fully
18satisfied that the relatives or friends will provide and
19maintain all necessary supervision, care, and restraint over
20the patient. If the patient being released was involuntarily
21hospitalized, the consent of the district court which ordered
22the patient’s hospitalization placement shall be obtained in
23advance in substantially the manner prescribed by section
24229.14.
25 Sec. 490. Section 226.27, Code 2023, is amended to read as
26follows:
27226.27 Patient accused or acquitted of crime or awaiting
28judgment.
29If a patient was committed to a state hospital mental health
30institute for evaluation or treatment under chapter 812 or the
31rules of criminal procedure, further proceedings shall be had
32under chapter 812 or the applicable rule when the evaluation
33has been completed or the patient has regained mental capacity,
34as the case may be.
35 Sec. 491. Section 226.30, Code 2023, is amended to read as
-322-1follows:
2226.30 Transfer of dangerous patients.
3When a patient of any hospital for persons with mental
4illness health institute becomes incorrigible and unmanageable
5to such an extent that the patient is dangerous to the safety
6of others in the hospital institute, the administrator
7 director, with the consent of the director of the Iowa
8department of corrections, may apply in writing to the district
9court or to any judge thereof of the district court, of
10the county in which the hospital institute is situated, for
11an order to transfer the patient to the Iowa medical and
12classification center and if the order is granted the patient
13shall be so transferred. The county attorney of the county
14shall appear in support of the application on behalf of the
15administrator director.
16 Sec. 492. Section 226.32, Code 2023, is amended to read as
17follows:
18226.32 Overcrowded conditions.
19The administrator director shall order the discharge or
20removal from the hospital mental health institute of incurable
21and harmless patients whenever it is necessary to make room
22for recent cases. If a patient who is to be so discharged
23entered the hospital mental health institute voluntarily, the
24administrator director shall notify the regional administrator
25for the county interested at least ten days in advance of the
26day of actual discharge.
27 Sec. 493. Section 226.33, Code 2023, is amended to read as
28follows:
29226.33 Notice to court.
30When a patient who was hospitalized involuntarily and who
31has not fully recovered is discharged from the hospital mental
32health institute by the administrator director under section
33226.32, notice of the order shall at once be sent to the court
34which ordered the patient’s hospitalization, in the manner
35prescribed by section 229.14.
-323-1 Sec. 494. Section 226.40, Code 2023, is amended to read as
2follows:
3226.40 Emergency patients.
4In case of emergency disaster, with the infliction of
5numerous casualties among the civilian population, the mental
6health institutes are authorized to may accept sick and wounded
7persons without commitment or any other formalities.
8 Sec. 495. Section 226.41, Code 2023, is amended to read as
9follows:
10226.41 Charge permitted.
11The hospital is authorized to make a mental health institute
12may charge for patients admitted under section 226.40, in the
13manner provided by law and subject to the changes provided in
14section 226.42.
15 Sec. 496. Section 226.42, Code 2023, is amended to read as
16follows:
17226.42 Emergency powers of superintendents.
18In case the mental health institutes lose contact with
19the statehouse seat of government, due to enemy action or
20otherwise, the superintendents of the institutes are hereby
21delegated the following powers and duties may do any of the
22following:
231. May collect Collect moneys due the state treasury from
24the counties and from responsible persons or other relatives,
25these funds to be collected monthly, instead of quarterly, and
26to be deposited for use in operating the institutes.
272. The superintendent shall have the power to requisition
28 Requisition supplies, such as food, fuel, drugs and medical
29equipment, from any source available, in the name of the state,
30with the power to and enter into contracts binding the state
31for payment at an indefinite future time.
323. The superintendent shall be authorized to employ Employ
33 personnel in all categories and for whatever remuneration the
34superintendent deems necessary, without regard to existing
35laws, rules, or regulations, in order to permit the institute
-324-1to continue its old existing functions, as well as and meet its
2additional responsibilities.
3 Sec. 497. Section 226.43, Code 2023, is amended to read as
4follows:
5226.43 Fund created.
6There is hereby established at each hospital mental health
7institute a fund known as the “patients’ personal deposit
8fund”.
9 Sec. 498. Section 226.44, Code 2023, is amended to read as
10follows:
11226.44 Deposits.
12Any funds, including social security benefits, coming into
13the possession of the superintendent or any employee of the
14hospital mental health institute belonging to any patient in
15that hospital mental health institute, shall be deposited in
16the name of that patient in the patients’ personal deposit
17fund, except that if a guardian of the property of that patient
18has been appointed, the guardian shall have the right to demand
19and receive such funds. Funds belonging to a patient deposited
20in the patients’ personal deposit fund may be used for the
21purchase of personal incidentals, desires and comforts for the
22patient.
23 Sec. 499. Section 226.45, Code 2023, is amended to read as
24follows:
25226.45 Reimbursement to county or state.
26If a patient is not receiving medical assistance under
27chapter 249A and the amount in the account of any patient
28in the patients’ personal deposit fund exceeds two hundred
29dollars, the business manager of the hospital mental health
30institute may apply any of the excess to reimburse the county
31of residence or the state when the patient is a resident in
32another state or in a foreign country, or when the patient’s
33residence is unknown, for liability incurred by the county or
34the state for the payment of care, support, and maintenance of
35the patient, when billed by the county of residence or by the
-325-1administrator when the patient is a resident in another state
2or in a foreign country, or when the patient’s residence is
3unknown department.
4 Sec. 500. Section 226.46, Code 2023, is amended to read as
5follows:
6226.46 Deposit of fund.
7The business manager department shall deposit the patients’
8personal deposit fund in a commercial account of a bank of
9reputable standing. When deposits in the commercial account
10exceed average monthly withdrawals, the business manager
11 department may deposit the excess at interest. The savings
12account shall be in the name of the patients’ personal deposit
13fund and interest paid thereon on the account may be used for
14recreational purposes at the hospital mental health institute.
15 Sec. 501. Section 227.1, Code 2023, is amended to read as
16follows:
17227.1 Definitions — supervision.
181. For the purposes of this chapter, unless the context
19otherwise requires:
20a. “Administrator” means the person assigned by the director
21of human services in the appropriate division of the department
22to administer mental health and disability services. “County
23care facility” means a county care facility operated under
24chapter 347B.
25b. “Department” means the department of health and human
26services.
27c. “Director” means the director of health and human
28services.
29d. “Facility” includes a county care facility and a private
30or county facility, including a hospital, for persons with
31mental illness or an intellectual disability.
32c. e. “Mental health and disability services region” means
33a mental health and disability services region formed in
34accordance with section 331.389.
35f. “Patient” means a person receiving care in a facility or
-326-1a state mental health institute.
2d. g. “Regional administrator” means the regional
3administrator of a mental health and disability services
4region, same as defined in section 331.388.
5h. “Resident” means a person cared for in a county care
6facility.
72. The regulatory requirements for county and private
8institutions facilities where persons with mental illness or
9an intellectual disability are admitted, committed, or placed
10shall be administered by the administrator department.
11 Sec. 502. Section 227.2, Code 2023, is amended to read as
12follows:
13227.2 Inspection.
141. The director of inspections, and appeals, and licensing
15 shall make, or cause to be made, at least one licensure
16inspection each year of every county care facility. Either
17the administrator of the division director or the director of
18the department of inspections, and appeals, and licensing, in
19cooperation with each other, upon receipt of a complaint or for
20good cause, may make, or cause to be made, a review of a county
21care facility or of any other private or county institution
22 facility where persons with mental illness or an intellectual
23disability are admitted or reside. A licensure inspection
24or a review shall be made by a competent and disinterested
25person who is acquainted with and interested in the care of
26persons with mental illness and persons with an intellectual
27disability. The objective of a licensure inspection or a
28review shall be an evaluation of the programming and treatment
29provided by the facility. After each licensure inspection of
30a county care facility, the person who made the inspection
31shall consult with the regional administrator for the county
32in which the facility is located on plans and practices that
33will improve the care given patients residents. The person
34shall also make recommendations to the administrator of the
35division and the director of public health for coordinating
-327-1and improving the relationships between the administrators of
2county care facilities, the administrator of the division,
3the director of public health, the superintendents of state
4mental health institutes and resource centers, community
5mental health centers, mental health and disability services
6regions, and other cooperating agencies, to cause improved
7and more satisfactory care of patients. A written report of
8each licensure inspection of a county care facility under this
9section shall be filed by the person with the administrator of
10the division and the director of public health department and
11shall include:
12a. The capacity of the institution facility for the care of
13residents.
14b. The number, sex, ages, and primary diagnoses of the
15residents.
16c. The care of residents, their food, clothing, treatment
17plan, employment, and opportunity for recreational activities
18and for productive work intended primarily as therapeutic
19activity.
20d. The number, job classification, sex, duties, and salaries
21of all employees.
22e. The cost to the state or county of maintaining residents
23in a county care facility.
24f. The recommendations given to and received from the
25regional administrator on methods and practices that will
26improve the conditions under which the county care facility is
27operated.
28g. Any failure to comply with standards adopted under
29section 227.4 for care of persons with mental illness and
30persons with an intellectual disability in county care
31facilities, which is not covered in information submitted
32pursuant to paragraphs “a” through “f”, and any other matters
33which the director of public health, in consultation with the
34administrator of the division, may require.
352. A copy of the written report prescribed by subsection 1
-328-1shall be furnished to the county board of supervisors, to the
2regional administrator for the county, to the administrator
3of the county care facility inspected and to its certified
4volunteer long-term care ombudsman, and to the department on
5aging.
63. The department of inspections, and appeals, and
7licensing shall inform the administrator of the division
8 department of an action by the department of inspections,
9appeals, and licensing to suspend, revoke, or deny renewal of a
10license issued by the department of inspections, and appeals,
11and licensing to a county care facility, and the reasons for
12the action.
134. In addition to the licensure inspections required or
14authorized by this section, the administrator of the division
15 department shall cause to be made an evaluation of each person
16cared for in a county care facility at least once each year by
17one or more qualified mental health, intellectual disability,
18or medical professionals, whichever is appropriate.
19a. It is the responsibility of the state to secure the
20annual evaluation for each person who is on convalescent leave
21or who has not been discharged from a state mental health
22institute. It is the responsibility of the county to secure
23the annual evaluation for all other persons with mental illness
24in the county care facility.
25b. It is the responsibility of the state to secure the
26annual evaluation for each person who is on leave and has
27not been discharged from a state resource center. It is the
28responsibility of the county to secure the annual evaluation
29for all other persons with an intellectual disability in the
30county care facility.
31c. It is the responsibility of the county to secure an
32annual evaluation of each resident of a county care facility to
33whom neither paragraph “a” nor paragraph “b” is applicable.
345. The evaluations required by subsection 4 shall include
35an examination of each person which shall reveal the person’s
-329-1condition of mental and physical health and the likelihood
2of improvement or discharge and other recommendations
3concerning the care of those persons as the evaluator deems
4pertinent. One copy of the evaluation shall be filed with the
5administrator of the division department and one copy shall be
6filed with the administrator of the county care facility.
7 Sec. 503. Section 227.3, Code 2023, is amended to read as
8follows:
9227.3 Residents to have hearing Resident and patient input.
10The inspector conducting any licensure inspection or review
11under section 227.2 shall give each resident or patient an
12opportunity to converse with the inspector out of the hearing
13of any officer or employee of the institution facility, and
14shall fully investigate all complaints and report the result in
15writing to the administrator of the division department. The
16administrator department before acting on the report adversely
17to the institution facility, shall give the persons in charge a
18copy of the report and an opportunity to be heard.
19 Sec. 504. Section 227.4, Code 2023, is amended to read as
20follows:
21227.4 Standards for care of persons with mental illness or an
22intellectual disability in county care facilities.
23The administrator department, in cooperation with the
24department of inspections and appeals, shall recommend
25and the mental health and disability services commission
26created in section 225C.5 shall adopt, or amend and adopt,
27standards for the care of and services to persons with
28mental illness or an intellectual disability residing in
29county care facilities. The standards shall be enforced by
30the department of inspections and appeals as a part of the
31licensure inspection conducted pursuant to chapter 135C. The
32objective of the standards is to ensure that persons with
33mental illness or an intellectual disability who are residents
34of county care facilities are not only adequately fed, clothed,
35and housed, but are also offered reasonable opportunities for
-330-1productive work and recreational activities suited to their
2physical and mental abilities and offering both a constructive
3outlet for their energies and, if possible, therapeutic
4benefit. When recommending standards under this section, the
5administrator department shall designate an advisory committee
6representing administrators of county care facilities, regional
7administrators, mental health and disability services region
8governing boards, and county care facility certified volunteer
9long-term care ombudsmen to assist in the establishment of
10standards.
11 Sec. 505. Section 227.6, Code 2023, is amended to read as
12follows:
13227.6 Removal of residents or patients.
14If a county care facility fails to comply with rules and
15standards adopted under this chapter, the administrator
16 department may remove all persons with mental illness and
17all persons with an intellectual disability cared for in
18the county care facility at public expense, to the proper
19state mental health institute or resource center, or to
20some private or county institution or hospital facility for
21the care of persons with mental illness or an intellectual
22disability that has complied with the rules prescribed by
23the administrator department. Residents being transferred
24to a state mental health institute or resource center shall
25be accompanied by an attendant or attendants sent from the
26institute or resource center. If a resident is transferred
27under this section, at least one attendant shall be of the
28same sex. If the administrator department finds that the
29needs of residents patients with mental illness and residents
30 patients with an intellectual disability of any other county
31or private institution facility are not being adequately met,
32those residents patients may be removed from that institution
33 facility upon order of the administrator department.
34 Sec. 506. Section 227.7, Code 2023, is amended to read as
35follows:
-331- 1227.7 Cost — collection from county.
2The cost of such removal, including all expenses of said
3 the attendant, shall be certified by the superintendent of the
4hospital facility receiving the patient, to the director of
5the department of administrative services, who shall draw a
6warrant upon the treasurer of state for said sum the amount,
7which shall be credited to the support fund of said hospital
8 the facility and charged against the general revenues of the
9state and collected by the director of the department of
10administrative services from the county which sent said the
11 patient to said institution the facility.
12 Sec. 507. Section 227.8, Code 2023, is amended to read as
13follows:
14227.8 Notification to guardians.
15The administrator department shall notify the guardian,
16or one or more of the relatives, of patients kept at private
17expense, of all violations of said the rules by said the
18 private or county institutions facilities, and of the action of
19the administrator department as to all other patients.
20 Sec. 508. Section 227.9, Code 2023, is amended to read as
21follows:
22227.9 Investigating mental health.
23Should When the administrator believe department determines
24 that any person in any such county or private institution
25 facility is in good mental health, or illegally restrained
26of liberty, the administrator department shall institute and
27prosecute proceedings in the name of the state, before the
28proper officer, board, or court, for the discharge of such the
29 person.
30 Sec. 509. Section 227.10, Code 2023, is amended to read as
31follows:
32227.10 Transfers from county or private institutions
33 facilities.
34Patients who have been admitted at public expense to any
35institution facility to which this chapter is applicable may
-332-1be involuntarily transferred to the proper state hospital for
2persons with mental illness health institute in the manner
3prescribed by sections 229.6 through 229.13. The application
4required by section 229.6 may be filed by the administrator
5of the division director or the administrator’s director’s
6 designee, or by the administrator of the institution facility
7 where the patient is then being maintained or treated.
8If the patient was admitted to that institution facility
9 involuntarily, the administrator of the division department
10 may arrange and complete the transfer, and shall report it
11as required of a chief medical officer under section 229.15,
12subsection 5. The transfer shall be made at the mental health
13and disability services region’s expense, and the expense
14recovered, as provided in section 227.7. However, transfer
15under this section of a patient whose expenses are payable
16in whole or in part by the mental health and disability
17services region is subject to an authorization for the transfer
18through the regional administrator for the patient’s county of
19residence.
20 Sec. 510. Section 227.11, Code 2023, is amended to read as
21follows:
22227.11 Transfers from state hospitals mental health
23institutes.
24A regional administrator for the county chargeable with
25the expense of a patient in a state hospital for persons with
26 mental illness health institute shall transfer the patient
27to a county or private institution facility for persons with
28mental illness that is in compliance with the applicable
29rules when the administrator of the division director or the
30administrator’s director’s designee orders the transfer on a
31finding that the patient is suffering from a serious mental
32illness and will receive equal benefit by being so transferred.
33A mental health and disability services region shall transfer
34to a county care facility any patient in a state hospital for
35persons with mental illness health institute upon request
-333-1of the superintendent of the state hospital mental health
2institute in which the patient is confined pursuant to the
3superintendent’s authority under section 229.15, subsection 5,
4and approval by the regional administrator for the county of
5the patient’s residence. In no case shall a patient be thus
6 transferred except upon compliance with section 229.14A or
7without the written consent of a relative, friend, or guardian
8if such relative, friend, or guardian pays the expense of
9the care of such patient in a state hospital mental health
10institute. Patients transferred to a public or private
11facility under this section may subsequently be placed on
12convalescent or limited leave or transferred to a different
13facility for continued full-time custody, care, and treatment
14when, in the opinion of the attending physician or the chief
15medical officer of the hospital facility from which the patient
16was so transferred, the best interest of the patient would be
17served by such the leave or transfer. For any patient who is
18involuntarily committed, any transfer made under this section
19is subject to the placement hearing requirements of section
20229.14A.
21 Sec. 511. Section 227.12, Code 2023, is amended to read as
22follows:
23227.12 Difference of opinion.
24When a difference of opinion exists between the
25administrator of the division director and the authorities in
26charge of any private or county hospital facility in regard to
27the transfer of a patient as provided in sections 227.10 and
28227.11, the matter shall be submitted to the district court
29of the county in which such hospital the facility is situated
30and shall be summarily tried as an equitable action, and the
31judgment of the district court shall be final.
32 Sec. 512. Section 227.13, Code 2023, is amended to read as
33follows:
34227.13 Discharge of transferred patient.
35Patients transferred from a state hospital mental health
-334-1institute to such county or private institutions facilities
2 shall not be discharged, when not cured, without the consent of
3the administrator of the division director.
4 Sec. 513. Section 227.14, Code 2023, is amended to read as
5follows:
6227.14 Caring for persons with mental illness from other
7counties.
8The regional administrator for a county that does not have
9proper facilities for caring for persons with mental illness
10may, with the consent of the administrator of the division
11 department, provide for such care at the expense of the mental
12health and disability services region in any convenient and
13proper county or private institution facility for persons with
14mental illness which is willing to receive the persons.
15 Sec. 514. Section 227.15, Code 2023, is amended to read as
16follows:
17227.15 Authority to involuntarily confine in hospital.
18No A person shall not be involuntarily confined and
19restrained in any private institution or hospital or county
20hospital facility or other general hospital with a psychiatric
21ward for the care or treatment of persons with mental illness,
22except by the procedure prescribed in sections 229.6 through
23229.15.
24 Sec. 515. Section 229.1, Code 2023, is amended to read as
25follows:
26229.1 Definitions.
27As used in this chapter, unless the context clearly requires
28otherwise:
291. “Administrator” means the administrator of the department
30of human services assigned, in accordance with section
31218.1, to control the state mental health institutes, or that
32administrator’s designee.
332. 1. “Advocate” means a mental health advocate.
343. 2. “Auditor” means the county auditor or the auditor’s
35designee.
-335- 14. 3. “Chemotherapy” means treatment of an individual by
2use of a drug or substance which cannot legally be delivered
3or administered to the ultimate user without a physician’s
4prescription or medical order.
55. 4. “Chief medical officer” means the medical director in
6charge of a public or private hospital, or that individual’s
7physician-designee. This chapter does not negate the authority
8otherwise reposed by law in the respective superintendents
9of each of the state hospitals for persons with mental
10illness health institutes, established by chapter 226, to
11make decisions regarding the appropriateness of admissions or
12discharges of patients of that hospital, state mental health
13institute; however, it is the intent of this chapter that if
14the superintendent is not a licensed physician the decisions by
15the superintendent shall be corroborated by the chief medical
16officer of the hospital mental health institute.
176. 5. “Clerk” means the clerk of the district court.
186. “Department” means the department of health and human
19services.
207. “Director” means the director of health and human
21services.
227. 8. “Hospital” means either a public hospital or a
23private hospital.
248. 9. “Licensed physician” means an individual licensed
25under the provisions of chapter 148 to practice medicine and
26surgery or osteopathic medicine and surgery.
279. 10. “Magistrate” means the same as defined in section
28801.4, subsection 10.
2910. 11. “Mental health and disability services region”
30means a mental health and disability services region formed in
31accordance with section 331.389.
3211. 12. “Mental health professional” means the same as
33defined in section 228.1.
3412. 13. “Mental illness” means every type of mental
35disease or mental disorder, except that it does not refer to
-336-1an intellectual disability as defined in section 4.1, or to
2insanity, diminished responsibility, or mental incompetency as
3the terms are defined and used in the Iowa criminal code or in
4the rules of criminal procedure, Iowa court rules.
513. 14. “Patient” means a person who has been hospitalized
6or ordered hospitalized to receive treatment pursuant to
7section 229.14.
814. 15. “Private hospital” means any hospital or
9institution facility not directly supported by public funds, or
10a part thereof of such hospital or facility, which is equipped
11and staffed to provide inpatient care to persons with mental
12illness.
1315. 16. “Psychiatric advanced registered nurse practitioner”
14means an individual currently licensed as a registered nurse
15under chapter 152 or 152E who holds a national certification in
16psychiatric mental health care and who is licensed by the board
17of nursing as an advanced registered nurse practitioner.
1816. 17. “Public hospital” means any of the following:
19a. A state mental health institute established by chapter
20226; or.
21b. The state psychiatric hospital established by chapter
22225; or.
23c. Any other publicly supported hospital or institution
24 facility, or part of such hospital or institution facility,
25which is equipped and staffed to provide inpatient care to
26persons with mental illness, except the Iowa medical and
27classification center established by chapter 904.
2817. 18. “Region” means a mental health and disability
29services region formed in accordance with section 331.389.
3018. 19. “Regional administrator” means the regional
31administrator of a mental health and disability services
32region, same as defined in section 331.388.
3319. 20. “Respondent” means any person against whom an
34application has been filed under section 229.6, but who has not
35been finally ordered committed for full-time custody, care, and
-337-1treatment in a hospital.
220. 21. “Serious emotional injury” is an injury which does
3not necessarily exhibit any physical characteristics, but which
4can be recognized and diagnosed by a licensed physician or
5other mental health professional and which can be causally
6connected with the act or omission of a person who is, or is
7alleged to be, mentally ill.
821. 22. “Seriously mentally impaired” or “serious mental
9impairment” describes the condition of a person with mental
10illness and because of that illness lacks sufficient judgment
11to make responsible decisions with respect to the person’s
12hospitalization or treatment, and who because of that illness
13meets any of the following criteria:
14a. Is likely to physically injure the person’s self or
15others if allowed to remain at liberty without treatment.
16b. Is likely to inflict serious emotional injury on
17members of the person’s family or others who lack reasonable
18opportunity to avoid contact with the person with mental
19illness if the person with mental illness is allowed to remain
20at liberty without treatment.
21c. Is unable to satisfy the person’s needs for nourishment,
22clothing, essential medical care, or shelter so that it is
23likely that the person will suffer physical injury, physical
24debilitation, or death.
25d. Has a history of lack of compliance with treatment and
26any of the following apply applies:
27(1) Lack of compliance has been a significant factor in the
28need for emergency hospitalization.
29(2) Lack of compliance has resulted in one or more acts
30causing serious physical injury to the person’s self or others
31or an attempt to physically injure the person’s self or others.
32 Sec. 516. Section 229.2, subsection 1, paragraph b,
33subparagraphs (1) and (2), Code 2023, are amended to read as
34follows:
35(1) Upon receipt of an application for voluntary admission
-338-1of a minor, the chief medical officer shall provide separate
2prescreening interviews and consultations with the parent,
3guardian, or custodian and the minor to assess the family
4environment and the appropriateness of the application for
5admission.
6(2) During the interview and consultation the chief medical
7officer shall inform the minor orally and in writing that the
8minor has a right to object to the admission. If the chief
9medical officer of the hospital to which application is made
10determines that the admission is appropriate but the minor
11objects to the admission, the parent, guardian, or custodian
12must petition the juvenile court for approval of the admission
13before the minor is actually admitted.
14 Sec. 517. Section 229.4, Code 2023, is amended to read as
15follows:
16229.4 Right to release on application.
17A voluntary patient who requests release or whose release
18is requested, in writing, by the patient’s legal guardian,
19parent, spouse, or adult next of kin shall be released from the
20hospital forthwith, except that in accordance with all of the
21following, as applicable:
221. If the patient was admitted on the patient’s own
23application and the request for release is made by some other
24person, release may be conditioned upon the agreement of the
25patient.
262. If the patient is a minor who was admitted on the
27application of the patient’s parent, guardian, or custodian
28pursuant to section 229.2, subsection 1, the patient’s release
29prior to becoming eighteen years of age may be conditioned upon
30the consent of the parent, guardian, or custodian, or upon the
31approval of the juvenile court if the admission was approved by
32the juvenile court; and.
333. If the chief medical officer of the hospital, not later
34than the end of the next secular day on which the office of
35the clerk of the district court for the county in which the
-339-1hospital is located is open and which follows the submission
2of the written request for release of the patient, files with
3that clerk a certification that in the chief medical officer’s
4opinion the patient is seriously mentally impaired, the release
5may be postponed for the period of time the court determines
6is necessary to permit commencement of judicial procedure
7for involuntary hospitalization. That period of time may
8not exceed five days, exclusive of days on which the clerk’s
9office is not open unless the period of time is extended by
10order of a district court judge for good cause shown. Until
11disposition of the application for involuntary hospitalization
12of the patient is determined, if one an application is timely
13filed, the chief medical officer may detain the patient in
14the hospital and may provide treatment which is necessary
15to preserve the patient’s life, or to appropriately control
16behavior by the patient which is likely to result in physical
17injury to the patient or to others if allowed to continue, but
18may not otherwise provide treatment to the patient without the
19patient’s consent.
20 Sec. 518. Section 229.6, subsection 1, Code 2023, is amended
21to read as follows:
221. Proceedings for the involuntary hospitalization of an
23individual pursuant to this chapter or for the involuntary
24commitment or treatment of a person with a substance-related
25 substance use disorder to a facility pursuant to chapter
26125 may be commenced by any interested person by filing a
27verified application with the clerk of the district court of
28the county where the respondent is presently located, or which
29is the respondent’s place of residence. The clerk, or the
30clerk’s designee, shall assist the applicant in completing the
31application.
32 Sec. 519. Section 229.6, subsection 2, paragraph a,
33subparagraph (1), Code 2023, is amended to read as follows:
34(1) A substance-related substance use disorder as defined
35in section 125.2.
-340-1 Sec. 520. Section 229.8, Code 2023, is amended to read as
2follows:
3229.8 Procedure after application is filed.
4As soon as practicable after the filing of an application
5pursuant to section 229.6, the court shall do all of the
6following:
71. Determine whether the respondent has an attorney
8who is able and willing to represent the respondent in the
9hospitalization proceeding, and if not, whether the respondent
10is financially able to employ an attorney and capable of
11meaningfully assisting in selecting one. In accordance with
12those determinations, the court shall if necessary allow the
13respondent to select, or shall assign to the respondent, an
14attorney. If the respondent is financially unable to pay an
15attorney, the attorney shall be compensated by the mental
16health and disability services region at an hourly rate to be
17established by the regional administrator for the county in
18which the proceeding is held in substantially the same manner
19as provided in section 815.7.
202. Cause copies of the application and supporting
21documentation to be sent to the county attorney or the county
22attorney’s attorney-designate for review.
233. Issue a written order which shall provide for all of the
24following:
25a. If not previously done, set a time and place for a
26hospitalization hearing, which shall be at the earliest
27practicable time not less than forty-eight hours after notice
28to the respondent, unless the respondent waives such minimum
29prior notice requirement; and.
30b. Order an examination of the respondent, prior to
31the hearing, by one or more licensed physicians or mental
32health professionals who shall submit a written report on the
33examination to the court as required by section 229.10.
34 Sec. 521. Section 229.11, subsection 1, Code 2023, is
35amended to read as follows:
-341- 11. If the applicant requests that the respondent be taken
2into immediate custody and the judge, upon reviewing the
3application and accompanying documentation, finds probable
4cause to believe that the respondent has a serious mental
5impairment and is likely to injure the respondent or other
6persons if allowed to remain at liberty, the judge may enter
7a written order directing that the respondent be taken into
8immediate custody by the sheriff or the sheriff’s deputy
9and be detained until the hospitalization hearing. The
10hospitalization hearing shall be held no more than five days
11after the date of the order, except that if the fifth day after
12the date of the order is a Saturday, Sunday, or a holiday, the
13hearing may be held on the next succeeding business day. If
14the expenses of a respondent are payable in whole or in part by
15a mental health and disability services region, for a placement
16in accordance with paragraph “a”, the judge shall give notice of
17the placement to the regional administrator for the county in
18which the court is located, and for a placement in accordance
19with paragraph “b” or “c”, the judge shall order the placement
20in a hospital or facility designated through the regional
21administrator. The judge may order the respondent detained for
22the period of time until the hearing is held, and no longer,
23in accordance with paragraph “a”, if possible, and if not then
24in accordance with paragraph “b”, or, only if neither of these
25alternatives is available, in accordance with paragraph “c”.
26Detention may be in any of the following:
27a. In the custody of a relative, friend, or other suitable
28person who is willing to accept responsibility for supervision
29of the respondent, and the respondent may be placed under
30such reasonable restrictions as the judge may order including
31but not limited to restrictions on or a prohibition of any
32expenditure, encumbrance, or disposition of the respondent’s
33funds or property; or.
34b. In a suitable hospital the chief medical officer of
35which shall be informed of the reasons why immediate custody
-342-1has been ordered and may provide treatment which is necessary
2to preserve the respondent’s life, or to appropriately control
3behavior by the respondent which is likely to result in
4physical injury to the respondent or to others if allowed
5to continue, but may not otherwise provide treatment to the
6respondent without the respondent’s consent; or.
7c. In the nearest facility in the community which is
8licensed to care for persons with mental illness or substance
9abuse use disorder, provided that detention in a jail or other
10facility intended for confinement of those accused or convicted
11of crime shall not be ordered.
12 Sec. 522. Section 229.13, subsection 1, paragraph b, Code
132023, is amended to read as follows:
14b. The court shall order any other respondent placed under
15the care of an appropriate hospital or facility licensed to
16care for persons with mental illness or substance abuse use
17disorder on an inpatient or outpatient basis.
18 Sec. 523. Section 229.15, subsections 4 and 5, Code 2023,
19are amended to read as follows:
204. When a patient has been placed in an alternative facility
21other than a hospital pursuant to a report issued under section
22229.14, subsection 1, paragraph “d”, a report on the patient’s
23condition and prognosis shall be made to the court which placed
24the patient, at least once every six months, unless the court
25authorizes annual reports. If an evaluation of the patient is
26performed pursuant to section 227.2, subsection 4, a copy of
27the evaluation report shall be submitted to the court within
28fifteen days of the evaluation’s completion. The court may
29in its discretion waive the requirement of an additional
30report between the annual evaluations. If the administrator
31 department exercises the authority to remove residents or
32patients from a county care facility or other county or private
33institution facility under section 227.6, the administrator
34 department shall promptly notify each court which placed in
35that facility any resident so or patient removed.
-343- 15. a. When in the opinion of the chief medical officer the
2best interest of a patient would be served by a convalescent
3or limited leave, the chief medical officer may authorize the
4leave and, if authorized, shall promptly report the leave to
5the court. When in the opinion of the chief medical officer
6the best interest of a patient would be served by a transfer
7to a different hospital for continued full-time custody, care,
8and treatment, the chief medical officer shall promptly send
9a report to the court. The court shall act upon the report in
10accordance with section 229.14A.
11b. This subsection shall not be construed to add to or
12restrict the authority otherwise provided by law for transfer
13of patients or residents among various state institutions
14administered by the department of human services. If a patient
15is transferred under this subsection, the treatment provider to
16whom the patient is transferred shall be provided with copies
17of relevant court orders by the former treatment provider.
18 Sec. 524. Section 229.19, subsection 1, paragraphs a and e,
19Code 2023, are amended to read as follows:
20a. In each county the board of supervisors shall appoint
21an individual who has demonstrated by prior activities an
22informed concern for the welfare and rehabilitation of persons
23with mental illness, and who is not an officer or employee
24of the department of human services, an officer or employee
25of a region, an officer or employee of a county performing
26duties for a region, or an officer or employee of any agency
27or facility providing care or treatment to persons with mental
28illness, to act as an advocate representing the interests of
29patients involuntarily hospitalized by the court, in any matter
30relating to the patients’ hospitalization or treatment under
31section 229.14 or 229.15.
32e. An advocate may also be assigned pursuant to this section
33for an individual who has been diagnosed with a co-occurring
34mental illness and substance-related substance use disorder.
35 Sec. 525. Section 229.21, Code 2023, is amended to read as
-344-1follows:
2229.21 Judicial hospitalization referee — appeals to
3district court.
41. The chief judge of each judicial district may appoint
5at least one judicial hospitalization referee for each county
6within the district. The judicial hospitalization referee
7shall be an attorney, licensed to practice law in this state,
8who shall be chosen with consideration to any training,
9experience, interest, or combination of those factors, which
10are pertinent to the duties of the office. The referee
11shall hold office at the pleasure of the chief judge of the
12judicial district and receive compensation at a rate fixed by
13the supreme court. If the referee expects to be absent for
14any significant length of time, the referee shall inform the
15chief judge who may appoint a temporary substitute judicial
16hospitalization referee having the qualifications set forth in
17this subsection.
182. When an application for involuntary hospitalization
19under section 229.6 or for involuntary commitment or treatment
20of persons with substance-related disorders a substance
21use disorder under section 125.75 is filed with the clerk
22of the district court in any county for which a judicial
23hospitalization referee has been appointed, and no district
24judge, district associate judge, or magistrate who is admitted
25to the practice of law in this state is accessible, the clerk
26shall immediately notify the referee in the manner required by
27section 229.7 or section 125.77. The referee shall discharge
28all of the duties imposed upon the court by sections 229.7
29through 229.19, this section, and section 229.22 or sections
30125.75 through 125.94 in the proceeding so initiated. Subject
31to the provisions of subsection 4, orders issued by a referee,
32in discharge of duties imposed under this section, shall have
33the same force and effect as if ordered by a district judge.
34However, any commitment to a facility regulated and operated
35under chapter 135C shall be in accordance with section 135C.23.
-345- 13. a. Any respondent with respect to whom the magistrate
2or judicial hospitalization referee has found the contention
3that the respondent is seriously mentally impaired or a person
4with a substance-related substance use disorder sustained by
5clear and convincing evidence presented at a hearing held
6under section 229.12 or section 125.82, may appeal from the
7magistrate’s or referee’s finding to a judge of the district
8court by giving the clerk notice in writing, within ten days
9after the magistrate’s or referee’s finding is made, that an
10appeal is taken. The appeal may be signed by the respondent or
11by the respondent’s next friend, guardian, or attorney.
12b. An order of a magistrate or judicial hospitalization
13referee with a finding that the respondent is seriously
14mentally impaired or a person with a substance-related
15 substance use disorder shall include the following notice,
16located conspicuously on the face of the order:
17NOTE: The respondent may appeal from this order to a judge of
18the district court by giving written notice of the appeal to
19the clerk of the district court within ten days after the date
20of this order. The appeal may be signed by the respondent or
21by the respondent’s next friend, guardian, or attorney. For a
22more complete description of the respondent’s appeal rights,
23consult section 229.21 of the Code of Iowa or an attorney.
24c. When appealed, the matter shall stand for trial de novo.
25Upon appeal, the court shall schedule a hospitalization or
26commitment hearing before a district judge at the earliest
27practicable time.
28d. Any respondent with respect to whom the magistrate or
29judicial hospitalization referee has held a placement hearing
30and has entered a placement order may appeal the order to a
31judge of the district court. The request for appeal must be
32given to the clerk in writing within ten days of the entry of
33the magistrate’s or referee’s order. The request for appeal
34shall be signed by the respondent, or the respondent’s next
35friend, guardian, or attorney.
-346- 14. If the appellant is in custody under the jurisdiction
2of the district court at the time of service of the notice of
3appeal, the appellant shall be discharged from custody unless
4an order that the appellant be taken into immediate custody has
5previously been issued under section 229.11 or section 125.81,
6in which case the appellant shall be detained as provided in
7that section until the hospitalization or commitment hearing
8before the district judge. If the appellant is in the custody
9of a hospital or facility at the time of service of the notice
10of appeal, the appellant shall be discharged from custody
11pending disposition of the appeal unless the chief medical
12officer, not later than the end of the next secular day on
13which the office of the clerk is open and which follows service
14of the notice of appeal, files with the clerk a certification
15that in the chief medical officer’s opinion the appellant is
16seriously mentally ill or a person with a substance-related
17 substance use disorder. In that case, the appellant shall
18remain in custody of the hospital or facility until the
19hospitalization or commitment hearing before the district
20court.
215. The hospitalization or commitment hearing before the
22district judge shall be held, and the judge’s finding shall
23be made and an appropriate order entered, as prescribed by
24sections 229.12 and 229.13 or sections 125.82 and 125.83.
25If the judge orders the appellant hospitalized or committed
26for a complete psychiatric or substance abuse use disorder
27 evaluation, jurisdiction of the matter shall revert to the
28judicial hospitalization referee.
29 Sec. 526. Section 229.23, subsection 3, Code 2023, is
30amended to read as follows:
313. In addition to protection of the person’s constitutional
32rights, enjoyment of other legal, medical, religious, social,
33political, personal and working rights and privileges which
34the person would enjoy if the person were not so hospitalized
35or detained, so far as is possible consistent with effective
-347-1treatment of that person and of the other patients of the
2hospital. If the patient’s rights are restricted, the
3physician’s or mental health professional’s direction to
4that effect shall be noted on the patient’s record. The
5department of human services shall, in accordance with chapter
617A establish rules setting forth the specific rights and
7privileges to which persons so hospitalized or detained are
8entitled under this section, and the exceptions provided by
9section 17A.2, subsection 11, paragraphs “a” and “k”, shall not
10be applicable to the rules so established. The patient or the
11patient’s next of kin or friend shall be advised of these rules
12and be provided a written copy upon the patient’s admission to
13or arrival at the hospital.
14 Sec. 527. Section 229.24, subsection 1, Code 2023, is
15amended to read as follows:
161. All papers and records pertaining to any involuntary
17hospitalization or application pursuant to section 229.6 of any
18person under this chapter, whether part of the permanent record
19of the court or of a file in the department of human services,
20are subject to inspection only upon an order of the court for
21good cause shown.
22 Sec. 528. Section 229.26, Code 2023, is amended to read as
23follows:
24229.26 Exclusive procedure for involuntary hospitalization.
25Sections 229.6 through 229.19 constitute the exclusive
26procedure for involuntary hospitalization of persons by reason
27of serious mental impairment in this state, except that this
28chapter does not negate the provisions of section 904.503
29relating to transfer of prisoners with mental illness to state
30hospitals for persons with mental illness health institutes and
31does not apply to commitments of persons under chapter 812 or
32the rules of criminal procedure, Iowa court rules, or negate
33the provisions of section 232.51 relating to disposition of
34children with mental illness.
35 Sec. 529. Section 229.27, subsection 3, Code 2023, is
-348-1amended to read as follows:
23. A hearing limited to the question of the person’s
3competence and conducted in substantially the manner prescribed
4in sections 633.552, 633.556, 633.558, and 633.560 shall be
5held when any of the following circumstances applies:
6a. The court is petitioned or proposes upon its own motion
7to find incompetent by reason of mental illness a person whose
8involuntary hospitalization has been ordered under section
9229.13 or 229.14, and who contends that the person is not
10incompetent; or.
11b. A person previously found incompetent by reason of mental
12illness under subsection 2 petitions the court for a finding
13that the person is no longer incompetent and, after notice to
14the applicant who initiated the petition for hospitalization
15of the person and to any other party as directed by the court,
16an objection is filed with the court. The court may order a
17hearing on its own motion before acting on a petition filed
18under this paragraph. A petition by a person for a finding
19that the person is no longer incompetent may be filed at any
20time without regard to whether the person is at that time
21hospitalized for treatment of mental illness.
22 Sec. 530. Section 229.41, Code 2023, is amended to read as
23follows:
24229.41 Voluntary admission — state mental health institute.
25Persons making application pursuant to section 229.2 on
26their own behalf or on behalf of another person who is under
27eighteen years of age, if the person whose admission is sought
28is received for observation and treatment on the application,
29shall be required to pay the costs of hospitalization at rates
30established by the administrator department. The costs may
31be collected weekly in advance and shall be payable at to the
32business office of the hospital state mental health institute.
33The collections shall be remitted to the department of human
34services monthly to be credited to the general fund of the
35state.
-349-1 Sec. 531. Section 229.42, Code 2023, is amended to read as
2follows:
3229.42 Costs paid by county — state mental health institute.
41. If a person wishing to make application for voluntary
5admission to a state mental hospital established by chapter 226
6health institute is unable to pay the costs of hospitalization
7or those responsible for the person are unable to pay the
8costs, application for authorization of voluntary admission
9must be made through a regional administrator before
10application for admission is made to the hospital state mental
11health institute. The person’s county of residence shall
12be determined through the regional administrator and if the
13admission is approved through the regional administrator, the
14person’s admission to a state mental health hospital institute
15 shall be authorized as a voluntary case. The authorization
16shall be issued on forms provided by the department of human
17services’ administrator. The costs of the hospitalization
18shall be paid by the county of residence through the regional
19administrator to the department of human services and credited
20to the general fund of the state, provided that the state
21 mental health hospital institute rendering the services has
22certified to the county auditor of the county of residence and
23the regional administrator the amount chargeable to the mental
24health and disability services region and has sent a duplicate
25statement of the charges to the department of human services.
26A mental health and disability services region shall not be
27billed for the cost of a patient unless the patient’s admission
28is authorized through the regional administrator. The state
29 mental health institute and the regional administrator shall
30work together to locate appropriate alternative placements
31and services, and to educate patients and family members of
32patients regarding such alternatives.
332. All the provisions of chapter 230 shall apply to such the
34 voluntary patients so far as is to the extent applicable.
353. The provisions of this section and of section 229.41
-350-1shall apply to all voluntary inpatients or outpatients
2receiving mental health services either away from or at the
3institution state mental health institute.
44. If a county fails to pay the billed charges within
5forty-five days from the date the county auditor received the
6certification statement from the superintendent, the department
7of human services shall charge the delinquent county the
8penalty of one percent per month on and after forty-five days
9from the date the county received the certification statement
10until paid. The penalties received shall be credited to the
11general fund of the state.
12 Sec. 532. Section 229.43, Code 2023, is amended to read as
13follows:
14229.43 Nonresident patients — state mental health
15institutes.
16The administrator department may place patients of state
17 mental health institutes who are nonresidents on convalescent
18leave to a private sponsor or in a health care facility
19licensed under chapter 135C, when in the opinion of the
20administrator director the placement is in the best interests
21of the patient and the state of Iowa. If the patient was
22involuntarily hospitalized, the district court which ordered
23hospitalization of the patient must shall be informed when the
24patient is placed on convalescent leave, as required by section
25229.15, subsection 5.
26 Sec. 533. Section 229.45, unnumbered paragraph 1, Code
272023, is amended to read as follows:
28The department of human services, in consultation with
29the office of attorney general, shall develop a summary of
30the procedures involved in an involuntary commitment and
31information concerning the participation of an applicant in the
32proceedings. The summary shall be provided by the department,
33at the department’s expense, to the clerks of the district
34court who shall make the summary available to all applicants
35prior to the filing of a verified application, or to any other
-351-1person upon request, and who shall attach a copy of the summary
2to the notice of hearing which is served upon the respondent
3under section 125.77 or 229.7. The summary may include, but is
4not limited to, the following:
5 Sec. 534. Section 229A.2, Code 2023, is amended to read as
6follows:
7229A.2 Definitions.
8As used in this chapter:
91. “Agency with jurisdiction” means an agency which has
10custody of or releases a person serving a sentence or term
11of confinement or is otherwise in confinement based upon a
12lawful order or authority, and includes but is not limited to
13the department of corrections, the department of health and
14 human services, a judicial district department of correctional
15services, and the Iowa board of parole.
162. “Appropriate secure facility” means a state facility that
17is designed to confine but not necessarily to treat a sexually
18violent predator.
193. “Convicted” means found guilty of, pleads guilty
20to, or is sentenced or adjudicated delinquent for an act
21which is an indictable offense in this state or in another
22jurisdiction including in a federal, military, tribal, or
23foreign court, including but not limited to a juvenile who has
24been adjudicated delinquent, whether or not the juvenile court
25records have been sealed under section 232.150, and a person
26who has received a deferred sentence or a deferred judgment
27or has been acquitted by reason of insanity. “Convicted”
28includes the conviction of a juvenile prosecuted as an adult.
29“Convicted” also includes a conviction for an attempt or
30conspiracy to commit an offense. “Convicted” does not mean a
31plea, sentence, adjudication, deferred sentence, or deferred
32judgment which has been reversed or otherwise set aside.
334. “Department” means the department of health and human
34services.
355. “Director” means the director of health and human
-352-1services.
24. 6. “Discharge” means an unconditional discharge from the
3sexually violent predator program. A person released from a
4secure facility into a transitional release program or released
5with supervision is not considered to be discharged.
65. 7. “Likely to engage in predatory acts of sexual
7violence” means that the person more likely than not will
8engage in acts of a sexually violent nature. If a person is
9not confined at the time that a petition is filed, a person is
10“likely to engage in predatory acts of sexual violence” only if
11the person commits a recent overt act.
126. 8. “Mental abnormality” means a congenital or acquired
13condition affecting the emotional or volitional capacity of a
14person and predisposing that person to commit sexually violent
15offenses to a degree which would constitute a menace to the
16health and safety of others.
177. 9. “Predatory” means acts directed toward a person with
18whom a relationship has been established or promoted for the
19primary purpose of victimization.
208. 10. “Presently confined” means incarceration or
21detention in a correctional facility, a rehabilitation camp,
22a residential facility, a county jail, a halfway house, or
23any other comparable facility, including but not limited to
24placement at such a facility as a condition of probation,
25parole, or special sentence following conviction for a sexually
26violent offense.
279. 11. “Recent overt act” means any act that has either
28caused harm of a sexually violent nature or creates a
29reasonable apprehension of such harm.
3010. 12. “Safekeeper” means a person who is confined in an
31appropriate secure facility pursuant to this chapter but who is
32not subject to an order of commitment pursuant to this chapter.
3311. 13. “Sexually motivated” means that one of the
34purposes for commission of a crime is the purpose of sexual
35gratification of the perpetrator of the crime.
-353- 112. 14. “Sexually violent offense” means:
2a. A violation of any provision of chapter 709.
3b. A violation of any of the following if the offense
4involves sexual abuse, attempted sexual abuse, or intent to
5commit sexual abuse:
6(1) Murder as defined in section 707.1.
7(2) Kidnapping as defined in section 710.1.
8(3) Burglary as defined in section 713.1.
9(4) Child endangerment under section 726.6, subsection 1,
10paragraph “e”.
11c. Sexual exploitation of a minor in violation of section
12728.12.
13d. Pandering involving a minor in violation of section
14725.3, subsection 2.
15e. An offense involving an attempt or conspiracy to commit
16any offense referred to in this subsection.
17f. An offense under prior law of this state or an offense
18committed in another jurisdiction which would constitute an
19equivalent offense under paragraphs “a” through “e”.
20g. Any act which, either at the time of sentencing for the
21offense or subsequently during civil commitment proceedings
22pursuant to this chapter, has been determined beyond a
23reasonable doubt to have been sexually motivated.
2413. 15. “Sexually violent predator” means a person who has
25been convicted of or charged with a sexually violent offense
26and who suffers from a mental abnormality which makes the
27person likely to engage in predatory acts constituting sexually
28violent offenses, if not confined in a secure facility.
2914. 16. “Transitional release” means a conditional release
30from a secure facility operated by the department of human
31services with the conditions of such release set by the court
32or the department of human services.
33 Sec. 535. Section 229A.5C, subsections 3 and 4, Code 2023,
34are amended to read as follows:
353. A person who is subject to an order of civil commitment
-354-1under this chapter shall not be released from jail or paroled
2or released to a facility or program located outside the
3county jail or correctional institution other than to a secure
4facility operated by the department of human services.
54. A person who committed a public offense while in a
6transitional release program or on release with supervision may
7be returned to a secure facility operated by the department of
8human services upon completion of any term of confinement that
9resulted from the commission of the public offense.
10 Sec. 536. Section 229A.6A, subsection 1, paragraph b, Code
112023, is amended to read as follows:
12b. To a medical facility for medical treatment, if necessary
13medical treatment is not available at the facility where the
14person is confined. A transport order is not required to
15transport the person for medical treatment. However, the
16person is not entitled to choose the medical facility where
17treatment is to be obtained or the medical personnel to provide
18the treatment. Transportation of a committed person shall be
19provided by the sheriff of the county in which the person is
20confined if requested by the department of human services.
21 Sec. 537. Section 229A.7, subsection 5, paragraph b, Code
222023, is amended to read as follows:
23b. If the court or jury determines that the respondent is a
24sexually violent predator, the respondent shall be committed
25to the custody of the director of the department of human
26services for control, care, and treatment until such time as
27the person’s mental abnormality has so changed that the person
28is safe to be placed in a transitional release program or
29discharged. The determination may be appealed.
30 Sec. 538. Section 229A.7, subsection 7, Code 2023, is
31amended to read as follows:
327. The control, care, and treatment of a person determined
33to be a sexually violent predator shall be provided at a
34facility operated by the department of human services. At all
35times prior to placement in a transitional release program
-355-1or release with supervision, persons committed for control,
2care, and treatment by the department of human services
3 pursuant to this chapter shall be kept in a secure facility
4and those patients shall be segregated at all times from any
5other patient under the supervision of the department of human
6services. A person committed pursuant to this chapter to
7the custody of the department of human services may be kept
8in a facility or building separate from any other patient
9under the supervision of the department of human services.
10The department of human services may enter into a chapter
1128E agreement with the department of corrections or other
12appropriate agency in this state or another state for the
13confinement of patients who have been determined to be sexually
14violent predators. Patients who are in the custody of the
15director of the department of corrections pursuant to a chapter
1628E agreement and who have not been placed in a transitional
17release program or released with supervision shall be housed
18and managed separately from criminal offenders in the custody
19of the director of the department of corrections, and except
20for occasional instances of supervised incidental contact,
21shall be segregated from those offenders.
22 Sec. 539. Section 229A.8, subsection 4, Code 2023, is
23amended to read as follows:
244. Nothing contained in this chapter shall prohibit the
25person from otherwise petitioning the court for discharge or
26placement in a transitional release program at the annual
27review. The director of human services department shall
28provide the committed person with an annual written notice
29of the person’s right to petition the court for discharge
30or placement in a transitional release program without
31authorization from the director. The notice shall contain a
32waiver of rights. The director department shall forward the
33notice and waiver form to the court with the annual report.
34 Sec. 540. Section 229A.8, subsection 5, paragraphs f and g,
35Code 2023, are amended to read as follows:
-356- 1f. If at the time for the annual review the committed
2person has filed a petition for discharge or placement in
3a transitional release program with authorization from the
4director of human services, the court shall set a final hearing
5within ninety days of the authorization by the director, and
6no annual review shall be held.
7g. If the committed person has not filed a petition, or
8has filed a petition for discharge or for placement in a
9transitional release program without authorization from the
10director of human services, the court shall first conduct the
11annual review as provided in this subsection.
12 Sec. 541. Section 229A.8, subsection 6, paragraph e, Code
132023, is amended to read as follows:
14e. If the director of human services has authorized the
15committed person to petition for discharge or for placement
16in a transitional release program and the case is before a
17jury, testimony by a victim of a prior sexually violent offense
18committed by the person is not admissible. If the director has
19not authorized the petition or the case is before the court,
20testimony by a victim of a sexually violent offense committed
21by the person may be admitted.
22 Sec. 542. Section 229A.8A, subsections 1, 6, and 7, Code
232023, are amended to read as follows:
241. The department of human services is authorized to may
25 establish a transitional release program and provide control,
26care, and treatment, and supervision of committed persons
27placed in such a program.
286. The department of human services shall be responsible
29for establishing and implementing the rules and directives
30regarding the location of the transitional release program,
31staffing needs, restrictions on confinement and the movement of
32committed persons, and for assessing the progress of committed
33persons in the program. The court may also impose conditions
34on a committed person placed in the program.
357. The department of human services may contract with
-357-1other government or private agencies, including the department
2of corrections, to implement and administer the transitional
3release program.
4 Sec. 543. Section 229A.8B, subsections 2 and 3, Code 2023,
5are amended to read as follows:
62. If a committed person absconds from a transitional
7release program in violation of the rules or directives, a
8presumption arises that the person poses a risk to public
9safety. The department of human services, in cooperation with
10local law enforcement agencies, may make a public announcement
11about the absconder. The public announcement may include
12a description of the committed person, that the person is
13in transitional release from the sexually violent predator
14program, and any other information important to public safety.
153. Upon the return of the committed person to a secure
16facility, the director of human services or the director’s
17designee shall notify the court that issued the ex parte order
18that the absconder has been returned to a secure facility,
19and the court shall set a hearing to determine if a violation
20occurred. If a court order was not issued, the director or
21the director’s designee shall contact the nearest district
22court with jurisdiction to set a hearing to determine whether a
23violation of the rules or directives occurred. The court shall
24schedule a hearing after receiving notice that the committed
25person has been returned from the transitional release program
26to a secure facility.
27 Sec. 544. Section 229A.9A, subsections 2, 3, and 8, Code
282023, are amended to read as follows:
292. If release with supervision is ordered, the department
30of human services shall prepare within sixty days of the order
31of the court a release plan addressing the person’s needs for
32counseling, medication, community support services, residential
33services, vocational services, alcohol or other drug abuse
34 substance use disorder treatment, sex offender treatment, or
35any other treatment or supervision necessary.
-358- 13. The court shall set a hearing on the release plan
2prepared by the department of human services before the
3committed person is released from a secure facility or a
4transitional release program.
58. The court shall retain jurisdiction over the committed
6person who has been released with supervision until the person
7is discharged from the program. The department of human
8services or a judicial district department of correctional
9services shall not be held liable for any acts committed
10by a committed person who has been ordered released with
11supervision.
12 Sec. 545. Section 229A.9B, subsections 2, 3, and 5, Code
132023, are amended to read as follows:
142. If a committed person has absconded in violation of the
15conditions of the person’s release plan, a presumption arises
16that the person poses a risk to public safety. The department
17of human services or contracting agency, in cooperation with
18local law enforcement agencies, may make a public announcement
19about the absconder. The public announcement may include a
20description of the committed person, that the committed person
21is on release with supervision from the sexually violent
22predator program, and any other information pertinent to public
23safety.
243. Upon the return of the committed person to a secure
25facility, the director of human services or the director’s
26designee shall notify the court that issued the ex parte
27order that the committed person has been returned to a secure
28facility, and the court shall set hearing to determine if a
29violation occurred. If a court order was not issued, the
30director or the director’s designee shall contact the nearest
31district court with jurisdiction to set a hearing to determine
32whether a violation of the conditions of the release plan
33occurred. The court shall schedule a hearing after receiving
34notice that the committed person has been returned to a secure
35facility.
-359- 15. If the court determines a violation occurred, the court
2shall receive release recommendations from the department of
3human services and either order that the committed person
4be returned to release with supervision or placed in a
5transitional release program, or be confined in a secure
6facility. The court may impose further conditions upon the
7committed person if returned to release with supervision or
8placed in the transitional release program. If the court
9determines no violation occurred, the committed person shall be
10returned to release with supervision.
11 Sec. 546. Section 229A.10, subsection 1, Code 2023, is
12amended to read as follows:
131. If the director of human services determines that the
14person’s mental abnormality has so changed that the person is
15not likely to engage in predatory acts that constitute sexually
16violent offenses if discharged, the director shall authorize
17the person to petition the court for discharge. The petition
18shall be served upon the court and the attorney general. The
19court, upon receipt of the petition for discharge, shall order
20a hearing within thirty days. The attorney general shall
21represent the state, and shall have the right to have the
22petitioner examined by an expert or professional person of
23the attorney general’s choice. The hearing shall be before
24a jury if demanded by either the petitioner or the attorney
25general. If the attorney general objects to the petition for
26discharge, the burden of proof shall be upon the attorney
27general to show beyond a reasonable doubt that the petitioner’s
28mental abnormality or personality disorder remains such that
29the petitioner is likely to engage in predatory acts that
30constitute sexually violent offenses if discharged.
31 Sec. 547. Section 229A.11, Code 2023, is amended to read as
32follows:
33229A.11 Subsequent discharge or transitional release
34petitions — limitations.
35Nothing in this chapter shall prohibit a person from filing
-360-1a petition for discharge or placement in a transitional release
2program, pursuant to this chapter. However, if a person has
3previously filed a petition for discharge or for placement
4in a transitional release program without the authorization
5of the director of human services, and the court determines
6either upon review of the petition or following a hearing that
7the petition was frivolous or that the petitioner’s condition
8had not so changed that the person was not likely to engage
9in predatory acts constituting sexually violent offenses
10if discharged, or was not suitable for placement in the
11transitional release program, then the court shall summarily
12deny the subsequent petition unless the petition contains facts
13upon which a court could find the condition of the petitioner
14had so changed that a hearing was warranted. Upon receipt of a
15first or subsequent petition from a committed person without
16the director’s authorization, the court shall endeavor whenever
17possible to review the petition and determine if the petition
18is based upon frivolous grounds. If the court determines that
19a petition is frivolous, the court shall dismiss the petition
20without a hearing.
21 Sec. 548. Section 229A.12, Code 2023, is amended to read as
22follows:
23229A.12 Director of human services — responsibility for
24costs — reimbursement.
25The director of human services shall be responsible for
26all costs relating to the evaluation, treatment, and services
27provided to a person that are incurred after the person is
28committed to the director’s custody after the court or jury
29determines that the respondent is a sexually violent predator
30and pursuant to commitment under any provision of this chapter.
31If placement in a transitional release program or supervision
32is ordered, the director shall also be responsible for all
33costs related to the transitional release program or to the
34supervision and treatment of any person. Reimbursement may
35be obtained by the director from the patient and any person
-361-1legally liable or bound by contract for the support of the
2patient for the cost of confinement or of care and treatment
3provided. To the extent allowed by the United States social
4security administration, any benefit payments received by the
5person pursuant to the federal Social Security Act shall be
6used for the costs incurred. As used in this section, “any
7person legally liable” does not include a political subdivision.
8 Sec. 549. Section 229A.15B, Code 2023, is amended to read
9as follows:
10229A.15B Rulemaking authority.
11The department of human services shall adopt rules pursuant
12to chapter 17A necessary to administer this chapter.
13 Sec. 550. Section 230.1, Code 2023, is amended to read as
14follows:
15230.1 Definitions.
16As used in this chapter, unless the context otherwise
17requires:
181. “Administrator” means the administrator of the department
19of human services assigned, in accordance with section
20218.1, to control the state mental health institutes, or that
21administrator’s designee.
222. 1. “Book”, “list”, “record”, or “schedule” kept by a
23county auditor, assessor, treasurer, recorder, sheriff, or
24other county officer means the county system as defined in
25section 445.1.
263. 2. “Department” means the department of health and human
27services.
283. “Director” means the director of health and human
29services.
304. “Region” means a mental health and disability services
31region formed in accordance with section 331.389.
325. “Regional administrator” means the same as defined in
33section 331.388.
346. “State mental health institute” or “mental health
35institute” means a mental health institute designated in section
-362-1226.1.
2 Sec. 551. Section 230.1A, Code 2023, is amended to read as
3follows:
4230.1A Liability of county and state.
51. The necessary and legal costs and expenses attending
6 for the taking into custody, care, investigation, admission,
7commitment, and support of a person with mental illness
8admitted or committed to a state hospital mental health
9institute shall be paid by the regional administrator on behalf
10of the person’s county of residence or by the state as follows:
11a. If the person is eighteen years of age or older, as
12follows:
13(1) The costs attributed to mental illness shall be paid by
14the regional administrator on behalf of the person’s county of
15residence.
16(2) The costs attributed to a substance-related substance
17use disorder shall be paid by the person’s county of residence.
18(3) The costs attributable to a dual diagnosis of mental
19illness and a substance-related substance use disorder may be
20split divided as provided in section 226.9C.
21b. By the state if such person has no residence in this
22state, if the person’s residence is unknown, or if the person
23is under eighteen years of age.
242. The county of residence of any person with mental
25illness who is a patient of any state institution mental health
26institute shall be the person’s county of residence existing at
27the time of admission to the institution institute.
283. A region or county of residence is not liable for
29costs and expenses associated with a person with mental
30illness unless the costs and expenses are for services and
31other support authorized for the person through the regional
32administrator for the county.
33 Sec. 552. Section 230.5, Code 2023, is amended to read as
34follows:
35230.5 Nonresidents.
-363- 1If a person’s residence is determined in accordance with
2section 230.2 or 230.3 to be in a foreign state or country,
3or is unknown, the court or the regional administrator of the
4person’s county of residence shall immediately certify the
5determination to the department’s administrator department.
6The certification shall be accompanied by a copy of the
7evidence supporting the determination. A court order issued
8pursuant to section 229.13 shall direct that the patient be
9hospitalized at the appropriate state hospital for persons with
10 mental illness health institute.
11 Sec. 553. Section 230.6, Code 2023, is amended to read as
12follows:
13230.6 Investigation by administrator department.
14The administrator department shall immediately investigate
15the residency of a patient and proceed as follows:
161. If the administrator department concurs with a certified
17determination of residency concerning the patient, the
18administrator department shall cause the patient either to
19be transferred to a state hospital for persons with mental
20illness health institute at the expense of the state, or to be
21transferred, with approval of the court as required by chapter
22229, to the place of foreign residence.
232. If the administrator department disputes a certified
24legal residency determination, the administrator department
25 shall order the patient to be maintained at a state hospital
26for persons with mental illness health institute at the expense
27of the state until the dispute is resolved.
283. If the administrator department disputes a residency
29determination, the administrator department shall utilize the
30procedure provided in section 331.394 to resolve the dispute.
31A determination of the person’s residency status made pursuant
32to section 331.394 is conclusive.
33 Sec. 554. Section 230.7, Code 2023, is amended to read as
34follows:
35230.7 Transfer of nonresidents.
-364- 1Upon determining that a patient in a state hospital mental
2health institute who has been involuntarily hospitalized under
3chapter 229 or admitted voluntarily at public expense was
4not a resident of this state at the time of the involuntary
5hospitalization or admission, the administrator director or
6director’s designee may cause that the patient to be conveyed
7to the patient’s place of residence. However, a transfer
8under this section may be made only if the patient’s condition
9so permits and other reasons do not render the transfer
10inadvisable. If the patient was involuntarily hospitalized,
11prior approval of the transfer must shall be obtained from the
12court which ordered the patient hospitalized.
13 Sec. 555. Section 230.8, Code 2023, is amended to read as
14follows:
15230.8 Transfers of persons with mental illness — expenses.
16The transfer to any state hospitals mental health institute
17 or to the places of their residence of persons with mental
18illness who have no residence in this state or whose residence
19is unknown, shall be made according to the directions of the
20administrator department, and when practicable by employees
21of the state hospitals mental health institutes. The actual
22and necessary expenses of such transfers shall be paid by the
23department on itemized vouchers sworn to by the claimants and
24approved by the administrator director.
25 Sec. 556. Section 230.9, Code 2023, is amended to read as
26follows:
27230.9 Subsequent discovery of residence.
28If, after a person has been received by a state hospital for
29persons with mental illness health institute whose residence is
30supposed to be outside this state, the administrator department
31 determines that the residence of the person was, at the time
32of admission or commitment, in a county of this state, the
33administrator department shall certify the determination
34and charge all legal costs and expenses pertaining to the
35admission or commitment and support of the person to the
-365-1regional administrator of the person’s county of residence.
2The certification shall be sent to the regional administrator
3of the person’s county of residence. The certification
4shall be accompanied by a copy of the evidence supporting the
5determination. The costs and expenses shall be collected as
6provided by law in other cases. If the person’s residency
7status has been determined in accordance with section 331.394,
8the legal costs and expenses shall be charged in accordance
9with that determination.
10 Sec. 557. Section 230.10, Code 2023, is amended to read as
11follows:
12230.10 Payment of costs.
13All legal costs and expenses attending for the taking into
14custody, care, investigation, and admission or commitment of
15a person to a state hospital for persons with mental illness
16 health institute under a finding that the person has residency
17in another county of this state shall be charged against the
18regional administrator of the person’s county of residence.
19 Sec. 558. Section 230.11, Code 2023, is amended to read as
20follows:
21230.11 Recovery of costs from state.
22Costs and expenses attending for the taking into custody,
23care, and investigation of a person who has been admitted
24or committed to a state hospital mental health institute,
25United States department of veterans affairs hospital, or
26other agency of the United States government, for persons with
27mental illness and who has no residence in this state or whose
28residence is unknown, including cost of commitment, if any,
29shall be paid as approved by the administrator department. The
30amount of the costs and expenses approved by the administrator
31 department is appropriated to the department from any moneys in
32the state treasury not otherwise appropriated. Payment shall
33be made by the department on itemized vouchers executed by the
34regional administrator of the person’s county which has paid
35them, and approved by the administrator department.
-366-1 Sec. 559. Section 230.12, Code 2023, is amended to read as
2follows:
3230.12 Residency disputes.
4If a dispute arises between different counties or between
5the administrator department and a regional administrator for a
6county as to the residence of a person admitted or committed
7to a state hospital for persons with mental illness health
8institute, the dispute shall be resolved as provided in section
9331.394.
10 Sec. 560. Section 230.15, Code 2023, is amended to read as
11follows:
12230.15 Personal liability.
131. A person with mental illness and a person legally liable
14for the person’s support remain liable for the support of
15the person with mental illness as provided in this section.
16Persons legally liable for the support of a person with mental
17illness include the spouse of the person, and any person
18bound by contract for support of the person. The regional
19administrator of the person’s county of residence, subject to
20the direction of the region’s governing board, shall enforce
21the obligation created in this section as to all sums advanced
22by the regional administrator. The liability to the regional
23administrator incurred by a person with mental illness or a
24person legally liable for the person’s support under this
25section is limited to an amount equal to one hundred percent
26of the cost of care and treatment of the person with mental
27illness at a state mental health institute for one hundred
28twenty days of hospitalization. This limit of liability may
29be reached by payment of the cost of care and treatment of the
30person with mental illness subsequent to a single admission
31or multiple admissions to a state mental health institute
32or, if the person is not discharged as cured, subsequent to
33a single transfer or multiple transfers to a county care
34facility pursuant to section 227.11. After reaching this
35limit of liability, a person with mental illness or a person
-367-1legally liable for the person’s support is liable to the
2regional administrator for the care and treatment of the person
3with mental illness at a state mental health institute or,
4if transferred but not discharged as cured, at a county care
5facility in an amount not in excess of the average minimum
6cost of the maintenance of an individual who is physically and
7mentally healthy residing in the individual’s own home, which
8standard shall be established and may from time to time be
9revised by the department of human services. A lien imposed
10by section 230.25 shall not exceed the amount of the liability
11which may be incurred under this section on account of a person
12with mental illness.
132. A person with a substance-related substance use
14 disorder is legally liable for the total amount of the cost of
15providing care, maintenance, and treatment for the person with
16a substance-related substance use disorder while a voluntary
17or committed patient. When a portion of the cost is paid
18by a county, the person with a substance-related substance
19use disorder is legally liable to the county for the amount
20paid. The person with a substance-related substance use
21 disorder shall assign any claim for reimbursement under any
22contract of indemnity, by insurance or otherwise, providing
23for the person’s care, maintenance, and treatment in a state
24hospital mental health institute to the state. Any payments
25received by the state from or on behalf of a person with a
26substance-related substance use disorder shall be in part
27credited to the county in proportion to the share of the costs
28paid by the county.
293. Nothing in this section shall be construed to prevent
30a relative or other person from voluntarily paying the full
31actual cost or any portion of the care and treatment of any
32person with mental illness or a substance-related substance use
33 disorder as established by the department of human services.
34 Sec. 561. Section 230.18, Code 2023, is amended to read as
35follows:
-368- 1230.18 Expense in county or private hospitals facility.
2The estates of persons with mental illness who may be
3treated or confined in any county hospital or home, or in any
4 private hospital or sanatorium facility, and the estates of
5persons legally bound for their support, shall be liable to the
6regional administrator of the person’s county of residence for
7the reasonable cost of such support.
8 Sec. 562. Section 230.19, Code 2023, is amended to read as
9follows:
10230.19 Nonresidents liable to state — presumption.
11The estates of all nonresident patients provided for and
12treated in state hospitals for persons with mental illness
13 health institutes in this state, and all persons legally bound
14for the support of such patients, shall be liable to the
15state for the reasonable value of the care, maintenance, and
16treatment of such patients while in such hospitals institutes.
17The certificate of the superintendent of the state hospital
18 mental health institute in which any nonresident is or has been
19a patient, showing the amounts drawn from the state treasury or
20due therefrom as provided by law on account of such nonresident
21patient, shall be presumptive evidence of the reasonable value
22of the care, maintenance, and treatment furnished such patient.
23 Sec. 563. Section 230.20, subsection 1, paragraph a,
24subparagraph (1), Code 2023, is amended to read as follows:
25(1) The costs of food, lodging, and other maintenance
26provided to persons not patients of the hospital state mental
27health institute.
28 Sec. 564. Section 230.20, subsection 7, Code 2023, is
29amended to read as follows:
307. A superintendent of a mental health institute may request
31that the director of human services enter into a contract
32with a person for the mental health institute to provide
33consultation or treatment services or for fulfilling other
34purposes which are consistent with the purposes stated in
35section 226.1. The contract provisions shall include charges
-369-1which reflect the actual cost of providing the services or
2fulfilling the other purposes. Any income from a contract
3authorized under this subsection may be retained by the
4mental health institute to defray the costs of providing the
5services. Except for a contract voluntarily entered into by a
6county under this subsection, the costs or income associated
7with a contract authorized under this subsection shall not
8be considered in computing charges and per diem costs in
9accordance with the provisions of subsections 1 through 6.
10 Sec. 565. Section 230.26, Code 2023, is amended to read as
11follows:
12230.26 Regional administrator to keep record.
13The regional administrator shall keep an accurate account
14of the cost of the maintenance of any patient kept in any
15institution facility as provided for in this chapter and keep
16an index of the names of the persons admitted or committed from
17each county in the region. The name of the spouse of the person
18admitted or committed shall also be indexed in the same manner
19as the names of the persons admitted or committed are indexed.
20The book shall be designated as an account book or index, and
21shall have no reference in any place to a lien.
22 Sec. 566. Section 230.31, Code 2023, is amended to read as
23follows:
24230.31 Departers from other states.
25If a person with mental illness departs without proper
26authority from an institution a facility in another state and
27is found in this state, a peace officer in the county in which
28the patient is found may take and detain the patient without
29order and shall report the detention to the administrator
30 department who shall provide for the return of the patient
31to the authorities of the state where the unauthorized leave
32was made. Pending such return, the patient may be detained
33temporarily at one of the institutions of this state under the
34control of the administrator or any other administrator of the
35 department of human services. Expenses incurred under this
-370-1section shall be paid in the same manner as is provided for
2transfers in section 230.8.
3 Sec. 567. Section 230.32, Code 2023, is amended to read as
4follows:
5230.32 Support of nonresident patients on leave.
6The cost of support of patients without residence in this
7state, who are placed on convalescent leave or removed from
8a state mental health institute to any health care facility
9licensed under chapter 135C for rehabilitation purposes,
10shall be paid from the hospital state mental health institute
11 support fund and shall be charged on abstract in the same
12manner as state inpatients, until such time as the patient
13becomes self-supporting or qualifies for support under existing
14statutes.
15 Sec. 568. Section 230.33, Code 2023, is amended to read as
16follows:
17230.33 Reciprocal agreements.
181. The administrator department may enter into agreements
19with other states, through their duly constituted authorities,
20to effect the reciprocal return of persons with mental illness
21and persons with an intellectual disability to the contracting
22states, and to effect the reciprocal supervision of persons on
23convalescent leave.
242. However, in the case of a proposed transfer of a person
25with mental illness or an intellectual disability from this
26state, final action shall not be taken without the approval of
27the district court of the county of admission or commitment.
28 Sec. 569. Section 230A.101, Code 2023, is amended to read
29as follows:
30230A.101 Services system roles.
311. The role of the department of human services, through
32the division of the department designated as the state
33mental health authority with responsibility for state policy
34concerning mental health and disability services, is to develop
35and maintain policies for the mental health and disability
-371-1services system. The policies shall address the service needs
2of individuals of all ages with disabilities in this state,
3regardless of the individuals’ places of residence or economic
4circumstances, and shall be consistent with the requirements of
5chapter 225C and other applicable law.
62. The role of community mental health centers in the
7mental health and disability services system is to provide
8an organized set of services in order to adequately meet the
9mental health needs of this state’s citizens based on organized
10catchment areas.
11 Sec. 570. Section 230A.102, Code 2023, is amended to read
12as follows:
13230A.102 Definitions.
14As used in this chapter, unless the context otherwise
15requires:
161. “Administrator”, “commission” “Commission”, “department”,
17“director”, and “disability services”, and “division” mean the
18same as defined in section 225C.2.
192. “Catchment area” means a community mental health center
20catchment area identified in accordance with this chapter.
213. “Community mental health center” or “center” means a
22community mental health center designated in accordance with
23this chapter.
24 Sec. 571. Section 230A.103, Code 2023, is amended to read
25as follows:
26230A.103 Designation of community mental health centers.
271. The division department, subject to agreement by any
28community mental health center that would provide services
29for the catchment area and approval by the commission,
30shall designate at least one community mental health center
31under this chapter for addressing the mental health needs of
32the county or counties comprising the catchment area. The
33designation process shall provide for the input of potential
34service providers regarding designation of the initial
35catchment area or a change in the designation.
-372- 12. The division department shall utilize objective criteria
2for designating a community mental health center to serve a
3catchment area and for withdrawing such designation. The
4commission shall adopt rules outlining the criteria. The
5criteria shall include but are not limited to provisions for
6meeting all of the following requirements:
7a. An appropriate means shall be used for determining which
8prospective designee is best able to serve all ages of the
9targeted population within the catchment area with minimal or
10no service denials.
11b. An effective means shall be used for determining the
12relative ability of a prospective designee to appropriately
13provide mental health services and other support to consumers
14residing within a catchment area as well as consumers residing
15outside the catchment area. The criteria shall address the
16duty for a prospective designee to arrange placements outside
17the catchment area when such placements best meet consumer
18needs and to provide services within the catchment area to
19consumers who reside outside the catchment area when the
20services are necessary and appropriate.
213. The board of directors for a designated community mental
22health center shall enter into an agreement with the division
23 department. The terms of the agreement shall include but are
24not limited to all of the following:
25a. The period of time the agreement will be in force.
26b. The services and other support the center will offer or
27provide for the residents of the catchment area.
28c. The standards to be followed by the center in determining
29whether and to what extent the persons seeking services from
30the center shall be considered to be able to pay the costs of
31the services.
32d. The policies regarding availability of the services
33offered by the center to the residents of the catchment area as
34well as consumers residing outside the catchment area.
35e. The requirements for preparation and submission to the
-373-1division department of annual audits, cost reports, program
2reports, performance measures, and other financial and service
3accountability information.
44. This section does not limit the authority of the board or
5the boards of supervisors of any county or group of counties to
6continue to expend money to support operation of a center.
7 Sec. 572. Section 230A.104, Code 2023, is amended to read
8as follows:
9230A.104 Catchment areas.
101. The division department shall collaborate with affected
11counties in identifying community mental health center
12catchment areas in accordance with this section.
132. a. Unless the division department has determined that
14exceptional circumstances exist, a catchment area shall be
15served by one community mental health center. The purpose of
16this general limitation is to clearly designate the center
17responsible and accountable for providing core mental health
18services to the target population in the catchment area and to
19protect the financial viability of the centers comprising the
20mental health services system in the state.
21b. A formal review process shall be used in determining
22whether exceptional circumstances exist that justify
23designating more than one center to serve a catchment area.
24The criteria for the review process shall include but are not
25limited to a means of determining whether the catchment area
26can support more than one center.
27c. Criteria shall be provided that would allow the
28designation of more than one center for all or a portion of a
29catchment area if designation or approval for more than one
30center was provided by the division department as of October 1,
312010. The criteria shall require a determination that all such
32centers would be financially viable if designation is provided
33for all.
34 Sec. 573. Section 230A.105, subsection 1, paragraph e, Code
352023, is amended to read as follows:
-374- 1e. Individuals described in paragraph “a”, “b”, “c”, or “d”
2who have a co-occurring disorder, including but not limited
3to substance abuse use disorder, intellectual disability,
4a developmental disability, brain injury, autism spectrum
5disorder, or another disability or special health care need.
6 Sec. 574. Section 230A.108, Code 2023, is amended to read
7as follows:
8230A.108 Administrative, diagnostic, and demographic
9information.
10Release of administrative and diagnostic information, as
11defined in section 228.1, and demographic information necessary
12for aggregated reporting to meet the data requirements
13established by the division department, relating to an
14individual who receives services from a community mental health
15center, may be made a condition of support of that center by
16the division department.
17 Sec. 575. Section 230A.110, subsections 1 and 2, Code 2023,
18are amended to read as follows:
191. The division department shall recommend and the
20commission shall adopt standards for designated community
21mental health centers and comprehensive community mental health
22programs, with the overall objective of ensuring that each
23center and each affiliate providing services under contract
24with a center furnishes high-quality mental health services
25within a framework of accountability to the community it
26serves. The standards adopted shall conform with federal
27standards applicable to community mental health centers
28and shall be in substantial conformity with the applicable
29behavioral health standards adopted by the joint commission,
30formerly known as the joint commission on accreditation
31of health care organizations, or other recognized national
32standards for evaluation of psychiatric facilities unless in
33the judgment of the division department, with approval of the
34commission, there are sound reasons for departing from the
35standards.
-375- 12. When recommending standards under this section, the
2division department shall designate an advisory committee
3representing boards of directors and professional staff
4of designated community mental health centers to assist in
5the formulation or revision of standards. The membership
6of the advisory committee shall include representatives of
7professional and nonprofessional staff and other appropriate
8individuals.
9 Sec. 576. Section 230A.110, subsection 3, paragraph c, Code
102023, is amended to read as follows:
11c. Arrange for the financial condition and transactions
12of the community mental health center to be audited once
13each year by the auditor of state. However, in lieu of an
14audit by the auditor of state, the local governing body of a
15community mental health center organized under this chapter
16may contract with or employ certified public accountants
17to conduct the audit, pursuant to the applicable terms and
18conditions prescribed by sections 11.6 and 11.19 and audit
19format prescribed by the auditor of state. Copies of each
20audit shall be furnished by the auditor or accountant to the
21administrator of the division of mental health and disability
22services department.
23 Sec. 577. Section 230A.111, Code 2023, is amended to read
24as follows:
25230A.111 Review and evaluation.
261. The review and evaluation of designated centers shall
27be performed through a formal accreditation review process as
28recommended by the division department and approved by the
29commission. The accreditation process shall include all of the
30following:
31a. Specific time intervals for full accreditation reviews
32based upon levels of accreditation.
33b. Use of random or complaint-specific, on-site limited
34accreditation reviews in the interim between full accreditation
35reviews, as a quality review approach. The results of such
-376-1reviews shall be presented to the commission.
2c. Use of center accreditation self-assessment tools to
3gather data regarding quality of care and outcomes, whether
4used during full or limited reviews or at other times.
52. The accreditation process shall include but is not
6limited to addressing all of the following:
7a. Measures to address centers that do not meet standards,
8including authority to revoke accreditation.
9b. Measures to address noncompliant centers that do not
10develop a corrective action plan or fail to implement steps
11included in a corrective action plan accepted by the division
12 department.
13c. Measures to appropriately recognize centers that
14successfully complete a corrective action plan.
15d. Criteria to determine when a center’s accreditation
16should be denied, revoked, suspended, or made provisional.
17 Sec. 578. Section 231.4, subsection 1, paragraphs e and f,
18Code 2023, are amended to read as follows:
19e. “Department” means the department on aging of health and
20human services.
21f. “Director” means the director of the department on aging
22 health and human services.
23 Sec. 579. Section 231.21, Code 2023, is amended to read as
24follows:
25231.21 Department on aging Administration of chapter —
26department of health and human services.
27An Iowa The department on aging is established which of
28health and human services shall administer this chapter
29under the policy direction of the commission on aging. The
30department on aging shall be administered by a director.
31 Sec. 580. Section 231.23, Code 2023, is amended to read as
32follows:
33231.23 Department on aging — duties and authority.
34The department on aging director shall:
351. Develop and administer a state plan on aging.
-377- 12. Assist the commission in the review and approval of area
2plans.
33. Pursuant to commission policy, coordinate state
4activities related to the purposes of this chapter and all
5other chapters under the department’s jurisdiction.
64. Advocate for older individuals by reviewing and
7commenting upon all state plans, budgets, laws, rules,
8regulations, and policies which affect older individuals and
9by providing technical assistance to any agency, organization,
10association, or individual representing the needs of older
11individuals.
125. Assist the commission in dividing the state into distinct
13planning and service areas.
146. Assist the commission in designating for each area a
15public or private nonprofit agency or organization as the area
16agency on aging for that area.
177. Pursuant to commission policy, take into account the
18views of older Iowans.
198. Assist the commission in adopting a method for the
20distribution of funds available from the federal Act and state
21appropriations and allocations.
229. Assist the commission in assuring that preference will
23be given to providing services to older individuals with the
24greatest economic or social needs, with particular attention to
25low-income minority older individuals, older individuals with
26limited English proficiency, and older individuals residing in
27rural areas.
2810. Assist the commission in developing, adopting, and
29enforcing administrative rules, by issuing necessary forms and
30procedures.
3111. Apply for, receive, and administer grants, devises,
32donations, gifts, or bequests of real or personal property from
33any source to conduct projects consistent with the purposes of
34the department. Notwithstanding section 8.33, moneys received
35by the department pursuant to this section are not subject to
-378-1reversion to the general fund of the state.
212. Administer state authorized programs.
313. Establish a procedure for an area agency on aging to
4use in selection of members of the agency’s board of directors.
5The selection procedure shall be incorporated into the bylaws
6of the board of directors.
7 Sec. 581. Section 231.23A, unnumbered paragraph 1, Code
82023, is amended to read as follows:
9The department on aging shall provide or administer, but is
10not limited to providing or administering, all of the following
11programs and services:
12 Sec. 582. Section 231.31, Code 2023, is amended to read as
13follows:
14231.31 State plan on aging.
15The department on aging shall develop, and submit to the
16commission on aging for approval, a multiyear state plan on
17aging. The state plan on aging shall meet all applicable
18federal requirements.
19 Sec. 583. Section 231.32, subsection 2, paragraph d, Code
202023, is amended to read as follows:
21d. Any public or nonprofit private agency in a planning
22and service area or any separate organizational unit within
23such agency which is under the supervision or direction for
24this purpose of the department on aging and which can and will
25engage only in the planning or provision of a broad range of
26long-term living and community support services or nutrition
27services within the planning and service area.
28 Sec. 584. Section 231.42, subsection 4, paragraph a, Code
292023, is amended to read as follows:
30a. If abuse, neglect, or exploitation of a resident or
31tenant is suspected, the state or a local long-term care
32ombudsman shall, with the permission of the resident or tenant
33as applicable under federal law, make an immediate referral
34to the department of inspections and appeals, the department
35of health and human services, the department on aging, or the
-379-1appropriate law enforcement agency, as applicable.
2 Sec. 585. Section 231.58, Code 2023, is amended to read as
3follows:
4231.58 Long-term living coordination.
5The director may convene meetings, as necessary, of the
6director and the directors of human services, public health,
7and director of inspections and appeals, to assist in the
8coordination of policy, service delivery, and long-range
9planning relating to the long-term living system and older
10Iowans in the state. The group may consult with individuals,
11institutions and entities with expertise in the area of the
12long-term living system and older Iowans, as necessary, to
13facilitate the group’s efforts.
14 Sec. 586. Section 231C.5, subsection 2, paragraph b,
15subparagraph (2), subparagraph division (c), Code 2023, is
16amended to read as follows:
17(c) Contact information for the department of health and
18 human services and the senior health insurance information
19program to assist tenants in accessing third-party payment
20sources.
21 Sec. 587. Section 231C.5A, Code 2023, is amended to read as
22follows:
23231C.5A Assessment of tenants — program eligibility.
24An assisted living program receiving reimbursement through
25the medical assistance program under chapter 249A shall
26assist the department of veterans affairs in identifying, upon
27admission of a tenant, the tenant’s eligibility for benefits
28through the United States department of veterans affairs. The
29assisted living program shall also assist the commission of
30veterans affairs in determining such eligibility for tenants
31residing in the program on July 1, 2009. The department of
32inspections and appeals, in cooperation with the department of
33health and human services, shall adopt rules to administer this
34section, including a provision that ensures that if a tenant is
35eligible for benefits through the United States department of
-380-1veterans affairs or other third-party payor, the payor of last
2resort for reimbursement to the assisted living program is the
3medical assistance program. The rules shall also require the
4assisted living program to request information from a tenant or
5tenant’s personal representative regarding the tenant’s veteran
6status and to report to the department of veterans affairs
7only the names of tenants identified as potential veterans
8along with the names of their spouses and any dependents.
9Information reported by the assisted living program shall be
10verified by the department of veterans affairs.
11 Sec. 588. Section 231E.3, subsections 5 and 6, Code 2023,
12are amended to read as follows:
135. “Department” means the department on aging established in
14section 231.21 of health and human services.
156. “Director” means the director of the department on aging
16 health and human services.
17 Sec. 589. Section 231E.4, subsection 3, paragraph e, Code
182023, is amended to read as follows:
19e. Work with the department of human services, the
20Iowa department of public health, the Iowa developmental
21disabilities council, and other agencies to establish
22a referral system for the provision of guardianship,
23conservatorship, and representative payee services.
24 Sec. 590. Section 232.2, subsections 14 and 18, Code 2023,
25are amended to read as follows:
2614. “Department” means the department of health and human
27services and includes the local, and county, and service area
28 officers of the department.
2918. “Director” means the director of the department of
30 health and human services or that person’s the director’s
31 designee.
32 Sec. 591. Section 232.11, subsections 3, 4, and 5, Code
332023, are amended to read as follows:
343. If the child is not represented by counsel as required
35under subsection 1, counsel shall be provided as follows:
-381- 1a. If the court determines, after giving the child’s parent,
2guardian, or custodian an opportunity to be heard, that such
3person has the ability in whole or in part to pay for the
4employment of counsel, it shall either order that person to
5retain an attorney to represent the child or shall appoint
6counsel for the child and order the parent, guardian, or
7custodian to pay for that counsel as provided in subsection 5.
8b. If the court determines that the parent, guardian,
9or custodian cannot pay any part of the expenses of counsel
10to represent the child, it shall appoint counsel, who shall
11be reimbursed according to section 232.141, subsection 2,
12paragraph “b”.
13c. The court may appoint counsel to represent the child
14and reserve the determination of payment until the parent,
15guardian, or custodian has an opportunity to be heard.
164. If the child is represented by counsel and the court
17determines that there is a conflict of interest between the
18child and the child’s parent, guardian, or custodian and that
19the retained counsel could not properly represent the child as
20a result of the conflict, the court shall appoint other counsel
21to represent the child and order the parent, guardian, or
22custodian to pay for such counsel as provided in subsection 5.
235. If the court determines, after an inquiry which includes
24notice and reasonable opportunity to be heard that the parent,
25guardian, or custodian has the ability to pay in whole or
26in part for the attorney appointed for the child, the court
27may order that person to pay such sums as the court finds
28appropriate in the manner and to whom the court directs. If
29the person so ordered fails to comply with the order without
30good reason, the court shall enter judgment against the person.
31 Sec. 592. Section 232.21, subsection 2, paragraph a,
32subparagraph (3), Code 2023, is amended to read as follows:
33(3) An institution or other facility operated by the
34department of human services, or one which is licensed or
35otherwise authorized by law to receive and provide care for the
-382-1child.
2 Sec. 593. Section 232.22, subsection 5, paragraph b, Code
32023, is amended to read as follows:
4b. The court determines that an acceptable alternative
5placement does not exist pursuant to criteria developed by the
6department of human services.
7 Sec. 594. Section 232.28, subsections 3, 4, and 5, Code
82023, are amended to read as follows:
93. In the course of a preliminary inquiry, the intake
10officer may:
11a. Interview the complainant, victim, or witnesses of the
12alleged delinquent act.
13b. Check existing records of the court, law enforcement
14agencies, public records of other agencies, and child abuse
15records as provided in section 235A.15, subsection 2, paragraph
16“e”.
17c. Hold conferences with the child and the child’s parent or
18parents, guardian, or custodian for the purpose of interviewing
19them and discussing the disposition of the complaint in
20accordance with the requirements set forth in subsection 8.
21d. Examine any physical evidence pertinent to the complaint.
22e. Interview such persons as are necessary to determine
23whether the filing of a petition would be in the best interests
24of the child and the community as provided in section 232.35,
25subsections 2 and 3.
264. Any additional inquiries may be made only with the
27consent of the child and the child’s parent or parents,
28guardian, or custodian.
295. Participation of the child and the child’s parent or
30parents, guardian, or custodian in a conference with an intake
31officer shall be voluntary, and they shall have the right to
32refuse to participate in such conference. At such conference
33the child shall have the right to the assistance of counsel in
34accordance with section 232.11 and the right to remain silent
35when questioned by the intake officer.
-383-1 Sec. 595. Section 232.29, subsection 1, paragraphs b, d, and
2g, Code 2023, are amended to read as follows:
3b. The intake officer shall advise the child and the child’s
4parent, guardian, or custodian that they have the right to
5refuse an informal adjustment of the complaint and demand the
6filing of a petition and a formal adjudication.
7d. The terms of such agreement shall be clearly stated in
8writing and signed by all parties to the agreement and a copy
9of this agreement shall be given to the child; the counsel for
10the child; the parent, guardian, or custodian; and the intake
11officer, who shall retain the copy in the case file.
12g. The child and the child’s parent, guardian, or custodian
13shall have the right to terminate such agreement at any
14time and to request the filing of a petition and a formal
15adjudication.
16 Sec. 596. Section 232.38, Code 2023, is amended to read as
17follows:
18232.38 Presence of parents at hearings.
191. Any hearings or proceedings under this subchapter
20subsequent to the filing of a petition shall not take place
21without the presence of one or both of the child’s parents,
22guardian, or custodian except that a hearing or proceeding may
23take place without such presence if the parent, guardian, or
24custodian fails to appear after reasonable notification, or if
25the court finds that a reasonably diligent effort has been made
26to notify the child’s parent, guardian, or custodian, and the
27effort was unavailing.
282. In any such hearings or proceedings the court may
29temporarily excuse the presence of the parent, guardian, or
30custodian when the court deems it in the best interests of the
31child. Counsel for the parent, guardian, or custodian shall
32have the right to participate in a hearing or proceeding during
33the absence of the parent, guardian, or custodian.
34 Sec. 597. Section 232.43, subsection 2, Code 2023, is
35amended to read as follows:
-384- 12. The county attorney and the child’s counsel may mutually
2consider a plea agreement which contemplates entry of a plea
3admitting the allegations of the petition in the expectation
4that other charges will be dismissed or not filed or that a
5specific disposition will be recommended by the county attorney
6and granted by the court. Any plea discussion shall be open to
7the child and the child’s parent, guardian, or custodian.
8 Sec. 598. Section 232.44, subsection 5, paragraph b,
9subparagraph (1), Code 2023, is amended to read as follows:
10(1) Place the child in the custody of a parent, guardian,
11 or custodian under that person’s supervision, or under the
12supervision of an organization which agrees to supervise the
13child.
14 Sec. 599. Section 232.44, subsection 7, Code 2023, is
15amended to read as follows:
167. If a child held in shelter care or detention by court
17order has not been released after a detention hearing or has
18not appeared at an adjudicatory hearing before the expiration
19of the order of detention, an additional hearing shall
20automatically be scheduled for the next court day following the
21expiration of the order. The child, the child’s counsel, the
22child’s guardian ad litem, and the child’s parent, guardian,
23 or custodian shall be notified of this hearing not less than
24twenty-four hours before the hearing is scheduled to take
25place. The hearing required by this subsection may be held by
26telephone conference call.
27 Sec. 600. Section 232.46, subsection 1, paragraph b, Code
282023, is amended to read as follows:
29b. A child’s need for shelter placement or for inpatient
30mental health or substance abuse use disorder treatment does
31not preclude entry or continued execution of a consent decree.
32 Sec. 601. Section 232.46, subsection 3, Code 2023, is
33amended to read as follows:
343. A consent decree shall not be entered unless the child
35and the child’s parent, guardian, or custodian is informed
-385-1of the consequences of the decree by the court and the court
2determines that the child has voluntarily and intelligently
3agreed to the terms and conditions of the decree. If the
4county attorney objects to the entry of a consent decree,
5the court shall proceed to determine the appropriateness of
6entering a consent decree after consideration of any objections
7or reasons for entering such a decree.
8 Sec. 602. Section 232.52, subsection 2, paragraph d,
9subparagraph (3), Code 2023, is amended to read as follows:
10(3) The department of human services for purposes of
11foster care and prescribing the type of placement which will
12serve the best interests of the child and the means by which
13the placement shall be monitored by the court. The court
14shall consider ordering placement in family foster care as an
15alternative to group foster care.
16 Sec. 603. Section 232.52, subsection 2, paragraph e,
17unnumbered paragraph 1, Code 2023, is amended to read as
18follows:
19An order transferring the custody of the child, subject to
20the continuing jurisdiction and custody of the court for the
21purposes of section 232.54, to the director of the department
22of human services for purposes of placement in the state
23training school or other facility, provided that the child is
24at least twelve years of age and the court finds the placement
25to be in the best interests of the child or necessary for the
26protection of the public, and that the child has been found to
27have committed an act which is a forcible felony, as defined
28in section 702.11, or a felony violation of section 124.401
29or chapter 707, or the court finds any three of the following
30conditions exist:
31 Sec. 604. Section 232.52, subsections 6, 8, and 9, Code
322023, are amended to read as follows:
336. If the court orders the transfer of custody of the
34child to the department of human services or other agency
35for placement, the department or agency responsible for the
-386-1placement of the child shall submit a case permanency plan to
2the court and shall make every effort to return the child to
3the child’s home as quickly as possible.
48. If the court orders the transfer of the custody of the
5child to the department of human services or to another agency
6for placement in group foster care, the department or agency
7shall make every reasonable effort to place the child in the
8least restrictive, most family-like, and most appropriate
9setting available and in close proximity to the parents’ home,
10consistent with the child’s best interests and special needs,
11and shall consider the placement’s proximity to the school in
12which the child is enrolled at the time of placement.
139. If a child has previously been adjudicated as a child
14in need of assistance, and a social worker or other caseworker
15from the department of human services has been assigned to work
16on the child’s case, the court may order the department of
17human services to assign the same social worker or caseworker
18to work on any matters related to the child arising under this
19subchapter.
20 Sec. 605. Section 232.52, subsection 10, paragraph a,
21unnumbered paragraph 1, Code 2023, is amended to read as
22follows:
23Upon receipt of an application from the director of the
24department of human services, the court shall enter an order
25to temporarily transfer a child who has been placed in the
26state training school pursuant to subsection 2, paragraph “e”,
27to a facility which has been designated to be an alternative
28placement site for the state training school, provided the
29court finds that all of the following conditions exist:
30 Sec. 606. Section 232.68, subsection 4, Code 2023, is
31amended to read as follows:
324. “Department” means the state department of health and
33 human services and includes the local, and county, and service
34area offices of the department.
35 Sec. 607. Section 232.69, subsection 1, paragraph b,
-387-1subparagraphs (6) and (7), Code 2023, are amended to read as
2follows:
3(6) An employee or operator of a substance abuse use
4disorder program or facility licensed under chapter 125.
5(7) An employee of a department of human services
6 institution listed in section 218.1.
7 Sec. 608. Section 232.70, subsections 3, 5, and 6, Code
82023, are amended to read as follows:
93. The oral report shall be made by telephone or otherwise
10to the department of human services. If the person making the
11report has reason to believe that immediate protection for the
12child is advisable, that person shall also make an oral report
13to an appropriate law enforcement agency.
145. The oral and written reports shall contain the following
15information, or as much thereof of the following information as
16the person making the report is able to furnish:
17a. The names and home address of the child and the child’s
18parents or other persons believed to be responsible for the
19child’s care;.
20b. The child’s present whereabouts if not the same as the
21parent’s or other person’s home address;.
22c. The child’s age;.
23d. The nature and extent of the child’s injuries, including
24any evidence of previous injuries;.
25e. The name, age and condition of other children in the same
26home;.
27f. Any other information which the person making the report
28believes might be helpful in establishing the cause of the
29injury to the child, the identity of the person or persons
30responsible for the injury, or in providing assistance to the
31child; and.
32g. The name and address of the person making the report.
336. A report made by a permissive reporter, as defined in
34section 232.69, subsection 2, shall be regarded as a report
35pursuant to this chapter whether or not the report contains
-388-1all of the information required by this section and may be
2made to the department of human services, county attorney, or
3law enforcement agency. If the report is made to any agency
4other than the department of human services, such agency shall
5promptly refer the report to the department of human services.
6 Sec. 609. Section 232.72, subsections 1 and 2, Code 2023,
7are amended to read as follows:
81. For the purposes of this subchapter, the terms
9“department of health and human services”, “department”, or
10“county attorney” ordinarily refer to the service area or local
11office of the department of human services or of the county
12attorney’s office serving the county in which the child’s home
13is located.
142. If the person making a report of child abuse pursuant to
15this chapter does not know where the child’s home is located,
16or if the child’s home is not located in the service area where
17the health practitioner examines, attends, or treats the child,
18 the report may be made to the department or to the local office
19serving the county where the person making the report resides
20or the county where the health practitioner examines, attends,
21or treats the child. These agencies shall promptly proceed as
22provided in section 232.71B, unless the matter is transferred
23as provided in this section.
24 Sec. 610. Section 232.75, subsection 3, Code 2023, is
25amended to read as follows:
263. A person who reports or causes to be reported to the
27department of human services false information regarding an
28alleged act of child abuse, knowing that the information
29is false or that the act did not occur, commits a simple
30misdemeanor.
31 Sec. 611. Section 232.78, subsection 4, Code 2023, is
32amended to read as follows:
334. The juvenile court may enter an order authorizing
34a physician or physician assistant or hospital to provide
35emergency medical or surgical procedures before the filing of
-389-1a petition under this chapter provided all of the following
2conditions are met:
3a. Such procedures are necessary to safeguard the life and
4health of the child; and.
5b. There is not enough time to file a petition under this
6chapter and hold a hearing as provided in section 232.95.
7 Sec. 612. Section 232.79, subsection 4, paragraphs a and b,
8Code 2023, are amended to read as follows:
9a. When the court is informed that there has been an
10emergency removal or keeping of a child without a court order,
11the court shall direct the department of human services or
12the juvenile probation department to make every reasonable
13effort to communicate immediately with the child’s parent or
14parents or other person legally responsible for the child’s
15care. Upon locating the child’s parent or parents or other
16person legally responsible for the child’s care, the department
17of human services or the juvenile probation department shall,
18in accordance with court-established procedures, immediately
19orally inform the court. After orally informing the court,
20the department of human services or the juvenile probation
21department shall provide to the court written documentation of
22the oral information.
23b. The court shall authorize the department of human
24services or the juvenile probation department to cause a
25child thus removed or kept to be returned if it concludes
26there is not an imminent risk to the child’s life and health
27in so doing. If the department of human services or the
28juvenile probation department receives information which could
29affect the court’s decision regarding the child’s return,
30the department of human services or the juvenile probation
31department, in accordance with court established procedures,
32shall immediately orally provide the information to the
33court. After orally providing the information to the court,
34the department of human services or the juvenile probation
35department shall provide to the court written documentation
-390-1of the oral information. If the child is not returned,
2the department of human services or the juvenile probation
3department shall forthwith cause a petition to be filed within
4three days after the removal.
5 Sec. 613. Section 232.81, subsection 2, Code 2023, is
6amended to read as follows:
72. Upon receipt of a complaint, the court may request the
8department of human services, juvenile probation office, or
9other authorized agency or individual to conduct a preliminary
10investigation of the complaint to determine if further action
11should be taken.
12 Sec. 614. Section 232.82, subsection 2, Code 2023, is
13amended to read as follows:
142. If an order is entered under subsection 1 and a petition
15has not yet been filed under this chapter, the petition shall
16be filed under section 232.87 by the county attorney, the
17department of human services, or a juvenile court officer
18within three days of the entering of the order.
19 Sec. 615. Section 232.87, subsection 2, Code 2023, is
20amended to read as follows:
212. A petition may be filed by the department of human
22services, juvenile court officer, or county attorney.
23 Sec. 616. Section 232.89, subsection 3, Code 2023, is
24amended to read as follows:
253. The court shall determine, after giving the parent,
26guardian, or custodian an opportunity to be heard, whether
27the person has the ability to pay in whole or in part for
28counsel appointed for the child. If the court determines
29that the person possesses sufficient financial ability,
30the court shall then consult with the department of human
31services, the juvenile probation office, or other authorized
32agency or individual regarding the likelihood of impairment
33of the relationship between the child and the child’s parent,
34guardian, or custodian as a result of ordering the parent,
35guardian, or custodian to pay for the child’s counsel. If
-391-1impairment is deemed unlikely, the court shall order that
2person to pay an amount the court finds appropriate in the
3manner and to whom the court directs. If the person fails to
4comply with the order without good reason, the court shall
5enter judgment against the person. If impairment is deemed
6likely or if the court determines that the parent, guardian,
7or custodian cannot pay any part of the expenses of counsel
8appointed to represent the child, counsel shall be reimbursed
9pursuant to section 232.141, subsection 2, paragraph “b”.
10 Sec. 617. Section 232.96, subsections 4 and 6, Code 2023,
11are amended to read as follows:
124. A report made to the department of human services
13 pursuant to chapter 235A shall be admissible in evidence,
14but such a report shall not alone be sufficient to support a
15finding that the child is a child in need of assistance unless
16the attorneys for the child and the parents consent to such a
17finding.
186. A report, study, record, or other writing or an
19audiotape or videotape recording made by the department of
20human services, a juvenile court officer, a peace officer, a
21child protection center, or a hospital relating to a child in a
22proceeding under this subchapter is admissible notwithstanding
23any objection to hearsay statements contained in it provided
24it is relevant and material and provided its probative value
25substantially outweighs the danger of unfair prejudice to the
26child’s parent, guardian, or custodian. The circumstances of
27the making of the report, study, record or other writing or an
28audiotape or videotape recording, including the maker’s lack of
29personal knowledge, may be proved to affect its weight.
30 Sec. 618. Section 232.97, subsection 1, Code 2023, is
31amended to read as follows:
321. The court shall not make a disposition of the petition
33until five working days after a social report has been
34submitted to the court and counsel for the child and has been
35considered by the court. The court may waive the five-day
-392-1requirement upon agreement by all the parties. The court may
2direct either the juvenile court officer or the department
3of human services or any other agency licensed by the state
4to conduct a social investigation and to prepare a social
5report which may include any evidence provided by an individual
6providing foster care for the child. A report prepared shall
7include any founded reports of child abuse.
8 Sec. 619. Section 232.98, subsection 2, Code 2023, is
9amended to read as follows:
102. Following an adjudication that a child is a child in need
11of assistance, the court may after a hearing order the physical
12or mental examination of the parent, guardian, or custodian if
13that person’s ability to care for the child is at issue.
14 Sec. 620. Section 232.100, Code 2023, is amended to read as
15follows:
16232.100 Suspended judgment.
17After the dispositional hearing the court may enter an
18order suspending judgment and continuing the proceedings
19subject to terms and conditions imposed to assure the proper
20care and protection of the child. Such terms and conditions
21may include the supervision of the child and of the parent,
22guardian, or custodian by the department of human services,
23juvenile court office, or other appropriate agency designated
24by the court. The maximum duration of any term or condition of
25a suspended judgment shall be twelve months unless the court
26finds at a hearing held during the last month of that period
27that exceptional circumstances require an extension of the term
28or condition for an additional six months.
29 Sec. 621. Section 232.101, subsection 1, Code 2023, is
30amended to read as follows:
311. After the dispositional hearing, the court may enter an
32order permitting the child’s parent, guardian, or custodian
33at the time of the filing of the petition to retain custody
34of the child subject to terms and conditions which the court
35prescribes to assure the proper care and protection of the
-393-1child. Such terms and conditions may include supervision
2of the child and the parent, guardian, or custodian by the
3department of human services, juvenile court office, or other
4appropriate agency which the court designates. Such terms
5and conditions may also include the provision or acceptance
6by the parent, guardian, or custodian of special treatment or
7care which the child needs for the child’s physical or mental
8health. If the parent, guardian, or custodian fails to provide
9the treatment or care, the court may order the department
10of human services or some other appropriate state agency to
11provide such care or treatment.
12 Sec. 622. Section 232.102, subsections 4 and 6, Code 2023,
13are amended to read as follows:
144. a. Whenever possible the court should permit the
15child to remain at home with the child’s parent, guardian, or
16custodian. Custody of the child should not be transferred
17unless the court finds there is clear and convincing evidence
18that of any of the following:
19(1) The child cannot be protected from physical abuse
20without transfer of custody; or.
21(2) The child cannot be protected from some harm which would
22justify the adjudication of the child as a child in need of
23assistance and an adequate placement is available.
24b. In order to transfer custody of the child under
25this subsection, the court must make a determination that
26continuation of the child in the child’s home would be contrary
27to the welfare of the child, and shall identify the reasonable
28efforts that have been made. The court’s determination
29regarding continuation of the child in the child’s home,
30and regarding reasonable efforts, including those made to
31prevent removal and those made to finalize any permanency
32plan in effect, as well as any determination by the court
33that reasonable efforts are not required, must be made on
34a case-by-case basis. The grounds for each determination
35must be explicitly documented and stated in the court order.
-394-1However, preserving the safety of the child is the paramount
2consideration. If imminent danger to the child’s life or
3health exists at the time of the court’s consideration, the
4determinations otherwise required under this paragraph shall
5not be a prerequisite for an order for removal of the child.
6If the court transfers custody of the child, unless the
7court waives the requirement for making reasonable efforts or
8otherwise makes a determination that reasonable efforts are not
9required, reasonable efforts shall be made to make it possible
10for the child to safely return to the family’s home.
116. In any order transferring custody to the department
12or an agency, or in orders pursuant to a custody order, the
13court shall specify the nature and category of disposition
14which will serve the best interests of the child, and shall
15prescribe the means by which the placement shall be monitored
16by the court. If the court orders the transfer of the custody
17of the child to the department of human services or other
18agency for placement, the department or agency shall submit
19a case permanency plan to the court and shall make every
20reasonable effort to return the child to the child’s home as
21quickly as possible consistent with the best interests of the
22child. When the child is not returned to the child’s home and
23if the child has been previously placed in a licensed foster
24care facility, the department or agency shall consider placing
25the child in the same licensed foster care facility. If the
26court orders the transfer of custody to a parent who does not
27have physical care of the child, other relative, or other
28suitable person, the court may direct the department or other
29agency to provide services to the child’s parent, guardian,
30or custodian in order to enable them to resume custody of the
31child. If the court orders the transfer of custody to the
32department of human services or to another agency for placement
33in group foster care, the department or agency shall make every
34reasonable effort to place the child in the least restrictive,
35most family-like, and most appropriate setting available, and
-395-1in close proximity to the parents’ home, consistent with the
2child’s best interests and special needs, and shall consider
3the placement’s proximity to the school in which the child is
4enrolled at the time of placement.
5 Sec. 623. Section 232.103A, subsections 3 and 5, Code 2023,
6are amended to read as follows:
73. The juvenile court shall designate the petitioner and
8respondent for the purposes of the bridge order. A bridge
9order shall only address matters of custody, physical care, and
10visitation. All other matters, including child support, shall
11be filed by separate petition or by action of the child support
12recovery unit services, and shall be subject to existing
13applicable statutory provisions.
145. The district court shall take judicial notice of the
15juvenile file in any hearing related to the case. Records
16contained in the district court case file that were copied or
17transferred from the juvenile court file concerning the case
18shall be subject to section 232.147 and other confidentiality
19provisions of this chapter for cases not involving juvenile
20delinquency, and shall be disclosed, upon request, to the child
21support recovery unit services without a court order.
22 Sec. 624. Section 232.111, subsection 1, Code 2023, is
23amended to read as follows:
241. A child’s guardian, guardian ad litem, or custodian,
25the department of human services, a juvenile court officer, or
26the county attorney may file a petition for termination of the
27parent-child relationship and parental rights with respect to a
28child.
29 Sec. 625. Section 232.116, subsection 1, paragraph l, Code
302023, is amended to read as follows:
31l. The court finds that all of the following have occurred:
32(1) The child has been adjudicated a child in need of
33assistance pursuant to section 232.96 and custody has been
34transferred from the child’s parents for placement pursuant to
35section 232.102.
-396- 1(2) The parent has a severe substance-related substance use
2 disorder as described by either of the following:
3(a) The severe substance-related substance use disorder
4meets the definition for that term as defined in the most
5current edition of the diagnostic and statistical manual
6prepared by the American psychiatric association, and the
7parent presents a danger to self or others as evidenced by
8prior acts.
9(b) The disorder is evidenced by continued and repeated use
10through the case, the parent’s refusal to obtain a substance
11abuse use disorder evaluation or treatment after given the
12opportunity to do so, and the parent presents a danger to self
13or others as evidenced by prior acts.
14(3) There is clear and convincing evidence that the parent’s
15prognosis indicates that the child will not be able to be
16returned to the custody of the parent within a reasonable
17period of time considering the child’s age and need for a
18permanent home.
19 Sec. 626. Section 232.142, Code 2023, is amended to read as
20follows:
21232.142 Maintenance and cost of juvenile homes — fund.
221. County boards of supervisors which singly or in
23conjunction with one or more other counties provide and
24maintain juvenile detention and juvenile shelter care homes are
25subject to this section.
262. For the purpose of providing and maintaining a county
27or multicounty home, the board of supervisors of any county
28may issue general county purpose bonds in accordance with
29sections 331.441 through 331.449. Expenses for providing and
30maintaining a multicounty home shall be paid by the counties
31participating in a manner to be determined by the boards of
32supervisors.
333. A county or multicounty juvenile detention home approved
34pursuant to this section shall receive financial aid from the
35state in a manner approved by the director, the director of the
-397-1department of human rights, or a designee of the director of
2the department of human rights. Aid paid by the state shall
3be at least ten percent and not more than fifty percent of the
4total cost of the establishment, improvements, operation, and
5maintenance of the home. This subsection is repealed July 1,
62023.
74. The director, the director of the department of human
8rights, or a designee of the director of the department of
9human rights shall adopt minimal rules and standards for the
10establishment, maintenance, and operation of such homes as
11shall be necessary to effect the purposes of this chapter. The
12rules shall apply the requirements of section 237.8, concerning
13employment and evaluation of persons with direct responsibility
14for a child or with access to a child when the child is
15alone and persons residing in a child foster care facility,
16to persons employed by, residing in, or volunteering for a
17home approved under this section. The director shall, upon
18request, give guidance and consultation in the establishment
19and administration of the homes and programs for the homes.
20This subsection is repealed July 1, 2023.
215. The director, the director of the department of human
22rights, or a designee of the director of the department of
23human rights shall approve annually all such homes established
24and maintained under the provisions of this chapter. A home
25shall not be approved unless it complies with minimal rules and
26standards adopted by the director and has been inspected by the
27department of inspections and appeals. The statewide number
28of beds in the homes approved by the director shall not exceed
29two hundred seventy-two beds beginning July 1, 2017. This
30subsection is repealed July 1, 2023.
316. A juvenile detention home fund is created in the
32state treasury under the authority of the department or the
33department of human rights as the department and the department
34of human rights agree. The fund shall consist of moneys
35deposited in the fund pursuant to section 602.8108. The moneys
-398-1in the fund shall be used for the costs of the establishment,
2improvement, operation, and maintenance of county or
3multicounty juvenile detention homes in accordance with annual
4appropriations made by the general assembly from the fund for
5these purposes. This subsection is repealed July 1, 2023.
6 Sec. 627. Section 232.147, subsection 2, paragraphs c, e,
7and j, Code 2023, are amended to read as follows:
8c. The child’s parent, guardian, or custodian, court
9appointed special advocate, and guardian ad litem, and
10the members of the child advocacy board created in section
11237.16 or a local citizen foster care review board created in
12accordance with section 237.19 who are assigning or reviewing
13the child’s case.
14e. An agency, individual, association, facility, or
15institution responsible for the care, treatment, or supervision
16of the child pursuant to a court order or voluntary placement
17agreement with the department of human services, juvenile
18officer, or intake officer.
19j. The department of human services.
20 Sec. 628. Section 232.147, subsection 3, paragraphs c, e,
21and h, Code 2023, are amended to read as follows:
22c. The child’s parent, guardian, or custodian, court
23appointed special advocate, guardian ad litem, and the members
24of the child advocacy board created in section 237.16 or a
25local citizen foster care review board created in accordance
26with section 237.19 who are assigning or reviewing the child’s
27case.
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 court
32officer, or intake officer.
33h. The department of human services.
34 Sec. 629. Section 232.147, subsection 4, paragraphs c, f,
35and j, Code 2023, are amended to read as follows:
-399- 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.
7f. 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.
12j. The department of human services.
13 Sec. 630. Section 232.147, subsection 7, Code 2023, is
14amended to read as follows:
157. Official juvenile court records enumerated in section
16232.2, subsection 43, paragraph “e”, relating to paternity,
17support, or the termination of parental rights, shall be
18disclosed, upon request, to the child support recovery unit
19 services without court order.
20 Sec. 631. Section 232.149, subsection 5, paragraph h, Code
212023, is amended to read as follows:
22h. The department of human services.
23 Sec. 632. Section 232.149A, subsection 3, paragraphs c and
24e, Code 2023, are amended to read as follows:
25c. The child’s parent, guardian, or custodian, court
26appointed special advocate, and guardian ad litem, and
27the members of the child advocacy board created in section
28237.16 or a local citizen foster care review board created in
29accordance with section 237.19 who are assigning or reviewing
30the child’s case.
31e. An agency, association, facility, or institution which
32has custody of the child, or is legally responsible for the
33care, treatment, or supervision of the child, including but not
34limited to the department of human services.
35 Sec. 633. Section 232.158A, subsection 1, unnumbered
-400-1paragraph 1, Code 2023, is amended to read as follows:
2Notwithstanding any provision of the interstate compact
3on the placement of children under section 232.158 to the
4contrary, the department of human services shall permit the
5legal risk placement of a child under the interstate compact on
6the placement of children if the prospective adoptive parent
7provides a legal risk statement, in writing, acknowledging all
8of the following:
9 Sec. 634. Section 232.158A, subsection 1, paragraph d, Code
102023, is amended to read as follows:
11d. That the prospective adoptive parent assumes full legal,
12financial, and other risks associated with the legal risk
13placement and that the prospective adoptive parent agrees
14to hold the department of human services harmless for any
15disruption or failure of the placement.
16 Sec. 635. Section 232.160, Code 2023, is amended to read as
17follows:
18232.160 Department of health and human services as public
19authority.
20The “appropriate public authorities” as used in article III
21of the interstate compact on the placement of children under
22section 232.158 shall, with reference to this state, mean the
23state department of health and human services and said the
24 department shall receive and act with reference to notices
25required by article III of that interstate compact.
26 Sec. 636. Section 232.161, Code 2023, is amended to read as
27follows:
28232.161 Department as authority in receiving state.
29As used in paragraph “a” of article V of the interstate
30compact on the placement of children under section 232.158,
31the phrase “appropriate authority in the receiving state” with
32reference to this state shall mean means the state department
33of health and human services.
34 Sec. 637. Section 232.162, Code 2023, is amended to read as
35follows:
-401- 1232.162 Authority to enter agreements.
2The officers and agencies of this state and its subdivisions
3having authority to place children may enter into agreements
4with appropriate officers or agencies of or in other party
5states pursuant to paragraph “b” of article V of the interstate
6compact on the placement of children under section 232.158.
7Any such agreement which contains a financial commitment or
8imposes a financial obligation on this state or a subdivision
9or agency of this state shall not be binding unless it has the
10approval in writing of the administrator of child and family
11services director or the director’s designee in the case of the
12state and the county general assistance director in the case
13of a subdivision of the state.
14 Sec. 638. Section 232.168, Code 2023, is amended to read as
15follows:
16232.168 Attorney general to enforce.
17The attorney general may, on the attorney general’s own
18initiative, institute any criminal and civil actions and
19proceedings under this subchapter, at whatever stage of
20placement necessary, to enforce the interstate compact on
21the placement of children, including, but not limited to,
22seeking enforcement of the provisions of the compact through
23the courts of a party state. The department of human services
24 shall cooperate with the attorney general and shall refer any
25placement or proposed placement to the attorney general which
26may require enforcement measures.
27 Sec. 639. Section 232.171, subsection 4, Code 2023, is
28amended to read as follows:
294. Article IV — Return of runaways.
30a. (1) That the parent, guardian, or person or agency
31entitled to legal custody of a juvenile who has not been
32adjudged delinquent but who has run away without the consent
33of such parent, guardian, or person or agency may petition
34the appropriate court in the demanding state for the issuance
35of a requisition for the juvenile’s return. The petition
-402-1shall state the name and age of the juvenile, the name of the
2petitioner and the basis of entitlement to the juvenile’s
3custody, the circumstances of the juvenile’s running away,
4the juvenile’s location if known at the time application
5is made, and such other facts as may tend to show that the
6juvenile who has run away is endangering the juvenile’s own
7welfare or the welfare of others and is not an emancipated
8minor. The petition shall be verified by affidavit, shall
9be executed in duplicate, and shall be accompanied by two
10certified copies of the document or documents on which the
11petitioner’s entitlement to the juvenile’s custody is based,
12such as birth certificates, letters of guardianship, or custody
13decrees. Such further affidavits and other documents as may
14be deemed proper may be submitted with such petition. The
15judge of the court to which this application is made may hold a
16hearing thereon to determine whether for the purposes of this
17compact the petitioner is entitled to the legal custody of the
18juvenile, whether or not it appears that the juvenile has in
19fact run away without consent, whether or not the juvenile is
20an emancipated minor, and whether or not it is in the best
21interest of the juvenile to compel the juvenile’s return to
22the state. If the judge determines, either with or without a
23hearing, that the juvenile should be returned, the judge shall
24present to the appropriate court or to the executive authority
25of the state where the juvenile is alleged to be located a
26written requisition for the return of such juvenile. Such
27requisition shall set forth the name and age of the juvenile,
28the determination of the court that the juvenile has run away
29without the consent of a parent, guardian, or person or agency
30entitled to the juvenile’s legal custody, and that it is in
31the best interest and for the protection of such juvenile that
32the juvenile be returned. In the event that a proceeding for
33the adjudication of the juvenile as a delinquent, neglected or
34dependent juvenile is pending in the court at the time when
35such juvenile runs away, the court may issue a requisition for
-403-1the return of such juvenile upon its own motion, regardless
2of the consent of the parent, guardian, or person or agency
3entitled to legal custody, reciting therein the nature and
4circumstances of the pending proceeding. The requisition shall
5in every case be executed in duplicate and shall be signed by
6the judge. One copy of the requisition shall be filed with the
7compact administrator of the demanding state, there to remain
8on file subject to the provisions of law governing records
9of such court. Upon the receipt of a requisition demanding
10the return of a juvenile who has run away, the court or the
11executive authority to whom the requisition is addressed shall
12issue an order to any peace officer or other appropriate person
13directing the officer or person to take into custody and detain
14such juvenile. Such detention order must substantially recite
15the facts necessary to the validity of its issuance hereunder.
16No juvenile detained upon such order shall be delivered over
17to the officer whom the court demanding the juvenile shall
18have appointed to receive the juvenile, unless the juvenile
19shall first be taken forthwith before a judge of a court in the
20state, who shall inform the juvenile of the demand made for
21the juvenile’s return, and who may appoint counsel or guardian
22ad litem for the juvenile. If the judge of such court shall
23find that the requisition is in order, the judge shall deliver
24such juvenile over to the officer whom the court demanding the
25juvenile shall have appointed to receive the juvenile. The
26judge, however, may fix a reasonable time to be allowed for the
27purpose of testing the legality of the proceeding.
28(2) Upon reasonable information that a person is a juvenile
29who has run away from another state party to this compact
30without the consent of a parent, guardian, or person or agency
31entitled to the juvenile’s legal custody, such juvenile may be
32taken into custody without a requisition and brought forthwith
33before a judge of the appropriate court who may appoint counsel
34or guardian ad litem for such juvenile and who shall determine
35after a hearing whether sufficient cause exists to hold the
-404-1person, subject to the order of the court, for the person’s own
2protection and welfare, for such a time not exceeding ninety
3days as will enable the person’s return to another state party
4to this compact pursuant to a requisition for the person’s
5return from a court of that state. If, at the time when a
6state seeks the return of a juvenile who has run away, there is
7pending in the state wherein the juvenile is found any criminal
8charge, or any proceeding to have the juvenile adjudicated a
9delinquent juvenile for an act committed in such state, or
10if the juvenile is suspected of having committed within such
11state a criminal offense or an act of juvenile delinquency,
12the juvenile shall not be returned without the consent of
13such state until discharged from prosecution or other form of
14proceeding, imprisonment, detention or supervision for such
15offense or juvenile delinquency. The duly accredited officers
16of any state party to this compact, upon the establishment
17of their authority and the identity of the juvenile being
18returned, shall be permitted to transport such juvenile through
19any and all states party to this compact, without interference.
20Upon the juvenile’s return to the state from which the juvenile
21ran away, the juvenile shall be subject to such further
22proceedings as may be appropriate under the laws of that state.
23b. That the state to which a juvenile is returned under this
24article shall be responsible for payment of the transportation
25costs of such return.
26c. That “juvenile” as used in this article means any person
27who is a minor under the law of the state of residence of the
28parent, guardian, or person or agency entitled to the legal
29custody of such minor.
30 Sec. 640. Section 232.171, subsection 7, paragraph a, Code
312023, is amended to read as follows:
32a. That the duly constituted judicial and administrative
33authorities of a state party to this compact, herein called
34“sending state”, may permit any delinquent juvenile within
35such state, placed on probation or parole, to reside in any
-405-1other state party to this compact, herein called “receiving
2state”, while on probation or parole, and the receiving
3state shall accept such delinquent juvenile, if the parent,
4guardian, or person entitled to the legal custody of such
5delinquent juvenile is residing or undertakes to reside
6within the receiving state. Before granting such permission,
7opportunity shall be given to the receiving state to make such
8investigations as it deems necessary. The authorities of the
9sending state shall send to the authorities of the receiving
10state copies of pertinent court orders, social case studies
11and all other available information which may be of value to
12and assist the receiving state in supervising a probationer
13or parolee under this compact. A receiving state, in its
14discretion, may agree to accept supervision of a probationer or
15parolee in cases where the parent, guardian, or person entitled
16to the legal custody of the delinquent juvenile is not a
17resident of the receiving state, and if so accepted the sending
18state may transfer supervision accordingly.
19 Sec. 641. Section 232.171, subsection 10, paragraph f, Code
202023, is amended to read as follows:
21f. Provide that the consent of the parent, guardian, or
22 person or agency entitled to the legal custody of said the
23 delinquent juvenile shall be secured prior to the juvenile
24being sent to another state; and
25 Sec. 642. Section 232.188, Code 2023, is amended to read as
26follows:
27232.188 Decategorization of child welfare and juvenile
28justice funding initiative.
291. Definitions. For the purposes of this section, unless
30the context otherwise requires:
31a. “Decategorization governance board” or “governance
32board” means the group that enters into and implements a
33decategorization project agreement.
34b. “Decategorization project” means the county or counties
35that have entered into a decategorization agreement to
-406-1implement the decategorization initiative in the county or
2multicounty area covered by the agreement.
3c. “Decategorization services funding pool” or “funding pool”
4means the funding designated for a decategorization project
5from all sources.
62. Purpose. The decategorization of the child welfare and
7juvenile justice funding initiative is intended to establish
8a system of delivering human services based upon client needs
9to replace a system based upon a multitude of categorical
10programs and funding sources, each with different service
11definitions and eligibility requirements. The purposes of
12the decategorization initiative include but are not limited
13to redirecting child welfare and juvenile justice funding
14to services which are more preventive, family-centered,
15and community-based in order to reduce use of restrictive
16approaches which rely upon institutional, out-of-home, and
17out-of-community services.
183. Implementation.
19a. Implementation of the initiative shall be through
20creation of decategorization projects. A project shall consist
21of either a single county or a group of counties interested
22in jointly implementing the initiative. Representatives of
23the department, juvenile court services, and county government
24shall develop a project agreement to implement the initiative
25within a project.
26b. The initiative shall include community planning
27activities in the area covered by a project. As part of
28the community planning activities, the department shall
29partner with other community stakeholders to develop service
30alternatives that provide less restrictive levels of care for
31children and families receiving services from the child welfare
32and juvenile justice systems within the project area.
33c. The decategorization initiative shall not be implemented
34in a manner that limits the legal rights of children and
35families to receive services.
-407- 14. Governance board.
2a. In partnership with an interested county or group of
3counties which has demonstrated the commitment and involvement
4of the affected county department, or departments, of human
5services, the juvenile justice system within the project
6area, and board, or boards, of supervisors in order to form
7a decategorization project, the department shall develop
8a process for combining specific state and state-federal
9funding categories into a decategorization services funding
10pool for that project. A decategorization project shall be
11implemented by a decategorization governance board. The
12decategorization governance board shall develop specific,
13quantifiable short-term and long-term plans for enhancing the
14family-centered and community-based services and reducing
15reliance upon out-of-community care in the project area.
16b. The department shall work with the decategorization
17governance boards to best coordinate planning activities and
18most effectively target funding resources. A departmental
19service area manager The department shall work with the
20decategorization governance boards in that service area to
21support board planning and service development activities and
22to promote the most effective alignment of resources.
23c. A decategorization governance board shall coordinate
24the project’s planning and budgeting activities with the
25departmental service area manager department’s designee for the
26county or counties comprising the project area and the early
27childhood Iowa area board or boards for the early childhood
28Iowa area or areas within which the decategorization project
29is located.
305. Funding pool.
31a. The governance board for a decategorization project has
32authority over the project’s decategorization services funding
33pool and shall manage the pool to provide more flexible,
34individualized, family-centered, preventive, community-based,
35comprehensive, and coordinated service systems for children and
-408-1families served in that project area. A funding pool shall
2also be used for child welfare and juvenile justice systems
3enhancements.
4b. Notwithstanding section 8.33, moneys designated for a
5project’s decategorization services funding pool that remain
6unencumbered or unobligated at the close of the fiscal year
7shall not revert but shall remain available for expenditure as
8directed by the project’s governance board for child welfare
9and juvenile justice systems enhancements and other purposes
10of the project for the next three succeeding fiscal years.
11Such moneys shall be known as “carryover funding”. Moneys may
12be made available to a funding pool from one or more of the
13following sources:
14(1) Funds designated for the initiative in a state
15appropriation.
16(2) Child welfare and juvenile justice services funds
17designated for the initiative by a departmental service area
18manager the department.
19(3) Juvenile justice program funds designated for the
20initiative by a chief juvenile court officer.
21(4) Carryover funding.
22(5) Any other source designating moneys for the funding
23pool.
24c. The services and activities funded from a project’s
25funding pool may vary depending upon the strategies selected
26by the project’s governance board and shall be detailed in an
27annual child welfare and juvenile justice decategorization
28services plan developed by the governance board. A
29decategorization governance board shall involve community
30representatives and county organizations in the development of
31the plan for that project’s funding pool. In addition, the
32governance board shall coordinate efforts through communication
33with the appropriate departmental service area manager
34 department regarding budget planning and decategorization
35service decisions.
-409- 1d. A decategorization governance board is responsible for
2ensuring that decategorization services expenditures from that
3project’s funding pool do not exceed the amount of funding
4available. If necessary, the governance board shall reduce
5expenditures or discontinue specific services as necessary to
6manage within the funding pool resources available for a fiscal
7year.
8e. The annual child welfare and juvenile justice
9decategorization services plan developed for use of the funding
10pool by a decategorization governance board shall be submitted
11to the department administrator of child welfare services
12 and the early childhood Iowa state board. In addition, the
13decategorization governance board shall submit an annual
14progress report to the department administrator and the early
15childhood Iowa state board which summarizes the progress made
16toward attaining the objectives contained in the plan. The
17progress report shall serve as an opportunity for information
18sharing and feedback.
196. Departmental role. A The departmental service area’s
20 share of the child welfare appropriation that is not allocated
21by law for the decategorization initiative shall be managed
22by and is under the authority of the service area manager
23 department. A service area manager The department is
24responsible for meeting the child welfare service needs in the
25counties comprising the service area with the available funding
26resources.
27 Sec. 643. Section 232.189, unnumbered paragraph 1, Code
282023, is amended to read as follows:
29Based upon a model reasonable efforts family court
30initiative, the director of human services and the chief
31justice of the supreme court or their designees shall jointly
32establish and implement a statewide protocol for reasonable
33efforts, as defined in section 232.102. In addition, the
34director and the chief justice shall design and implement
35a system for judicial and departmental reasonable efforts
-410-1education for deployment throughout the state. The system for
2reasonable efforts education shall be developed in a manner
3which addresses the particular needs of rural areas and shall
4include but is not limited to all of the following topics:
5 Sec. 644. Section 232B.3, Code 2023, is amended by adding
6the following new subsections:
7 NEW SUBSECTION. 3A. “Department” means the department of
8health and human services.
9 NEW SUBSECTION. 3B. “Director” means the director of health
10and human services.
11 Sec. 645. Section 232B.9, subsections 8 and 9, Code 2023,
12are amended to read as follows:
138. A record of each foster care placement, emergency
14removal, preadoptive placement, or adoptive placement of an
15Indian child, under the laws of this state, shall be maintained
16in perpetuity by the department of human services in accordance
17with section 232B.13. The record shall document the active
18efforts to comply with the applicable order of preference
19specified in this section.
209. The state of Iowa recognizes the authority of Indian
21tribes to license foster homes and to license agencies to
22receive children for control, care, and maintenance outside
23of the children’s own homes, or to place, receive, arrange
24the placement of, or assist in the placement of children for
25foster care or adoption. The department of human services and
26child-placing agencies licensed under chapter 238 may place
27children in foster homes and facilities licensed by an Indian
28tribe.
29 Sec. 646. Section 232B.11, subsections 1 and 2, Code 2023,
30are amended to read as follows:
311. The director of human services or the director’s designee
32shall make a good faith effort to enter into agreements
33with Indian tribes regarding jurisdiction over child custody
34proceedings and the care and custody of Indian children whose
35tribes have land within Iowa, including but not limited to
-411-1the Sac and Fox tribe, the Omaha tribe, the Ponca tribe, and
2the Winnebago tribe, and whose tribes have an Indian child
3who resides in the state of Iowa. An agreement shall seek to
4promote the continued existence and integrity of the Indian
5tribe as a political entity and the vital interest of Indian
6children in securing and maintaining a political, cultural,
7and social relationship with their tribes. An agreement
8shall assure that tribal services and Indian organizations
9or agencies are used to the greatest extent practicable in
10planning and implementing any action pursuant to the agreement
11concerning the care and custody of Indian children. If tribal
12services are not available, an agreement shall assure that
13community services and resources developed specifically for
14Indian families will be used.
152. If an agreement entered into between the tribe and the
16department of human services pertaining to the funding of
17foster care placements for Indian children conflicts with any
18federal or state law, the state in a timely, good faith manner
19shall agree to amend the agreement in a way that prevents any
20interruption of services to eligible Indian children.
21 Sec. 647. Section 232B.12, Code 2023, is amended to read as
22follows:
23232B.12 Payment of foster care expenses.
241. If the department of human services has legal custody
25of an Indian child and that child is placed in foster care
26according to the placement preferences under section 232B.9
27the state shall pay, subject to any applicable federal funding
28limitations and requirements, the cost of the foster care in
29the manner and to the same extent the state pays for foster
30care of non-Indian children, including the administrative and
31training costs associated with the placement. In addition,
32the state shall pay the other costs related to the foster care
33placement of an Indian child as may be provided for in an
34agreement entered into between a tribe and the state.
352. The department of human services may, subject to any
-412-1applicable federal funding limitations and requirements and
2within funds appropriated for foster care services, purchase
3care for Indian children who are in the custody of a federally
4recognized Indian tribe or tribally licensed child-placing
5agency pursuant to parental consent, tribal court order, or
6state court order; and the purchase of the care is subject to
7the same eligibility standards and rates of support applicable
8to other children for whom the department purchases care.
9 Sec. 648. Section 232B.13, subsections 1, 3, 4, and 5, Code
102023, are amended to read as follows:
111. The department of human services shall establish an
12automated database where a permanent record shall be maintained
13of every involuntary or voluntary foster care, preadoptive
14placement, or adoptive placement of an Indian child that is
15ordered by a court of this state and in which the department
16was involved. The automated record shall document the active
17efforts made to comply with the order of placement preference
18specified in section 232B.9. An Indian child’s placement
19record shall be maintained in perpetuity by the department
20of human services and shall include but is not limited to
21the name, birthdate, and gender of the Indian child, and the
22location of the local department office that maintains the
23original file and documents containing the information listed
24in subsection 2.
253. If a court orders the foster care, preadoptive placement,
26or adoptive placement of an Indian child, the court and any
27state-licensed child-placing agency involved in the placement
28shall provide the department of human services with the records
29described in subsections 1 and 2.
304. A record maintained pursuant to this section by the
31department of human services, a county department of human
32services, state-licensed child-placing agency, private
33attorney, or medical facility shall be made available within
34seven days of a request for the record by the Indian child’s
35tribe or the secretary of the interior.
-413- 15. Upon the request of an Indian individual who is eighteen
2years of age or older, or upon the request of an Indian
3child’s parent, Indian custodian, attorney, guardian ad litem,
4guardian, legal custodian, or caseworker of the Indian child,
5the department of human services, a county department of
6human services, state-licensed child-placing agency, private
7attorney, or medical facility shall provide access to the
8records pertaining to the Indian individual or child maintained
9pursuant to this section. The records shall also be made
10available upon the request of the descendants of the Indian
11individual or child. A record shall be made available within
12seven days of a request for the record by any person authorized
13by this subsection to make the request.
14 Sec. 649. Section 232B.14, subsection 1, Code 2023, is
15amended to read as follows:
161. The department of human services, in consultation
17with Indian tribes, shall establish standards and procedures
18for the department’s review of cases subject to this chapter
19and methods for monitoring the department’s compliance with
20provisions of the federal Indian Child Welfare Act and this
21chapter. These standards and procedures and the monitoring
22methods shall be integrated into the department’s structure
23and plan for the federal government’s child and family service
24review process and any program improvement plan resulting from
25that process.
26 Sec. 650. Section 232C.2, subsection 1, Code 2023, is
27amended to read as follows:
281. Prior to an emancipation hearing held pursuant to
29section 232C.1, the court, on its own motion, may stay the
30proceedings, and refer the parties to mediation or request
31that the department of health and human services investigate
32any allegations of child abuse or neglect contained in the
33petition, and order that a written report be prepared and filed
34by the department.
35 Sec. 651. Section 232C.4, subsection 6, Code 2023, is
-414-1amended to read as follows:
26. A parent who is absolved of child support obligations
3pursuant to an emancipation order shall notify the child
4support recovery unit services of the department of health and
5 human services of the emancipation.
6 Sec. 652. Section 232D.204, subsection 4, Code 2023, is
7amended to read as follows:
84. A proceeding under this section shall not create a new
9eligibility category for the department of health and human
10services protective services.
11 Sec. 653. Section 232D.307, subsection 3, Code 2023, is
12amended to read as follows:
133. The judicial branch in conjunction with the department
14of public safety, the department of health and human services,
15and the state chief information officer shall establish
16procedures for electronic access to the single contact
17repository necessary to conduct background checks requested
18under subsection 1.
19 Sec. 654. Section 233.2, subsection 2, paragraphs c and d,
20Code 2023, are amended to read as follows:
21c. If the physical custody of the newborn infant is
22relinquished at an institutional health facility, the state
23shall reimburse the institutional health facility for the
24institutional health facility’s actual expenses in providing
25care to the newborn infant and in performing acts necessary to
26protect the physical health or safety of the newborn infant.
27The reimbursement shall be paid from moneys appropriated for
28this purpose to the department of health and human services.
29d. If the name of the parent is unknown to the institutional
30health facility, the individual on duty or other person
31designated by the institutional health facility at which
32physical custody of the newborn infant was relinquished shall
33submit the certificate of birth report as required pursuant to
34section 144.14. If the name of the parent is disclosed to the
35institutional health facility, the facility shall submit the
-415-1certificate of birth report as required pursuant to section
2144.13. The department of public health and human services
3 shall not file the certificate of birth with the county of
4birth and shall otherwise maintain the confidentiality of the
5birth certificate in accordance with section 144.43.
6 Sec. 655. Section 233.2, subsection 3, Code 2023, is amended
7to read as follows:
83. As soon as possible after the individual on duty or first
9responder assumes physical custody of a newborn infant released
10under subsection 1, the individual or first responder shall
11notify the department of health and human services and the
12department shall take the actions necessary to assume the care,
13control, and custody of the newborn infant. The department
14shall immediately notify the juvenile court and the county
15attorney of the department’s action and the circumstances
16surrounding the action and request an ex parte order from the
17juvenile court ordering, in accordance with the requirements of
18section 232.78, the department to take custody of the newborn
19infant. Upon receiving the order, the department shall take
20custody of the newborn infant. Within twenty-four hours of
21taking custody of the newborn infant, the department shall
22notify the juvenile court and the county attorney in writing
23of the department’s action and the circumstances surrounding
24the action.
25 Sec. 656. Section 233.6, unnumbered paragraph 1, Code 2023,
26is amended to read as follows:
27The department of health and human services, in consultation
28with the Iowa department of public health and the department of
29justice, shall develop and distribute the following:
30 Sec. 657. Section 233A.1, Code 2023, is amended to read as
31follows:
32233A.1 State training school — Eldora.
331. Effective January 1, 1992, a diagnosis and evaluation
34center and other units are established at the state training
35school to provide court-committed male juvenile delinquents a
-416-1program which focuses upon appropriate developmental skills,
2treatment, placements, and rehabilitation.
32. The diagnosis and evaluation center which is used to
4identify appropriate treatment and placement alternatives for
5juveniles and any other units for juvenile delinquents which
6are located at Eldora shall be known as the “state training
7school”.
83. For the purposes of this chapter “director”:
9a. “Department” means the department of health and human
10services.
11b. “Director”means the director of health and human
12services and “superintendent”.
13c. “State training school” means the diagnosis and
14evaluation center which is used to identify appropriate
15treatment and placement alternatives for juveniles and any
16other units for juvenile delinquents which are located at
17Eldora.
18d. “Superintendent”means the administrator in charge of the
19diagnosis and evaluation center for juvenile delinquents and
20other units at the state training school.
213. 4. The number of children present at any one time at
22the state training school shall not exceed the population
23guidelines established under 1990 Iowa Acts, ch.1239, §21, as
24adjusted for subsequent changes in the capacity at the training
25school.
26 Sec. 658. Section 233A.3, Code 2023, is amended to read as
27follows:
28233A.3 Salary.
29The salary of the superintendent of the state training
30school shall be determined by the administrator director.
31 Sec. 659. Section 233A.6, Code 2023, is amended to read as
32follows:
33233A.6 Visits.
34Members of the executive council, the attorney general,
35the lieutenant governor, members of the general assembly,
-417-1judges of the supreme and district court and court of appeals,
2magistrates, county attorneys, and persons ordained or
3designated as regular leaders of a religious community are
4authorized to may visit the state training school at reasonable
5times. No other person shall be granted admission except by
6permission of the superintendent.
7 Sec. 660. Section 233A.7, Code 2023, is amended to read as
8follows:
9233A.7 Placing in families.
10All children committed to and received in the state training
11school may be placed by the department under foster care
12arrangements, with any persons or in families of good standing
13and character where they the children will be properly cared
14for and educated. The cost of foster care provided under these
15arrangements shall be paid as provided in section 234.35.
16 Sec. 661. Section 233A.8, Code 2023, is amended to read as
17follows:
18233A.8 Articles of agreement.
19Such children shall be so A child placed in foster care as
20provided in section 233A.7 shall be placed under articles of
21agreement, approved by the administrator director and signed
22by the person or persons taking them providing foster care and
23by the superintendent. Said The articles of agreement shall
24provide for the custody, care, education, maintenance, and
25earnings of said children the child for a time to be fixed
26 specified in said the articles, which shall not extend beyond
27the time when the persons bound shall attain the child attains
28 age of eighteen years of age.
29 Sec. 662. Section 233A.9, Code 2023, is amended to read as
30follows:
31233A.9 Resuming custody of child.
32In case If a child so placed be in foster care as provided
33in section 233A.7 is not given the care, education, treatment,
34and maintenance required by such the articles of agreement, the
35administrator director may cause the child to be taken from
-418-1the person with whom placed and returned return the child to
2the institution state training school, or may replace place
3the child in a different foster care placement, or release, or
4finally discharge the child as may seem best.
5 Sec. 663. Section 233A.10, Code 2023, is amended to read as
6follows:
7233A.10 Unlawful interference.
8It shall be unlawful for any parent or other person not
9a party to such the placing of a child in foster care to
10interfere in any manner or assume or exercise any control over
11such the child or the child’s earnings. Said The child’s
12 earnings shall be used, held, or otherwise applied for the
13exclusive benefit of such the child, in accordance with section
14234.37.
15 Sec. 664. Section 233A.11, Code 2023, is amended to read as
16follows:
17233A.11 County attorney to appear for child.
18In case legal proceedings are necessary to enforce any
19right conferred on any child by sections 233A.7 through
20233A.10, the county attorney of the county in which such
21proceedings should be instituted shall, on the request of the
22superintendent, approved by subject to the approval of the
23administrator director, institute and carry on, in the name of
24the superintendent, out the proceedings in on behalf of the
25superintendent.
26 Sec. 665. Section 233A.12, Code 2023, is amended to read as
27follows:
28233A.12 Discharge or parole.
29The administrator director may at any time after one year’s
30service order the discharge or parole of any inmate as a reward
31for good conduct, and may, in exceptional cases, discharge or
32parole inmates without regard to the length of their service
33or conduct, when satisfied that the reasons therefor for the
34discharge or parole are urgent and sufficient. If paroled upon
35satisfactory evidence of reformation, the order may remain in
-419-1effect or terminate under such rules as the administrator may
2prescribe prescribed by the director.
3 Sec. 666. Section 233A.13, Code 2023, is amended to read as
4follows:
5233A.13 Binding out or discharge Discharge.
6The binding out or the discharge of an inmate as reformed, or
7having arrived at the age of eighteen years of age, shall be a
8complete release from all penalties incurred by the conviction
9for the offense upon which the child was committed to the
10school.
11 Sec. 667. Section 233A.14, Code 2023, is amended to read as
12follows:
13233A.14 Transfers to other institutions.
14The administrator director may transfer minor wards of
15the state to the state training school minor wards of the
16state from any institution under the administrator’s charge
17 director’s control, but no a person shall not be so transferred
18who is mentally ill or has a mental illness or an intellectual
19disability. Any child in the state training school who is
20mentally ill has a mental illness or has an intellectual
21disability may be transferred by the administrator director to
22the proper state institution.
23 Sec. 668. Section 233A.15, Code 2023, is amended to read as
24follows:
25233A.15 Transfers to work in parks.
261. The administrator director may detail assign children,
27classed as from the state training school deemed trustworthy,
28from the state training school, to perform services for the
29department of natural resources within the state parks, state
30game and forest areas, and other lands under the jurisdiction
31of the department of natural resources. The department of
32natural resources shall provide permanent housing and work
33guidance supervision, but the care and custody of the children
34so detailed assigned shall remain under employees of the
35division of child and family services of with the department of
-420-1human services. All such programs shall have as their primary
2purpose and shall provide for inculcation or the activation of
3attitudes, skills, and habit patterns which will be conducive
4to the habilitation of the youths children involved.
52. The administrator is hereby authorized to director
6may use state-owned mobile housing equipment and facilities
7in performing services at temporary locations in the areas
8described in subsection 1.
9 Sec. 669. Section 234.1, Code 2023, is amended to read as
10follows:
11234.1 Definitions.
12As used in this chapter, unless the context otherwise
13requires:
141. “Administrator” means the administrator of the division.
152. 1. “Child” means either a person less than eighteen
16years of age or a person eighteen, nineteen, or twenty years of
17age who meets all of the following conditions:
18a. The person was placed by court order issued pursuant
19to chapter 232 in foster care or in an institution listed in
20section 218.1 and either of the following situations apply to
21the person:
22(1) After reaching eighteen years of age, the person
23has remained continuously and voluntarily under the care
24of an individual, as defined in section 237.1, licensed to
25provide foster care pursuant to chapter 237 or in a supervised
26apartment living arrangement, in this state.
27(2) The person aged out of foster care after reaching
28eighteen years of age and subsequently voluntarily applied for
29placement with an individual, as defined in section 237.1,
30licensed to provide foster care pursuant to chapter 237 or for
31placement in a supervised apartment living arrangement, in this
32state.
33b. The person has demonstrated a willingness to participate
34in case planning and to complete the responsibilities
35prescribed in the person’s case permanency plan.
-421- 1c. The department has made an application for the person
2for adult services upon a determination that it is likely the
3person will need or be eligible for services or other support
4from the adult services system.
53. “Division” or “state division” means that division of the
6department of human services to which the director has assigned
7responsibility for income and service programs.
84. “Food assistance program” means the benefits provided
9through the United States department of agriculture program
10administered by the department of human services in accordance
11with 7 C.F.R. pts.270 – 283.
122. “Council” means the council on health and human services.
133. “Department” means the department of health and human
14services.
154. “Director” means the director of health and human
16services.
175. “Food programs” means the food stamp supplemental
18nutrition assistance program and donated foods programs
19authorized by federal law under the United States department
20of agriculture.
216. “Supplemental nutrition assistance program” or “SNAP”
22 means benefits provided by the federal program administered
23through 7 C.F.R.pts.270 – 280, as amended.
24 Sec. 670. Section 234.4, Code 2023, is amended to read as
25follows:
26234.4 Education of children in departmental programs.
27If the department of human services has custody or has other
28responsibility for a child based upon the child’s involvement
29in a departmental program involving foster care, preadoption or
30adoption, or subsidized guardianship placement and the child
31is subject to the compulsory attendance law under chapter 299,
32the department shall fulfill the responsibilities outlined in
33section 299.1 and other responsibilities under federal and
34state law regarding the child’s school attendance. As part
35of fulfilling the responsibilities described in this section,
-422-1if the department has custody or other responsibility for
2placement and care of a child and the child transfers to a
3different school during or immediately preceding the period of
4custody or other responsibility, within the first six weeks of
5the transfer date the department shall assess the student’s
6degree of success in adjusting to the different school.
7 Sec. 671. Section 234.6, Code 2023, is amended to read as
8follows:
9234.6 Powers and duties of the administrator director.
101. The administrator shall be vested with the authority
11to director shall administer the family investment program,
12state supplementary assistance, food programs, child welfare,
13and emergency relief, family and adult service programs, and
14any other form of public welfare assistance and institutions
15that are placed under the administrator’s director’s
16 administration. The administrator director shall perform
17duties, shall formulate and adopt rules as may be necessary,
18and shall outline policies, dictate procedure, and delegate
19such powers as may be necessary for competent and efficient
20administration. Subject to restrictions that may be imposed
21by the director of human services and the council on human
22services, the administrator director may abolish, alter,
23consolidate, or establish subdivisions subunits and may abolish
24or change offices previously created existing subunits. The
25administrator director may employ necessary personnel and
26fix determine their compensation; may allocate or reallocate
27functions and duties among any subdivisions now existing or
28later established subunits; and may adopt rules relating to the
29employment of personnel and the allocation of their functions
30and duties among the various subdivisions subunits as required
31for competent and efficient administration may require. The
32administrator director shall do all of the following:
33a. Cooperate with the social security administration created
34by the Social Security Act and codified at 42 U.S.C. §901,
35or other agency of the federal government for public welfare
-423-1 assistance, in such reasonable manner as may be necessary to
2qualify for federal aid, including the making of such reports
3in such form and containing such information as the social
4security administration, from time to time, may require,
5and to comply with such regulations as such social security
6administration, from time to time, may find necessary to assure
7the correctness and verification of such reports.
8b. Furnish information to acquaint the public generally
9with the operation of the federal Acts under the director’s
10 jurisdiction of the administrator.
11c. With the approval of the director of human services,
12the governor, the director of the department of management,
13and the director of the department of administrative services,
14set up establish an administrative fund from the funds under
15the administrator’s director’s control and management an
16administrative fund and from the administrative fund pay the
17expenses of operating the division department’s duties under
18this chapter.
19d. Notwithstanding any provisions to the contrary in chapter
20239B relating to the consideration of income and resources
21of claimants for assistance, the administrator, and with the
22consent and approval of the director of human services and
23the council on human services, shall make such adopt rules as
24may be necessary to qualify for federal aid in the assistance
25programs administered by the administrator director.
26e. Have authority to use Use funds available to the
27department, subject to any limitations placed on the use
28thereof of the funds by the legislation appropriating the
29funds, to provide to or purchase, for eligible families and
30individuals eligible therefor, services including but not
31limited to the following:
32(1) Child care for children or adult day services, in
33facilities which are licensed or are approved as meeting
34standards for licensure.
35(2) Foster care, including foster family care, group homes,
-424-1and institutions.
2(3) Family-centered services, as defined in section
3232.102A, subsection 1, paragraph “b”.
4(4) Family planning.
5(5) Protective services.
6(6) Services or support provided to a child with an
7intellectual disability or other developmental disability or
8to the child’s family.
9(7) Transportation services.
10(8) Any services, not otherwise enumerated in this
11paragraph “e”, authorized by or pursuant to the United States
12Social Security Act of 1934, as amended.
13f. Administer the food programs authorized by federal law,
14and recommend rules necessary in the administration of those
15programs to the director for adoption pursuant to chapter 17A.
16g. Provide consulting and technical services to the director
17of the department of education, or the director’s designee,
18upon request, relating to prekindergarten, kindergarten, and
19before and after school programming and facilities.
20h. Recommend rules for their adoption by the council on
21human services for before and after school child care programs,
22conducted within and by or contracted for by school districts,
23that are appropriate for the ages of the children who receive
24services under the programs.
252. The department of human services shall have the power
26and authority to may use the funds available to it, to purchase
27services of all kinds from public or private agencies to
28provide for the needs of children, including but not limited to
29psychiatric services, supervision, specialized group, foster
30homes, and institutional care.
313. In determining the reimbursement rate for services
32purchased by the department of human services from a person
33or agency, the department shall not include private moneys
34contributed to the person or agency unless the moneys are
35contributed for services provided to a specific individual.
-425-1 Sec. 672. Section 234.7, Code 2023, is amended to read as
2follows:
3234.7 Department duties.
41. The department of human services shall comply with the
5provision associated with child foster care licensees under
6chapter 237 that requires that a child’s foster parent be
7included in, and be provided timely notice of, planning and
8review activities associated with the child, including but not
9limited to permanency planning and placement review meetings,
10which shall include discussion of the child’s rehabilitative
11treatment needs.
122. a. The department of human services shall submit a
13waiver request to the United States department of health and
14human services as necessary to provide coverage under the
15medical assistance program for children who are described by
16both of the following:
17(1) The child needs behavioral health care services and
18qualifies for the care level provided by a psychiatric medical
19institution for children licensed under chapter 135H.
20(2) The child is in need of treatment to cure or alleviate
21serious mental illness or disorder, or emotional damage
22as evidenced by severe anxiety, depression, withdrawal, or
23untoward aggressive behavior toward self or others and whose
24parent, guardian, or custodian is unable to provide such
25treatment.
26b. The waiver request shall provide for appropriately
27addressing the needs of children described in paragraph “a” by
28implementing any of the following options: using a wraparound
29services approach, renegotiating the medical assistance program
30contract provisions for behavioral health services, or applying
31another approach for appropriately meeting the children’s
32needs.
33c. If federal approval of the waiver request is not
34received, the department shall submit options to the governor
35and general assembly to meet the needs of such children through
-426-1a state-funded program.
2 Sec. 673. Section 234.8, Code 2023, is amended to read as
3follows:
4234.8 Fees for child welfare services.
5The department of human services may charge a fee for
6child welfare services to a person liable for the cost of the
7services. The fee shall not exceed the reasonable cost of the
8services. The fee shall be based upon the person’s ability
9to pay and consideration of the fee’s impact upon the liable
10person’s family and the goals identified in the case permanency
11plan. The department may assess the liable person for the fee
12and the means of recovery shall include a setoff against an
13amount owed by a state agency to the person assessed pursuant
14to section 8A.504. In addition the department may establish
15an administrative process to recover the assessment through
16automatic income withholding. The department shall adopt
17rules pursuant to chapter 17A to implement the provisions of
18this section. This section does not apply to court-ordered
19services provided to juveniles which are a charge upon the
20state pursuant to section 232.141 and services for which the
21department has established a support obligation pursuant to
22section 234.39.
23 Sec. 674. Section 234.12, Code 2023, is amended to read as
24follows:
25234.12 Department to provide food programs.
261. The department of human services is authorized to
27 may enter into such agreements with agencies of the federal
28government as are necessary in order to make available to the
29people of this state any federal food programs which may, under
30federal laws and regulations, be implemented in this state.
31Each such program shall be implemented in every county in the
32state, or in each county where implementation is permitted by
33federal laws and regulations.
342. The provisions of the federal Personal Responsibility
35and Work Opportunity Reconciliation Act of 1996, Pub.L.
-427-1No.104-193, §115, shall not apply to an applicant for or
2recipient of food stamp supplemental nutrition assistance
3program benefits in this state. However, the department of
4human services may apply contingent eligibility requirements as
5provided under state law and allowed under federal law.
63. Upon request by the department of human services,
7the department of inspections and appeals shall conduct
8investigations into possible fraudulent practices, as described
9in section 234.13, relating to food programs administered by
10the department of human services.
11 Sec. 675. Section 234.12A, Code 2023, is amended to read as
12follows:
13234.12A Electronic benefits transfer program.
141. The department of human services shall maintain an
15electronic benefits transfer program utilizing electronic funds
16transfer systems for the food supplemental nutrition assistance
17program. The electronic benefits transfer program implemented
18under this section shall not require a retailer to make cash
19disbursements or to provide, purchase, or upgrade electronic
20funds transfer system equipment as a condition of participation
21in the program.
222. A point-of-sale terminal which is used only for purchases
23from a retailer by electronic benefits transfer utilizing
24electronic funds transfer systems is not a satellite terminal
25as defined in section 527.2.
263. For the purposes of this section, “retailer” means
27a business authorized by the United States department of
28agriculture to accept food supplemental nutrition assistance
29program benefits.
30 Sec. 676. Section 234.13, Code 2023, is amended to read as
31follows:
32234.13 Fraudulent practices relating to food programs.
33For the purposes of this section, unless the context
34otherwise requires, “benefit transfer instrument” means a
35food stamp supplemental nutrition assistance program coupon,
-428-1authorization-to-purchase card, or electronic benefits transfer
2card. A person commits a fraudulent practice if that person
3does any of the following:
41. With intent to gain financial assistance to which that
5person is not entitled, knowingly makes or causes to be made a
6false statement or representation or knowingly fails to report
7to an employee of the department of human services any change
8in income, resources or other circumstances affecting that
9person’s entitlement to such financial assistance.
102. As a beneficiary of the food programs, transfers any
11food stamp supplemental nutrition assistance program benefit
12transfer instrument to any other individual with intent that
13the benefit transfer instrument be used for the benefit of
14someone other than persons within the beneficiary’s food
15stamp supplemental nutrition assistance program household as
16certified by the department of human services.
173. Knowingly acquires, uses or attempts to use any food
18stamp supplemental nutrition assistance program benefit
19transfer instrument which was not issued for the benefit of
20that person’s food stamp supplemental nutrition assistance
21program household by the department of human services, or by an
22agency administering food programs in another state.
234. Acquires, alters, transfers, or redeems a food stamp
24 supplemental nutrition assistance benefit transfer instrument
25or possesses a benefit transfer instrument, knowing that the
26benefit transfer instrument has been received, transferred,
27or used in violation of this section or the provisions of the
28federal food stamp supplemental nutrition assistance program
29under 7 U.S.C. ch.51 or the federal regulations issued
30pursuant to that chapter.
31 Sec. 677. Section 234.14, Code 2023, is amended to read as
32follows:
33234.14 Federal grants.
34The state treasurer is hereby authorized to may receive such
35 federal funds as may be made available for carrying out any of
-429-1the activities and functions of the state division department
2under this chapter, and all such funds are hereby appropriated
3for expenditure upon authorization of the administrator
4 director.
5 Sec. 678. Section 234.21, Code 2023, is amended to read as
6follows:
7234.21 Services to be offered.
8The state division department may offer, provide to,
9or purchase family planning and birth control services to
10 for every person who is an eligible applicant or recipient
11of service services or any financial assistance from the
12department of human services, or who is receiving federal
13supplementary security income as defined in section 249.1.
14 Sec. 679. Section 234.22, Code 2023, is amended to read as
15follows:
16234.22 Extent of services.
17Such The family planning and birth control services
18may include interview interviews with trained personnel;
19distribution of literature; referral to a licensed physician
20or physician assistant for consultation, examination, tests,
21medical treatment, and prescription prescriptions; and, to
22the extent so prescribed, the distribution of rhythm charts,
23drugs, medical preparations, contraceptive devices, and similar
24products.
25 Sec. 680. Section 234.23, Code 2023, is amended to read as
26follows:
27234.23 Charge for services.
28In making provision for and offering such services, the
29state division department may charge those persons to whom
30family planning and birth control services are rendered a fee
31sufficient to reimburse the state division department all or
32any portion of the costs of the services rendered.
33 Sec. 681. Section 234.35, Code 2023, is amended to read as
34follows:
35234.35 When state to pay foster care costs.
-430- 11. The department of human services is responsible for
2paying the cost of foster care for a child, according to rates
3established pursuant to section 234.38, under any of the
4following circumstances:
5a. When a court has committed the child to the director of
6human services or the director’s designee.
7b. When a court has transferred legal custody of the child
8to the department of human services.
9c. When the department has agreed to provide foster care
10services for the child for a period of not more than ninety
11days on the basis of a signed placement agreement between the
12department and the child’s parent or guardian.
13d. When the child has been placed in emergency care for
14a period of not more than thirty days upon approval of the
15director or the director’s designee.
16e. When a court has entered an order transferring the legal
17custody of the child to a foster care placement pursuant to
18section 232.46, section 232.52, subsection 2, paragraph “d”, or
19section 232.102, subsection 1. However, payment shall not be
20made for a group foster care placement unless the group foster
21care meets requirements as established by the department by
22rule.
23f. When the department has agreed to provide foster care
24services for a child who is eighteen years of age or older
25on the basis of a signed placement agreement between the
26department and the child or the person acting on behalf of the
27child.
28g. When the department has agreed to provide foster care
29services for the child on the basis of a signed placement
30agreement initiated before July 1, 1992, between the department
31and the child’s parent or guardian.
32h. When the child is placed in shelter care pursuant to
33section 232.20, subsection 1, or section 232.21.
342. Except as provided under section 234.38 for direct
35payment of foster parents, payment for foster care costs shall
-431-1be limited to foster care providers with whom the department
2has a contract in force.
33. Payment for foster care services provided to a child
4who is eighteen years of age or older shall be limited to the
5following:
6a. Family foster care or supervised apartment living
7arrangements.
8b. For a child who is at imminent risk of becoming homeless
9or failing to graduate from high school or to obtain a general
10education development diploma, if the services are in the
11child’s best interest, funding is available for the services,
12and an appropriate alternative service is unavailable.
13 Sec. 682. Section 234.37, Code 2023, is amended to read as
14follows:
15234.37 Department may establish accounts for certain
16children.
17The department of human services is authorized to may
18 establish an account in the name of any child committed to
19the director of human services or the director’s designee, or
20whose legal custody has been transferred to the department, or
21who is voluntarily placed in foster care pursuant to section
22234.35. Any money which the child receives from the United
23States government or any private source shall be placed in the
24child’s account, unless a guardian of the child’s property has
25been appointed and demands the money, in which case it shall
26be paid to the guardian. The account shall be maintained by
27the department as trustee for the child in an interest-bearing
28account at a reputable bank or savings association, except
29that if the child is residing at an institution administered
30by the department a limited amount of the child’s funds may be
31maintained in a separate account, which need not be interest
32bearing, in the child’s name at the institution. Any money
33held in an account in the child’s name or in trust for the
34child under this section may be used, at the discretion of the
35department and subject to restrictions lawfully imposed by the
-432-1United States government or other source from which the child
2receives the funds, for the purchase of personal incidentals,
3desires and comforts of the child. All of the money held for
4a child by the department under this section and not used
5in the child’s behalf as authorized by law shall be promptly
6paid to the child or the child’s parent or legal guardian upon
7termination of the commitment of the child to the director or
8the director’s designee, or upon transfer or cessation of legal
9custody of the child by the department.
10 Sec. 683. Section 234.38, Code 2023, is amended to read as
11follows:
12234.38 Foster care reimbursement rates.
13The department of human services shall make reimbursement
14payments directly to foster parents for services provided to
15children pursuant to section 234.6, subsection 1, paragraph
16“e”, subparagraph (2), or section 234.35. In any fiscal
17year, the reimbursement rate shall be based upon sixty-five
18percent of the United States department of agriculture
19estimate of the cost to raise a child in the calendar year
20immediately preceding the fiscal year. The department may pay
21an additional stipend for a child with special needs.
22 Sec. 684. Section 234.39, Code 2023, is amended to read as
23follows:
24234.39 Responsibility for cost of services.
251. It is the intent of this chapter that an individual
26receiving foster care services and the individual’s parents or
27guardians shall have primary responsibility for paying the cost
28of the care and services. The support obligation established
29and adopted under this section shall be consistent with the
30limitations on legal liability established under sections
31222.78 and 230.15, and by any other statute limiting legal
32responsibility for support which may be imposed on a person for
33the cost of care and services provided by the department. The
34department shall notify an individual’s parents or guardians,
35at the time of the placement of an individual in foster care,
-433-1of the responsibility for paying the cost of care and services.
2Support obligations shall be established as follows:
3a. For an individual to whom section 234.35, subsection
41, is applicable, a dispositional order of the juvenile court
5requiring the provision of foster care, or an administrative
6order entered pursuant to chapter 252C, or any order
7establishing paternity and support for a child in foster care,
8shall establish, after notice and a reasonable opportunity to
9be heard is provided to a parent or guardian, the amount of
10the parent’s or guardian’s support obligation for the cost
11of foster care provided by the department. The amount of
12the parent’s or guardian’s support obligation and the amount
13of support debt accrued and accruing shall be established in
14accordance with the child support guidelines prescribed under
15section 598.21B. However, the court, or the department of
16human services in establishing support by administrative order,
17may deviate from the prescribed obligation after considering
18a recommendation by the department for expenses related to
19goals and objectives of a case permanency plan as defined
20under section 237.15, and upon written findings of fact which
21specify the reason for deviation and the prescribed guidelines
22amount. Any order for support shall direct the payment of the
23support obligation to the collection services center for the
24use of the department’s foster care recovery unit services.
25The order shall be filed with the clerk of the district court
26in which the responsible parent or guardian resides and has
27the same force and effect as a judgment when entered in the
28judgment docket and lien index. The collection services center
29shall disburse the payments pursuant to the order and record
30the disbursements. If payments are not made as ordered, the
31 child support recovery unit services may certify a default to
32the court and the court may, on its own motion, proceed under
33section 598.22 or 598.23 or the child support recovery unit
34 services may enforce the judgment as allowed by law. An order
35entered under this paragraph may be modified only in accordance
-434-1with the guidelines prescribed under section 598.21C, or under
2chapter 252H.
3b. For an individual who is served by the department of
4human services under section 234.35, and is not subject to
5a dispositional order of the juvenile court requiring the
6provision of foster care, the department shall determine the
7obligation of the individual’s parent or guardian pursuant
8to chapter 252C and in accordance with the child support
9guidelines prescribed under section 598.21B. However, the
10department may adjust the prescribed obligation for expenses
11related to goals and objectives of a case permanency plan
12as defined under section 237.15. An obligation determined
13under this paragraph may be modified only in accordance with
14conditions under section 598.21C, or under chapter 252H.
152. A person entitled to periodic support payments pursuant
16to an order or judgment entered in any action for support,
17who also is or has a child receiving foster care services, is
18deemed to have assigned to the department current and accruing
19support payments attributable to the child effective as of the
20date the child enters foster care placement, to the extent
21of expenditure of foster care funds. The department shall
22notify the clerk of the district court when a child entitled
23to support payments is receiving foster care services pursuant
24to chapter 234. Upon notification by the department that a
25child entitled to periodic support payments is receiving foster
26care services, the clerk of the district court shall make a
27notation of the automatic assignment in the judgment docket and
28lien index. The notation constitutes constructive notice of
29assignment. The clerk of court shall furnish the department
30with copies of all orders and decrees awarding support when
31the child is receiving foster care services. At the time the
32child ceases to receive foster care services, the assignment
33of support shall be automatically terminated. Unpaid support
34accrued under the assignment of support rights during the time
35that the child was in foster care remains due to the department
-435-1up to the amount of unreimbursed foster care funds expended.
2The department shall notify the clerk of court of the automatic
3termination of the assignment. Unless otherwise specified in
4the support order, an equal and proportionate share of any
5child support awarded shall be presumed to be payable on behalf
6of each child subject to the order or judgment for purposes of
7an assignment under this section.
83. The support debt for the costs of services, for which
9a support obligation is established pursuant to this section,
10which accrues prior to the establishment of the support debt,
11shall be collected, at a maximum, in the amount which is the
12amount of accrued support debt for the three months preceding
13the earlier of the following:
14a. The provision by the child support recovery unit services
15 of the initial notice to the parent or guardian of the amount
16of the support obligation.
17b. The date that the written request for a court hearing
18is received by the child support recovery unit services as
19provided in section 252C.3 or 252F.3.
204. If the department makes a subsidized guardianship
21payment for a child, the payment shall be considered a foster
22care payment for purposes of child support recovery services.
23All provisions of this and other sections, and of rules and
24orders adopted or entered pursuant to those sections, including
25for the establishment of a paternity or support order, for
26the amount of a support obligation, for the modification or
27adjustment of a support obligation, for the assignment of
28support, and for enforcement shall apply as if the child
29were receiving foster care services, or were in foster care
30placement, or as if foster care funds were being expended for
31the child. This subsection shall apply regardless of the date
32of placement in foster care or subsidized guardianship or the
33date of entry of an order, and foster care and subsidized
34guardianship shall be considered the same for purposes of child
35support recovery services.
-436-1 Sec. 685. Section 234.40, Code 2023, is amended to read as
2follows:
3234.40 Corporal punishment.
4The department of human services shall adopt rules
5prohibiting corporal punishment of foster children by foster
6parents licensed by the department. The rules shall allow
7foster parents to use reasonable physical force to restrain a
8foster child in order to prevent injury to the foster child,
9injury to others, the destruction of property, or extremely
10disruptive behavior. For the purposes of this section,
11“corporal punishment” means the intentional physical punishment
12of a foster child. A foster parent’s physical contact with
13the body of a foster child shall not be considered corporal
14punishment if the contact is reasonable and necessary under the
15circumstances and is not designed or intended to cause pain or
16if the foster parent uses reasonable force, as defined under
17section 704.1.
18 Sec. 686. Section 234.41, Code 2023, is amended to read as
19follows:
20234.41 Tort actions.
21A foster parent licensed by the department of human services
22 stands in the same relationship to the foster parent’s minor
23foster child, for purposes of tort actions by or on behalf of
24the foster child against the foster parent, as a biological
25parent to the biological parent’s minor child who resides at
26home. This section does not apply to a foster parent whose
27malicious, willful and wanton conduct causes injury or damage
28to a foster child or exposes the foster child to a danger
29caused by violation of a statute or the rules of the department
30of human services.
31 Sec. 687. Section 234.45, Code 2023, is amended to read as
32follows:
33234.45 Iowa marriage initiative grant fund.
341. An Iowa marriage initiative grant fund is established
35in the state treasury under the authority of the department
-437-1of human services. The grant fund shall consist of moneys
2appropriated to the fund and notwithstanding section 8.33 such
3moneys shall not revert to the fund from which appropriated
4at the close of the fiscal year but shall remain in the Iowa
5marriage initiative grant fund. Moneys credited to the fund
6shall be used as directed in appropriations made by the general
7assembly for funding of services to support marriage and to
8encourage the formation and maintenance of two-parent families
9that are secure and nurturing.
102. It is the intent of the general assembly to credit to the
11Iowa marriage initiative grant fund, federal moneys provided
12to the state for the express purpose of supporting marriage or
13two-parent families.
14 Sec. 688. Section 234.46, subsection 2, unnumbered
15paragraph 1, Code 2023, is amended to read as follows:
16The division department shall establish a preparation for
17adult living program directed to young adults. The purpose
18of the program is to assist persons who are leaving foster
19care and other court-ordered services at age eighteen or
20older in making the transition to self-sufficiency. The
21department shall adopt rules necessary for administration of
22the program, including but not limited to eligibility criteria
23for young adult participation and the services and other
24support available under the program. The rules shall provide
25for participation of each person who meets the definition of
26young adult on the same basis, regardless of whether federal
27financial participation is provided. The services and other
28support available under the program may include but are not
29limited to any of the following:
30 Sec. 689. Section 234.47, Code 2023, is amended to read as
31follows:
32234.47 State child care assistance and adoption subsidy
33programs — expenditure projections.
34The department of human services, the department of
35management, and the legislative services agency shall utilize
-438-1a joint process to arrive at consensus projections for
2expenditures for the state child care assistance program under
3section 237A.13 and adoption subsidy and other assistance
4provided under section 600.17.
5 Sec. 690. Section 235.1, Code 2023, is amended to read as
6follows:
7235.1 Definitions.
8As used in this chapter, unless the context otherwise
9requires:
101. “Administrator” means the same as defined in section
11234.1.
122. 1. “Child” means the same as defined in section 234.1.
133. 2. “Child welfare services” means social welfare
14services for the protection and care of children who are
15homeless, dependent or neglected, or in danger of becoming
16delinquent, or who have a mental illness or an intellectual
17disability or other developmental disability, including, when
18necessary, care and maintenance in a foster care facility.
19Child welfare services are designed to serve a child in the
20child’s home whenever possible. If not possible, and the child
21is placed outside the child’s home, the placement should be in
22the least restrictive setting available and in close proximity
23to the child’s home.
244. “State division” means the same as defined in section
25234.1.
263. “Department” means the department of health and human
27services.
284. “Director” means the director of health and human
29services.
30 Sec. 691. Section 235.2, Code 2023, is amended to read as
31follows:
32235.2 Powers and duties of state division department.
33The state division department, in addition to all other
34powers and duties given it the department by law, shall:
351. Administer and enforce the provisions of this chapter.
-439- 12. Join and cooperate with the government of the United
2States through its appropriate agency or instrumentality or
3with any other officer or agency of the federal government in
4planning, establishing, extending and strengthening public and
5private child welfare services within the state.
63. Make such investigations Investigate and to obtain such
7 information as will to permit the administrator director to
8determine the need for public child welfare services within the
9state and within the several county departments thereof.
104. Apply for and receive any funds which are or may be
11allotted to the state by the United States or any agency
12thereof of the United States for the purpose of developing
13child welfare services.
145. Make such reports and budget estimates to the governor
15and to the general assembly as are required by law or such as
16are necessary and proper to obtain the appropriation of state
17funds for child welfare services within the state and for all
18the purposes of this chapter.
196. Cooperate with the several county departments within the
20state, and all county boards of supervisors and other public
21or private agencies charged with the protection and care of
22children, in the development of child welfare services.
237. Aid in the enforcement of all laws of the state for the
24protection and care of children.
258. Cooperate with the juvenile courts of the state and with
26the other administrators and divisions of the subunits within
27the department of human services regarding the management and
28control of state institutions and the inmates thereof of the
29institutions.
30 Sec. 692. Section 235.3, Code 2023, is amended to read as
31follows:
32235.3 Powers and duties of administrator director.
33The administrator director shall:
341. Plan and supervise all public child welfare services and
35activities within the state as provided by this chapter.
-440- 12. Make such reports and obtain and furnish such information
2from time to time as may be necessary to permit cooperation by
3the state division director with the United States children’s
4bureau, the social security administration, or any other
5federal agency which is now or may hereafter be charged with
6any duty regarding child care or child welfare services.
73. Adopt rules as necessary or advisable for the supervision
8of the private child-caring agencies or their officers which
9the administrator department is empowered to license and
10supervise.
114. Supervise private institutions for the care of
12dependent, neglected, and delinquent children, and make reports
13regarding the institutions.
145. Designate and approve the private and county
15institutions within the state to which neglected, dependent,
16and delinquent children may be legally committed and to have
17supervision of, supervise the care of children committed
18thereto to these institutions, and have the right of visitation
19 to visit and inspection of said inspect these institutions at
20all times.
216. Receive and keep on file annual reports from all
22institutions to which children subject to the jurisdiction
23of the juvenile court are committed, compile statistics
24regarding juvenile delinquency, make reports regarding
25juvenile delinquency, and study prevention and cure of juvenile
26delinquency.
277. Require and receive from the clerks of the courts of
28record within the state duplicates of the findings of the
29courts upon petitions for adoption, and keep records and
30compile statistics regarding adoptions.
318. License private child-placing agencies, make reports
32regarding them the agencies, and revoke such licenses.
339. Make such rules and regulations as may be necessary
34for the distribution and use of funds appropriated for child
35welfare services.
-441-1 Sec. 693. Section 235.4, Code 2023, is amended to read as
2follows:
3235.4 Licenses.
4Licenses issued to private boarding homes for children and
5private child-placing agencies by the administrator department
6 shall remain in effect for the period for which issued, unless
7sooner revoked according to law. Thereafter each of such the
8 agencies shall apply to the administrator department for a new
9license, and shall submit to such rules regarding licensing as
10the administrator prescribes prescribed by the department.
11 Sec. 694. Section 235.7, Code 2023, is amended to read as
12follows:
13235.7 Transition committees.
141. Committees established. The department of human services
15 shall establish and maintain local transition committees to
16address the transition needs of those children receiving child
17welfare services who are age sixteen or older and have a case
18permanency plan as defined in section 232.2. The department
19shall adopt rules establishing criteria for transition
20committee membership, operating policies, and basic functions.
21The rules shall provide flexibility for a committee to adopt
22protocols and other procedures appropriate for the geographic
23area addressed by the committee.
242. Membership. The department may authorize the governance
25boards of decategorization of child welfare and juvenile
26justice funding projects established under section 232.188 to
27appoint the transition committee membership and may utilize
28the boundaries of decategorization projects to establish
29the service areas for transition committees. The committee
30membership may include but is not limited to department of
31human services staff involved with foster care, child welfare,
32and adult services, juvenile court services staff, staff
33involved with county general assistance or emergency relief
34under chapter 251 or 252, or a regional administrator of the
35county mental health and disability services region, as defined
-442-1in section 331.388, in the area, school district and area
2education agency staff involved with special education, and a
3child’s court appointed special advocate, guardian ad litem,
4service providers, and other persons knowledgeable about the
5child.
63. Duties. A transition committee shall review and approve
7the written plan of services required for the child’s case
8permanency plan in accordance with section 232.2, subsection 4,
9paragraph “g”, which, based upon an assessment of the child’s
10needs, would assist the child in preparing for the transition
11from foster care to adulthood. In addition, a transition
12committee shall identify and act to address any gaps existing
13in the services or other support available to meet the child
14and adult needs of individuals for whom service plans are
15approved.
16 Sec. 695. Section 235A.1, Code 2023, is amended to read as
17follows:
18235A.1 Child abuse prevention program.
191. a. A program for the prevention of child abuse is
20established within the state department of health and human
21services. Any moneys appropriated by the general assembly for
22child abuse prevention shall be used by the department of human
23services solely for the purposes of child abuse prevention and
24shall not be expended for treatment or other service delivery
25programs regularly maintained by the department. Moneys
26appropriated for child abuse prevention shall be used by the
27department through contract with an agency or organization
28which shall administer the funds with maximum use of voluntary
29administrative services for the following:
30(1) Matching federal funds to purchase services relating to
31community-based programs for the prevention of child abuse and
32neglect.
33(2) Funding the establishment or expansion of
34community-based prevention projects or educational programs for
35the prevention of child abuse and neglect.
-443- 1(3) To study and evaluate Studying and evaluating
2 community-based prevention projects and educational programs
3for the problems of families and children.
4b. Funds for the programs or projects shall be applied
5for and received by a community-based volunteer coalition or
6council.
72. The director of health and human services may accept
8grants, gifts, and bequests from any source for the purposes
9designated in subsection 1. The director shall remit funds so
10 received to the treasurer of state who shall deposit them the
11funds in the general fund of the state for the use of the child
12abuse prevention program.
13 Sec. 696. Section 235A.2, Code 2023, is amended to read as
14follows:
15235A.2 Child abuse prevention program fund.
161. A child abuse prevention program fund is created in
17the state treasury under the control of the department of
18health and human services. The fund is composed of moneys
19appropriated or available to and obtained or accepted by the
20treasurer of state for deposit in the fund. The fund shall
21include moneys transferred to the fund pursuant to an income
22tax checkoff provided in chapter 422, subchapter II, if
23applicable. All interest earned on moneys in the fund shall
24be credited to and remain in the fund. Section 8.33 does not
25apply to moneys in the fund.
262. Moneys in the fund that are authorized by the department
27for expenditure are appropriated, and shall be used, for the
28purposes described in section 235A.1 of preventing child abuse
29and neglect.
30 Sec. 697. NEW SECTION. 235A.3 Child abuse prevention
31program advisory committee.
32The council on health and human services shall establish a
33child abuse prevention program advisory committee to support
34the child abuse prevention program implemented in accordance
35with section 235A.1. The duties of the advisory committee
-444-1shall include all of the following:
21. Advise the director of health and human services
3regarding expenditures of funds received for the child abuse
4prevention program.
52. Review the implementation and effectiveness of
6legislation and administrative rules concerning the child abuse
7prevention program.
83. Recommend changes in legislation and administrative
9rules to the general assembly and the appropriate department
10officials.
114. Require reports from state agencies and other entities as
12necessary to perform its duties.
135. Receive and review complaints from the public concerning
14the operation and management of the child abuse prevention
15program.
166. Approve grant proposals.
17 Sec. 698. Section 235A.13, Code 2023, is amended to read as
18follows:
19235A.13 Definitions.
20 The definitions in section 232.68 are applicable to this
21subchapter unless the context otherwise requires.As used
22in chapter 232, subchapter III, part 2, and this subchapter,
23unless the context otherwise requires:
241. “Assessment data” means any of the following information
25pertaining to the department’s evaluation of a family:
26a. Identification of the strengths and needs of the child,
27and of the child’s parent, home, and family.
28b. Identification of services available from the department
29and informal and formal services and other support available in
30the community to meet identified strengths and needs.
312. “Child abuse information” means any or all of the
32following data maintained by the department in a manual or
33automated data storage system and individually identified:
34a. Report data.
35b. Assessment data.
-445- 1c. Disposition data.
23. “Confidentiality” means the withholding of information
3from any manner of communication, public or private.
44. “Department” means the department of health and human
5services.
65. “Director” means the director of health and human
7services.
86. “Disposition data” means information pertaining to
9an opinion or decision as to the occurrence of child abuse,
10including:
11a. Any intermediate or ultimate opinion or decision reached
12by assessment personnel.
13b. Any opinion or decision reached in the course of judicial
14proceedings.
15c. The present status of any case.
166. 7. “Expungement” means the process of destroying child
17abuse information.
187. 8. “Individually identified” means any report,
19assessment, or disposition data which names the person or
20persons responsible or believed responsible for the child
21abuse.
228. 9. “Multidisciplinary team” means a group of individuals
23who possess knowledge and skills related to the diagnosis,
24assessment, and disposition of child abuse cases and who are
25professionals practicing in the disciplines of medicine,
26nursing, public health, substance abuse use disorder, domestic
27violence, mental health, social work, child development,
28education, law, juvenile probation, or law enforcement, or a
29group established pursuant to section 235B.1, subsection 1.
309. 10. “Near fatality” means an injury to a child that,
31as certified by a physician or physician assistant, placed the
32child in serious or critical condition.
3310. 11. “Report data” means any of the following
34information pertaining to an assessment of an allegation of
35child abuse in which the department has determined the alleged
-446-1child abuse meets the definition of child abuse:
2a. The name and address of the child and the child’s parents
3or other persons responsible for the child’s care.
4b. The age of the child.
5c. The nature and extent of the injury, including evidence
6of any previous injury.
7d. Additional information as to the nature, extent, and
8cause of the injury, and the identity of the person or persons
9alleged to be responsible for the injury.
10e. The names and conditions of other children in the child’s
11home.
12f. A recording made of an interview conducted under chapter
13232 in association with a child abuse assessment.
14g. Any other information believed to be helpful in
15establishing the information in paragraph “d”.
1611. 12. “Sealing” means the process of removing child abuse
17information from authorized access as provided by this chapter.
18 Sec. 699. Section 235A.14, Code 2023, is amended to read as
19follows:
20235A.14 Creation and maintenance of a central registry.
211. There is created within the state department of
22human services a central registry for certain child abuse
23information. The department shall organize and staff the
24registry and adopt rules for its operation.
252. The registry shall collect, maintain and disseminate
26child abuse information as provided for by this chapter.
273. The department shall maintain a toll-free telephone
28line, which shall be available on a twenty-four hour a day
29 twenty-four-hour-a-day, seven-day a week seven-day-a-week
30 basis and which the department of humanservices and all other
31persons may use to report cases of suspected child abuse
32and that all persons authorized by this chapter may use for
33obtaining child abuse information.
344. An oral report of suspected child abuse initially made to
35the central registry shall be immediately transmitted by the
-447-1department to the appropriate county department of social human
2 services or law enforcement agency, or both.
35. The registry, upon receipt of a report of suspected
4child abuse, shall search the records of the registry, and
5if the records of the registry reveal any previous report of
6child abuse involving the same child or any other child in
7the same family, or if the records reveal any other pertinent
8information with respect to the same child or any other child
9in the same family, the appropriate office of the department of
10human services or law enforcement agency shall be immediately
11notified of that fact.
126. The central registry shall include report data and
13disposition data which is subject to placement in the central
14registry under section 232.71D. The central registry shall not
15include assessment data.
16 Sec. 700. Section 235A.15, subsection 2, paragraph b,
17subparagraphs (2) and (4), Code 2023, are amended to read as
18follows:
19(2) To an employee or agent of the department of human
20services responsible for the assessment of a child abuse
21report.
22(4) To a multidisciplinary team, or to parties to an
23interagency agreement entered into pursuant to section 280.25,
24if the department of human services approves the composition of
25the multidisciplinary team or the relevant provisions of the
26interagency agreement and determines that access to the team
27or to the parties to the interagency agreement is necessary
28to assist the department in the diagnosis, assessment, and
29disposition of a child abuse case.
30 Sec. 701. Section 235A.15, subsection 2, paragraph c,
31subparagraph (8), Code 2023, is amended to read as follows:
32(8) To an administrator of an agency certified by the
33department of human services to provide services under a
34medical assistance home and community-based services waiver,
35if the data concerns a person employed by or being considered
-448-1by the agency for employment.
2 Sec. 702. Section 235A.15, subsection 2, paragraph e,
3subparagraphs (6), (8), and (12), Code 2023, are amended to
4read as follows:
5(6) To the attorney for the department of human services who
6is responsible for representing the department.
7(8) To an employee or agent of the department of human
8services regarding a person who is providing child care if the
9person is not registered or licensed to operate a child care
10facility.
11(12) To the department of human services for a record check
12relating to employment or residence pursuant to section 218.13.
13 Sec. 703. Section 235A.15, subsection 7, Code 2023, is
14amended to read as follows:
157. If the director of human services receives a written
16request for information regarding a specific case of child
17abuse involving a fatality or near fatality to a child from the
18majority or minority leader of the senate or the speaker or the
19minority leader of the house of representatives, the director
20or the director’s designee shall arrange for a confidential
21meeting with the requestor or the requestor’s designee. In the
22confidential meeting the director or the director’s designee
23shall share all pertinent information concerning the case,
24including but not limited to child abuse information. Any
25written document distributed by the director or the director’s
26designee at the confidential meeting shall not be removed
27from the meeting and a participant in the meeting shall be
28subject to the restriction on redissemination of confidential
29information applicable to a person under section 235A.17,
30subsection 3, for confidential information disclosed to the
31participant at the meeting. A participant in the meeting
32may issue a report to the governor or make general public
33statements concerning the department’s handling of the case of
34child abuse.
35 Sec. 704. Section 235A.15, subsection 9, unnumbered
-449-1paragraph 1, Code 2023, is amended to read as follows:
2If, apart from a request made pursuant to subsection 7
3or 8, the department receives from a member of the public a
4request for information relating to a case of founded child
5abuse involving a fatality or near fatality to a child, the
6response to the request shall be made in accordance with this
7subsection and subsections 10 and 11. If the request is
8received before or during performance of an assessment of the
9case in accordance with section 232.71B, the director of human
10services or the director’s designee shall initially disclose
11whether or not the assessment will be or is being performed.
12Otherwise, within five business days of receiving the request
13or completing the assessment, whichever is later, the director
14of human services or the director’s designee shall consult
15with the county attorney responsible for prosecution of any
16alleged perpetrator of the fatality or near fatality and shall
17disclose information, including but not limited to child abuse
18information, relating to the case, except for the following:
19 Sec. 705. Section 235A.15, subsection 10, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21The information released by the director of human services
22 or the director’s designee pursuant to a request made under
23subsection 9 relating to a case of founded child abuse
24involving a fatality or near fatality to a child shall include
25all of the following, unless such information is excepted from
26disclosure under subsection 9:
27 Sec. 706. Section 235A.15, subsection 11, paragraph b, Code
282023, is amended to read as follows:
29b. If release of social services information in addition to
30that released under subsection 10, paragraph “c”, is believed
31to be in the public’s interest and right to know, the director
32of human services or the director’s designee may apply to
33the court under section 235A.24 requesting a review of the
34information proposed for release and an order authorizing
35release of the information. A release of information that
-450-1would otherwise be confidential under section 217.30 concerning
2social services provided to the child or the child’s family
3shall not include information concerning financial or medical
4assistance provided to the child or the child’s family.
5 Sec. 707. Section 235A.15, subsection 12, Code 2023, is
6amended to read as follows:
712. If an individual who is the subject of a child abuse
8report listed in subsection 2, paragraph “a”, or another party
9involved in an assessment under section 232.71B releases
10in a public forum or to the media information concerning a
11case of child abuse including but not limited to child abuse
12information which would otherwise be confidential, the director
13of human services, or the director’s designee, may respond
14with relevant information concerning the case of child abuse
15that was the subject of the release. Prior to releasing the
16response, the director or the director’s designee shall consult
17with the child’s parent or guardian, or the child’s guardian ad
18litem, and apply to the court under section 235A.24 requesting
19a review of the information proposed for release and an order
20authorizing release of the information.
21 Sec. 708. Section 235A.16, subsection 3, Code 2023, is
22amended to read as follows:
233. Subsections 1 and 2 do not apply to child abuse
24information that is disseminated to an employee of the
25department of human services, to a juvenile court, or to the
26attorney representing the department as authorized by section
27235A.15.
28 Sec. 709. Section 235A.17, subsection 2, Code 2023, is
29amended to read as follows:
302. The department of human services may notify orally the
31mandatory reporter in an individual child abuse case of the
32results of the case assessment and of the confidentiality
33provisions of sections 235A.15 and 235A.21. The department
34shall subsequently transmit a written notice to the mandatory
35reporter of the results and confidentiality provisions. If
-451-1the report data and disposition data have been placed in the
2registry as founded child abuse pursuant to section 232.71D, a
3copy of the written notice shall be transmitted to the registry
4and shall be maintained by the registry as provided in section
5235A.18. Otherwise, a copy of the written notice shall be
6retained by the department with the case file.
7 Sec. 710. Section 235A.17, subsection 3, paragraph b,
8subparagraph (1), Code 2023, is amended to read as follows:
9(1) Department of human services information described in
10section 217.30, subsection 2.
11 Sec. 711. Section 235A.18, subsection 3, Code 2023, is
12amended to read as follows:
133. The department of human services shall adopt rules
14establishing the period of time child abuse information which
15is not maintained in the central registry is retained by the
16department.
17 Sec. 712. Section 235A.22, Code 2023, is amended to read as
18follows:
19235A.22 Education program.
20The department of human services shall require an
21educational program for employees of the department with access
22to child abuse information on the proper use and control of
23child abuse information.
24 Sec. 713. Section 235A.23, subsection 1, Code 2023, is
25amended to read as follows:
261. The department of human services may compile statistics,
27conduct research, and issue reports on child abuse, provided
28identifying details of the subject of child abuse reports are
29deleted from any report issued.
30 Sec. 714. Section 235A.24, subsection 1, paragraph b, Code
312023, is amended to read as follows:
32b. The director of human services or the director’s
33designee may apply, if the conditions under section 235A.15,
34subsection 11 or 12, are met, to the court requesting a
35review of confidential information proposed for release and an
-452-1order authorizing the release of information. A release of
2information that would otherwise be confidential under section
3217.30 concerning social services provided to the child or
4the child’s family shall not include information concerning
5financial or medical assistance provided to the child or the
6child’s family.
7 Sec. 715. Section 235B.1, subsection 4, Code 2023, is
8amended to read as follows:
94. a. The establishment of a dependent adult protective
10advisory council. The advisory council shall do all of the
11following:
12(1) Advise the director of human services, the director
13of the department on aging, the director of inspections and
14appeals, and the director of public health, the director of the
15department of corrections, and the director of human rights
16 regarding dependent adult abuse.
17(2) Evaluate state law and rules and make recommendations
18to the general assembly and to executive branch departments
19regarding laws and rules concerning dependent adults.
20(3) Receive and review recommendations and complaints from
21the public, health care facilities, and health care programs
22concerning the dependent adult abuse services program.
23b. (1) The advisory council shall consist of twelve
24members. Eight members shall be appointed by and serve at
25the pleasure of the governor. Four of the members appointed
26shall be appointed on the basis of knowledge and skill related
27to expertise in the area of dependent adult abuse including
28professionals practicing in the disciplines of medicine, public
29health, mental health, long-term care, social work, law,
30and law enforcement. Two of the members appointed shall be
31members of the general public with an interest in the area of
32dependent adult abuse and two of the members appointed shall
33be members of the Iowa caregivers association. In addition,
34the membership of the council shall include the director or the
35director’s designee of the department of human services, the
-453-1department on aging, the Iowa department of public health, and
2the department of inspections and appeals.
3(2) The members of the advisory council shall be appointed
4to terms of four years beginning May 1. Appointments shall
5comply with sections 69.16 and 69.16A. Vacancies shall be
6filled in the same manner as the original appointment.
7(3) Members shall receive actual expenses incurred while
8serving in their official capacity.
9(4) The advisory council shall select a chairperson,
10annually, from its membership.
11 Sec. 716. Section 235B.2, Code 2023, is amended to read as
12follows:
13235B.2 Definitions.
14As used in this chapter, unless the context otherwise
15requires:
161. “Caretaker” means a related or nonrelated person who
17has the responsibility for the protection, care, or custody of
18a dependent adult as a result of assuming the responsibility
19voluntarily, by contract, through employment, or by order of
20the court.
212. “Court” means the district court.
223. “Department” means the department of health and human
23services.
244. “Dependent adult” means a person eighteen years of age or
25older who is unable to protect the person’s own interests or
26unable to adequately perform or obtain services necessary to
27meet essential human needs, as a result of a physical or mental
28condition which requires assistance from another, or as defined
29by departmental rule.
305. a. “Dependent adult abuse” means:
31(1) Any of the following as a result of the willful or
32negligent acts or omissions of a caretaker:
33(a) Physical injury to, or injury which is at a variance
34with the history given of the injury, or unreasonable
35confinement, unreasonable punishment, or assault of a dependent
-454-1adult.
2(b) The commission of a sexual offense under chapter 709 or
3section 726.2 with or against a dependent adult.
4(c) Exploitation of a dependent adult which means the act
5or process of taking unfair advantage of a dependent adult
6or the adult’s physical or financial resources, without the
7informed consent of the dependent adult, including theft, by
8the use of undue influence, harassment, duress, deception,
9false representation, or false pretenses.
10(d) The deprivation of the minimum food, shelter, clothing,
11supervision, physical or mental health care, or other care
12necessary to maintain a dependent adult’s life or health.
13(2) The deprivation of the minimum food, shelter, clothing,
14supervision, physical or mental health care, and other care
15necessary to maintain a dependent adult’s life or health as a
16result of the acts or omissions of the dependent adult.
17(3) (a) Sexual exploitation of a dependent adult by a
18caretaker.
19(b) “Sexual exploitation” means any consensual or
20nonconsensual sexual conduct with a dependent adult which
21includes but is not limited to kissing; touching of the clothed
22or unclothed inner thigh, breast, groin, buttock, anus, pubes,
23or genitals; or a sex act, as defined in section 702.17.
24“Sexual exploitation” includes the transmission, display, taking
25of electronic images of the unclothed breast, groin, buttock,
26anus, pubes, or genitals of a dependent adult by a caretaker
27for a purpose not related to treatment or diagnosis or as
28part of an ongoing assessment, evaluation, or investigation.
29Sexual exploitation does not include touching which is part
30of a necessary examination, treatment, or care by a caretaker
31acting within the scope of the practice or employment of the
32caretaker; the exchange of a brief touch or hug between the
33dependent adult and a caretaker for the purpose of reassurance,
34comfort, or casual friendship; or touching between spouses.
35(4) (a) Personal degradation of a dependent adult by a
-455-1caretaker.
2(b) (i) “Personal degradation” means a willful act or
3statement by a caretaker intended to shame, degrade, humiliate,
4or otherwise harm the personal dignity of a dependent adult, or
5where the caretaker knew or reasonably should have known the
6act or statement would cause shame, degradation, humiliation,
7or harm to the personal dignity of a reasonable person.
8“Personal degradation” includes the taking, transmission,
9or display of an electronic image of a dependent adult by a
10caretaker, where the caretaker’s actions constitute a willful
11act or statement intended to shame, degrade, humiliate, or
12otherwise harm the personal dignity of the dependent adult, or
13where the caretaker knew or reasonably should have known the
14act would cause shame, degradation, humiliation, or harm to the
15personal dignity of a reasonable person.
16(ii) “Personal degradation” does not include any of the
17following:
18(A) The taking, transmission, or display of an electronic
19image of a dependent adult for the purpose of reporting
20dependent adult abuse to law enforcement, the department,
21or any other regulatory agency that oversees caretakers or
22enforces abuse or neglect provisions, or for the purpose of
23treatment or diagnosis or as part of an ongoing investigation.
24(B) The taking, transmission, or display of an electronic
25image by a caretaker who takes, transmits, or displays the
26electronic image in accordance with the confidentiality policy
27and release of information or consent policies of a contractor,
28employer, or facility or program not covered under section
29235E.1, subsection 5, paragraph “a”, subparagraph (3).
30(C) A statement by a caretaker who is the spouse of a
31dependent adult that is not intended to shame, degrade,
32humiliate, or otherwise harm the personal dignity of the
33dependent adult spouse.
34b. “Dependent adult abuse” does not include any of the
35following:
-456- 1(1) Circumstances in which the dependent adult declines
2medical treatment if the dependent adult holds a belief or is
3an adherent of a religion whose tenets and practices call for
4reliance on spiritual means in place of reliance on medical
5treatment.
6(2) Circumstances in which the dependent adult’s caretaker,
7acting in accordance with the dependent adult’s stated or
8implied consent, declines medical treatment if the dependent
9adult holds a belief or is an adherent of a religion whose
10tenets and practices call for reliance on spiritual means in
11place of reliance on medical treatment.
12(3) The withholding or withdrawing of health care from
13a dependent adult who is terminally ill in the opinion of a
14licensed physician, when the withholding or withdrawing of
15health care is done at the request of the dependent adult or at
16the request of the dependent adult’s next of kin, attorney in
17fact, or guardian pursuant to the applicable procedures under
18chapter 125, 144A, 144B, 222, 229, or 633.
196. “Director” means the director of health and human
20services.
217. “Emergency shelter services” means and includes, but is
22not limited to, secure crisis shelters or housing for victims
23of dependent adult abuse.
247. 8. “Family or household member” means a spouse, a person
25cohabiting with the dependent adult, a parent, or a person
26related to the dependent adult by consanguinity or affinity,
27but does not include children of the dependent adult who are
28less than eighteen years of age.
298. 9. “Immediate danger to health or safety” means a
30situation in which death or severe bodily injury could
31reasonably be expected to occur without intervention.
329. 10. “Individual employed as an outreach person” means a
33natural person who, in the course of employment, makes regular
34contacts with dependent adults regarding available community
35resources.
-457- 110. 11. “Legal holiday” means a legal public holiday as
2defined in section 1C.1.
311. 12. “Person” means person as defined in section 4.1.
412. 13. “Recklessly” means that a person acts or fails to
5act with respect to a material element of a public offense,
6when the person is aware of and consciously disregards a
7substantial and unjustifiable risk that the material element
8exists or will result from the act or omission. The risk must
9be of such a nature and degree that disregard of the risk
10constitutes a gross deviation from the standard conduct that a
11reasonable person would observe in the situation.
1213. 14. “Serious injury” means the same as defined in
13section 702.18.
1414. 15. “Support services” includes but is not limited
15to community-based services including area agency on aging
16assistance, mental health services, fiscal management, home
17health services, housing-related services, counseling services,
18transportation services, adult day services, respite services,
19legal services, and advocacy services.
20 Sec. 717. Section 235B.3, Code 2023, is amended to read as
21follows:
22235B.3 Dependent adult abuse reports.
231. a. (1) The department shall receive dependent adult
24abuse reports and shall collect, maintain, and disseminate the
25reports by establishing a central registry for dependent adult
26abuse information. The department shall evaluate the reports
27expeditiously.
28(2) However, the department of inspections and appeals
29is solely responsible for the evaluation and disposition of
30dependent adult abuse cases within facilities and programs
31pursuant to chapter 235E and shall inform the department of
32human services of such evaluations and dispositions pursuant
33to section 235E.2.
34(3) If, in the course of an assessment or evaluation
35of a report of dependent adult abuse, the department of
-458-1human services or the department of inspections and appeals
2determines the case involves wages, workplace safety, or other
3labor and employment matters under the jurisdiction of the
4division of labor services of the department of workforce
5development, the relevant portions of the case shall be
6referred to the division.
7(4) If, in the course of an assessment or evaluation
8of a report of dependent adult abuse, the department of
9human services or the department of inspections and appeals
10determines that the case involves discrimination under the
11jurisdiction of the civil rights commission, the relevant
12portions of the case shall be referred to the commission.
13b. Reports of dependent adult abuse which is the result
14of the acts or omissions of the dependent adult shall be
15collected and maintained in the files of the dependent adult
16as assessments only and shall not be included in the central
17registry.
18c. A report of dependent adult abuse that meets the
19definition of dependent adult abuse under section 235B.2,
20subsection 5, paragraph “a”, subparagraph (1), subparagraph
21division (a) or (d), or section 235B.2, subsection 5, paragraph
22“a”, subparagraph (4), which the department determines is
23minor, isolated, and unlikely to reoccur shall be collected
24and maintained by the department as an assessment only for
25a five-year period and shall not be included in the central
26registry and shall not be considered to be founded dependent
27adult abuse. However, a subsequent report of dependent adult
28abuse that meets the definition of dependent adult abuse under
29section 235B.2, subsection 5, paragraph “a”, subparagraph
30(1), subparagraph division (a) or (d), or section 235B.2,
31subsection 5, paragraph “a”, subparagraph (4), that occurs
32within the five-year period and that is committed by the
33caretaker responsible for the act or omission which was the
34subject of the previous report of dependent adult abuse which
35the department determined was minor, isolated, and unlikely to
-459-1reoccur shall not be considered minor, isolated, and unlikely
2to reoccur.
32. A person who, in the course of employment, examines,
4attends, counsels, or treats a dependent adult and reasonably
5believes the dependent adult has suffered abuse, shall report
6the suspected dependent adult abuse to the department. Persons
7required to report include all of the following:
8a. A member of the staff of a community mental health
9center.
10b. A peace officer.
11c. An in-home homemaker-home health aide.
12d. An individual employed as an outreach person.
13e. A health practitioner, as defined in section 232.68.
14f. A member of the staff or an employee of a supported
15community living service, sheltered workshop, or work activity
16center.
17g. A social worker.
18h. A certified psychologist.
19i. A massage therapist licensed pursuant to chapter 152C.
203. a. If a staff member or employee is required to report
21pursuant to this section, the person shall immediately notify
22the department and shall also immediately notify the person in
23charge or the person’s designated agent.
24b. The employer or supervisor of a person who is required to
25or may make a report pursuant to this section shall not apply a
26policy, work rule, or other requirement that interferes with
27the person making a report of dependent adult abuse or that
28results in the failure of another person to make the report.
294. An employee of a financial institution may report
30suspected financial exploitation of a dependent adult to the
31department.
325. Any other person who believes that a dependent adult has
33suffered abuse may report the suspected abuse to the department
34of human services.
356. Following the reporting of suspected dependent adult
-460-1abuse, the department of human services or an agency approved
2by the department shall complete an assessment of necessary
3services and shall make appropriate referrals for receipt of
4these services. The assessment shall include interviews with
5the dependent adult, and, if appropriate, with the alleged
6perpetrator of the dependent adult abuse and with any person
7believed to have knowledge of the circumstances of the case.
8The department may provide necessary protective services and
9may establish a sliding fee schedule for those persons able to
10pay a portion of the protective services.
117. Upon a showing of probable cause that a dependent
12adult has been abused, a court may authorize a person, also
13authorized by the department, to make an evaluation, to enter
14the residence of, and to examine the dependent adult. Upon
15a showing of probable cause that a dependent adult has been
16financially exploited, a court may authorize a person, also
17authorized by the department, to make an evaluation, and to
18gain access to the financial records of the dependent adult.
198. If the department determines that disclosure is
20necessary for the protection of a dependent adult, the
21department may disclose to a subject of a dependent adult abuse
22report referred to in section 235B.6, subsection 2, paragraph
23“a”, that an individual is listed in the child or dependent
24adult abuse registry or is required to register with the sex
25offender registry in accordance with chapter 692A.
269. If, in the course of assessment, evaluation, or
27investigation of a report of dependent adult abuse, the
28department determines that disclosure is necessary for the
29protection of a dependent adult’s resources, the department
30may disclose the initiation and status of the dependent
31adult abuse evaluation to the dependent adult’s bank, savings
32association, credit union, broker-dealer as defined in section
33502.102, subsection 4, investment advisor as defined in section
34502.102, subsection 15, financial advisor, or other financial
35institution, or the administrator as defined in section
-461-1502.102, subsection 1.
210. The department shall inform the appropriate county
3attorneys of any reports of dependent adult abuse. The
4department may request information from any person believed
5to have knowledge of a case of dependent adult abuse. The
6person, including but not limited to a county attorney, a law
7enforcement agency, a multidisciplinary team, a social services
8agency in the state, or any person who is required pursuant
9to subsection 2 to report dependent adult abuse, whether or
10not the person made the specific dependent adult abuse report,
11shall cooperate and assist in the evaluation upon the request
12of the department. If the department’s assessment reveals
13that dependent adult abuse exists which might constitute a
14criminal offense, a report shall be made to the appropriate
15law enforcement agency. County attorneys and appropriate law
16enforcement agencies shall also take any other lawful action
17necessary or advisable for the protection of the dependent
18adult.
19a. If, upon completion of the evaluation or upon referral
20from the department of inspections and appeals, the department
21determines that the best interests of the dependent adult
22require court action, the department shall initiate action for
23the appointment of a guardian or conservator or for admission
24or commitment to an appropriate institution or facility
25pursuant to the applicable procedures under chapter 125, 222,
26229, or 633, or shall pursue other remedies provided by law.
27The appropriate county attorney shall assist the department in
28the preparation of the necessary papers to initiate the action
29and shall appear and represent the department at all district
30court proceedings.
31b. The department shall assist the court during all stages
32of court proceedings involving a suspected case of dependent
33adult abuse.
34c. In every case involving abuse which is substantiated
35by the department and which results in a judicial proceeding
-462-1on behalf of the dependent adult, legal counsel shall be
2appointed by the court to represent the dependent adult in
3the proceedings. The court may also appoint a guardian ad
4litem to represent the dependent adult if necessary to protect
5the dependent adult’s best interests. The same attorney may
6be appointed to serve both as legal counsel and as guardian
7ad litem. Before legal counsel or a guardian ad litem is
8appointed pursuant to this section, the court shall require
9the dependent adult and any person legally responsible for
10the support of the dependent adult to complete under oath
11a detailed financial statement. If, on the basis of that
12financial statement, the court deems that the dependent adult
13or the legally responsible person is able to bear all or a
14portion of the cost of the legal counsel or guardian ad litem,
15the court shall so order. In cases where the dependent adult
16or the legally responsible person is unable to bear the cost
17of the legal counsel or guardian ad litem, the expense shall
18be paid by the county.
1911. A person participating in good faith in reporting or
20cooperating with or assisting the department in evaluating a
21case of dependent adult abuse has immunity from liability,
22civil or criminal, which might otherwise be incurred or
23imposed based upon the act of making the report or giving the
24assistance. The person has the same immunity with respect to
25participating in good faith in a judicial proceeding resulting
26from the report or cooperation or assistance or relating to the
27subject matter of the report, cooperation, or assistance.
2812. It shall be unlawful for any person or employer
29to discharge, suspend, or otherwise discipline a person
30required to report or voluntarily reporting an instance of
31suspected dependent adult abuse pursuant to subsection 2 or
325, or cooperating with, or assisting the department of human
33services in evaluating a case of dependent adult abuse, or
34participating in judicial proceedings relating to the reporting
35or cooperation or assistance based solely upon the person’s
-463-1reporting or assistance relative to the instance of dependent
2adult abuse. A person or employer found in violation of this
3subsection is guilty of a simple misdemeanor.
413. A person required by this section to report a suspected
5case of dependent adult abuse who knowingly and willfully fails
6to do so commits a simple misdemeanor. A person required by
7this section to report a suspected case of dependent adult
8abuse who knowingly fails to do so or who knowingly, in
9violation of subsection 3, interferes with the making of such a
10report or applies a requirement that results in such a failure
11is civilly liable for the damages proximately caused by the
12failure.
1314. The department of inspections and appeals shall adopt
14rules which require facilities or programs to separate an
15alleged dependent adult abuser from a victim following an
16allegation of perpetration of abuse and prior to the completion
17of an investigation of the allegation.
18 Sec. 718. Section 235B.5, Code 2023, is amended to read as
19follows:
20235B.5 Creation and maintenance of a central registry.
211. There is created within the department a central registry
22for dependent adult abuse information. The department shall
23organize and staff the registry and adopt rules for its
24operation.
252. The registry shall collect, maintain, and disseminate
26dependent adult abuse information as provided in this chapter.
273. The department shall maintain a toll-free telephone
28line, which shall be available on a twenty-four-hour-a-day,
29seven-day-a-week basis and which the department and all other
30persons may use to report cases of suspected dependent adult
31abuse and that all persons authorized by this chapter may use
32for obtaining dependent adult abuse information.
334. An oral report of suspected dependent adult abuse
34initially made to the central registry shall be immediately
35transmitted by the department to the appropriate county
-464-1department of human services or law enforcement agency, or
2both.
35. An oral report of suspected dependent adult abuse
4initially made to the central registry regarding a facility or
5program as defined in section 235E.1 shall be transmitted by
6the department to the department of inspections and appeals on
7the first working day following the submitting of the report.
86. The registry, upon receipt of a report of suspected
9dependent adult abuse, shall search the records of the
10registry, and if the records of the registry reveal any
11previous report of dependent adult abuse involving the same
12adult or if the records reveal any other pertinent information
13with respect to the same adult, the appropriate office of the
14 department of human services or the appropriate law enforcement
15agency shall be immediately notified of that fact.
167. The central registry shall include but not be limited to
17report data, investigation data, and disposition data.
18 Sec. 719. Section 235B.6, Code 2023, is amended to read as
19follows:
20235B.6 Authorized access.
211. Notwithstanding chapter 22, the confidentiality of all
22dependent adult abuse information shall be maintained, except
23as specifically provided by subsections 2 and 3.
242. Access to dependent adult abuse information other than
25unfounded dependent adult abuse information is authorized only
26to the following persons:
27a. A subject of a report including all of the following:
28(1) To an adult named in a report as a victim of abuse or to
29the adult’s attorney or guardian ad litem.
30(2) To a guardian or legal custodian, or that person’s
31attorney, of an adult named in a report as a victim of abuse.
32(3) To the person or the attorney for the person named in a
33report as having abused an adult.
34b. A person involved in an investigation of dependent adult
35abuse including all of the following:
-465- 1(1) A health practitioner or mental health professional
2who is examining, attending, or treating an adult whom such
3practitioner or professional believes or has reason to believe
4has been the victim of abuse or to a health practitioner or
5mental health professional whose consultation with respect to
6an adult believed to have been the victim of abuse is requested
7by the department.
8(2) An employee or agent of the department responsible for
9the investigation of a dependent adult abuse report or for the
10purpose of performing record checks as required under section
11135C.33.
12(3) A representative of the department involved in the
13certification or accreditation of an agency or program
14providing care or services to a dependent adult believed to
15have been a victim of abuse.
16(4) A law enforcement officer responsible for assisting in
17an investigation of a dependent adult abuse allegation.
18(5) A multidisciplinary team, if the department of human
19services approves the composition of the multidisciplinary team
20and determines that access to the team is necessary to assist
21the department in the investigation, diagnosis, assessment, and
22disposition of a case of dependent adult abuse.
23(6) The mandatory reporter who reported the dependent adult
24abuse in an individual case.
25(7) Each board specified under chapter 147 and the Iowa
26 department of public health for the purpose of licensure,
27certification or registration, disciplinary investigation, or
28the renewal of licensure, certification or registration, or
29disciplinary proceedings of health care professionals.
30c. A person providing care to an adult including all of the
31following:
32(1) A licensing authority for a facility, including a
33facility or program defined in section 235E.1, providing care
34to an adult named in a report.
35(2) A person authorized as responsible for the care or
-466-1supervision of an adult named in a report as a victim of abuse
2or a person named in a report as having abused an adult if
3the court or registry deems access to dependent adult abuse
4information by such person to be necessary.
5(3) An employee or agent of the department responsible
6for registering or licensing or approving the registration or
7licensing of a person, or to an individual providing care to an
8adult and regulated by the department.
9(4) The legally authorized protection and advocacy agency
10recognized pursuant to section 135C.2 if a person identified in
11the information as a victim or a perpetrator of abuse resided
12in or receives services from a facility, including a facility
13or program defined in section 235E.1, or agency because the
14person is diagnosed as having a developmental disability or a
15mental illness.
16(5) To an administrator of an agency certified by the
17department of human services to provide services under a
18medical assistance home and community-based services waiver,
19if the information concerns a person employed by or being
20considered by the agency for employment.
21(6) To the administrator of an agency providing mental
22health, intellectual disability, or developmental disability
23services under a regional service system management plan
24implemented in accordance with section 331.393, if the
25information concerns a person employed by or being considered
26by the agency for employment.
27(7) To an administrator of a hospital licensed under chapter
28135B if the data concerns a person employed or being considered
29for employment by the hospital.
30(8) An employee of an agency requested by the department
31to provide case management or other services to the dependent
32adult.
33d. Relating to judicial and administrative proceedings,
34persons including all of the following:
35(1) A court upon a finding that information is necessary
-467-1for the resolution of an issue arising in any phase of a case
2involving dependent adult abuse.
3(2) A court or agency hearing an appeal for correction
4of dependent adult abuse information as provided in section
5235B.10.
6(3) An expert witness or a witness who testifies at any
7stage of an appeal necessary for correction of dependent adult
8abuse information as provided in section 235B.10.
9(4) A court or administrative agency making a determination
10regarding an unemployment compensation claim pursuant to
11section 96.6.
12(5) To a juvenile court involved in an adjudication or
13disposition of a child that is the subject of a guardianship
14proceeding under chapter 232D.
15(6) To a district court upon a finding that data is
16necessary for the resolution of an issue arising in any phase
17of a case involving proceedings for a child guardianship under
18chapter 232D.
19e. Other persons including all of the following:
20(1) A person conducting bona fide research on dependent
21adult abuse, but without information identifying individuals
22named in a dependent adult abuse report, unless having that
23information open to review is essential to the research or
24evaluation and the authorized registry officials give prior
25written approval and the adult, the adult’s guardian or
26guardian ad litem, and the person named in a report as having
27abused an adult give permission to release the information.
28(2) Registry or department personnel when necessary to the
29performance of their official duties or a person or agency
30under contract with the department to carry out official duties
31and functions of the registry.
32(3) The department of justice for the sole purpose of the
33filing of a claim for reparation pursuant to sections 915.21
34and 915.84.
35(4) A legally constituted adult protection agency of
-468-1another state which is investigating or treating an adult named
2in a report as having been abused.
3(5) The office of the attorney general.
4(6) A health care facility administrator or the
5administrator’s designee, following the appeals process, for
6the purpose of hiring staff or continued employment of staff.
7(7) To the administrator of an agency providing care to a
8dependent adult in another state, for the purpose of performing
9an employment background check.
10(8) To the superintendent, or the superintendent’s
11designee, of a school district or to the authorities in charge
12of an accredited nonpublic school for purposes of a volunteer
13or employment record check.
14(9) The department of inspections and appeals for purposes
15of record checks of applicants for employment with the
16department of inspections and appeals.
17(10) The state or a local long-term care ombudsman if the
18victim resides in or the alleged perpetrator is an employee of
19a long-term care facility as defined in section 231.4.
20(11) The state office or local office of public guardian as
21defined in section 231E.3, if the information relates to the
22provision of legal services for a client served by the state or
23local office of public guardian.
24(12) A nursing program that is approved by the state board
25of nursing under section 152.5, if the information relates to a
26record check performed pursuant to section 152.5A.
27(13) To the board of educational examiners created under
28chapter 272 for purposes of determining whether a license,
29certificate, or authorization should be issued, denied, or
30revoked.
31(14) The department on aging for the purposes of conducting
32background checks of applicants for employment with the
33department on aging.
34(15) To the Iowa veterans home for purposes of record checks
35of potential volunteers and volunteers in the Iowa veterans
-469-1home.
2(16) To the administrator of a certified nurse aide program,
3if the data relates to a record check of a student of the
4program performed pursuant to section 135C.33.
5(17) To the administrator of a juvenile detention or shelter
6care home, if the data relates to a record check of an existing
7or prospective employee, resident, or volunteer for or in the
8home.
9(18) To the employer or prospective employer of a school bus
10driver for purposes of an employment record check.
11(19) To a free clinic as defined in section 135.24A for
12purposes of record checks of potential volunteers and existing
13volunteers at the free clinic.
14(20) To a bank, savings association, credit union,
15broker-dealer as defined in section 502.102, subsection 4,
16investment advisor as defined in section 502.102, subsection
1715, financial advisor, or other financial institution as deemed
18necessary by the department to protect the dependent adult’s
19resources.
20(21) To the social security administration.
21(22) To the administrator as defined in section 502.102,
22subsection 1.
23f. To a person who submits written authorization from
24an individual allowing the person access to information on
25the determination only on whether or not the individual who
26authorized the access is named in a founded dependent adult
27abuse report as having abused a dependent adult.
283. Access to unfounded dependent adult abuse information is
29authorized only to those persons identified in subsection 2,
30paragraph “a”, paragraph “b”, subparagraphs (2), (5), and (6),
31and paragraph “e”, subparagraphs (2), (5), (10), (20), (21), and
32(22).
33 Sec. 720. Section 235B.16, Code 2023, is amended to read as
34follows:
35235B.16 Information, education, and training requirements.
-470- 11. The department on aging, in cooperation with the
2department, shall conduct a public information and education
3program. The elements and goals of the program include but are
4not limited to:
5a. Informing the public regarding the laws governing
6dependent adult abuse and the reporting requirements for
7dependent adult abuse.
8b. Providing caretakers with information regarding services
9to alleviate the emotional, psychological, physical, or
10financial stress associated with the caretaker and dependent
11adult relationship.
12c. Affecting public attitudes regarding the role of a
13dependent adult in society.
142. The department, in cooperation with the department on
15aging and the department of inspections and appeals, shall
16institute a program of education and training for persons,
17including members of provider groups and family members, who
18may come in contact with dependent adult abuse. The program
19shall include but is not limited to instruction regarding
20recognition of dependent adult abuse and the procedure for the
21reporting of suspected abuse.
223. The content of the continuing education required
23pursuant to chapter 272C for a licensed professional providing
24care or service to a dependent adult shall include, but is
25not limited to, the responsibilities, obligations, powers,
26and duties of a person regarding the reporting of suspected
27dependent adult abuse, and training to aid the professional in
28identifying instances of dependent adult abuse.
294. The department of inspections and appeals shall provide
30training to investigators regarding the collection and
31preservation of evidence in the case of suspected dependent
32adult abuse.
335. a. For the purposes of this subsection, “licensing
34board” means a board designated in section 147.13, the board of
35educational examiners created in section 272.2, or a licensing
-471-1board as defined in section 272C.1.
2b. A person required to report cases of dependent adult
3abuse pursuant to sections 235B.3 and 235E.2, other than a
4physician whose professional practice does not regularly
5involve providing primary health care to adults, shall
6complete two hours of training relating to the identification
7and reporting of dependent adult abuse within six months of
8initial employment or self-employment which involves the
9examination, attending, counseling, or treatment of adults
10on a regular basis. Within one month of initial employment
11or self-employment, the person shall obtain a statement of
12the abuse reporting requirements from the person’s employer
13or, if self-employed, from the department. The person shall
14complete at least two hours of additional dependent adult abuse
15identification and reporting training every three years. If
16the person completes at least one hour of additional dependent
17adult abuse identification and reporting training prior to the
18three-year expiration period, the person shall be deemed in
19compliance with the training requirements of this section for
20an additional three years.
21c. The core training curriculum relating to the
22identification and reporting of dependent adult abuse, as
23provided in paragraph “b”, shall be developed by the department
24pursuant to subsection 2 and provided by the department.
25d. An employer of a person required to report cases
26of dependent adult abuse pursuant to sections 235B.3 and
27235E.2 may provide supplemental training, specific to the
28identification and reporting of dependent adult abuse as it
29relates to the person’s professional practice, in addition to
30the core training provided by the department.
31e. A licensing board with authority over the license of
32a person required to report cases of dependent adult abuse
33pursuant to sections 235B.3 and 235E.2 shall require as a
34condition of licensure that the person is in compliance with
35the requirements for abuse training under this subsection.
-472-1The licensing board shall require the person upon licensure
2renewal to accurately document for the licensing board the
3person’s completion of the training requirements. However,
4the licensing board may adopt rules providing for waiver or
5suspension of the compliance requirements, if the waiver or
6suspension is in the public interest, applicable to a person
7who is engaged in active duty in the military service of this
8state or of the United States, to a person for whom compliance
9with the training requirements would impose a significant
10hardship, or to a person who is practicing a licensed
11profession outside this state or is otherwise subject to
12circumstances that would preclude the person from encountering
13dependent adult abuse in this state.
14f. For persons required to report cases of dependent
15adult abuse pursuant to sections 235B.3 and 235E.2, who are
16not engaged in a licensed profession that is subject to the
17authority of a licensing board but are employed by a facility
18or program subject to licensure, registration, or approval by a
19state agency, the agency shall require as a condition of the
20renewal of the facility’s or program’s licensure, registration,
21or approval, that such persons employed by the facility or
22program are in compliance with the training requirements of
23this subsection.
24g. For peace officers, the elected or appointed official
25designated as the head of the agency employing the peace
26officer shall ensure compliance with the training requirements
27of this subsection.
28h. For persons required to report cases of dependent adult
29abuse pursuant to sections 235B.3 and 235E.2 who are employees
30of state departments and political subdivisions of the state,
31the department director or the chief administrator of the
32political subdivision shall ensure the persons’ compliance with
33the training requirements of this subsection.
346. The department shall require an educational program for
35employees of the registry on the proper use and control of
-473-1dependent adult abuse information.
2 Sec. 721. Section 235B.16A, Code 2023, is amended to read
3as follows:
4235B.16A Dependent adults — dependency assessments —
5interagency training.
61. The dependent adult protective advisory council
7established pursuant to section 235B.1 shall recommend a
8uniform assessment instrument and process for adoption and use
9by the department of human services and other agencies involved
10with assessing a dependent adult’s degree of dependency
11and determining whether dependent adult abuse has occurred.
12However, this section shall not apply to dependent adult abuse
13assessments and determinations made under chapter 235E.
142. The instrument and process design under subsection 1
15shall address but is not limited to all of the following:
16a. Evaluation of conformity with applicable federal law and
17regulations on the part of the persons employing, housing, or
18providing services to the dependent adult.
19b. Provision for the final step in the dependency assessment
20of a dependent adult to be a formal assessment of the existence
21of risk to the health or safety of the individual or of the
22degree of the individual’s impairment in ability under the
23definition of dependent adult in section 235B.2.
24c. If the assessment under paragraph “b” determines that a
25risk to the health or safety of the individual exists or the
26individual has a significant impairment in ability, and the
27individual being assessed agrees, provision for a case manager
28to be assigned to assist in preparing and implementing a safety
29plan which includes protective services for the individual.
30d. If the assessment under paragraph “b” determines that
31a risk to the health or safety of the individual exists or
32the individual has a significant impairment in ability, the
33individual being assessed does not agree to the safety plan
34provisions under paragraph “c” or accept other services, and
35the options available under sections 235B.17, 235B.18, and
-474-1235B.19 are not utilized, provision for the department of human
2services to maintain periodic contact with the individual in
3accordance with rules adopted for this purpose. The purpose
4of the contact is to assess any increased risk or impairment
5and to monitor the individual’s goals, feelings, and concerns
6so that the department can intervene when necessary or
7offer services and other support to maintain or sustain the
8individual’s safety and independence when the individual is
9ready to agree to a safety plan or accept services.
103. The department of human services and other agencies
11involved with assessing a dependent adult’s degree of
12dependency and whether dependent adult abuse has occurred shall
13adopt rules and take other steps necessary to implement the
14uniform assessment instrument and process addressed by this
15section on or before July 1, 2010.
164. The department of human services shall cooperate with
17the department on aging, the departments of inspections
18and appeals, public health, public safety, and workforce
19development, the civil rights commission, and other state and
20local agencies performing inspections or otherwise visiting
21residential settings where dependent adults live, to regularly
22provide training to the appropriate staff in the agencies
23concerning each agency’s procedures involving dependent
24adults, and to build awareness concerning dependent adults and
25reporting of dependent adult abuse.
26 Sec. 722. Section 235E.2, subsection 1, paragraphs a and c,
27Code 2023, are amended to read as follows:
28a. The department shall receive and evaluate reports
29of dependent adult abuse in facilities and programs. The
30department shall inform the department of health and human
31services of such evaluations and dispositions and those
32individuals who should be placed on the central registry for
33dependent adult abuse pursuant to section 235E.7. If the
34department believes the situation involves an immediate danger
35to the public health, safety, or welfare requiring immediate
-475-1agency action to seek emergency placement on the central
2registry, the department may utilize emergency adjudicative
3proceedings pursuant to section 17A.18A.
4c. A report of dependent adult abuse that meets the
5definition of dependent adult abuse under section 235E.1,
6subsection 5, paragraph “a”, subparagraph (1), subparagraph
7division (a) or (d), or section 235E.1, subsection 5, paragraph
8“a”, subparagraph (3), which the department determines is
9minor, isolated, and unlikely to reoccur shall be collected
10and maintained by the department of health and human services
11as an assessment only for a five-year period and shall not be
12included in the central registry and shall not be considered
13to be founded dependent adult abuse. A subsequent report of
14dependent adult abuse that meets the definition of dependent
15adult abuse under section 235E.1, subsection 5, paragraph “a”,
16subparagraph (1), subparagraph division (a) or (d), or section
17235E.1, subsection 5, paragraph “a”, subparagraph (3), that
18occurs within the five-year period, and that is committed by
19the caretaker responsible for the act or omission which was the
20subject of the previous report of dependent adult abuse which
21the department determined was minor, isolated, and unlikely to
22reoccur, may be considered minor, isolated, and unlikely to
23reoccur depending on the circumstances of the report.
24 Sec. 723. Section 235E.2, subsection 5, Code 2023, is
25amended to read as follows:
265. Any other person who believes that a dependent adult
27has suffered dependent adult abuse may report the suspected
28dependent adult abuse to the department of inspections and
29appeals. The department of inspections and appeals shall
30transfer any reports received of dependent adult abuse in the
31community to the department of health and human services. The
32department of health and human services shall transfer any
33reports received of dependent adult abuse in facilities or
34programs to the department of inspections and appeals.
35 Sec. 724. Section 235E.2, subsection 6, paragraph a, Code
-476-12023, is amended to read as follows:
2a. If, upon completion of an investigation, the department
3determines that the best interests of the dependent adult
4require court action, the department shall notify the
5department of health and human services of the potential need
6for a guardian or conservator or for admission or commitment
7to an appropriate institution or facility pursuant to the
8applicable procedures under chapter 125, 222, 229, or 633, or
9shall pursue other remedies provided by law. The appropriate
10county attorney shall assist the department of health and human
11services in the preparation of the necessary papers to initiate
12the action and shall appear and represent the department of
13health and human services at all district court proceedings.
14 Sec. 725. Section 235F.6, subsection 4, Code 2023, is
15amended to read as follows:
164. The court may approve a consent agreement between the
17parties entered into to bring about the cessation of elder
18abuse. A consent agreement approved under this section shall
19not contain any of the following:
20a. A provision that prohibits any party to the action
21from contacting or cooperating with any government agency
22including the department of health and human services, the
23department of inspections and appeals, the department on aging,
24 the department of justice, law enforcement, and the office of
25long-term care ombudsman; a licensing or regulatory agency
26that has jurisdiction over any license or certification held
27by the defendant; a protection and advocacy agency recognized
28in section 135C.2; or the defendant’s current employer if the
29defendant’s professional responsibilities include contact with
30vulnerable elders, dependent adults, or minors, if the party
31contacting or cooperating has a good-faith belief that the
32information is relevant to the duties or responsibilities of
33the entity.
34b. A provision that prohibits any party to the action from
35filing a complaint with or reporting a violation of law to
-477-1any government agency including the department of health and
2 human services, the department of inspections and appeals,
3the department on aging, the department of justice, law
4enforcement, and the office of long-term care ombudsman; a
5licensing or regulatory agency that has jurisdiction over any
6license or certification held by the defendant; a protection
7and advocacy agency recognized in section 135C.2; or the
8defendant’s current employer.
9c. A provision that requires any party to the action to
10withdraw a complaint filed with or a violation reported to
11any government agency including the department of health and
12 human services, the department of inspections and appeals,
13the department on aging, the department of justice, law
14enforcement, and the office of long-term care ombudsman; a
15licensing or regulatory agency that has jurisdiction over any
16license or certification held by the defendant; a protection
17and advocacy agency recognized in section 135C.2; or the
18defendant’s current employer.
19 Sec. 726. Section 237.1, Code 2023, is amended to read as
20follows:
21237.1 Definitions.
22As used in this chapter:
231. “Administrator” means the administrator of that division
24of the department designated by the director of human services
25to administer this chapter or the administrator’s designee.
262. 1. “Agency” means a person, as defined in section 4.1,
27subsection 20, which provides child foster care and which does
28not meet the definition of an individual in subsection 7 as
29defined under this section.
303. 2. “Child” means child as defined in section 234.1,
31subsection 2.
324. 3. “Child foster care” means the provision of parental
33nurturing, including but not limited to the furnishing of
34food, lodging, training, education, supervision, treatment,
35or other care, to a child on a full-time basis by a person,
-478-1including a relative of the child if the relative is licensed
2under this chapter, but not including a guardian of the child.
3“Child foster care” does not include any of the following care
4situations:
5a. Care furnished by an individual person who receives the
6child of a personal friend as an occasional and personal guest
7in the individual person’s home, free of charge and not as a
8business.
9b. Care furnished by an individual person with whom a child
10has been placed for lawful adoption, unless that adoption is
11not completed within two years after placement.
12c. Care furnished by a private boarding school subject to
13approval by the state board of education pursuant to section
14256.11.
15d. Child care furnished by a child care center, a child
16development home, or a child care home as defined in section
17237A.1.
18e. Care furnished in a hospital licensed under chapter 135B
19or care furnished in a nursing facility licensed under chapter
20135C.
21f. Care furnished by a relative of a child or an individual
22person with a meaningful relationship with the child where the
23child is not under the placement, care, or supervision of the
24department.
254. “Council” means the council on health and human services.
265. “Department” means the department of health and human
27services.
286. “Director” means the director of health and human
29services.
307. “Facility” means the personnel, program, physical plant,
31and equipment of a licensee.
327. 8. “Individual” means an individual person or a married
33couple who provides child foster care in a single-family home
34environment and which does not meet the definition of an agency
35in subsection 2 under this section.
-479- 18. 9. “Licensee” means an individual or an agency licensed
2by the administrator under this chapter.
39. 10. “Reasonable and prudent parent standard” means
4the standard characterized by careful and sensible parenting
5decisions that maintain the health, safety, and best interests
6of a child, while at the same time encouraging the emotional
7and developmental growth of a child, that a caregiver shall
8use when determining whether to allow a child in foster care
9under the placement, care, or supervision of the department to
10participate in extracurricular, enrichment, cultural, or social
11activities. For the purposes of this subsection, “caregiver”
12means an individual or an agency licensed under this chapter
13with which a child in foster care has been placed or a juvenile
14shelter care home approved under chapter 232 in which a child
15in foster care has been placed.
16 Sec. 727. Section 237.3, Code 2023, is amended to read as
17follows:
18237.3 Rules.
191. Except as otherwise provided by subsections 3 and 4,
20the administrator department shall promulgate, after their
21adoption by the council on human services, and enforce in
22accordance with chapter 17A, administrative rules necessary
23to implement this chapter. Formulation of the rules shall
24include consultation with representatives of child foster care
25providers, and other persons affected by this chapter. The
26rules shall encourage the provision of child foster care in a
27single-family, home environment, exempting the single-family,
28home facility from inappropriate rules.
292. Rules applicable to licensees shall include but are not
30limited to:
31a. Types of facilities which include but are not limited to
32group foster care facilities and family foster care homes.
33b. The number, qualifications, character, and parenting
34ability of personnel necessary to assure the health, safety and
35welfare of children receiving child foster care.
-480- 1c. Programs for education and in-service training of
2personnel.
3d. The physical environment of a facility.
4e. Policies for intake, assessment, admission and discharge.
5f. Housing, health, safety, and medical care policies
6for children receiving child foster care. The medical care
7policies shall include but are not limited to all of the
8following:
9(1) Provision by the department to the foster care provider
10at or before the time of a child’s placement of the child’s
11health records and any other information possessed or known
12about the health of the child or about a member of the child’s
13family that pertains to the child’s health.
14(2) If the health records supplied in accordance with
15the child’s case permanency plan to the foster care provider
16are incomplete or the provider requests specific health
17information, provision for obtaining additional health
18information from the child’s parent or other source and
19supplying the additional information to the foster care
20provider.
21(3) Provision for emergency health coverage of the child
22while the child is engaged in temporary out-of-state travel
23with the child’s foster family.
24g. (1) The adequacy of programs available to children
25receiving child foster care provided by agencies, including but
26not limited to:
27(a) Dietary services.
28(b) Social services.
29(c) Activity programs.
30(d) Behavior management procedures.
31(e) Educational programs, including special education
32as defined in section 256B.2, subsection 1, paragraph “b”,
33where appropriate, which are approved by the state board of
34education.
35(2) The department shall not promulgate rules which
-481-1regulate individual licensees in the subject areas enumerated
2in this paragraph “g”.
3h. Policies for involvement of biological parents.
4i. Records a licensee is required to keep, and reports a
5licensee is required to make to the administrator department.
6j. Prior to the licensing of an individual as a foster
7family home, a required, written social assessment of the
8quality of the living situation in the home of the individual,
9and a required compilation of personal references for the
10individual other than those references given by the individual.
11k. Elements of a foster care placement agreement outlining
12rights and responsibilities associated with an individual
13providing family foster care. The rights and responsibilities
14shall include but are not limited to all of the following:
15(1) Receiving information prior to the child’s placement
16regarding risk factors concerning the child that are known to
17the department, including but not limited to notice if the
18child is required to register under chapter 692A.
19(2) Having regularly scheduled meetings with each case
20manager assigned to the child.
21(3) Receiving access to any reports prepared by a service
22provider who is working with the child unless the access is
23prohibited by state or federal law.
243. Rules governing fire safety in facilities with child
25foster care provided by agencies shall be promulgated by the
26state fire marshal pursuant to section 100.1, subsection 5,
27 after consultation with the administrator director.
284. Rules governing sanitation, water and waste disposal
29standards for facilities shall be promulgated by the Iowa
30 department of public health pursuant to section 135.11,
31subsection 12, after consultation with the administrator
32 director.
335. In case of a conflict between rules promulgated pursuant
34to subsections 3 and 4 and local rules, the more stringent
35requirement applies.
-482- 16. Rules of the department shall not prohibit the licensing,
2as foster family homes, of individuals who are departmental
3employees not directly engaged in the administration of the
4child foster care program pursuant to this chapter.
57. If an agency is accredited by the joint commission
6on the accreditation of health care organizations under the
7commission’s consolidated standards for residential settings
8or by the council on accreditation of services for families
9and children, the department shall modify facility licensure
10standards applied to the agency in order to avoid duplicating
11standards applied through accreditation.
128. The department, in consultation with the judicial
13branch, the division of criminal and juvenile justice planning
14of the department of human rights, residential treatment
15providers, the foster care provider association, and other
16parties which may be affected, shall review the licensing rules
17pertaining to residential treatment facilities, and examine
18whether the rules allow the facilities to accept and provide
19effective treatment to juveniles with serious problems who
20might not otherwise be placed in those facilities.
219. The department shall adopt rules specifying the elements
22of a preadoptive care agreement outlining the rights and
23responsibilities associated with a person providing preadoptive
24care, as defined in section 232.2.
2510. The department shall adopt rules to administer the
26exception to the definition of child care in section 237A.1,
27subsection 3, paragraph “l”, allowing a child care facility, for
28purposes of providing respite care to a foster family home, to
29provide care, supervision, or guidance of a child for a period
30of twenty-four hours or more who is placed with the licensed
31foster family home.
32 Sec. 728. Section 237.4, Code 2023, is amended to read as
33follows:
34237.4 License required — exceptions.
35An individual or an agency, as defined in section 237.1,
-483-1shall not provide child foster care unless the individual or
2agency obtains a license issued by the administrator under this
3chapter. However, a license is not required of the following:
41. An individual providing child foster care for a total of
5not more than twenty days in one calendar year.
62. A residential care facility licensed under chapter 135C
7which is approved for the care of children.
83. A hospital licensed under chapter 135B.
94. A health care facility licensed under chapter 135C.
105. A juvenile detention home or juvenile shelter care home
11approved under section 232.142.
126. An institution listed in section 218.1.
137. A facility licensed under chapter 125.
148. An individual providing child care as a babysitter at the
15request of a parent, guardian or relative having lawful custody
16of the child.
17 Sec. 729. Section 237.5, Code 2023, is amended to read as
18follows:
19237.5 License application and issuance — denial, suspension,
20or revocation — provisional licenses.
211. An individual or an agency shall apply for a license
22by completing an application to the administrator department
23 upon forms furnished by the administrator department. The
24administrator department shall issue or reissue a license if
25the administrator department determines that the applicant or
26licensee is or upon commencing operation will provide child
27foster care in compliance with this chapter. An initial
28license for an individual is valid for one year from the date
29of issuance. After the first two years of licensure, a license
30for an individual is valid for two years from the most recent
31date of issuance except that the administrator department,
32within the administrator’s director’s discretion and based upon
33the performance of the licensee, may require annual renewal
34of the license or may issue a provisional license pursuant to
35subsection 3. A license for an agency is valid for up to three
-484-1years from the date of issuance for the period determined by
2the administrator department in accordance with administrative
3rules providing criteria for making the determination. The
4license shall state on its face the name of the licensee, the
5type of facility, the particular premises for which the license
6is issued, and the number of children who may be cared for by
7the facility on the premises at one time. The license shall
8be posted in a conspicuous place in the physical plant of the
9facility, except that if the facility is in a single-family
10home the license may be kept where it is readily available for
11examination upon request.
122. The administrator department, after notice and
13opportunity for an evidentiary hearing, may deny an application
14for a license, and may suspend or revoke a license, if the
15applicant or licensee violates this chapter or the rules
16promulgated pursuant to this chapter, or knowingly makes
17a false statement concerning a material fact or conceals
18a material fact on the license application or in a report
19regarding operation of the facility submitted to the
20administrator department.
213. The administrator department may issue a provisional
22license for not more than one year to a licensee whose
23facility does not meet the requirements of this chapter, if
24written plans to bring the facility into compliance with the
25applicable requirements are submitted to and approved by the
26administrator department. The plans shall state a specific
27time when compliance will be achieved. Only one provisional
28license shall be issued for a facility by reason of the same
29deficiency.
30 Sec. 730. Section 237.6, Code 2023, is amended to read as
31follows:
32237.6 Restricted use of facility.
33A licensee shall not furnish child foster care in a building
34or on premises not designated in the license. A licensee
35shall not furnish child foster care to a greater number of
-485-1children than is designated in the license, unless authorized
2by the administrator so authorizes department. Multiple
3licenses authorizing separate and distinct parts of a facility
4to provide different categories of child foster care may be
5issued.
6 Sec. 731. Section 237.7, Code 2023, is amended to read as
7follows:
8237.7 Reports and inspections.
9The administrator department may require submission of
10reports by a licensee, and shall cause at least one annual
11unannounced inspection of each facility to assess the quality
12of the living situation and to determine compliance with
13applicable requirements and standards. The inspections shall
14be conducted by the department of inspections and appeals.
15The director of the department of inspections and appeals
16may examine records of a licensee, including but not limited
17to corporate records and board minutes, and may inquire into
18matters concerning a licensee and its employees relating to
19requirements and standards for child foster care under this
20chapter.
21 Sec. 732. Section 237.8, Code 2023, is amended to read as
22follows:
23237.8 Personnel.
241. A person shall not be allowed to provide services in a
25facility if the person has a disease which is transmissible to
26other persons through required contact in the workplace, which
27presents a significant risk of infecting other persons, which
28presents a substantial possibility of harming other persons, or
29for which no reasonable accommodation can eliminate the risk of
30infecting other persons.
312. a. (1) If a person is being considered for licensure
32under this chapter, or for employment involving direct
33responsibility for a child or in a facility where children
34reside, by a licensee under this chapter, or if a person will
35reside in a facility utilized by a licensee, and if the person
-486-1has been convicted of a crime or has a record of founded child
2abuse, the record check evaluation system of the department
3and the licensee for an employee of the licensee shall perform
4an evaluation to determine whether the crime or founded
5child abuse warrants prohibition of licensure, employment,
6or residence in the facility. The department record check
7evaluation system shall conduct criminal and child abuse record
8checks in this state and may conduct these checks in other
9states. The evaluation shall be performed in accordance with
10procedures adopted for this purpose by the department.
11(2) If the criminal and child abuse record checks conducted
12in this state under subparagraph (1) for an individual being
13considered for licensure under this chapter, or for employment
14involving direct responsibility for a child or in a facility
15where children reside, by a licensee under this chapter, or
16for an individual who will reside in a facility utilized by
17a licensee, have been completed and the individual either
18does not have a record of crime or founded child abuse or the
19department’s record check evaluation system’s evaluation of
20the record has determined that prohibition of the individual’s
21licensure or employment is not warranted, the individual may
22be provisionally approved for licensure or employment pending
23the outcome of the fingerprint-based criminal history check
24conducted pursuant to subparagraph (4).
25(3) An individual being considered for licensure under this
26chapter, or for employment involving direct responsibility for
27a child or in a facility where children reside, by a licensee
28under this chapter, or for an individual who will reside in a
29facility utilized by a licensee, shall not be granted a license
30or be employed and an evaluation shall not be performed under
31this subsection if the individual has been convicted of any of
32the following felony offenses:
33(a) Within the five-year period preceding the application
34date, a drug-related offense.
35(b) Child endangerment or neglect or abandonment of a
-487-1dependent person.
2(c) Domestic abuse.
3(d) A crime against a child, including but not limited to
4sexual exploitation of a minor.
5(e) A forcible felony.
6(4) If an individual is being considered for licensure under
7this chapter, or for employment involving direct responsibility
8for a child or in a facility where children reside, by a
9licensee under this chapter, or if an individual will reside
10in a facility utilized by a licensee, or if an individual is
11subject to licensure under this chapter as a foster parent,
12in addition to the record checks conducted under subparagraph
13(1), the individual’s fingerprints shall be provided to the
14department of public safety for submission through the state
15criminal history repository to the United States department
16of justice, federal bureau of investigation for a national
17criminal history check. The cost of the criminal history check
18conducted under this subparagraph is the responsibility of the
19department of human services.
20(5) If the criminal and child abuse record checks conducted
21in this state under subparagraph (1) for an individual being
22considered for licensure as a foster parent have been completed
23and the individual either does not have a record of crime
24or founded abuse or the department’s record check evaluation
25system’s evaluation of the record has determined that
26prohibition of the individual’s licensure is not warranted, the
27individual may be provisionally approved for licensure pending
28the outcome of the fingerprint-based criminal history check
29conducted pursuant to subparagraph (4).
30(6) An individual applying to be a foster parent licensee
31shall not be granted a license and an evaluation shall not be
32performed under this subsection if the individual has been
33convicted of any of the following felony offenses:
34(a) Within the five-year period preceding the application
35date, a drug-related offense.
-488- 1(b) Child endangerment or neglect or abandonment of a
2dependent person.
3(c) Domestic abuse.
4(d) A crime against a child, including but not limited to
5sexual exploitation of a minor.
6(e) A forcible felony.
7b. Except as otherwise provided in paragraph “a”, if the
8department record check evaluation system determines that a
9person has committed a crime or has a record of founded child
10abuse and is licensed, employed by a licensee, or resides in a
11licensed facility the department record check evaluation system
12 shall notify the licensee that an evaluation will be conducted
13to determine whether prohibition of the person’s licensure,
14employment, or residence is warranted.
15c. In an evaluation, the department record check evaluation
16system and the licensee for an employee of the licensee shall
17consider the nature and seriousness of the crime or founded
18child abuse in relation to the position sought or held, the
19time elapsed since the commission of the crime or founded child
20abuse, the circumstances under which the crime or founded
21child abuse was committed, the degree of rehabilitation, the
22likelihood that the person will commit the crime or founded
23child abuse again, and the number of crimes or founded child
24abuses committed by the person involved. The department record
25check evaluation system may permit a person who is evaluated
26to be licensed, employed, or to reside, or to continue to be
27licensed, employed, or to reside in a licensed facility, if the
28person complies with the department’s record check evaluation
29system’s conditions relating to the person’s licensure,
30employment, or residence, which may include completion of
31additional training. For an employee of a licensee, these
32conditional requirements shall be developed with the licensee.
33The department record check evaluation system has final
34authority in determining whether prohibition of the person’s
35licensure, employment, or residence is warranted and in
-489-1developing any conditional requirements under this paragraph.
2d. If the department record check evaluation system
3 determines that the person has committed a crime or has a
4record of founded child abuse which warrants prohibition of
5licensure, employment, or residence, the person shall not be
6licensed under this chapter and shall not be employed by a
7licensee or reside in a licensed facility.
83. In addition to the record checks required under
9subsection 2, the department of human services record check
10evaluation system may conduct dependent adult abuse record
11checks in this state and may conduct these checks in other
12states, on a random basis. The provisions of subsection 2,
13relative to an evaluation following a determination that a
14person has been convicted of a crime or has a record of founded
15child abuse, shall also apply to a random check conducted under
16this subsection.
174. On or after July 1, 1994, a A licensee shall inform
18all new applicants for employment of the possibility of the
19performance of a record check and shall obtain, from the
20applicant, a signed acknowledgment of the receipt of the
21information.
225. On or after July 1, 1994, a A licensee shall include the
23following inquiry in an application for employment:
24Do you have a record of founded child or dependent adult abuse
25or have you ever been convicted of a crime, in this state or any
26other state?
27 Sec. 733. Section 237.13, Code 2023, is amended to read as
28follows:
29237.13 Foster home insurance fund.
301. For the purposes of this section, “foster home” means an
31individual, as defined in section 237.1, subsection 7, who is
32licensed to provide child foster care and shall also be known
33as a “licensed foster home”.
342. The foster home insurance fund shall be administered by
35the department of human services. The fund shall consist of
-490-1all moneys appropriated by the general assembly for deposit
2in the fund. The department shall use moneys in the fund to
3provide home and property coverage for foster parents to cover
4damages to property resulting from the actions of a foster
5child residing in a foster home or to reimburse foster parents
6for the cost of purchasing foster care liability insurance and
7to perform the administrative functions necessary to carry out
8this section. The department may establish limitations of
9liability for individual claims as deemed reasonable by the
10department.
113. The department of human services shall adopt rules,
12pursuant to chapter 17A, to carry out the provisions of this
13section.
14 Sec. 734. Section 237.15, subsection 7, Code 2023, is
15amended to read as follows:
167. “Person or court responsible for the child” means the
17department, including but not limited to the department of
18health and human services, the agency, or the individual who is
19the guardian of a child by court order issued by the juvenile
20or district court and has the responsibility of the care of the
21child, or the court having jurisdiction over the child.
22 Sec. 735. Section 237.16, Code 2023, is amended to read as
23follows:
24237.16 Child advocacy board — staff.
251. The child advocacy board is created within the department
26of inspections and appeals. The state board consists of nine
27members appointed by the governor, subject to confirmation
28by the senate and directly responsible to the governor. One
29member shall be an active court appointed special advocate
30volunteer, one member shall be an active member of a local
31citizen foster care review board, and one member shall be a
32judicial branch employee or judicial officer appointed from
33nominees submitted by the judicial branch. The appointment is
34for a term of four years that begins and ends as provided in
35section 69.19. Vacancies on the state board shall be filled in
-491-1the same manner as original appointments are made.
22. The members of the state board shall annually select a
3chairperson, vice chairperson, and other officers the members
4deem necessary. The members may be entitled to receive
5reimbursement for actual and necessary expenses incurred in
6the performance of their duties, subject to available funding.
7Each member of the board may also be eligible to receive
8compensation as provided in section 7E.6. The state board
9shall meet at least twice a year.
103. An employee of the department or of the department of
11inspections and appeals, an employee of a child-placing agency,
12an employee of an agency with which the department contracts
13for services for children under foster care, a foster parent
14providing foster care, or an employee of the district court
15is not eligible to serve on the state board. However, the
16judicial branch employee or judicial officer appointed from
17nominees submitted by the judicial branch in accordance with
18subsection 1 shall be eligible to serve on the state board.
194. The department and the department of inspections and
20appeals shall jointly develop written protocols detailing the
21responsibilities of each the department with regard to children
22under the purview of the state board. The protocols shall be
23reviewed by the departments department on an annual basis.
245. The director shall employ appropriate staff for the state
25board in accordance with available funding.
26 Sec. 736. Section 237.18, subsection 4, Code 2023, is
27amended by striking the subsection.
28 Sec. 737. Section 237.21, subsection 5, Code 2023, is
29amended to read as follows:
305. Members of the state board and local boards, court
31appointed special advocates, and the employees of the
32department and the department of inspections and appeals are
33subject to standards of confidentiality pursuant to sections
34217.30, 228.6, subsection 1, sections 235A.15, 600.16,
35and 600.16A. Members of the state and local boards, court
-492-1appointed special advocates, and employees of the department
2and the department of inspections and appeals who disclose
3information or records of the board or department, other than
4as provided in subsections 2, 3, and 4, section 232.126,
5and section 237.20, subsection 2, are guilty of a simple
6misdemeanor.
7 Sec. 738. Section 237A.1, Code 2023, is amended to read as
8follows:
9237A.1 Definitions.
10As used in this chapter unless the context otherwise
11requires:
121. “Administrator” means the administrator of the division
13of the department designated by the director to administer this
14chapter.
152. 1. “Child” means either of the following:
16a. A person twelve years of age or younger.
17b. A person thirteen years of age or older but younger than
18nineteen years of age who has a developmental disability as
19defined under the federal Developmental Disabilities Assistance
20and Bill of Rights Act of 2000, Pub.L. No.106-402, as
21codified in 42 U.S.C. §15002(8).
223. 2. “Child care” means the care, supervision, and
23guidance of a child by a person other than the child’s parent,
24guardian, or custodian for periods of less than twenty-four
25hours per day per child on a regular basis, but does not
26include care, supervision, and guidance of a child by any of
27the following:
28a. An instructional program for children who are attending
29prekindergarten as defined by the state board of education
30under section 256.11 or a higher grade level and are at least
31four years of age, or are at least three years of age and
32eligible for special education under chapter 256B, administered
33by any of the following:
34(1) A public or nonpublic school system accredited by the
35department of education or the state board of regents.
-493- 1(2) A nonpublic school system which is not accredited by the
2department of education or the state board of regents.
3b. Any of the following church-related programs:
4(1) An instructional program.
5(2) A youth program other than a preschool, before or after
6school child care program, or other child care program.
7(3) A program providing care to children on church premises
8while the children’s parents are attending church-related or
9church-sponsored activities on the church premises.
10c. Short-term classes of less than two weeks’ duration held
11between school terms or during a break within a school term.
12d. A child care center for sick children operated as part of
13a pediatrics unit in a hospital licensed by the department of
14inspections and appeals pursuant to chapter 135B.
15e. A program operated not more than one day per week by
16volunteers which meets all of the following conditions:
17(1) Not more than eleven children are served per volunteer.
18(2) The program operates for less than four hours during any
19twenty-four-hour period.
20(3) The program is provided at no cost to the children’s
21parent, guardian, or custodian.
22f. A program administered by a political subdivision of the
23state which is primarily for recreational or social purposes
24and is limited to children who are five years of age or older
25and attending school.
26g. An after school program continuously offered throughout
27the school year calendar to children who are at least five
28years of age and are enrolled in school, and attend the program
29intermittently or a summer-only program for such children. The
30program must be provided through a nominal membership fee or
31at no cost.
32h. A special activity program which meets less than four
33hours per day for the sole purpose of the special activity.
34Special activity programs include but are not limited to music
35or dance classes, organized athletic or sports programs,
-494-1recreational classes, scouting programs, and hobby or craft
2clubs or classes.
3i. A nationally accredited camp.
4j. A structured program for the purpose of providing
5therapeutic, rehabilitative, or supervisory services to
6children under any of the following:
7(1) A purchase of service or managed care contract with the
8department.
9(2) A contract approved by a governance board of a
10decategorization of child welfare and juvenile justice funding
11project created under section 232.188.
12(3) An arrangement approved by a juvenile court order.
13k. Care provided on-site to children of parents residing in
14an emergency, homeless, or domestic violence shelter.
15l. A child care facility providing respite care to a
16licensed foster family home for a period of twenty-four hours
17or more to a child who is placed with that licensed foster
18family home.
19m. A program offered to a child whose parent, guardian,
20or custodian is engaged solely in a recreational or social
21activity, remains immediately available and accessible on the
22physical premises on which the child’s care is provided, and
23does not engage in employment while the care is provided.
24 However, if the recreational or social activity is provided
25in a fitness center or on the premises of a nonprofit
26organization, the parent, guardian, or custodian of the child
27may be employed to teach or lead the activity.
284. 3. “Child care center” or “center” means a facility
29providing child care or preschool services for seven or more
30children, except when the facility is registered as a child
31development home.
325. 4. “Child care facility” or “facility” means a child
33care center, preschool, or a registered child development home.
346. 5. “Child care home” means a person or program providing
35child care to any of the following children at any one time
-495-1that is not registered to provide child care under this
2chapter, as authorized under section 237A.3:
3a. Five or fewer children.
4b. Six or fewer children, if at least one of the children
5is school-aged.
67. 6. “Child development home” means a person or program
7registered under section 237A.3A that may provide child care to
8seven or more children at any one time.
97. “Council” means the council on health and human services.
108. “Department” means the department of health and human
11services.
129. “Director” means the director of health and human
13services.
1410. “Infant” means a child who is less than twenty-four
15months of age.
1611. “Involvement with child care” means licensed or
17registered under this chapter, employed in a child care
18facility, residing in a child care facility, receiving public
19funding for providing child care, or providing child care as a
20child care home provider, or residing in a child care home.
2112. “Licensed center” means a center issued a full or
22provisional license by the department under the provisions
23of this chapter or a center for which a license is being
24processed.
2513. “Poverty level” means the poverty level defined by the
26most recently revised poverty income guidelines published by
27the United States department of health and human services.
2814. “Preschool” means a child care facility which provides
29to children ages three through five, for periods of time not
30exceeding three hours per day, programs designed to help the
31children to develop intellectual skills, social skills, and
32motor skills, and to extend their interest and understanding
33of the world about them.
3415. “School” means kindergarten or a higher grade level.
3516. “State child care advisory committee” means the state
-496-1child care advisory committee established pursuant to section
2135.173A.
3 Sec. 739. Section 237A.2, subsection 1, paragraph a, Code
42023, is amended to read as follows:
5a. An application for a license or a renewal has been filed
6with the administrator department on forms provided by the
7department.
8 Sec. 740. Section 237A.2, subsection 3, Code 2023, is
9amended to read as follows:
103. The administrator department may reduce a previously
11issued license to a provisional license or issue a provisional
12license for a period of time not to exceed one year if the
13center does not meet standards required under this section.
14A provisional license shall not be renewable in regard to
15the same standards for more than two consecutive years. A
16provisional license shall be posted in a conspicuous place
17in the center as provided in this section. If written plans
18to bring the center up to standards, giving specific dates
19for completion of work, are submitted to and approved by the
20department, the provisional license shall be renewable as
21provided in this subsection.
22 Sec. 741. Section 237A.3A, subsection 3, paragraph a, Code
232023, is amended to read as follows:
24a. Three categories of standards shall be applicable to
25child development homes. The initial designations of the
26categories, which may be revised by the department, shall be
27“A”, “B”, and “C”, as ranked from less stringent standards and
28capacity to more stringent standards and capacity. The “C”
29registration category standards shall require the highest level
30of provider qualifications and allow the greatest capacity of
31the three categories. The department of human services, in
32consultation with the Iowa department of public health, shall
33adopt rules applying standards to each category specifying
34provider qualifications and training, health and safety
35requirements, capacity, amount of space available per child,
-497-1and other minimum requirements. The capacity requirements
2shall take into consideration the provider’s own children,
3children who have a mild illness, children receiving part-time
4child care, and children served as a sibling group in overnight
5care.
6 Sec. 742. Section 237A.5, Code 2023, is amended to read as
7follows:
8237A.5 Personnel.
91. All personnel in licensed or registered facilities
10shall have good health as evidenced by a report following a
11preemployment physical examination taken within six months
12prior to beginning employment. The examination shall include
13communicable disease tests by a licensed physician as defined
14in section 135C.1 or a licensed physician assistant as defined
15in section 148C.1 and shall be repeated every three years after
16initial employment. Controlled medical conditions which would
17not affect the performance of the employee in the capacity
18employed shall not prohibit employment.
192. a. For the purposes of this section, unless the context
20otherwise requires:
21(1) “Person subject to a record check” means a person who is
22described by any of the following:
23(a) The person is being considered for licensure or
24registration or is registered or licensed under this chapter.
25(b) The person is being considered by a child care facility
26for employment involving direct responsibility for a child or
27with access to a child when the child is alone or is employed
28with such responsibilities.
29(c) The person will reside or resides in a child care
30facility.
31(d) The person has applied for or receives public funding
32for providing child care.
33(e) The person will reside or resides in a child care home
34that is not registered under this chapter but that receives
35public funding for providing child care.
-498- 1(2) “Person subject to an evaluation” means a person subject
2to a record check whose record indicates that the person has
3committed a transgression.
4(3) “Transgression” means the existence of any of the
5following in a person’s record:
6(a) Conviction of a crime.
7(b) A record of having committed founded child or dependent
8adult abuse.
9(c) Listing in the sex offender registry under chapter 692A.
10(d) A record of having committed a public or civil offense.
11(e) The department has revoked a child care facility
12registration or license due to the person’s continued or
13repeated failure to operate the child care facility in
14compliance with this chapter and rules adopted pursuant to this
15chapter.
16b. If an individual person subject to a record check is
17being considered for employment by a child care facility or
18child care home provider, in lieu of requesting a record check
19in this state to be conducted by the department record check
20evaluation system under paragraph “c”, the child care facility
21or child care home may access the single contact repository
22established pursuant to section 135C.33 as necessary to conduct
23a criminal and child abuse record check of the individual
24in this state. A copy of the results of the record check
25conducted through the single contact repository shall also be
26provided to the department record check evaluation system.
27If the record check indicates the individual is a person
28subject to an evaluation, the child care facility or child care
29home may request that the department record check evaluation
30system perform an evaluation as provided in this subsection.
31Otherwise, the individual shall not be employed by the child
32care facility or child care home.
33c. Unless a record check has already been conducted in
34accordance with paragraph “b”, the department record check
35evaluation system shall conduct a criminal and child abuse
-499-1record check in this state for a person who is subject to a
2record check and may conduct such a check in other states. In
3addition, the department record check evaluation system may
4conduct a dependent adult abuse, sex offender registry, or
5other public or civil offense record check in this state or in
6other states for a person who is subject to a record check.
7d. (1) For a person subject to a record check, in
8addition to any other record check conducted pursuant to this
9subsection, the person’s fingerprints shall be provided to the
10department of public safety for submission through the state
11criminal history repository to the United States department
12of justice, federal bureau of investigation for a national
13criminal history check. The department may adopt rules
14specifying criteria in the public interest for requiring the
15national criminal history check of a person to be repeated.
16(2) Except as otherwise provided by law, the cost of a
17national criminal history check conducted in accordance with
18subparagraph (1) and the state record checks conducted in
19accordance with paragraph “c” that are conducted in connection
20with a person’s involvement with a child care center are not
21the responsibility of the department. The department is
22responsible for the cost of such checks conducted in connection
23with a person’s involvement with a child development home or
24child care home.
25(3) If record checks under paragraph “b” or “c” have been
26conducted on a person subject to a record check and the results
27do not warrant prohibition of the person’s involvement with
28child care or otherwise present protective concerns, the person
29may be involved with child care on a provisional basis until
30the record check under subparagraph (1) has been completed.
31(4) If a person subject to a record check refuses to consent
32to a record check or if the person makes what the person knows
33to be a false statement of material fact in connection with a
34record check, the person shall be prohibited from involvement
35with child care.
-500- 1e. (1) If a record check performed pursuant to this
2subsection identifies an individual as a person subject to
3an evaluation, an evaluation shall be performed to determine
4whether prohibition of the person’s involvement with child care
5is warranted. The evaluation shall be performed in accordance
6with procedures adopted for this purpose by the department.
7(2) Prior to performing an evaluation, the department
8 record check evaluation system shall notify the affected
9person, licensee, registrant, or child care home applying for
10or receiving public funding for providing child care, that an
11evaluation will be conducted to determine whether prohibition
12of the person’s involvement with child care is warranted.
13f. If a record check performed in accordance with paragraph
14“b” or “c” identifies that an individual is a person subject
15to an evaluation, the department record check evaluation
16system shall perform the evaluation in accordance with this
17subsection, even if the application which made the person
18subject to the record check is withdrawn or the circumstances
19which made the person subject to the record check are no longer
20applicable. If the department’s record check evaluation
21system’s evaluation determines that prohibition of the person’s
22involvement with child care is warranted, the provisions of
23this subsection regarding such a prohibition shall apply.
24g. A person subject to a record check who is or was employed
25by a child care facility or child care home provider and
26is hired by another child care facility or child care home
27provider shall be subject to a record check in accordance
28with this subsection. However, if the person was subject
29to an evaluation because of a transgression in the person’s
30record and the evaluation determined that the transgression
31did not warrant prohibition of the person’s involvement
32with child care and the latest record checks do not indicate
33there is a transgression that was committed subsequent to
34that evaluation, the person may commence employment with the
35other child care facility or provider in accordance with the
-501-1department’s evaluation and an exemption from any requirements
2for reevaluation of the latest record checks is authorized.
3Authorization of an exemption under this paragraph “g” from
4requirements for reevaluation of the latest record checks by
5the department record check evaluation system is subject to all
6of the following provisions:
7(1) The position with the subsequent employer is
8substantially the same or has the same job responsibilities as
9the position for which the previous evaluation was performed.
10(2) Any restrictions placed on the person’s employment
11in the previous evaluation by the department record check
12evaluation system shall remain applicable in the person’s
13subsequent employment.
14(3) The person subject to the record checks has maintained a
15copy of the previous evaluation and provides the evaluation to
16the subsequent employer or the previous employer provides the
17previous evaluation from the person’s personnel file pursuant
18to the person’s authorization. If a physical copy of the
19previous evaluation is not provided to the subsequent employer,
20the record checks shall be reevaluated.
21(4) Although an exemption under this paragraph “g” may
22be authorized, the subsequent employer may instead request a
23reevaluation of the record checks and may employ the person
24while the reevaluation is being performed.
25h. In an evaluation, the department record check evaluation
26system shall consider the nature and seriousness of the
27transgression in relation to the position sought or held, the
28time elapsed since the commission of the transgression, the
29circumstances under which the transgression was committed,
30the degree of rehabilitation, the likelihood that the person
31will commit the transgression again, and the number of
32transgressions committed by the person involved. In addition
33to record check information, the department record check
34evaluation system may utilize information from the department’s
35 record check evaluation system’s case records in performing the
-502-1evaluation. The department record check evaluation system may
2permit a person who is evaluated to maintain involvement with
3child care, if the person complies with the department’s record
4check evaluation system’s conditions and corrective action plan
5relating to the person’s involvement with child care. The
6department record check evaluation system has final authority
7in determining whether prohibition of the person’s involvement
8with child care is warranted and in developing any conditional
9requirements and corrective action plan under this paragraph.
10i. (1) A person subject to an evaluation shall be
11prohibited from involvement with child care under any of the
12following circumstances:
13(a) The person has a record of founded child abuse or
14dependent adult abuse that was determined to be sexual abuse.
15(b) The person is listed or is required to be listed on
16any state sex offender registry or the national sex offender
17registry.
18(c) The person has committed any of the following
19felony-level offenses:
20(i) Child endangerment or neglect or abandonment of a
21dependent person.
22(ii) Domestic abuse.
23(iii) A crime against a child including but not limited to
24sexual exploitation of a minor.
25(iv) A forcible felony.
26(v) Arson.
27(d) The person has a record of a misdemeanor conviction
28against a child that constitutes one of the following offenses:
29(i) Child abuse.
30(ii) Child endangerment.
31(iii) Sexual assault.
32(iv) Child pornography.
33(2) If, within five years prior to the date of application
34for registration or licensure under this chapter, for
35employment or residence in a child care facility or child care
-503-1home, or for receipt of public funding for providing child
2care, a person subject to an evaluation has been convicted
3of a controlled substance offense or has been found to have
4committed physical abuse, the person shall be prohibited from
5involvement with child care for a period of five years from
6the date of conviction or founded abuse. After the five-year
7prohibition period, the person may submit an application for
8registration or licensure under this chapter, or to receive
9public funding for providing child care, or may request an
10evaluation, and the department record check evaluation system
11 shall perform an evaluation and, based upon the criteria in
12paragraph “h”, shall determine whether prohibition of the
13person’s involvement with child care continues to be warranted.
14j. If the department record check evaluation system
15 determines, through an evaluation of a person’s transgression,
16that the person’s prohibition of involvement with child care is
17warranted, the person shall be prohibited from involvement with
18child care. The department record check evaluation system may
19identify a period of time after which the person may request
20that another record check and evaluation be performed. A
21person who continues involvement with child care in violation
22of this subsection is subject to penalty under section 237A.19
23or injunction under section 237A.20.
24k. If it has been determined that a child receiving child
25care from a child care facility or a child care home is the
26victim of founded child abuse committed by an employee,
27license or registration holder, child care home provider, or
28resident of the child care facility or child care home for
29which a report is placed in the central registry pursuant to
30section 232.71D, the administrator department shall provide
31notification at the time of the determination to the parents,
32guardians, and custodians of children receiving care from the
33child care facility or child care home. A notification made
34under this paragraph shall identify the type of abuse but shall
35not identify the victim or perpetrator or circumstances of the
-504-1founded abuse.
23. On or after July 1, 1994, a A licensee or registrant
3shall inform all new applicants for employment of the
4possibility of the performance of a record check and shall
5obtain, from the applicant, a signed acknowledgment of the
6receipt of the information.
74. On or after July 1, 1994, a A licensee or registrant
8shall include the following inquiry in an application for
9employment:
10Do you have a record of founded child or dependent adult abuse
11or have you ever been convicted of a crime, in this state or any
12other state?
135. A person who serves as an unpaid volunteer in a child
14care facility shall not be required to complete training as a
15mandatory reporter of child abuse under section 232.69 or under
16any other requirement.
17 Sec. 743. Section 237A.6, Code 2023, is amended to read as
18follows:
19237A.6 Consultative services.
20The department shall, and the director of public health
21may provide consultative services to a person applying for
22a license or registration, or licensed or registered by the
23administrator under this chapter.
24 Sec. 744. Section 237A.8, Code 2023, is amended to read as
25follows:
26237A.8 Violations — actions against license or registration.
27The administrator department, after notice and opportunity
28for an evidentiary hearing before the department of inspections
29and appeals, may suspend or revoke a license or certificate of
30registration issued under this chapter or may reduce a license
31to a provisional license if the person to whom a license or
32certificate is issued violates a provision of this chapter or
33if the person makes false reports regarding the operation of
34the child care facility to the administrator or a designee of
35the administrator department. The administrator department
-505-1 shall notify the parent, guardian, or legal custodian of each
2child for whom the person provides child care at the time
3of action to suspend or revoke a license or certificate of
4registration.
5 Sec. 745. Section 237A.12, subsections 3 and 4, Code 2023,
6are amended to read as follows:
73. Rules relating to fire safety for child care centers
8shall be adopted under this chapter by the state fire marshal
9in consultation with the department. Rules adopted by the
10state fire marshal for a building which is owned or leased by a
11school district or accredited nonpublic school and used as a
12child care facility shall not differ from standards adopted by
13the state fire marshal for school buildings under chapter 100.
14Rules relating to sanitation shall be adopted by the department
15in consultation with the director of public health. All rules
16shall be developed in consultation with the state child care
17advisory committee. The state fire marshal shall inspect the
18facilities.
194. If a building is owned or leased by a school district
20or accredited nonpublic school and complies with standards
21adopted by the state fire marshal for school buildings under
22chapter 100, the building is considered appropriate for use by
23a child care facility. The rules adopted by the administrator
24 department under this section shall not require the facility
25to comply with building requirements which differ from
26requirements for use of the building as a school.
27 Sec. 746. Section 237A.14, subsection 4, Code 2023, is
28amended to read as follows:
294. The department of human services shall adopt rules
30pursuant to chapter 17A in accordance with this section.
31 Sec. 747. Section 237A.23, subsection 1, Code 2023, is
32amended to read as follows:
331. The departments department and the department of
34education, public health, and human services shall jointly
35establish a leadership council for child care training and
-506-1development in this state. In addition to representatives of
2the three departments, the leadership council shall include
3but is not limited to representatives of community colleges,
4institutions of higher learning under the state board of
5regents and private institutions of higher education, the
6Iowa cooperative extension service in agriculture and home
7economics, and child care resource and referral service
8agencies.
9 Sec. 748. Section 237A.25, subsection 1, Code 2023, is
10amended to read as follows:
111. The department shall develop consumer information
12material to assist parents in selecting a child care provider.
13In developing the material, the department shall consult with
14department of human services staff, department of education
15staff, the state child care advisory committee, the early
16childhood Iowa state board, and child care resource and
17referral services. In addition, the department may consult
18with other entities at the local, state, and national level.
19 Sec. 749. Section 237A.29, subsection 2, paragraph b,
20unnumbered paragraph 1, Code 2023, is amended to read as
21follows:
22A child care provider that has been found by the department
23of inspections and appeals in an administrative proceeding
24or in a judicial proceeding to have obtained, or has agreed
25to entry of a civil judgment or judgment by confession that
26includes a conclusion of law that the child care provider has
27obtained, by fraudulent means, public funding for provision of
28child care in an amount equal to or in excess of the minimum
29amount for a fraudulent practice in the second degree under
30section 714.10, subsection 1, paragraph “a”, shall be subject
31to sanction in accordance with this subsection. Such child
32care provider shall be subject to a period during which receipt
33of public funding for provision of child care is conditioned
34upon no further violations and to one or more of the following
35sanctions as determined by the department of human services:
-507-1 Sec. 750. Section 237A.30, subsection 1, Code 2023, is
2amended to read as follows:
31. The department shall work with the early childhood Iowa
4office in the department of management program established in
5section 256I.5 and the state child care advisory committee in
6designing and implementing a voluntary quality rating system
7for each provider type of child care facility.
8 Sec. 751. Section 237C.1, Code 2023, is amended to read as
9follows:
10237C.1 Definitions.
11As used in this chapter, unless the context otherwise
12requires:
131. “Administrator” means the administrator of that division
14of the department designated by the director of human services
15to administer this chapter or the administrator’s designee.
162. 1. “Child” or “children” means an individual or
17individuals under eighteen years of age.
183. 2. “Children’s residential facility” means a private
19facility designed to serve children who have been voluntarily
20placed for reasons other than an exclusively recreational
21activity outside of their home by a parent or legal guardian
22and who are not under the custody or authority of the
23department of human services, juvenile court, or another
24governmental agency, that provides twenty-four-hour care,
25including food, lodging, supervision, education, or other care
26on a full-time basis by a person other than a relative or
27guardian of the child, but does not include an entity providing
28any of the following:
29a. Care furnished by an individual who receives the child of
30a personal friend as an occasional and personal guest in the
31individual’s home, free of charge and not as a business.
32b. Care furnished by an individual with whom a child has
33been placed for lawful adoption, unless that adoption is not
34completed within two years after placement.
35c. Child care furnished by a child care facility as defined
-508-1in section 237A.1.
2d. Care furnished in a hospital licensed under chapter
3135B or care furnished in a health care facility as defined in
4section 135C.1.
5e. Care furnished by a juvenile detention home or juvenile
6shelter care home approved under section 232.142.
7f. Care furnished by a child foster care facility licensed
8under chapter 237.
9g. Care furnished by an institution listed in section 218.1.
10h. Care furnished by a facility licensed under chapter 125.
11i. Care furnished by a psychiatric medical institution for
12children licensed under chapter 135H.
134. 3. “Department” means the department of health and human
14services.
154. “Director” means the director of health and human
16services.
17 Sec. 752. Section 237C.3, subsection 1, Code 2023, is
18amended to read as follows:
191. The department of human services shall consult with the
20department of education, and the department of inspections
21and appeals, the department of public health, the state fire
22marshal, and other agencies as determined by the department
23of human services to establish certification standards for
24children’s residential facilities in accordance with this
25chapter.
26 Sec. 753. Section 237C.4, subsection 3, Code 2023, is
27amended to read as follows:
283. Rules governing sanitation, water, and waste disposal
29standards for children’s residential facilities shall be
30adopted by the department of human services in consultation
31with the director of public health.
32 Sec. 754. Section 237C.4, subsection 7, unnumbered
33paragraph 1, Code 2023, is amended to read as follows:
34Prior to establishing, proposing, adopting, or modifying a
35standard or rule under section 237C.3, this section, or section
-509-1282.34, the department of human services or the department of
2education, as applicable, shall, at a minimum, do all of the
3following:
4 Sec. 755. Section 237C.5, Code 2023, is amended to read as
5follows:
6237C.5 Certificate of approval — certification required.
7A person shall not operate a children’s residential facility
8without a certificate of approval to operate issued by the
9administrator department under this chapter.
10 Sec. 756. Section 237C.6, subsections 1 and 3, Code 2023,
11are amended to read as follows:
121. A person shall apply for a certificate to operate a
13children’s residential facility by completing and submitting
14to the administrator department an application in a form
15and format approved by the administrator department. The
16administrator department shall issue or reissue a certificate
17of approval if the administrator department determines that
18the applicant is or upon commencing operation will provide
19children’s residential facility services in compliance with
20this chapter. A certificate of approval is valid for up to one
21year from the date of issuance for the period determined by
22the administrator department in accordance with administrative
23rules providing criteria for making the determination.
243. The administrator department may deny an application
25for issuance or reissuance of a certificate of approval or
26suspend or revoke a certificate of approval if the applicant
27or certificate holder, as applicable, fails to comply with
28this chapter or the rules adopted pursuant to this chapter or
29knowingly makes a false statement concerning a material fact or
30conceals a material fact on the application for the issuance
31or reissuance of a certificate of approval or in a report
32regarding operation of the children’s residential facility
33submitted to the administrator department. All operations of a
34children’s residential facility shall cease during a period of
35suspension or revocation. The administrator department shall
-510-1suspend or revoke a certificate of approval of a children’s
2residential facility that fails to comply with section 282.34.
3 Sec. 757. Section 237C.8, Code 2023, is amended to read as
4follows:
5237C.8 Reports and inspections.
6The administrator department may require submission of
7reports by a certificate of approval holder and shall cause
8at least one annual unannounced inspection of a children’s
9residential facility to assess compliance with applicable
10requirements and standards. The inspections shall be conducted
11by the department of inspections and appeals in addition to
12initial, renewal, and other inspections that result from
13complaints or self-reported incidents. The department of
14inspections and appeals and the department of human services
15 may examine records of a children’s residential facility and
16may inquire into matters concerning the children’s residential
17facility and its employees, volunteers, and subcontractors
18relating to requirements and standards for children’s
19residential facilities under this chapter.
20 Sec. 758. Section 238.1, Code 2023, is amended to read as
21follows:
22238.1 Definitions.
23For the purpose of this chapter unless the context otherwise
24requires:
251. “Administrator” means the administrator of the division
26of child and family services of the department of human
27services.
282. 1. “Child” means the same as defined in section 234.1.
293. 2. “Child-placing agency” or “agency” means any agency,
30whether public, semipublic, or private, which represents that
31the agency places children permanently or temporarily in
32private family homes or receives children for placement in
33private family homes, or which actually engages for gain or
34otherwise in the placement of children in private family homes.
35“Agency” includes individuals, institutions, partnerships,
-511-1voluntary associations, and corporations, other than
2institutions under the management or control of the department.
33. “Council” means the council on health and human services.
44. “Department” means the department of health and human
5services.
65. “Director” means the director of health and human
7services.
84. “Person” or “agency” shall include individuals,
9institutions, partnerships, voluntary associations, and
10corporations, other than institutions under the management or
11control of any division or any administrator of the department
12of human services.
135. “State division” means the same as defined in section
14234.1.
15 Sec. 759. Section 238.3, Code 2023, is amended to read as
16follows:
17238.3 Authority to license.
18The administrator department may grant a license under this
19chapter for the period specified in section 238.9 for the
20conduct operation of any a child-placing agency in this state.
21 Sec. 760. Section 238.4, Code 2023, is amended to read as
22follows:
23238.4 Granting of license conditional.
24No such A license shall not be issued under this chapter
25 unless the person applying shall have shown applicant shows
26 that the person applicant and the person’s applicant’s agents
27are properly equipped by training and experience to find and
28select suitable temporary or permanent homes for children and
29to supervise such the homes when in which the children are
30placed in them, to the end that safeguard the health, morality,
31and general well-being of the children placed by them shall be
32properly safeguarded.
33 Sec. 761. Section 238.5, Code 2023, is amended to read as
34follows:
35238.5 License required.
-512- 1No A person shall conduct not operate a child-placing
2agency or solicit or receive funds for its the support of a
3child-placing agency without an unrevoked license issued by the
4administrator department within the preceding twelve months
5preceding to conduct such agency.
6 Sec. 762. Section 238.6, Code 2023, is amended to read as
7follows:
8238.6 Form of license.
9The license shall state the name of the licensee and the
10particular premises in which the business agency may be carried
11on operated.
12 Sec. 763. Section 238.7, Code 2023, is amended to read as
13follows:
14238.7 Posting of license.
15Such A license shall be kept posted in a conspicuous place on
16the licensed premises.
17 Sec. 764. Section 238.8, Code 2023, is amended to read as
18follows:
19238.8 Record of license.
20A record of the licenses so issued by the department under
21this chapter shall be kept maintained by the administrator
22 department.
23 Sec. 765. Section 238.10, Code 2023, is amended to read as
24follows:
25238.10 Revocation of license.
26The administrator department may, after due notice and
27hearing, revoke the license if any of the following applies:
281. In case the person to whom the same is issued The
29licensee violates any provision of this chapter.
302. When in the opinion of the administrator such the
31 agency is maintained in such a way as to waste or misuse funds
32contributed by the public or without due regard to sanitation
33or hygiene or to the health, comfort, or well-being of the
34child cared for or placed by the agency.
353. In case of violation by the The licensee or the
-513-1licensee’s agents of violate any law of the state in a manner
2disclosing moral turpitude or unfitness to maintain such the
3 agency.
44. In case any such The agency is conducted operated by a
5person of ill repute or bad moral character.
65. In case said The agency operates in persistent violation
7of the reasonable regulations of the administrator governing
8such agencies.
9 Sec. 766. Section 238.11, Code 2023, is amended to read as
10follows:
11238.11 Written charges — findings — notice.
12Written charges against the licensee shall be served upon
13the licensee at least ten days before a hearing shall be had
14thereon on the charges and a written copy of the findings
15and decisions of the administrator upon department following
16the hearing shall be served upon the licensee in the manner
17prescribed for the service of original notice in civil actions.
18 Sec. 767. Section 238.12, Code 2023, is amended to read as
19follows:
20238.12 Appeal — judicial review.
211. Any A licensee feeling aggrieved by any a decision of
22the administrator department revoking the licensee’s license
23may appeal to the council on human services in the manner of
24form prescribed by such the council. The council shall, upon
25receipt of such an appeal, give the licensee reasonable notice
26and opportunity for a fair hearing before such the council
27or its duly authorized representative or representatives.
28Following such the hearing the council on human services shall
29take its final action and notify the licensee in writing.
302. Judicial review of the actions of the council may be
31sought in accordance with the terms of the Iowa administrative
32procedure Act, chapter 17A.
33 Sec. 768. Section 238.16, Code 2023, is amended to read as
34follows:
35238.16 Rules and regulations.
-514- 1It shall be the duty of the administrator to provide such
2 The department shall prescribe general regulations and rules
3for the conduct of all such child-placing agencies as shall be
4 necessary to effect the purposes of this chapter and of all
5other applicable laws of the state relating to children so far
6as the same are applicable, and to safeguard the well-being of
7children placed or cared for by such agencies.
8 Sec. 769. Section 238.17, Code 2023, is amended to read as
9follows:
10238.17 Forms for registration and record — preservation and
11maintenance.
121. The administrator department shall prescribe forms for
13the registration and record of persons children cared for by
14any child-placing agency licensed under this chapter and for
15reports required by said administrator the department from the
16agencies.
172. If, for any reason, a child-placing agency as defined
18by section 238.1 shall cease ceases to exist, all records of
19registration and placement and all other records of any kind
20and character kept maintained by such the child-placing agency
21shall be turned over to the administrator department, for
22preservation, to be kept preserved and maintained by the said
23administrator department as a permanent record.
24 Sec. 770. Section 238.18, Code 2023, is amended to read as
25follows:
26238.18 Duty of licensee.
271. A child-placing agency licensed under this chapter shall
28keep maintain a record and make reports in the form to be
29 prescribed by the administrator department.
302. For a child being placed by the agency, the agency’s
31duties shall include compliance with the requirements of
32section 232.108 relating to visitation or ongoing interaction
33between the child and the child’s siblings.
34 Sec. 771. Section 238.19, Code 2023, is amended to read as
35follows:
-515- 1238.19 Inspection generally.
2Authorized employees of the department of inspections and
3appeals may inspect the premises and conditions of the agency
4at any time, and examine every part of the agency;, and may
5 inquire into all matters concerning the agency and the children
6in the care of the agency.
7 Sec. 772. Section 238.22, Code 2023, is amended to read as
8follows:
9238.22 Licensee to aid inspection.
10The licensees A licensee shall give provide all reasonable
11information to such inspectors authorized under this chapter
12 and afford them the inspectors every reasonable facility means
13 for obtaining pertinent information.
14 Sec. 773. Section 238.24, Code 2023, is amended to read as
15follows:
16238.24 Information confidential — exceptions.
171. Except as authorized by this section, a person who
18acquires under this chapter or from the records provided for in
19this chapter, information relative to any agency, or relative
20to any individual cared for by the agency, or relative to any
21 relative of the individual, shall not directly or indirectly
22disclose the information.
232. Disclosure of information acquired under this chapter
24or from the records provided for in this chapter is authorized
25under any of the following circumstances:
26a. Disclosure made upon inquiry before a court of law,
27or before some other tribunal, or for the information of the
28governor, general assembly, medical examiners, administrator,
29Iowa department of public health director, or the local board
30of health in the jurisdiction where the agency is located.
31b. Disclosure may be made by the administrator director to
32proper persons as may be in the interest of a child cared for by
33the agency or in the interest of the child’s parents or foster
34parents and not inimical to the child, or as may be necessary
35to protect the interests of the child’s prospective foster
-516-1parents. However, disclosure of termination and adoption
2records shall be governed by the provisions of sections 600.16
3and 600.16A.
4c. Disclosure for purposes of statistical analysis performed
5by duly authorized persons of data collected under this chapter
6or the publication of the results of such analysis in such
7manner as will not disclose confidential information.
8 Sec. 774. Section 238.31, Code 2023, is amended to read as
9follows:
10238.31 Inspection of foster homes.
11The administrator department shall be satisfied ensure that
12each licensed child-placing agency is maintaining maintains
13 proper standards in its work, and said administrator may at
14any time cause the child and home in which the child has been
15placed to be visited by the administrator’s director’s agents
16for the purpose of ascertaining whether the home is a suitable
17one for the child, and may continue to visit and inspect the
18foster home and the conditions therein in the foster home as
19they affect said the child.
20 Sec. 775. Section 238.32, Code 2023, is amended to read as
21follows:
22238.32 Authority to agencies.
23Any institution incorporated under the laws of this state
24or maintained for the purpose of caring for, placing out for
25adoption, or otherwise improving the condition of unfortunate
26children may, under the conditions An agency as specified
27in this chapter and when licensed in accordance with the
28provisions of this chapter may do any of the following:
291. Receive children in need of assistance, or delinquent
30 children who are under eighteen years of age, under commitment
31from found to have committed a delinquent act by the juvenile
32court, and control and dispose of them provide for the
33disposition of the children subject to the provisions of
34chapter 232 and chapter 600A.
352. Receive, control, and dispose and provide for the
-517-1disposition of all minor children voluntarily surrendered to
2such institutions the agency.
3 Sec. 776. Section 238.42, Code 2023, is amended to read as
4follows:
5238.42 Agreement in child placements.
6Every An agency placing a child in a foster home shall enter
7into a written agreement with the person taking the child,
8which. The agreement shall provide that the agency placing the
9child shall have access at all reasonable times to such the
10 child and to the home in which the child is living, and for the
11return of the child by the person taking may remove the child
12from the home whenever, in the opinion of the agency placing
13such child, or in the opinion of the administrator department,
14removal is in the best interests of the child shall require it.
15 Sec. 777. Section 238.45, Code 2023, is amended to read as
16follows:
17238.45 Penalty.
18Every A person who violates any of the provisions provision
19 of this chapter or who intentionally shall make makes any false
20statements or reports to the administrator with reference to
21the matters contained herein department relative to a provision
22of this chapter, shall be is guilty of a fraudulent practice.
23 Sec. 778. Section 239A.2, unnumbered paragraph 1, Code
242023, is amended to read as follows:
25The department of workforce development, in consultation
26with the director of health and human services, shall establish
27a procedure for assignment of persons referred under section
28239A.1 to positions available in public works projects. The
29department of workforce development shall arrange with units of
30local government for establishment of such projects, which may
31include any type of work or endeavor that is within the scope
32of authority of the unit of local government involved so long
33as the project meets the following requirements:
34 Sec. 779. Section 239B.1, subsection 4, Code 2023, is
35amended to read as follows:
-518- 14. “Department” means the department of health and human
2services.
3 Sec. 780. Section 239B.1, Code 2023, is amended by adding
4the following new subsection:
5 NEW SUBSECTION. 4A. “Director” means the director of health
6and human services.
7 Sec. 781. Section 239B.2, subsection 6, Code 2023, is
8amended to read as follows:
96. Cooperation with child support requirements. The
10department shall provide for prompt notification of the
11department’s child support recovery unit services if assistance
12is provided to a child whose parent is absent from the home.
13An applicant or participant shall cooperate with the child
14support recovery unit services and the department as provided
15in 42 U.S.C. §608(a)(2) unless the applicant or participant
16qualifies for good cause or other exception as determined
17by the department in accordance with the best interest of
18the child, parent, or specified relative, and with standards
19prescribed by rule. The authorized good cause or other
20exceptions shall include participation in a family investment
21agreement safety plan option to address or prevent family or
22domestic violence and other consideration given to the presence
23of family or domestic violence. If a specified relative with
24whom a child is residing fails to comply with these cooperation
25requirements, a sanction shall be imposed as defined by rule in
26accordance with state and federal law.
27 Sec. 782. Section 239B.8, subsection 6, Code 2023, is
28amended to read as follows:
296. Confidential information disclosure. If approved by
30the director of human services or the director’s designee
31pursuant to a written request, the department shall disclose
32confidential information described in section 217.30,
33subsection 2, to other state agencies or to any other entity
34which is not subject to the provisions of chapter 17A and is
35providing services to a participant family who is subject to
-519-1a family investment agreement, if necessary in order for the
2participant family to receive the services. The department
3shall adopt rules establishing standards for disclosure of
4confidential information if disclosure is necessary in order
5for a participant to receive services.
6 Sec. 783. Section 239B.9, subsection 1, paragraph a, Code
72023, is amended to read as follows:
8a. If a participant responsible for signing and fulfilling
9the terms of a family investment agreement, as defined by the
10director of human services in accordance with section 239B.8,
11chooses not to sign or fulfill the terms of the agreement, the
12participant’s family, or the individual participant shall enter
13into a limited benefit plan. Initial actions in a written
14statement under section 239B.2, subsection 4, which were
15committed to by a participant during the application period
16and which commitment remains in effect, shall be considered to
17be a term of the participant’s family investment agreement.
18A limited benefit plan shall apply for the period of time
19specified in this section. The first month of the limited
20benefit plan is the first month after the month in which timely
21and adequate notice of the limited benefit plan is given to the
22participant as defined by the director of human services. The
23elements of a limited benefit plan shall be specified in the
24department’s rules.
25 Sec. 784. Section 239B.9, subsection 3, paragraphs a and c,
26Code 2023, are amended to read as follows:
27a. A participant who does not establish an orientation
28appointment with the JOBS program or who fails to keep or
29reschedule an orientation appointment shall receive a reminder
30letter which informs the participant that those who do not
31attend orientation have elected to choose a limited benefit
32plan. A participant who chooses not to respond to the reminder
33letter within ten calendar days from the mailing date shall
34receive notice establishing the effective date of the limited
35benefit plan. If a participant is deemed to have chosen a
-520-1limited benefit plan, timely and adequate notice provisions, as
2determined by the director of human services, shall apply.
3c. A participant who has signed a family investment
4agreement but then chooses a limited benefit plan under
5circumstances defined by the director of human services.
6 Sec. 785. Section 239B.12, Code 2023, is amended to read as
7follows:
8239B.12 Immunization.
91. To the extent feasible, the department shall determine
10the immunization status of children receiving assistance under
11this chapter. The status shall be determined in accordance
12with the immunization recommendations adopted by the Iowa
13department of public health under section 139A.8, including the
14exemption provisions in section 139A.8, subsection 4. If the
15department determines a child is not in compliance with the
16immunization recommendations, the department shall refer the
17child’s parent or guardian to a local public health agency for
18immunization services for the child and other members of the
19child’s family.
202. The department of human services shall cooperate with the
21Iowa department of public health to establish an interagency
22agreement allowing the sharing of pertinent client data, as
23permitted under federal law and regulation, for the purposes
24of determining determine immunization rates of participants,
25evaluating evaluate family investment program efforts to
26encourage immunizations, and developing develop strategies to
27further encourage immunization of participants.
28 Sec. 786. Section 239B.16, Code 2023, is amended to read as
29follows:
30239B.16 Appeal — judicial review.
31If an applicant’s application is not acted upon within
32a reasonable time, if it is denied in whole or in part, or
33if a participant’s assistance or other benefits under this
34chapter are modified, suspended, or canceled under a provision
35of this chapter, the applicant or participant may appeal to
-521-1the department of human services which shall request the
2department of inspections and appeals to conduct a hearing.
3Upon completion of a hearing, the department of inspections
4and appeals shall issue a decision which is subject to review
5by the department of human services. Judicial review of the
6actions of the department of human services may be sought in
7accordance with chapter 17A. Upon receipt of a notice of
8the filing of a petition for judicial review, the department
9of human services shall furnish the petitioner with a copy
10of any papers filed in support of the petitioner’s position,
11a transcript of any testimony taken, and a copy of the
12department’s decision.
13 Sec. 787. Section 239B.17, subsection 1, Code 2023, is
14amended to read as follows:
151. Program established. The promoting independence and
16self-sufficiency through employment job opportunities and basic
17skills program is established for applicants and participants
18of the family investment program. The requirements of the
19JOBS program shall vary as provided in the family investment
20agreement applicable to a family. The department of workforce
21development, economic development authority, department of
22education, and all other state, county, and public educational
23agencies and institutions providing vocational rehabilitation,
24adult education, or vocational or technical training shall
25assist and cooperate in the JOBS program. The departments,
26agencies, and institutions shall make agreements and
27arrangements for maximum cooperation and use of all available
28resources in the program. The department of human services
29 may contract with the department of workforce development, the
30economic development authority, or another appropriate entity
31to provide JOBS program services.
32 Sec. 788. Section 241.1, Code 2023, is amended to read as
33follows:
34241.1 Definitions.
35As used in this chapter, unless the context otherwise
-522-1requires:
21. “Department” means the department of health and human
3services.
42. “Director” means the director of health and human
5services.
61. 3. “Displaced homemaker” means an individual who meets
7all of the following criteria:
8a. Has worked principally in the home providing unpaid
9household services for family members.
10b. Is not gainfully employed.
11c. Has had, or would apparently have, difficulty finding
12appropriate paid employment.
13d. Has been dependent on the income of another family
14member but is no longer supported by that income, is or has
15been dependent on government assistance, or is supported as the
16parent of a child who is sixteen or seventeen years of age.
172. “Department” means the department of human services.
183. “Director” means the director of the department of human
19services.
20 Sec. 789. Section 241.3, subsection 2, Code 2023, is amended
21to read as follows:
222. The department shall consult and cooperate with the
23department of workforce development, the United States
24commissioner of social security administration, the office on
25the status of women of the department of human rights, the
26department of education, and other persons in the executive
27branch of the state government as the department considers
28appropriate to facilitate the coordination of multipurpose
29service programs established under this chapter with existing
30programs of a similar nature.
31 Sec. 790. Section 249.1, Code 2023, is amended to read as
32follows:
33249.1 Definitions.
34As used in this chapter:
351. “Council” means the council on health and human services.
-523- 11. 2. “Department” means the department of health and human
2services.
32. 3. “Director” means the director of health and human
4services.
53. 4. “Federal supplemental security income” means cash
6payments made to individuals by the United States government
7under Tit.XVI of the Social Security Act as amended by Pub.L.
8No.92-603, or any other amendments thereto.
94. 5. “Previous categorical assistance programs” means the
10aid to the blind program authorized by chapter 241, the aid to
11the disabled program authorized by chapter 241A and the old-age
12assistance program authorized by chapter 249, Code 1973.
135. 6. “State supplementary assistance” means cash payments
14made to individuals:
15a. By the United States government on behalf of the state of
16Iowa pursuant to section 249.2.
17b. By the state of Iowa directly pursuant to sections 249.3
18through 249.5.
19 Sec. 791. Section 249.4, subsection 1, Code 2023, is amended
20to read as follows:
211. Applications for state supplementary assistance shall be
22made in the form and manner prescribed by the director or the
23director’s designee, with the approval of the council on human
24services, pursuant to chapter 17A. Each person who so applies
25and is found eligible under section 249.3 shall, so long as the
26person’s eligibility continues, receive state supplementary
27assistance on a monthly basis, from funds appropriated to the
28department for the purpose.
29 Sec. 792. Section 249.5, Code 2023, is amended to read as
30follows:
31249.5 Judicial review.
32If an application is not acted upon within a reasonable
33time, if it is denied in whole or in part, or if an award
34of assistance is modified, suspended, or canceled under a
35provision of this chapter, the applicant or recipient may
-524-1appeal to the department of human services, which shall
2request the department of inspections and appeals to conduct
3a hearing. Upon completion of a hearing, the department of
4inspections and appeals shall issue a decision which is subject
5to review by the department of human services. Judicial
6review of the actions of the department of human services
7 may be sought in accordance with chapter 17A. Upon receipt
8of the petition for judicial review, the department of human
9services shall furnish the petitioner with a copy of any
10papers filed by the petitioner in support of the petitioner’s
11position, a transcript of any testimony taken, and a copy of
12the department’s decision.
13 Sec. 793. Section 249.8, Code 2023, is amended to read as
14follows:
15249.8 Cancellation of warrants.
16The director of the department of administrative services,
17as of January, April, July, and October 1 of each year, shall
18stop payment on and issue duplicates of all state supplementary
19assistance warrants which have been outstanding and unredeemed
20by the treasurer of state for six months or longer. No A bond
21of indemnity shall not be required for the issuance of such
22 the duplicate warrants which shall be canceled immediately by
23the director of the department of administrative services. If
24the original warrants are subsequently presented for payment,
25warrants in lieu thereof of the original warrants shall be
26issued by the director of the department of administrative
27services at the discretion of and upon certification by the
28director of human services or the director’s designee.
29 Sec. 794. Section 249.11, subsection 2, Code 2023, is
30amended to read as follows:
312. The department of inspections and appeals shall conduct
32investigations and audits as deemed necessary to ensure
33compliance with state supplementary assistance programs
34administered under this chapter. The department of inspections
35and appeals shall cooperate with the department of human
-525-1services on the development of procedures relating to such
2investigations and audits to ensure compliance with federal and
3state single state agency requirements.
4 Sec. 795. Section 249.12, subsections 1 and 2, Code 2023,
5are amended to read as follows:
61. In order to assure that the necessary data is available
7to aid the general assembly to determine appropriate funding
8for the custodial care program, the department of human
9services shall develop a cost-related system for financial
10supplementation to individuals who need custodial care and who
11have insufficient resources to purchase the care needed.
122. All privately operated licensed custodial facilities in
13Iowa shall cooperate with the department of human services to
14develop the cost-related plan.
15 Sec. 796. Section 249A.2, subsections 1 and 2, Code 2023,
16are amended to read as follows:
171. “Department” means the department of health and human
18services.
192. “Director” means the director of health and human
20services.
21 Sec. 797. Section 249A.4, subsection 10, paragraph c,
22subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
23to read as follows:
24A nursing facility that utilizes the supplementation option
25and receives supplementation under this subsection during any
26calendar year shall report to the department of human services
27 annually, by January 15, the following information for the
28preceding calendar year:
29 Sec. 798. Section 249A.4, subsection 11, Code 2023, is
30amended to read as follows:
3111. Shall provide an opportunity for a fair hearing before
32the department of inspections and appeals to an individual
33whose claim for medical assistance under this chapter is
34denied or is not acted upon with reasonable promptness. Upon
35completion of a hearing, the department of inspections and
-526-1appeals shall issue a decision which is subject to review by
2the department of human services. Judicial review of the
3decisions of the department of human services may be sought in
4accordance with chapter 17A. If a petition for judicial review
5is filed, the department of human services shall furnish the
6petitioner with a copy of the application and all supporting
7papers, a transcript of the testimony taken at the hearing, if
8any, and a copy of its decision.
9 Sec. 799. Section 249A.4B, Code 2023, is amended to read as
10follows:
11249A.4B Medical assistance advisory council.
121. A medical assistance advisory council is created to
13comply with 42 C.F.R. §431.12 based on section 1902(a)(4) of
14the federal Social Security Act and to advise the director
15about health and medical care services under the medical
16assistance program. The council shall meet no more than
17quarterly. The director of director’s designee responsible
18for public health or their designee and a public member of the
19council selected by the public members of the council shall
20serve as co-chairpersons of the council.
212. a. The council shall consist of the following voting
22members:
23(1) Five professional or business entity members selected
24by the entities specified pursuant to subsection 3, paragraph
25“a”.
26(2) Five public members appointed pursuant to subsection 3,
27paragraph “b”. Of the five public members, at least one member
28shall be a recipient of medical assistance.
29b. The council shall include all of the following nonvoting
30members:
31(1) The director of public health, or the director’s
32designee responsible for public health or their designee.
33(2) The director of the department on aging, or the
34director’s designee.
35(3) (2) The long-term care ombudsman, or the long-term care
-527-1ombudsman’s designee.
2(4) (3) The dean of Des Moines university — college of
3 osteopathic medical center medicine, or the dean’s designee.
4(5) (4) The dean of the university of Iowa college of
5medicine, or the dean’s designee.
6(6) (5) A member of the hawk-i Hawki board created in
7section 514I.5, selected by the members of the hawk-i Hawki
8 board.
9(7) (6) The following members of the general assembly, each
10for a term of two years as provided in section 69.16B:
11(a) Two members of the house of representatives, one
12appointed by the speaker of the house of representatives
13and one appointed by the minority leader of the house of
14representatives from their respective parties.
15(b) Two members of the senate, one appointed by the
16president of the senate after consultation with the majority
17leader of the senate and one appointed by the minority leader
18of the senate.
193. The voting membership of the council shall be selected
20or appointed as follows:
21a. The five professional or business entity members shall
22be selected by the entities specified under this paragraph
23“a”. The five professional or business entity members selected
24shall be the president, or the president’s representative,
25of the professional or business entity, or a member of the
26professional or business entity, designated by the entity.
27(1) The Iowa medical society.
28(2) The Iowa osteopathic medical association.
29(3) The Iowa academy of family physicians.
30(4) The Iowa chapter of the American academy of pediatrics.
31(5) The Iowa physical therapy association.
32(6) The Iowa dental association.
33(7) The Iowa nurses association.
34(8) The Iowa pharmacy association.
35(9) The Iowa podiatric medical society.
-528- 1(10) The Iowa optometric association.
2(11) The Iowa association of community providers.
3(12) The Iowa psychological association.
4(13) The Iowa psychiatric society.
5(14) The Iowa chapter of the national association of social
6workers.
7(15) The coalition for family and children’s services in
8Iowa.
9(16) The Iowa hospital association.
10(17) The Iowa association of rural health clinics.
11(18) The Iowa primary care association.
12(19) Free clinics of Iowa.
13(20) The opticians’ association of Iowa, inc.
14(21) The Iowa association of hearing health professionals.
15(22) The Iowa speech and hearing association.
16(23) The Iowa health care association.
17(24) The Iowa association of area agencies on aging.
18(25) AARP.
19(26) The Iowa caregivers association.
20(27) Leading age Iowa.
21(28) The Iowa association for home care.
22(29) The Iowa council of health care centers.
23(30) The Iowa physician assistant society.
24(31) The Iowa association of nurse practitioners.
25(32) The Iowa nurse practitioner society.
26(33) The Iowa occupational therapy association.
27(34) The ARC of Iowa, formerly known as the association for
28retarded citizens of Iowa.
29(35) The national alliance on mental illness.
30(36) The Iowa state association of counties.
31(37) The Iowa developmental disabilities council.
32(38) The Iowa chiropractic society.
33(39) The Iowa academy of nutrition and dietetics.
34(40) The Iowa behavioral health association.
35(41) The midwest association for medical equipment services
-529-1or an affiliated Iowa organization.
2b. The five public members shall be public representatives
3which may include members of consumer groups, including
4recipients of medical assistance or their families, consumer
5organizations, and others, appointed by the governor for
6staggered terms of two years each, none of whom shall be
7members of, or practitioners of, or have a pecuniary interest
8in any of the professional or business entities specifically
9represented under paragraph “a”.
104. Based upon the deliberations of the council, the council
11shall make recommendations to the director regarding the
12budget, policy, and administration of the medical assistance
13program.
145. For each council meeting, other than those held during
15the time the general assembly is in session, each legislative
16member of the council shall be reimbursed for actual travel
17and other necessary expenses and shall receive a per diem as
18specified in section 7E.6 for each day in attendance, as shall
19the members of the council who are recipients or the family
20members of recipients of medical assistance, regardless of
21whether the general assembly is in session.
226. The department shall provide staff support and
23independent technical assistance to the council.
247. The director shall consider the recommendations offered
25by the council in the director’s preparation of medical
26assistance budget recommendations to the council on health and
27 human services pursuant to section 217.3 and in implementation
28of medical assistance program policies.
29 Sec. 800. Section 249A.11, Code 2023, is amended to read as
30follows:
31249A.11 Payment for patient care segregated.
32A state resource center or mental health institute, upon
33receipt of any payment made under this chapter for the care of
34any patient, shall segregate an amount equal to that portion of
35the payment which is required by law to be made from nonfederal
-530-1funds. The money segregated shall be deposited in the medical
2assistance fund of the department of human services.
3 Sec. 801. Section 249A.12, subsection 5, paragraph b, Code
42023, is amended to read as follows:
5b. The department of human services shall seek federal
6approval to amend the home and community-based services waiver
7for persons with an intellectual disability to include day
8habilitation services. Inclusion of day habilitation services
9in the waiver shall take effect upon receipt of federal
10approval.
11 Sec. 802. Section 249A.15A, subsection 4, Code 2023, is
12amended to read as follows:
134. The department shall adopt rules pursuant to chapter 17A
14entitling alcohol and drug counselors who are certified by the
15nongovernmental Iowa board of substance abuse certification to
16payment for behavioral health services provided to recipients
17of medical assistance, subject to limitations and exclusions
18the department finds necessary on the basis of federal laws and
19regulations.
20 Sec. 803. Section 249A.21, subsection 9, Code 2023, is
21amended to read as follows:
229. The department of human services may procure a sole
23source contract to implement the provisions of this section.
24 Sec. 804. Section 249A.24, subsection 2, unnumbered
25paragraph 1, Code 2023, is amended to read as follows:
26In addition to any other duties prescribed, the commission
27shall make recommendations to the council on health and human
28services regarding strategies to reduce state expenditures
29for prescription drugs under the medical assistance program
30excluding provider reimbursement rates. The commission shall
31make initial recommendations to the council by October 1, 2002.
32 Following approval of any recommendation by the council on
33health and human services, the department shall include the
34approved recommendation in a notice of intended action under
35chapter 17A and shall comply with chapter 17A in adopting
-531-1any rules to implement the recommendation. The department
2shall seek any federal waiver necessary to implement any
3approved recommendation. The strategies to be considered for
4recommendation by the commission shall include at a minimum all
5of the following:
6 Sec. 805. Section 249A.26, subsection 2, paragraph a, Code
72023, is amended to read as follows:
8a. Except as provided for disallowed costs in section
9249A.27, the state shall pay one hundred percent of the
10nonfederal share of the cost of case management provided to
11adults, day treatment, and partial hospitalization provided
12under the medical assistance program for persons with an
13intellectual disability, a developmental disability, or
14chronic mental illness. For purposes of this section, persons
15with mental disorders resulting from Alzheimer’s disease
16or a substance-related substance use disorder shall not be
17considered to be persons with chronic mental illness.
18 Sec. 806. Section 249A.29, Code 2023, is amended to read as
19follows:
20249A.29 Home and community-based services waiver providers
21— records checks.
221. For purposes of this section and section 249A.30 unless
23the context otherwise requires:
24a. “Consumer” means an individual approved by the department
25to receive services under a waiver.
26b. “Provider” means an agency certified by the department to
27provide services under a waiver.
28c. “Waiver” means a home and community-based services waiver
29approved by the federal government and implemented under the
30medical assistance program.
312. If a person is being considered by a provider for
32employment involving direct responsibility for a consumer or
33with access to a consumer when the consumer is alone, and
34if the person has been convicted of a crime or has a record
35of founded child or dependent adult abuse, the record check
-532-1evaluation system of the department shall perform an evaluation
2to determine whether the crime or founded abuse warrants
3prohibition of employment by the provider. The department
4 record check evaluation system shall conduct criminal and child
5and dependent adult abuse records checks of the person in
6this state and may conduct these checks in other states. The
7records checks and evaluations required by this section shall
8be performed in accordance with procedures adopted for this
9purpose by the department.
103. If the department record check evaluation system
11 determines that a person employed by a provider has committed
12a crime or has a record of founded abuse, the department
13 record check evaluation system shall perform an evaluation to
14determine whether prohibition of the person’s employment is
15warranted.
164. In an evaluation, the department record check evaluation
17system shall consider the nature and seriousness of the crime
18or founded abuse in relation to the position sought or held,
19the time elapsed since the commission of the crime or founded
20abuse, the circumstances under which the crime or founded abuse
21was committed, the degree of rehabilitation, the likelihood
22that the person will commit the crime or founded abuse again,
23and the number of crimes or founded abuses committed by the
24person involved. The department record check evaluation
25system may permit a person who is evaluated to be employed
26or to continue to be employed by the provider if the person
27complies with the department’s record check evaluation system’s
28 conditions relating to the employment, which may include
29completion of additional training.
305. If the department record check evaluation system
31 determines that the person has committed a crime or has
32a record of founded abuse which warrants prohibition of
33employment, the person shall not be employed by a provider.
34 Sec. 807. Section 249A.32B, Code 2023, is amended to read
35as follows:
-533- 1249A.32B Early and periodic screening, diagnosis, and
2treatment funding.
3The department of human services, in consultation with
4the Iowa department of public health and the department of
5education, shall continue the program to utilize the early and
6periodic screening, diagnosis, and treatment program funding
7under the medical assistance program, to the extent possible,
8to implement the screening component of the early and periodic
9screening, diagnosis, and treatment program through the
10schools. The department may enter into contracts to utilize
11maternal and child health centers, the public health nursing
12program, or school nurses in implementing this section.
13 Sec. 808. Section 249A.33, subsection 1, Code 2023, is
14amended to read as follows:
151. A pharmaceutical settlement account is created in
16the state treasury under the authority of the department of
17human services. Moneys received from settlements relating
18to provision of pharmaceuticals under the medical assistance
19program shall be deposited in the account.
20 Sec. 809. Section 249A.37, subsection 1, paragraph a, Code
212023, is amended to read as follows:
22a. Provide, with respect to individuals who are eligible
23for or are provided medical assistance under the state’s
24medical assistance state plan, upon the request of the state,
25information to determine during what period the individual or
26the individual’s spouse or dependents may be or may have been
27covered by a health insurer and the nature of the coverage that
28is or was provided by the health insurer, including the name,
29address, and identifying number of the plan, in accordance
30with section 505.25, in a manner prescribed by the department
31of human services or as agreed upon by the department and the
32entity specified in this section.
33 Sec. 810. Section 249A.37, subsection 2, Code 2023, is
34amended to read as follows:
352. The department of human services may adopt rules pursuant
-534-1to chapter 17A as necessary to implement this section. Rules
2governing the exchange of information under this section shall
3be consistent with all laws, regulations, and rules relating
4to the confidentiality or privacy of personal information or
5medical records, including but not limited to the federal
6Health Insurance Portability and Accountability Act of 1996,
7Pub.L. No.104-191, and regulations promulgated in accordance
8with that Act and published in 45 C.F.R. pts.160 – 164.
9 Sec. 811. Section 249A.48, Code 2023, is amended to read as
10follows:
11249A.48 Temporary moratoria.
121. The Iowa Medicaid enterprise program shall impose a
13temporary moratorium on the enrollment of new providers or
14provider types identified by the centers for Medicare and
15Medicaid services of the United States department of health
16and human services as posing an increased risk to the medical
17assistance Medicaid program.
18a. This section shall not be interpreted to require the
19Iowa Medicaid enterprise program to impose a moratorium if the
20Iowa Medicaid enterprise program determines that imposition
21of a temporary moratorium would adversely affect access of
22recipients to medical assistance services.
23b. If the Iowa Medicaid enterprise program makes a
24determination as specified in paragraph “a”, the Iowa Medicaid
25enterprise program shall notify the centers for Medicare and
26Medicaid services of the United States department of health and
27human services in writing.
282. The Iowa Medicaid enterprise program may impose a
29temporary moratorium on the enrollment of new providers, or
30impose numerical caps or other limits that the Iowa Medicaid
31enterprise program and the centers for Medicare and Medicaid
32services identify as having a significant potential for fraud,
33waste, or abuse.
34a. Before implementing the moratorium, caps, or other
35limits, the Iowa Medicaid enterprise program shall determine
-535-1that its action would not adversely impact access by recipients
2to medical assistance Medicaid services.
3b. The Iowa Medicaid enterprise program shall notify, in
4writing, the centers for Medicare and Medicaid services, if the
5Iowa Medicaid enterprise program seeks to impose a moratorium
6under this subsection, including all of the details of the
7moratorium. The Iowa Medicaid enterprise program shall receive
8approval from the centers for Medicare and Medicaid services
9prior to imposing a moratorium under this subsection.
103. a. The Iowa Medicaid enterprise program shall impose any
11moratorium for an initial period of six months.
12b. If the Iowa Medicaid enterprise program determines that
13it is necessary, the Iowa Medicaid enterprise program may
14extend the moratorium in six-month increments. Each time a
15moratorium is extended, the Iowa Medicaid enterprise program
16 shall document, in writing, the necessity for extending the
17moratorium.
18 Sec. 812. Section 249A.50, 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 the medical assistance program administered
23under this chapter. The department of inspections and appeals
24shall cooperate with the department of human services on the
25development of procedures relating to such investigations and
26audits to ensure compliance with federal and state single state
27agency requirements.
28 Sec. 813. Section 249B.1, subsection 4, Code 2023, is
29amended to read as follows:
304. “Department” means the department of health and human
31services.
32 Sec. 814. Section 249F.1, Code 2023, is amended to read as
33follows:
34249F.1 Definitions.
35As used in this chapter, unless the context otherwise
-536-1requires:
21. “Department” means the department of health and human
3services.
41. 2. “Medical assistance” means “mandatory medical
5assistance”, “optional medical assistance”, “discretionary
6medical assistance”, or “Medicare cost sharing” as each is
7defined in section 249A.2 which is provided to an individual
8pursuant to chapter 249A and Tit.XIX of the federal Social
9Security Act.
102. 3. a. “Transfer of assets” means any transfer or
11assignment of a legal or equitable interest in property, as
12defined in section 702.14, from a transferor to a transferee
13for less than fair consideration, made while the transferor
14is receiving medical assistance or within five years prior to
15application for medical assistance by the transferor. Any
16such transfer or assignment is presumed to be made with the
17intent, on the part of the transferee; transferor; or another
18person acting on behalf of a transferor who is an actual or
19implied agent, guardian, attorney-in-fact, or person acting as
20a fiduciary, of enabling the transferor to obtain or maintain
21eligibility for medical assistance or of impacting the recovery
22or payment of a medical assistance debt. This presumption
23is rebuttable only by clear and convincing evidence that
24the transferor’s eligibility or potential eligibility for
25medical assistance or the impact on the recovery or payment
26of a medical assistance debt was no part of the reason of
27the transferee; transferor; or other person acting on behalf
28of a transferor who is an actual or implied agent, guardian,
29attorney-in-fact, or person acting as a fiduciary for making
30or accepting the transfer or assignment. A transfer of assets
31includes a transfer of an interest in the transferor’s home,
32domicile, or land appertaining to such home or domicile
33while the transferor is receiving medical assistance, unless
34otherwise exempt under paragraph “b”.
35b. However, transfer of assets does not include the
-537-1following:
2(1) Transfers to or for the sole benefit of the
3transferor’s spouse, including a transfer to a spouse by an
4institutionalized spouse pursuant to section 1924(f)(1) of the
5federal Social Security Act.
6(2) Transfers to or for the sole benefit of the transferor’s
7child who is blind or has a disability as defined in section
81614 of the federal Social Security Act.
9(3) Transfer of a dwelling, which serves as the transferor’s
10home as defined in 20 C.F.R. §416.1212, to a child of the
11transferor under twenty-one years of age.
12(4) Transfer of a dwelling, which serves as the transferor’s
13home as defined in 20 C.F.R. §416.1212, after the transferor is
14institutionalized, to either of the following:
15(a) A sibling of the transferor who has an equity interest
16in the dwelling and who was residing in the dwelling for a
17period of at least one year immediately prior to the date the
18transferor became institutionalized.
19(b) A child of the transferor who was residing in the
20dwelling for a period of at least two years immediately prior
21to the date the transferor became institutionalized and who
22provided care to the transferor which permitted the transferor
23to reside at the dwelling rather than in an institution or
24facility.
25(5) Transfers of less than two thousand dollars. However,
26all transfers by the same transferor during the five-year
27period prior to application for medical assistance by the
28transferor shall be aggregated. If a transferor transfers
29property to more than one transferee during the five-year
30period prior to application for medical assistance by the
31transferor, the two thousand dollar exemption shall be divided
32equally between the transferees.
33(6) Transfers of assets that would, at the time of the
34transferor’s application for medical assistance, have been
35exempt from consideration as a resource if retained by the
-538-1transferor, pursuant to 42 U.S.C. §1382b(a), as implemented
2by regulations adopted by the secretary of the United States
3department of health and human services, excluding the home and
4land appertaining to the home.
5(7) Transfers to a trust established solely for the benefit
6of the transferor’s child who is blind or permanently and
7totally disabled as defined in the federal Social Security Act,
8section 1614, as codified in 42 U.S.C. §1382c.
9(8) Transfers to a trust established solely for the benefit
10of an individual under sixty-five years of age who is disabled,
11as defined in the federal Social Security Act, section 1614, as
12codified in 42 U.S.C. §1382c.
133. 4. “Transferee” means the person who receives a transfer
14of assets.
154. 5. “Transferor” means the person who makes a transfer
16of assets.
17 Sec. 815. Section 249F.2, Code 2023, is amended to read as
18follows:
19249F.2 Creation of debt.
20A transfer of assets creates a debt due and owing to the
21department of human services from the transferee in an amount
22equal to medical assistance provided to or on behalf of the
23transferor, on or after the date of the transfer of assets, but
24not exceeding the fair market value of the assets at the time
25of the transfer.
26 Sec. 816. Section 249F.3, Code 2023, is amended to read as
27follows:
28249F.3 Notice of debt — failure to respond — hearing —
29order.
301. The department of human services may issue a notice
31establishing and demanding payment of an accrued or accruing
32debt due and owing to the department of human services as
33provided in section 249F.2. The notice shall be sent by
34restricted certified mail as defined in section 618.15, to
35the transferee at the transferee’s last known address. If
-539-1service of the notice is unable to be completed by restricted
2certified mail, the notice shall be served upon the transferee
3in accordance with the rules of civil procedure. The notice
4shall include all of the following:
5a. The amount of medical assistance provided to the
6transferor to date which creates the debt.
7b. A computation of the debt due and owing.
8c. A demand for immediate payment of the debt.
9d. (1) A statement that if the transferee desires to
10discuss the notice, the transferee, within ten days after
11being served, may contact the department of human services and
12request an informal conference.
13(2) A statement that if a conference is requested, the
14transferee has until ten days after the date set for the
15conference or until twenty days after the date of service of
16the original notice, whichever is later, to send a request for
17a hearing to the department of human services.
18(3) A statement that after the holding of the conference,
19the department of human services may issue a new notice to
20be sent to the transferee by first-class mail addressed to
21the transferee at the transferee’s last known address, or if
22applicable, to the transferee’s attorney at the last known
23address of the transferee’s attorney.
24(4) A statement that if the department of human services
25 issues a new notice, the transferee has until ten days after
26the date of mailing of the new notice or until twenty days
27after the date of service of the original notice, whichever is
28later, to send a request for a hearing to the department of
29human services.
30e. A statement that if the transferee objects to all or any
31part of the original notice and no conference is requested, the
32transferee has until twenty days after the date of service of
33the original notice to send a written response setting forth
34any objections and requesting a hearing to the department of
35human services.
-540- 1f. A statement that if a timely written request for a
2hearing is received by the department of human services, the
3transferee has the right to a hearing to be held in district
4court as provided in section 249F.4; and that if no timely
5written request for hearing is received, the department of
6human services will enter an order in accordance with the
7latest notice.
8g. A statement that as soon as the order is entered, the
9property of the transferee is subject to collection action,
10including but not limited to wage withholding, garnishment,
11attachment of a lien, or execution.
12h. A statement that the transferee must notify the
13department of human services of any change of address or
14employment.
15i. A statement that if the transferee has any questions
16concerning the transfer of assets, the transferee should
17contact the department of human services or consult an
18attorney.
19j. Other information as the department of human services
20 finds appropriate.
212. If a timely written request for hearing is received by
22the department of human services, a hearing shall be held in
23district court.
243. If a timely written request for hearing is not received
25by the department of human services, the department may enter
26an order in accordance with the latest notice, and the order
27shall specify all of the following:
28a. The amount to be paid with directions as to the manner
29of payment.
30b. The amount of the debt accrued and accruing in favor of
31the department of human services.
32c. Notice that the property of the transferee is subject
33to collection action, including but not limited to wage
34withholding, garnishment, attachment of a lien, and execution.
354. The transferee shall be sent a copy of the order
-541-1by first-class mail addressed to the transferee at the
2transferee’s last known address, or if applicable, to the
3transferee’s attorney at the last known address of the
4transferee’s attorney. The order is final, and action by the
5department of human services to enforce and collect upon the
6order may be taken from the date of the issuance of the order.
7 Sec. 817. Section 249F.4, subsections 1 and 3, Code 2023,
8are amended to read as follows:
91. If a timely written request for a hearing is received,
10the department of human services shall certify the matter to
11the district court in the county where the transferee resides.
123. The department of human services may also request a
13hearing on its own motion regarding the determination of a
14debt, at any time prior to entry of an administrative order.
15 Sec. 818. Section 249F.5, subsections 1 and 2, Code 2023,
16are amended to read as follows:
171. A true copy of an order entered by the department of
18human services pursuant to this chapter, along with a true
19copy of the return of service, if applicable, may be filed in
20the office of the clerk of the district court in the county
21in which the transferee resides or, if the transferee resides
22in another state, in the office of the district court in the
23county in which the transferor resides.
242. The department of human services order shall be
25presented, ex parte, to the district court for review and
26approval. Unless defects appear on the face of the order or on
27the attachments, the district court shall approve the order.
28The approved order shall have all force, effect, and attributes
29of a docketed order or decree of the district court.
30 Sec. 819. Section 249F.7, Code 2023, is amended to read as
31follows:
32249F.7 Administration.
33As provided in this chapter, the establishment of a debt
34for medical assistance due to transfer of assets shall
35be administered by the department of human services. All
-542-1administrative discretion in the administration of this chapter
2shall be exercised by the department of human services, and any
3state administrative rules implementing or interpreting this
4chapter shall be adopted by the department of human services.
5 Sec. 820. Section 249K.2, Code 2023, is amended to read as
6follows:
7249K.2 Definitions.
8As used in this chapter, unless the context otherwise
9requires:
101. “Complete replacement” means completed construction on
11a new nursing facility to replace an existing licensed and
12certified facility. The replacement facility shall be located
13in the same geographical service area as the facility that is
14replaced and shall have the same number or fewer licensed beds
15than the original facility.
162. “Department” means the department of health and human
17services.
183. “Iowa Medicaid enterprise” means Iowa Medicaid enterprise
19as defined in section 135D.2.
204. 3. “Major renovations” means construction or facility
21improvements to a nursing facility in which the total amount
22expended exceeds seven hundred fifty thousand dollars.
235. 4. “Medical assistance”, or “medical assistance program”,
24or “Medicaid program” means the medical assistance program
25created pursuant to chapter 249A.
266. 5. “New construction” means the construction of a new
27nursing facility which does not replace an existing licensed
28and certified facility and requires the provider to obtain a
29certificate of need pursuant to chapter 135, subchapter VI.
307. 6. “Nondirect care component” means the portion of
31the reimbursement rate under the medical assistance program
32attributable to administrative, environmental, property, and
33support care costs reported on the provider’s financial and
34statistical report.
358. 7. “Nursing facility” means a nursing facility as
-543-1defined in section 135C.1.
29. 8. “Provider” means a current or future owner or
3operator of a nursing facility that provides medical assistance
4program services.
510. 9. “Rate determination letter” means the letter that
6is distributed quarterly by the Iowa Medicaid enterprise
7 program to each nursing facility, which is based on previously
8submitted financial and statistical reports from each nursing
9facility.
10 Sec. 821. Section 249K.3, subsection 2, paragraphs a and e,
11Code 2023, are amended to read as follows:
12a. The provider shall submit a written request for instant
13relief to the Iowa Medicaid enterprise program explaining the
14nature, timing, and goals of the project and the time period
15during which the relief is requested. The written request
16shall clearly state if the provider is also requesting the
17nondirect care limit exception. The written request for
18instant relief shall be submitted no earlier than thirty days
19prior to the placement of the provider’s assets in service.
20The written request for relief shall provide adequate details
21to calculate the estimated value of relief including but not
22limited to the total cost of the project, the estimated annual
23depreciation expenses using generally accepted accounting
24principles, the estimated useful life based upon existing
25medical assistance and Medicare provisions, and a copy of the
26most current depreciation schedule. If interest expenses are
27included, a copy of the general terms of the debt service and
28the estimated annual amount of the interest expenses shall be
29submitted with the written request for relief.
30e. During the period in which instant relief is granted, the
31Iowa Medicaid enterprise program shall recalculate the value of
32the instant relief based on allowable costs and patient days
33reported on the annual financial and statistical report. For
34purposes of calculating the per diem relief, total patient
35days shall be the greater of actual annual patient days or
-544-1eighty-five percent of the facility’s licensed capacity. The
2actual value of relief shall be added to the nondirect care
3component for the relevant period, not to exceed one hundred
4ten percent of the nondirect care median for the relevant
5period or not to exceed one hundred twenty percent of the
6nondirect care median for the relevant period if the nondirect
7care limit exception is requested and granted. The provider’s
8quarterly rates for the relevant period shall be retroactively
9adjusted to reflect the revised nondirect care rate. All
10claims with dates of service from the date that instant relief
11is granted to the date that the instant relief is terminated
12shall be repriced to reflect the actual value of the instant
13relief per diem utilizing a mass adjustment.
14 Sec. 822. Section 249K.5, subsections 1 and 3, Code 2023,
15are amended to read as follows:
161. The Iowa Medicaid enterprise program shall administer
17this chapter. The department of human services shall adopt
18rules, pursuant to chapter 17A, to administer this chapter.
193. In addition to any other factors to be considered in
20determining if a provider is eligible to participate under this
21chapter, the Iowa Medicaid enterprise program shall consider
22all of the following:
23a. The history of the provider’s regulatory compliance.
24b. The historical access to nursing facility services for
25medical assistance program beneficiaries.
26c. The provider’s dedication to and participation in quality
27of care, considering all quality programs in which the provider
28has participated.
29d. The provider’s plans to facilitate person-directed care.
30e. The provider’s plans to facilitate dementia units and
31specialty post-acute services.
32 Sec. 823. Section 249L.2, subsection 1, Code 2023, is
33amended to read as follows:
341. “Department” means the department of health and human
35services.
-545-1 Sec. 824. Section 249M.2, subsection 2, Code 2023, is
2amended to read as follows:
32. “Department” means the department of health and human
4services.
5 Sec. 825. Section 249M.4, subsection 5, paragraph b,
6subparagraph (2), Code 2023, is amended to read as follows:
7(2) The projected expenditures for participating hospitals
8for the fiscal year beginning July 1, 2010, as determined by
9the fiscal management division of the department, plus the
10amount calculated under subparagraph (1).
11 Sec. 826. Section 249N.2, subsections 4, 5, and 14, Code
122023, are amended to read as follows:
134. “Department” means the department of health and human
14services.
155. “Director” means the director of health and human
16services.
1714. “Medical assistance program”, “Medicaid program”, or
18“Medicaid” means the program paying all or part of the costs of
19care and services provided to an individual pursuant to chapter
20249A and Tit.XIX of the federal Social Security Act.
21 Sec. 827. Section 249N.5, subsection 2, paragraph a, Code
222023, is amended to read as follows:
23a. For members whose household income is at or below one
24hundred percent of the federal poverty level, the plan shall be
25administered by the Iowa Medicaid enterprise program consistent
26with program administration applicable to individuals under
27section 249A.3, subsection 1.
28 Sec. 828. Section 251.1, Code 2023, is amended to read as
29follows:
30251.1 Definitions.
31As used in this chapter:
321. “Administrator” means the administrator of the division
33of adult, children, and family services of the department of
34human services.
352. 1. “Division” or “state division” “Department” means
-546-1the division of adult, children, and family services of the
2 department of health and human services.
32. “Director” means the director of health and human
4services.
5 Sec. 829. Section 251.2, Code 2023, is amended to read as
6follows:
7251.2 Administration of emergency relief.
8The state division department, in addition to all other
9powers and duties given it the department by law, shall be is
10 charged with the supervision and administration of all funds
11coming into the hands of received by the state now or hereafter
12provided for emergency relief.
13 Sec. 830. Section 251.3, Code 2023, is amended to read as
14follows:
15251.3 Powers and duties.
16The administrator director shall have the power to do all of
17the following:
181. Appoint such personnel as may be necessary for the
19efficient discharge of the duties imposed upon on the
20administrator in the administration of emergency relief,
21 director and to make such rules and regulations as the
22administrator deems necessary or advisable covering relating
23to the administrator’s director’s activities and those of the
24service area advisory boards created under section 217.43,
25concerning emergency relief.
262. Join and cooperate with the government of the
27United States, or any of its appropriate agencies or
28instrumentalities, in any proper emergency relief activity.
293. Make such reports of budget estimates to the governor
30and to the general assembly as are required by law, or are
31 as necessary and proper to obtain appropriations of funds
32necessary for emergency relief purposes and for all the
33purposes of this chapter.
344. Determine the need for funds in the various counties of
35the state basing such determination upon the amount of money
-547-1needed in the various counties to provide adequate emergency
2 relief, and upon the counties’ financial inability to provide
3such relief from county funds. The administrator director may
4administer said state funds belonging to the state within the
5various counties of the state to supplement local funds as
6needed.
75. Make such reports, obtain and furnish such information
8from time to time as may be required by the governor, by the
9general assembly, or by any other proper appropriate state or
10federal office or agency, state or federal, and make an annual
11report of its the department’s emergency relief activities.
12 Sec. 831. Section 251.4, Code 2023, is amended to read as
13follows:
14251.4 Grants from state funds to counties.
15The state division department may require as a condition
16of making available state assistance available to counties
17for emergency relief purposes, that the county boards of
18supervisors shall establish budgets as needed in respect to the
19relief situation in the counties.
20 Sec. 832. Section 251.5, Code 2023, is amended to read as
21follows:
22251.5 Duties of the service area advisory board.
23A service area The advisory board created in section 217.43
24shall perform the following activities for any county in
25the board’s service area counties represented on the board
26 concerning emergency relief:
271. Cooperate with a county’s board of supervisors in all
28matters pertaining to administration of relief.
292. At the request of a county’s board of supervisors,
30prepare requests for grants of state funds.
313. At the request of a county’s board of supervisors,
32administer county relief funds.
334. In a county receiving grants of state funds upon approval
34of the director of the department of administrative services
35and the county’s board of supervisors, administer both state
-548-1and county relief funds.
25. Perform other duties as may be prescribed by the
3administrator department and a county’s board of supervisors.
4 Sec. 833. Section 251.6, Code 2023, is amended to read as
5follows:
6251.6 County supervisors to determine emergency relief and
7work projects.
8The county board of supervisors shall supervise
9administration of emergency relief, and shall determine the
10minimum amount of relief required for each person or family,
11which persons are employable, and whether and under what
12conditions persons receiving emergency relief may be employed
13by the county.
14 Sec. 834. Section 251.7, Code 2023, is amended to read as
15follows:
16251.7 County appointees to act as executive officers.
17The county board of supervisors may appoint an individual a
18person to serve as the executive officer of the service area
19 advisory board in all matters pertaining to relief for that
20county.
21 Sec. 835. Section 252.26, Code 2023, is amended to read as
22follows:
23252.26 General assistance director.
24The board of supervisors in each county shall appoint or
25designate a general assistance director for the county, who
26shall have the powers and duties conferred by this chapter.
27In counties of one hundred thousand or less population, the
28county board may designate as general assistance director an
29employee of the state department of health and human services
30who is assigned to work in that county and is directed by the
31director of health and human services, pursuant to an agreement
32with the county board, to exercise the functions and duties
33of general assistance director in that county. The general
34assistance director shall receive as compensation an amount to
35be determined by the county board.
-549-1 Sec. 836. Section 252.33, Code 2023, is amended to read as
2follows:
3252.33 Application for assistance.
4A person may make application for assistance to a member
5of the board of supervisors, or to the general assistance
6director of the county where the person is. If application
7is made to the general assistance director and that officer
8is satisfied that the applicant is in a state of want which
9requires assistance at the public expense, the general
10assistance director may afford temporary assistance, subject to
11the approval of the board of supervisors, as the necessities
12of the person require and shall immediately report the case to
13the board of supervisors, who may continue or deny assistance,
14as they find cause.
15 Sec. 837. Section 252.37, Code 2023, is amended to read as
16follows:
17252.37 Appeal to supervisors.
18If a poor person, on application to the general assistance
19director, is refused the required assistance, the applicant
20may appeal to the board of supervisors, who, upon examination
21into the matter, may order the general assistance director to
22provide assistance, or who may direct specific assistance.
23 Sec. 838. Section 252A.2, subsections 7 and 8, Code 2023,
24are amended to read as follows:
257. “Petitioner” includes each dependent person for whom
26support is sought in a proceeding instituted pursuant to
27this chapter or a mother or putative father of a dependent.
28However, in an action brought by the child support recovery
29unit services, the state is the petitioner.
308. “Petitioner’s representative” includes counsel of a
31dependent person for whom support is sought and counsel for a
32mother or putative father of a dependent. In an action brought
33by the child support recovery unit services, “petitioner’s
34representative” includes a county attorney, state’s attorney
35and any other public officer, by whatever title the officer’s
-550-1public office may be known, charged by law with the duty of
2instituting, maintaining, or prosecuting a proceeding under
3this chapter or under the laws of the state.
4 Sec. 839. Section 252A.3A, subsections 3, 4, 7, 10, 12, and
513, Code 2023, are amended to read as follows:
63. a. Prior to or at the time of completion of an affidavit
7of paternity, written and oral information about paternity
8establishment, developed by the child support recovery unit
9 services created in section 252B.2, shall be provided to the
10mother and putative father. Video or audio equipment may be
11used to provide oral information.
12b. The information provided shall include a description
13of parental rights and responsibilities, including the duty
14to provide financial support for the child, the benefits of
15establishing paternity, and the alternatives to and legal
16consequences of signing an affidavit of paternity, including
17the rights available if a parent is a minor.
18c. Copies of the written information shall be made
19available by the child support recovery unit services or the
20Iowa department of public health and human services to those
21entities where an affidavit of paternity may be obtained as
22provided under subsection 4.
234. a. The affidavit of paternity form developed and used by
24the Iowa department of public health and human services is the
25only affidavit of paternity form recognized for the purpose of
26establishing paternity under this section. It shall include
27the minimum requirements specified by the secretary of the
28United States department of health and human services pursuant
29to 42 U.S.C. §652(a)(7). A properly completed affidavit of
30paternity form developed by the Iowa department of public
31 health and human services and existing on or after July 1,
321993, but which is superseded by a later affidavit of paternity
33form developed by the Iowa department of public health and
34human services, shall have the same legal effect as a paternity
35affidavit form used by the Iowa department of public health and
-551-1human services on or after July 1, 1997, regardless of the date
2of the filing and registration of the affidavit of paternity,
3unless otherwise required under federal law.
4b. The form shall be available from the state registrar,
5each county registrar, the child support recovery unit
6 services, and any institution in the state.
7c. The Iowa department of public health and human services
8 shall make copies of the form available to the entities
9identified in paragraph “b” for distribution.
107. The state registrar shall make copies of affidavits
11of paternity and identifying information from the affidavits
12filed and registered pursuant to this section available to the
13 child support recovery unit services created under section
14252B.2 in accordance with section 144.13, subsection 4, and any
15subsequent rescission form which rescinds the affidavit.
1610. a. An institution may be reimbursed by the child
17support recovery unit services created in section 252B.2 for
18providing the services described under subsection 9, or may
19provide the services at no cost.
20b. An institution electing reimbursement shall enter into a
21written agreement with the child support recovery unit services
22 for this purpose.
23c. An institution entering into an agreement for
24reimbursement shall assist the parents of a child born out of
25wedlock in completing and filing an affidavit of paternity.
26d. Reimbursement shall be based only on the number of
27affidavits completed in compliance with this section and
28submitted to the state registrar during the duration of
29the written agreement with the child support recovery unit
30 services.
31e. The reimbursement rate is twenty dollars for each
32completed affidavit filed with the state registrar.
3312. a. A completed affidavit of paternity may be rescinded
34by registration by the state registrar of a completed and
35notarized rescission form signed by either the mother or
-552-1putative father who signed the affidavit of paternity that the
2putative father is not the father of the child. The completed
3and notarized rescission form shall be filed with the state
4registrar for the purpose of registration prior to the earlier
5of the following:
6(1) Sixty days after the latest notarized signature of the
7mother or putative father on the affidavit of paternity.
8(2) Entry of a court order pursuant to a proceeding in this
9state to which the signatory is a party relating to the child,
10including a proceeding to establish a support order under this
11chapter, chapter 252C, 252F, 598, or 600B or other law of this
12state.
13b. Unless the state registrar has received and registered an
14order as provided in section 252A.3, subsection 10, paragraph
15“a”, which legally establishes paternity, upon registration
16of a timely rescission form the state registrar shall remove
17the father’s information from the certificate of birth, and
18shall send a written notice of the rescission to the last known
19address of the signatory of the affidavit of paternity who did
20not sign the rescission form.
21c. The Iowa department of public health and human services
22 shall develop a rescission form and an administrative process
23for rescission. The form shall be the only rescission form
24recognized for the purpose of rescinding a completed affidavit
25of paternity. A completed rescission form shall include the
26signature of a notary public attesting to the identity of
27the party signing the rescission form. The Iowa department
28of public health and human services shall adopt rules which
29establish a fee, based upon the average administrative cost, to
30be collected for the registration of a rescission.
31d. If an affidavit of paternity has been rescinded under
32this subsection, the state registrar shall not register any
33subsequent affidavit of paternity signed by the same mother and
34putative father relating to the same child.
3513. The child Child support recovery unit services may
-553-1enter into a written agreement with an entity designated by the
2secretary of the United States department of health and human
3services to offer voluntary paternity establishment services.
4a. The agreement shall comply with federal requirements
5pursuant to 42 U.S.C. §666(a)(5)(C) including those regarding
6notice, materials, training, and evaluations.
7b. The agreement may provide for reimbursement of the entity
8by the state if reimbursement is permitted by federal law.
9 Sec. 840. Section 252A.5, subsections 2 and 3, Code 2023,
10are amended to read as follows:
112. Whenever the state or a political subdivision thereof of
12the state furnishes support to a dependent, it the political
13subdivision of the state has the same right through proceedings
14instituted by the petitioner’s representative to invoke
15the provisions hereof of this section as the dependent to
16whom the support was furnished, for the purpose of securing
17reimbursement of expenditures so made and of obtaining
18continuing support; the petition in such case may be verified
19by any official having knowledge of such expenditures without
20further verification of any person and consent of the dependent
21shall not be required in order to institute proceedings under
22this chapter. The child Child support recovery unit services
23 may bring the action based upon a statement of a witness,
24regardless of age, with knowledge of the circumstances,
25including, but not limited to, statements by the mother of the
26dependent or a relative of the mother or the putative father.
273. If the child support recovery unit services is providing
28services, the unit child support services has the same right
29to invoke the provisions of this section as the dependent for
30which support is owed for the purpose of securing support. The
31petition in such case may be verified by any official having
32knowledge of the request for services by the unit child support
33services, without further verification by any other person,
34and consent of the dependent shall not be required in order
35to institute proceedings under this chapter. The child Child
-554-1 support recovery unit services may bring the action based upon
2the statement of a witness, regardless of age, with knowledge
3of the circumstances, including, but not limited to, statements
4by the mother of the dependent or a relative of the mother or
5the putative father.
6 Sec. 841. Section 252A.13, subsections 1 and 3, Code 2023,
7are amended to read as follows:
81. If public assistance is provided by the department of
9health and human services to or on behalf of a dependent child
10or a dependent child’s caretaker, there is an assignment by
11operation of law to the department of any and all rights in,
12title to, and interest in any support obligation, payment, and
13arrearages owed to or on behalf of the child or caretaker not
14to exceed the amount of public assistance paid for or on behalf
15of the child or caretaker as follows:
16a. For family investment program assistance, section 239B.6
17shall apply.
18b. For foster care services, section 234.39 shall apply.
19c. For medical assistance, section 252E.11 shall apply.
203. The clerk shall furnish the department with copies of
21all orders or decrees awarding and temporary domestic abuse
22orders addressing support when the parties are receiving public
23assistance or services are otherwise provided by the child
24support recovery unit services. Unless otherwise specified
25in the order, an equal and proportionate share of any child
26support awarded is presumed to be payable on behalf of each
27child, subject to the order or judgment, for purposes of an
28assignment under this section.
29 Sec. 842. Section 252A.18, Code 2023, is amended to read as
30follows:
31252A.18 Registration of support order — notice.
32Registration of a support order of another state or foreign
33country shall be in accordance with chapter 252K except that,
34with regard to service, promptly upon registration, the clerk
35of the court shall, by restricted certified mail, or the child
-555-1support recovery unit services shall, as provided in section
2252B.26, send to the respondent notice of the registration with
3a copy of the registered support order or the respondent may
4be personally served with the notice and the copy of the order
5in the same manner as original notices are personally served.
6The clerk shall also docket the case and notify the prosecuting
7attorney of the action. The clerk shall maintain a registry of
8all support orders registered pursuant to this section. The
9filing is in equity.
10 Sec. 843. Section 252B.1, Code 2023, is amended to read as
11follows:
12252B.1 Definitions.
13As used in this chapter, unless the context otherwise
14requires:
151. “Absent parent” means the parent who either cannot be
16located or who is located and is not residing with the child
17at the time the support collection or paternity determination
18services provided in sections 252B.5 and 252B.6 are requested
19or commenced.
202. “Child” includes but shall not be limited to a stepchild,
21foster child, or legally adopted child and means a child
22actually or apparently under eighteen years of age or a
23dependent person eighteen years of age or over who is unable
24to maintain the person’s self and is likely to become a public
25charge. “Child” includes “child” as defined in section 239B.1.
263. “Child support agency” means child support agency as
27defined in section 252H.2.
284. “Child support services” means child support services
29created in section 252B.2.
304. 5. “Department” means the department of health and human
31services.
325. 6. “Director” means the director of health and human
33services.
346. 7. “Obligor” means the person legally responsible for
35the support of a child as defined in section 252D.16 or 598.1
-556-1under a support order issued in this state or pursuant to the
2laws of another state or foreign country.
37. 8. “Resident parent” means the parent with whom the
4child is residing at the time the support collection or
5paternity determination services provided in sections 252B.5
6and 252B.6 are requested or commenced.
78. “Unit” means the child support recovery unit created in
8section 252B.2.
9 Sec. 844. Section 252B.2, Code 2023, is amended to read as
10follows:
11252B.2 Unit Child support services established —
12intervention.
13There is created within the department of human services
14a child support recovery unit services for the purpose of
15providing the services required in sections 252B.3 through
16252B.6. The unit Child support services is not required to
17intervene in actions to provide such services.
18 Sec. 845. Section 252B.3, Code 2023, is amended to read as
19follows:
20252B.3 Duty of department to enforce child support —
21cooperation — rules.
221. Upon receipt by the department of an application for
23public assistance on behalf of a child and determination by the
24department that the child is eligible for public assistance and
25that provision of child support services is appropriate, the
26department shall take appropriate action under the provisions
27of this chapter or under other appropriate statutes of this
28state including but not limited to chapters 239B, 252A, 252C,
29252D, 252E, 252F, 252G, 252H, 252I, 252J, 598, and 600B, to
30ensure that the parent or other person responsible for the
31support of the child fulfills the support obligation. The
32department shall also take appropriate action as required by
33federal law upon receiving a request from a child support
34agency for a child receiving public assistance in another
35state.
-557- 12. The department of human services may negotiate a partial
2payment of a support obligation with a parent or other person
3responsible for the support of the child, provided that the
4negotiation and partial payment are consistent with applicable
5federal law and regulation.
63. The department shall adopt rules pursuant to chapter
717A regarding cases in which, under federal law, it is a
8condition of eligibility for an individual who is an applicant
9for or recipient of public assistance to cooperate in good
10faith with the department in establishing the paternity of, or
11in establishing, modifying, or enforcing a support order by
12identifying and locating the parent of the child or enforcing
13rights to support payments. The rules shall include all of the
14following provisions:
15a. As required by the unit child support services, the
16individual shall provide the name of the noncustodial parent
17and additional necessary information, and shall appear at
18interviews, hearings, and legal proceedings.
19b. If paternity is an issue, the individual and child shall
20submit to blood or genetic tests pursuant to a judicial or
21administrative order.
22c. The individual may be requested to sign a voluntary
23affidavit of paternity, after notice of the rights and
24consequences of such an acknowledgment, but shall not be
25required to sign an affidavit or otherwise relinquish the right
26to blood or genetic tests.
27d. The unit Child support services shall promptly notify
28the individual and the appropriate division of the department
29administering the department’s public assistance program
30 programs of each determination by the unit child support
31services of noncooperation of the individual and the reason for
32such determination.
33e. A procedure under which the individual may claim that,
34and the department shall determine whether, the individual has
35sufficient good cause or other exception for not cooperating,
-558-1taking into consideration the best interest of the child.
24. Without need for a court order and notwithstanding
3the requirements of section 598.22A, the support payment
4ordered pursuant to any chapter shall be satisfied as to the
5department, the child, and either parent for the period during
6which the parents are reconciled and are cohabiting, the child
7for whom support is ordered is living in the same residence
8as the parents, and the obligor receives public assistance on
9the obligor’s own behalf for the benefit of the child. The
10department shall implement this subsection as follows:
11a. The unit Child support services shall file a notice of
12satisfaction with the clerk of court.
13b. This subsection shall not apply unless all the children
14for whom support is ordered reside with both parents, except
15that a child may be absent from the home due to a foster care
16placement pursuant to chapter 234 or a comparable law of
17another state or foreign country.
18c. The unit Child support services shall send notice
19by regular mail to the obligor when the provisions of this
20subsection no longer apply. A copy of the notice shall be
21filed with the clerk of court.
22d. This section shall not limit the rights of the parents or
23the department to proceed by other means to suspend, terminate,
24modify, reinstate, or establish support.
255. On or after July 1, 1999, the department shall implement
26a program for the satisfaction of accrued support debts, based
27upon timely payment by the obligor of both current support due
28and any payments due for accrued support debt under a periodic
29payment plan. The unit Child support services shall adopt
30rules pursuant to chapter 17A to establish the criteria and
31procedures for obtaining satisfaction under the program. The
32rules adopted under this subsection shall specify the cases and
33amounts to which the program is applicable, and may provide for
34the establishment of the program as a pilot program.
35 Sec. 846. Section 252B.4, Code 2023, is amended to read as
-559-1follows:
2252B.4 Nonassistance cases.
31. The child support and paternity determination services
4established by the department pursuant to this chapter and
5other appropriate services provided by law including but not
6limited to the provisions of chapters 239B, 252A, 252C, 252D,
7252E, 252F, 598, and 600B shall be made available by the
8unit child support services to an individual not otherwise
9eligible as a public assistance recipient upon application by
10the individual for the services or upon referral as described
11in subsection 4. The application shall be filed with the
12department.
132. The director may collect a fee to cover the costs
14incurred by the department for service of process, genetic
15testing and court costs if the entity providing the service
16charges a fee for the services.
173. Fees collected pursuant to this section shall be
18considered repayment receipts, as defined in section 8.2,
19and shall be used for the purposes of the unit child support
20services. The director or a designee shall keep an accurate
21record of the fees collected and expended.
224. The unit Child support services shall also provide child
23support and paternity determination services and shall respond
24as provided in federal law for an individual not otherwise
25eligible as a public assistance recipient if the unit child
26support services receives a request from any of the following:
27a. A child support agency.
28b. A foreign country as defined in chapter 252K.
29 Sec. 847. Section 252B.5, Code 2023, is amended to read as
30follows:
31252B.5 Services of unit Child support services.
32The child Child support recovery unit services shall provide
33the following services:
341. Assistance in the location of an absent parent or any
35other person who has an obligation to support the child of the
-560-1resident parent.
22. Aid in establishing paternity and securing a court or
3administrative order for support pursuant to chapter 252A,
4252C, 252F, or 600B, or any other chapter providing for
5the establishment of paternity or support. In an action to
6establish support, the resident parent may be a proper party
7defendant for purposes of determining medical support as
8provided in section 252E.1A upon service of notice as provided
9in this chapter and without a court order as provided in the
10rules of civil procedure. The unit’s Child support services’
11 independent cause of action shall not bar a party from seeking
12support in a subsequent proceeding.
133. Aid in enforcing through court or administrative
14proceedings an existing court order for support issued pursuant
15to chapter 252A, 252C, 252F, 598, or 600B, or any other
16chapter under which child or medical support is granted. The
17director may enter into a contract with a private collection
18agency to collect support payments for cases which have been
19identified by the department as difficult collection cases
20if the department determines that this form of collection is
21more cost-effective than departmental collection methods. The
22department shall utilize, to the maximum extent possible,
23every available automated process to collect support payments
24prior to referral of a case to a private collection agency.
25A private collection agency with whom the department enters
26a contract under this subsection shall comply with state and
27federal confidentiality requirements and debt collection laws.
28The director may use a portion of the state share of funds
29collected through this means to pay the costs of any contract
30authorized under this subsection.
314. Assistance to set off against a debtor’s income tax
32refund or rebate any support debt, which is assigned to
33the department of human services or which the child support
34recovery unit services is attempting to collect on behalf of
35any individual not eligible as a public assistance recipient,
-561-1which has accrued through written contract, subrogation, or
2court judgment, and which is in the form of a liquidated sum
3due and owing for the care, support, or maintenance of a child.
4Unless the periodic payment plan provisions for a retroactive
5modification pursuant to section 598.21C apply, the entire
6amount of a judgment for accrued support, notwithstanding
7compliance with a periodic payment plan or regardless of the
8date of entry of the judgment, is due and owing as of the date
9of entry of the judgment and is delinquent for the purposes of
10setoff, including for setoff against a debtor’s federal income
11tax refund or other federal nontax payment. The department
12of human services shall adopt rules pursuant to chapter
1317A necessary to assist the department of administrative
14services in the implementation of the child support setoff as
15established under section 8A.504.
165. a. In order to maximize the amount of any tax refund
17to which an obligor may be entitled and which may be applied
18to child support and medical support obligations, cooperate
19with any volunteer or free income tax assistance programs in
20the state in informing obligors of the availability of the
21programs.
22b. The child Child support recovery unit services shall
23publicize the services of the volunteer or free income tax
24assistance programs by distributing printed materials regarding
25the programs.
266. Determine periodically whether an individual receiving
27unemployment compensation benefits under chapter 96 owes a
28support obligation which is being enforced by the unit child
29support services, and enforce the support obligation through
30court or administrative proceedings to have specified amounts
31withheld from the individual’s unemployment compensation
32benefits.
337. Assistance in obtaining medical support as defined in
34chapter 252E.
358. a. At the request of either parent who is subject to
-562-1the order of support or upon its own initiation, review the
2amount of the support award in accordance with the guidelines
3established pursuant to section 598.21B, and Tit.IV-D of the
4federal Social Security Act, as amended, and take action to
5initiate modification proceedings if the criteria established
6pursuant to this section are met. However, a review of a
7support award is not required if the child support recovery
8unit services determines that such a review would not be in the
9best interest of the child and neither parent has requested
10such review.
11b. The department shall adopt rules setting forth the
12process for review of requests for modification of support
13obligations and the criteria and process for taking action to
14initiate modification proceedings.
159. a. Assistance, in consultation with the department
16of administrative services, in identifying and taking action
17against self-employed individuals as identified by the
18following conditions:
19(1) The individual owes support pursuant to a court or
20administrative order being enforced by the unit child support
21services and is delinquent in an amount equal to or greater
22than the support obligation amount assessed for one month.
23(2) The individual has filed a state income tax return in
24the preceding twelve months.
25(3) The individual has no reported tax withholding amount on
26the most recent state income tax return.
27(4) The individual has failed to enter into or comply with a
28formalized repayment plan with the unit child support services.
29(5) The individual has failed to make either all current
30support payments in accordance with the court or administrative
31order or to make payments against any delinquency in each of
32the preceding twelve months.
33b. The unit Child support services may forward information
34to the department of administrative services as necessary to
35implement this subsection, including but not limited to both
-563-1of the following:
2(1) The name and social security number of the individual.
3(2) Support obligation information in the specific case,
4including the amount of the delinquency.
510. The review and adjustment, modification, or alteration
6of a support order pursuant to chapter 252H upon adoption of
7rules pursuant to chapter 17A and periodic notification, at
8a minimum of once every three years, to parents subject to a
9support order of their rights to these services.
1011. The unit Child support services shall not establish
11orders for spousal support. The unit Child support services
12 shall enforce orders for spousal support only if the spouse is
13the custodial parent of a child for whom the unit child support
14services is also enforcing a child support or medical support
15order.
1612. a. In compliance with federal procedures, periodically
17certify to the secretary of the United States department of
18health and human services, a list of the names of obligors
19determined by the unit child support services to owe delinquent
20support, under a support order as defined in section 252J.1, in
21excess of two thousand five hundred dollars. The certification
22of the delinquent amount owed may be based upon one or more
23support orders being enforced by the unit child support
24services if the delinquent support owed exceeds two thousand
25five hundred dollars. The certification shall include any
26amounts which are delinquent pursuant to the periodic payment
27plan when a modified order has been retroactively applied.
28The certification shall be in a format and shall include any
29supporting documentation required by the secretary.
30b. All of the following shall apply to an action initiated
31by the unit child support services under this subsection:
32(1) The obligor shall be sent a notice by regular mail in
33accordance with federal law and regulations and the notice
34shall remain in effect until support delinquencies have been
35paid in full.
-564- 1(2) The notice shall include all of the following:
2(a) A statement regarding the amount of delinquent support
3owed by the obligor.
4(b) A statement providing information that if the
5delinquency is in excess of two thousand five hundred dollars,
6the United States secretary of state may apply a passport
7sanction by revoking, restricting, limiting, or refusing to
8issue a passport as provided in 42 U.S.C. §652(k).
9(c) Information regarding the procedures for challenging
10the certification by the unit child support services.
11(3) (a) If the obligor chooses to challenge the
12certification, the obligor shall notify the unit child support
13services within the time period specified in the notice to the
14obligor. The obligor shall include any relevant information
15with the challenge.
16(b) A challenge shall be based upon mistake of fact. For
17the purposes of this subsection, “mistake of fact” means a
18mistake in the identity of the obligor or a mistake in the
19amount of the delinquent child support owed if the amount did
20not exceed two thousand five hundred dollars on the date of the
21unit’s child support services’ decision on the challenge.
22(4) Upon timely receipt of the challenge, the unit child
23support services shall review the certification for a mistake
24of fact, or refer the challenge for review to the child support
25agency in the state chosen by the obligor as provided by
26federal law.
27(5) Following the unit’s child support services’ review of
28the certification, the unit child support services shall send
29a written decision to the obligor within ten days of timely
30receipt of the challenge.
31(a) If the unit child support services determines that
32a mistake of fact exists, the unit child support services
33 shall send notification in accordance with federal procedures
34withdrawing the certification for passport sanction.
35(b) If the unit child support services determines that a
-565-1mistake of fact does not exist, the obligor may contest the
2determination within ten days following the issuance of the
3decision by submitting a written request for a contested case
4proceeding pursuant to chapter 17A.
5(6) Following issuance of a final decision under chapter
617A that no mistake of fact exists, the obligor may request a
7hearing before the district court pursuant to chapter 17A. The
8department shall transmit a copy of its record to the district
9court pursuant to chapter 17A. The scope of the review by the
10district court shall be limited to demonstration of a mistake
11of fact. Issues related to visitation, custody, or other
12provisions not related to the support provisions of a support
13order are not grounds for a hearing under this subsection.
14c. Following certification to the secretary, if the
15unit child support services determines that an obligor no
16longer owes delinquent support in excess of two thousand five
17hundred dollars, the unit child support services shall provide
18information and notice as the secretary requires to withdraw
19the certification for passport sanction.
2013. a. Impose an annual fee, which shall be retained from
21support collected on behalf of the obligee, in accordance with
2242 U.S.C.§654(6)(B)(ii). The unit Child support services
23 shall send information regarding the requirements of this
24subsection by regular mail to the last known address of an
25affected obligee, or may include the information for an obligee
26in an application for services signed by the obligee. In
27addition, the unit child support services shall take steps
28necessary regarding the fee to qualify for federal funds in
29conformity with the provisions of Tit.IV-D of the federal
30Social Security Act, including receiving and accounting for
31fee payments, as appropriate, through the collection services
32center created in section 252B.13A.
33b. Fees collected pursuant to this subsection shall be
34considered repayment receipts as defined in section 8.2, and
35shall be used for the purposes of the unit child support
-566-1services. The director shall maintain an accurate record of
2the fees collected and expended under this subsection.
3c. Until such time as a methodology to secure payment of
4the collections fee from the obligor is provided by law, an
5obligee may act pursuant to this paragraph to recover the
6collections fee from the obligor. If the unit child support
7services retains all or a portion of the collections fee
8imposed pursuant to paragraph “a” in a federal fiscal year,
9there is an automatic nonsupport judgment, in an amount equal
10to the amount retained, against the obligor payable to the
11obligee. This paragraph shall serve as constructive notice
12that the fee amount, once retained, is an automatic nonsupport
13judgment against the obligor. The obligee may use any legal
14means, including the lien created by the nonsupport judgment,
15to collect the nonsupport judgment.
16 Sec. 848. Section 252B.6, unnumbered paragraph 1, Code
172023, is amended to read as follows:
18In addition to the services enumerated in section 252B.5,
19the unit child support services may provide the following
20services in the case of a dependent child for whom public
21assistance is being provided:
22 Sec. 849. Section 252B.6, subsection 3, Code 2023, is
23amended to read as follows:
243. Appear on behalf of the state for the purpose of
25facilitating the modification of support awards consistent
26with guidelines established pursuant to section 598.21B,
27and Tit.IV-D of the federal Social Security Act. The unit
28 Child support services shall not otherwise participate in the
29proceeding.
30 Sec. 850. Section 252B.6A, Code 2023, is amended to read as
31follows:
32252B.6A External services.
331. Provided that the action is consistent with applicable
34federal law and regulation, an attorney licensed in this state
35shall receive compensation as provided in this section for
-567-1support collected as the direct result of a judicial proceeding
2maintained by the attorney, if all of the following apply to
3the case:
4a. The unit Child support services is providing services
5under this chapter.
6b. The current support obligation is terminated and only
7arrearages are due under an administrative or court order and
8there has been no payment under the order for at least the
9twelve-month period prior to the provision of notice to the
10unit child support services by the attorney under this section.
11c. Support is assigned to the state based upon cash
12assistance paid under chapter 239B, or its successor.
13d. The attorney has provided written notice to the central
14office of the unit child support services and to the obligee at
15the last known address of the obligee of the intent to initiate
16a specified judicial proceeding, at least thirty days prior to
17initiating the proceeding.
18e. The attorney has provided documentation to the unit child
19support services that the attorney is insured against loss
20caused by the attorney’s legal malpractice or acts or omissions
21of the attorney which result in loss to the state or other
22person.
23f. The collection is received by the collection services
24center within ninety days of provision of the notice to
25the unit child support services. An attorney may provide
26subsequent notices to the unit child support services to extend
27the time for receipt of the collection by subsequent ninety-day
28periods.
292. a. If, prior to February 15, 1998, notice is provided
30pursuant to subsection 1 to initiate a specific judicial
31proceeding, this section shall not apply to the proceeding
32unless the unit child support services consents to the
33proceeding.
34b. (1) If, on or after February 15, 1998, notice is
35provided pursuant to subsection 1 to initiate a specific
-568-1judicial proceeding, this section shall apply to the proceeding
2only if the case is exempt from application of rules adopted
3by the department pursuant to subparagraph (2) which limit
4application of this section.
5(2) The department shall adopt rules which include, but
6are not limited to, exemption from application of this section
7to proceedings based upon, but not limited to, any of the
8following:
9(a) A finding of good cause pursuant to section 252B.3.
10(b) The existence of a support obligation due another state
11based upon public assistance provided by that state.
12(c) The maintaining of another proceeding by an attorney
13under this section for which the unit child support services
14 has not received notice that the proceeding has concluded or
15the ninety-day period during which a collection may be received
16pertaining to the same case has not yet expired.
17(d) The initiation of a seek employment action under section
18252B.21, and the notice from the attorney indicates that the
19attorney intends to pursue a contempt action.
20(e) Any other basis for exemption of a specified proceeding
21designated by rule which relates to collection and enforcement
22actions provided by the unit child support services.
233. The unit Child support services shall issue a response
24to the attorney providing notice within ten days of receipt of
25the notice. The response shall advise the attorney whether the
26case to which the specified judicial proceeding applies meets
27the requirements of this section.
284. For the purposes of this section, a “judicial proceeding”
29means an action to enforce support filed with a court of
30competent jurisdiction in which the court issues an order which
31identifies the amount of the support collection which is a
32direct result of the court proceeding. “Judicial proceedings”
33include but are not limited to those pursuant to chapters
34598, 626, 633, 642, 654, or 684 and also include contempt
35proceedings if the collection payment is identified in the
-569-1court order as the result of such a proceeding. “Judicial
2proceedings” do not include enforcement actions which the unit
3 child support services is required to implement under federal
4law including, but not limited to, income withholding.
55. All of the following are applicable to a collection
6which is the result of a judicial proceeding which meets the
7requirements of this section:
8a. All payments made as the result of a judicial proceeding
9under this section shall be made to the clerk of the district
10court or to the collection services center and shall not be
11made to the attorney. Payments received by the clerk of the
12district court shall be forwarded to the collection services
13center as provided in section 252B.15.
14b. The attorney shall be entitled to receive an amount
15which is equal to twenty-five percent of the support collected
16as the result of the specified judicial proceeding not to
17exceed the amount of the nonfederal share of assigned support
18collected as the result of that proceeding. The amount paid
19under this paragraph is the full amount of compensation due the
20attorney for a proceeding under this section and is in lieu
21of any attorney fees. The court shall not order the obligor
22to pay additional attorney fees. The amount of compensation
23calculated by the unit child support services is subject, upon
24application of the attorney, to judicial review.
25c. Any support collected shall be disbursed in accordance
26with federal requirements and any support due the obligee
27shall be disbursed to the obligee prior to disbursement to the
28attorney as compensation.
29d. The collection services center shall disburse
30compensation due the attorney only from the nonfederal share of
31assigned collections. The collection services center shall not
32disburse any compensation for court costs.
33e. The unit Child support services may delay disbursement
34to the attorney pending the resolution of any timely appeal by
35the obligor or obligee.
-570- 1f. Negotiation of a partial payment or settlement for
2support shall not be made without the approval of the unit
3 child support services and the obligee, as applicable.
46. The attorney initiating a judicial proceeding under this
5section shall notify the unit child support services when the
6judicial proceeding is completed.
77. a. An attorney who initiates a judicial proceeding under
8this section represents the state for the sole and limited
9purpose of collecting support to the extent provided in this
10section.
11b. The attorney is not an employee of the state and has no
12right to any benefit or compensation other than as specified in
13this section.
14c. The state is not liable or subject to suit for any acts
15or omissions resulting in any damages as a consequence of the
16attorney’s acts or omissions under this section.
17d. The attorney shall hold the state harmless from any act
18or omissions of the attorney which may result in any penalties
19or sanctions, including those imposed under federal bankruptcy
20laws, and the state may recover any penalty or sanction imposed
21by offsetting any compensation due the attorney under this
22section for collections received as a result of any judicial
23proceeding initiated under this section.
24e. The attorney initiating a proceeding under this section
25does not represent the obligor.
268. The unit Child support services shall comply with all
27state and federal laws regarding confidentiality. The unit
28 Child support services may release to an attorney who has
29provided notice under this section, information regarding child
30support balances due, to the extent provided under such laws.
319. This section shall not be interpreted to prohibit
32the unit child support services from providing services or
33taking other actions to enforce support as provided under this
34chapter.
35 Sec. 851. Section 252B.7, Code 2023, is amended to read as
-571-1follows:
2252B.7 Legal services.
31. The attorney general may perform the legal services for
4the child support recovery program services and may enforce
5all laws for the recovery of child support from responsible
6relatives. The attorney general may file and prosecute:
7a. Contempt of court proceedings to enforce any order of
8court pertaining to child support.
9b. Cases under chapter 252A, the support of dependents law.
10c. An information charging a violation of section 726.3,
11726.5 or 726.6.
12d. Any other lawful action which will secure collection of
13support for minor children.
142. For the purposes of subsection 1, the attorney general
15has the same power to commence, file and prosecute any action
16or information in the proper jurisdiction, which the county
17attorney could file or prosecute in that jurisdiction. This
18section does not relieve a county attorney from the county
19attorney’s duties, or the attorney general from the supervisory
20power of the attorney general, in the recovery of child
21support.
223. The unit Child support services may contract with
23a county attorney, the attorney general, a clerk of the
24district court, or another person or agency to collect support
25obligations and to administer the child support program
26established services required pursuant to this chapter.
27Notwithstanding section 13.7, the unit child support services
28 may contract with private attorneys for the prosecution of
29civil collection and recovery cases and may pay reasonable
30compensation and expenses to private attorneys for the
31prosecution services provided.
324. An attorney employed by or under contract with the child
33support recovery unit services represents and acts exclusively
34on behalf of the state when providing child support enforcement
35services. An attorney-client relationship does not exist
-572-1between the attorney and an individual party, witness, or
2person other than the state, regardless of the name in which
3the action is brought.
4 Sec. 852. Section 252B.7A, Code 2023, is amended to read as
5follows:
6252B.7A Determining parent’s income.
71. The unit Child support services shall use any of the
8following in determining the amount of the net monthly income
9of a parent for purposes of establishing or modifying a support
10obligation:
11a. Income as identified in a signed statement of the
12parent pursuant to section 252B.9, subsection 1, paragraph
13“b”. If evidence suggests that the statement is incomplete
14or inaccurate, the unit child support services may present
15the evidence to the court in a judicial proceeding or to the
16administrator director in a proceeding under chapter 252C or
17a comparable chapter, and the court or administrator director
18 shall weigh the evidence in setting the support obligation.
19Evidence includes but is not limited to income as established
20under paragraph “c”.
21b. If a sworn statement is not provided by the parent, the
22unit child support services may determine income as established
23under paragraph “c” or “d”.
24c. Income established by any of the following:
25(1) Income verified by an employer or payor of income.
26(2) Income reported to the department of workforce
27development.
28(3) For a public assistance recipient, income as reported to
29the department case worker assigned to the public assistance
30case.
31(4) Other written documentation which identifies income.
32d. By July 1, 1999, the department shall adopt rules for
33imputing income, whenever possible, based on the earning
34capacity of a parent who does not provide income information
35or for whom income information is not available. Until such
-573-1time as the department adopts rules establishing a different
2standard for determining the income of a parent who does not
3provide income information or for whom income information
4is not available, the estimated state median income for a
5one-person family as published annually in the federal register
6for use by the federal office of community services, office of
7energy assistance, for the subsequent federal fiscal year.
8(1) This provision is effective beginning July 1, 1992,
9based upon the information published in the federal register
10dated March 8, 1991.
11(2) The unit Child support services may revise the estimated
12income each October 1. If the estimate is not available or has
13not been published, the unit child support services may revise
14the estimate when it becomes available.
15e. When the income information obtained pursuant to this
16subsection does not include the information necessary to
17determine the net monthly income of the parent, the unit child
18support services may deduct twenty percent from the parent’s
19gross monthly income to arrive at the net monthly income
20figure.
212. The amount of the income determined may be challenged any
22time prior to the entry of a new or modified order for support.
233. If the child support recovery unit services is providing
24services pursuant to this chapter, the court shall use the
25income figure determined pursuant to this section when applying
26the guidelines to determine the amount of support.
274. The department may develop rules as necessary to further
28implement disclosure of financial information of the parties.
29 Sec. 853. Section 252B.7B, Code 2023, is amended to read as
30follows:
31252B.7B Informational materials provided by the unit child
32support services.
331. The unit Child support services shall prepare and make
34available to the public, informational materials which explain
35the unit’s child support services’ procedures including, but
-574-1not limited to, procedures with regard to all of the following:
2a. Accepting applications for services.
3b. Locating individuals.
4c. Establishing paternity.
5d. Establishing support.
6e. Enforcing support.
7f. Modifying, suspending, or reinstating support.
8g. Terminating services.
92. The informational materials shall include general
10information about and descriptions of the processes involved
11relating to the services provided by the unit child support
12services including application for services, fees for services,
13the responsibilities of the recipient of services, resolution
14of disagreements with the unit child support services, rights
15to challenge the actions of the unit child support services,
16and obtaining additional information.
17 Sec. 854. Section 252B.8, Code 2023, is amended to read as
18follows:
19252B.8 Central information center.
20The department shall establish within the unit child support
21services an information and administration coordinating center
22which shall serve as a registry for the receipt of information
23and for answering interstate inquiries concerning absent
24parents and shall coordinate and supervise unit child support
25services’ activities. The information and administration
26coordinating center shall promote cooperation between the
27unit child support services and law enforcement agencies to
28facilitate the effective operation of the unit child support
29services.
30 Sec. 855. Section 252B.9, Code 2023, is amended to read as
31follows:
32252B.9 Information and assistance from others — availability
33of records.
341. a. The director may request from state, county, and
35local agencies information and assistance deemed necessary to
-575-1carry out the provisions of this chapter. State, county, and
2local agencies, officers, and employees shall cooperate with
3the unit child support services and shall on request supply the
4department with available information relative to the absent
5parent, the custodial parent, and any other necessary party,
6notwithstanding any provisions of law making this information
7confidential. The cooperation and information required by this
8subsection shall also be provided when it is requested by a
9child support agency. Information required by this subsection
10includes, but is not limited to, information relative to
11location, income, property holdings, records of licenses as
12defined in section 252J.1, and records concerning the ownership
13and control of corporations, partnerships, and other business
14entities. If the information is maintained in an automated
15database, the unit child support services shall be provided
16automated access.
17b. Parents of a child on whose behalf support enforcement
18services are provided shall provide information regarding
19income, resources, financial circumstances, and property
20holdings to the department for the purpose of establishment,
21modification, or enforcement of a support obligation. The
22department may provide the information to parents of a child
23as needed to implement the requirements of section 598.21B,
24notwithstanding any provisions of law making this information
25confidential.
26c. Notwithstanding any provisions of law making this
27information confidential, all persons, including for-profit,
28nonprofit, and governmental employers, shall, on request,
29promptly supply the unit child support services or a child
30support agency information on the employment, compensation,
31and benefits of any individual employed by such person as
32an employee or contractor with relation to whom the unit
33 child support services or a child support agency is providing
34services.
35d. Notwithstanding any provisions of law making this
-576-1information confidential, the unit child support services may
2subpoena or a child support agency may use the administrative
3subpoena form promulgated by the secretary of the United
4States department of health and human services under 42 U.S.C.
5§652(a)(11)(C), to obtain any of the following:
6(1) Books, papers, records, or information regarding any
7financial or other information relating to a paternity or
8support proceeding.
9(2) Certain records held by public utilities, cable or
10other television companies, cellular telephone companies, and
11internet service providers with respect to individuals who
12owe or are owed support, or against or with respect to whom
13a support obligation is sought, consisting of the names and
14addresses of such individuals and the names and addresses of
15the employers of such individuals, as appearing in customer
16records, and including the cellular telephone numbers of such
17individuals appearing in the customer records of cellular
18telephone companies. If the records are maintained in
19automated databases, the unit child support services shall be
20provided with automated access.
21e. The unit Child support services or a child support agency
22may subpoena information for one or more individuals.
23f. If the unit child support services or a child support
24agency issues a request under paragraph “c”, or a subpoena under
25paragraph “d”, all of the following shall apply:
26(1) The unit Child support services or a child support
27agency may issue a request or subpoena to a person by sending
28it by regular mail. Proof of service may be completed
29according to rule of civil procedure 1.442.
30(2) A person who is not a parent or putative father in a
31paternity or support proceeding, who is issued a request or
32subpoena, shall be provided an opportunity to refuse to comply
33for good cause by filing a request for a conference with the
34unit child support services or a child support agency in the
35manner and within the time specified in rules adopted pursuant
-577-1to subparagraph (7).
2(3) Good cause shall be limited to mistake in the identity
3of the person, or prohibition under federal law to release such
4information.
5(4) After the conference the unit child support services
6 shall issue a notice finding that the person has good cause
7for refusing to comply, or a notice finding that the person
8does not have good cause for failing to comply. If the person
9refuses to comply after issuance of notice finding lack of good
10cause, or refuses to comply and does not request a conference,
11the person is subject to a penalty of one hundred dollars per
12refusal.
13(5) If the person fails to comply with the request or
14subpoena, fails to request a conference, and fails to pay a
15penalty imposed under subparagraph (4), the unit child support
16services may petition the district court to compel the person
17to comply with this paragraph. If the person objects to
18imposition of the penalty, the person may seek judicial review
19by the district court.
20(6) If a parent or putative father fails to comply with a
21subpoena or request for information, the provisions of chapter
22252J shall apply.
23(7) The unit Child support services may adopt rules pursuant
24to chapter 17A to implement this section.
25g. Notwithstanding any provisions of law making this
26information confidential, the unit child support services
27 or a child support agency shall have access to records and
28information held by financial institutions with respect to
29individuals who owe or are owed support, or with respect to
30whom a support obligation is sought including information on
31assets and liabilities. If the records are maintained in
32automated databases, the unit child support services shall
33be provided with automated access. For the purposes of this
34section, “financial institution” means financial institution as
35defined in section 252I.1.
-578- 1h. Notwithstanding any law to the contrary, the unit
2 child support services and a child support agency shall have
3access to any data maintained by the state of Iowa which
4contains information that would aid the agency in locating
5individuals. Such information shall include, but is not
6limited to, driver’s license, motor vehicle, and criminal
7justice information. However, the information does not include
8criminal investigative reports or intelligence files maintained
9by law enforcement. The unit Child support services and a
10 child support agency shall use or disclose the information
11obtained pursuant to this paragraph only in accordance with
12subsection 3. Criminal history records maintained by the
13department of public safety shall be disclosed in accordance
14with chapter 692. The unit Child support services shall also
15have access to the protective order file maintained by the
16department of public safety.
17i. Liability shall not arise under this subsection with
18respect to any disclosure by a person as required by this
19subsection, and no advance notice from the unit child support
20services or a child support agency is required prior to
21requesting information or assistance or issuing a subpoena
22under this subsection.
23j. Notwithstanding any provision of law making this
24information confidential, data provided to the department by an
25insurance carrier under section 505.25 shall also be provided
26to the unit child support services. Provision of data to the
27unit child support services under this paragraph shall not
28require an agreement or modification of an agreement between
29the department and an insurance carrier, but the provisions
30of this section applicable to information received by the
31unit child support services shall apply to the data received
32pursuant to section 505.25 in lieu of any confidentiality,
33privacy, disclosure, use, or other provisions of an agreement
34between the department and an insurance carrier.
352. Notwithstanding other statutory provisions to the
-579-1contrary, including but not limited to chapters 22 and 217, as
2the chapters relate to confidentiality of records maintained by
3the department, the payment records of the collection services
4center maintained under section 252B.13A may be released,
5except when prohibited by federal law or regulation, only as
6follows:
7a. Payment records of the collection services center may
8be released upon request for the administration of a plan or
9program approved for the supplemental nutrition assistance
10program or under Tit.IV, XIX, or XXI of the federal Social
11Security Act, as amended, and as otherwise permitted under Tit.
12IV-D of the federal Social Security Act, as amended. A payment
13record shall not include address or location information.
14b. The department may release details related to payment
15records or provide alternative formats for release of the
16information for the administration of a plan or program under
17Tit.IV-D of the federal Social Security Act, as amended,
18including as follows:
19(1) The unit Child support services or the collection
20services center may provide detail or present the information
21in an alternative format to an individual or to the
22individual’s legal representative if the individual owes or is
23owed a support obligation, to an agency assigned the obligation
24as the result of receipt by a party of public assistance, to an
25agency charged with enforcing child support pursuant to Tit.
26IV-D of the federal Social Security Act, as amended, or to the
27court.
28(2) For support orders entered in Iowa which are being
29enforced by the unit child support services, the unit child
30support services may compile and make available for publication
31a listing of cases in which no payment has been credited to
32an accrued or accruing support obligation during a previous
33three-month period. Each case on the list shall be identified
34only by the name of the support obligor, the address, if known,
35of the support obligor, unless the information pertaining
-580-1to the address of the support obligor is protected through
2confidentiality requirements established by law and has not
3otherwise been verified with the unit child support services,
4the support obligor’s court order docket or case number, the
5county in which the obligor’s support order is filed, the
6collection services center case numbers, and the range within
7which the balance of the support obligor’s delinquency is
8established. The department shall determine dates for the
9release of information, the specific format of the information
10released, and the three-month period used as a basis for
11identifying cases. The department may not release the
12information more than twice annually. In compiling the listing
13of cases, no prior public notice to the obligor is required,
14but the unit child support services may send notice annually
15by mail to the current known address of any individual owing a
16support obligation which is being enforced by the unit child
17support services. The notice shall inform the individual of
18the provisions of this subparagraph. Actions taken pursuant to
19this subparagraph are not subject to review under chapter 17A,
20and the lack of receipt of a notice does not prevent the unit
21 child support services from proceeding in implementing this
22subparagraph.
23(3) The provisions of subparagraph (2) may be applied to
24support obligations entered in another state, at the request
25of a child support agency if the child support agency has
26demonstrated that the provisions of subparagraph (2) are not
27in conflict with the laws of the state where the support
28obligation is entered and the unit child support services is
29enforcing the support obligation.
30(4) Records relating to the administration, collection, and
31enforcement of surcharges pursuant to section 252B.23 which are
32recorded by the unit child support services or a collection
33entity shall be confidential records except that information,
34as necessary for support collection and enforcement, may be
35provided to other governmental agencies, the obligor or the
-581-1resident parent, or a collection entity under contract with
2the unit child support services unless otherwise prohibited
3by the federal law. A collection entity under contract with
4the unit child support services shall use information obtained
5for the sole purpose of fulfilling the duties required under
6the contract, and shall disclose any records obtained by the
7collection entity to the unit child support services for use in
8support establishment and enforcement.
93. Notwithstanding other statutory provisions to the
10contrary, including but not limited to chapters 22 and 217,
11as the chapters relate to the confidentiality of records
12maintained by the department, information recorded by the
13department pursuant to this section or obtained by the unit
14 child support services is confidential and, except when
15prohibited by federal law or regulation, may be used or
16disclosed as provided in subsection 1, paragraphs “b” and “h”,
17and subsection 2, and as follows:
18a. The attorney general may utilize the information
19to secure, modify, or enforce a support obligation of an
20individual.
21b. This subsection shall not permit or require the release
22of information, except to the extent provided in this section.
23c. The unit Child support services may release or disclose
24information as necessary to provide services under section
25252B.5, as provided by chapter 252G, as provided by Tit.IV-D
26of the federal Social Security Act, as amended, or as required
27by federal law.
28d. The unit Child support services may release information
29under section 252B.9A to meet the requirements of Tit.IV-D of
30the federal Social Security Act for parent locator services.
31e. Information may be released if directly connected with
32any of the following:
33(1) The administration of a plan or program approved for
34the supplemental nutrition assistance program or under Tit.IV,
35XIX, or XXI of the federal Social Security Act, as amended.
-582- 1(2) Any investigations, prosecutions, or criminal or civil
2proceeding conducted in connection with the administration of
3any such plan or program.
4(3) Reporting to an appropriate agency or official of
5any such plan or program, information on known or suspected
6instances of physical or mental injury, sexual abuse or
7exploitation, or negligent treatment or maltreatment of a child
8who is the subject of a child support enforcement action under
9circumstances which indicate that the child’s health or welfare
10is threatened.
11f. Information may be released to courts having jurisdiction
12in support proceedings. If a court issues an order, which is
13not entered under section 252B.9A, directing the unit child
14support services to disclose confidential information, the unit
15 child support services may file a motion to quash pursuant to
16this chapter, Tit.IV-D of the federal Social Security Act, or
17other applicable law.
18g. The child Child support recovery unit services may
19release information for the administration of a plan or program
20approved for the supplemental nutrition assistance program or
21under Tit.IV, XIX, or XXI of the federal Social Security Act,
22as amended, specified under subsection 2 or this subsection, to
23the extent the release of information does not interfere with
24the unit child support services meeting its own obligations
25under Tit.IV-D of the federal Social Security Act, as amended,
26and subject to requirements prescribed by the federal office
27of child support enforcement of the United States department
28of health and human services.
29h. For purposes of this subsection, “party” means an absent
30parent, obligor, resident parent, or other necessary party.
31i. If the unit child support services receives notification
32under this paragraph, the unit child support services shall
33notify the federal parent locator service as required by
34federal law that there is reasonable evidence of domestic
35violence or child abuse against a party or a child and that the
-583-1disclosure of information could be harmful to the party or the
2child. The notification to the federal parent locator service
3shall be known as notification of a disclosure risk indicator.
4For purposes of this paragraph, the unit child support services
5 shall notify the federal parent locator service of a disclosure
6risk indicator only if at least one of the following applies:
7(1) The unit Child support services receives notification
8that the department, or comparable agency of another state, has
9made a finding of good cause or other exception as provided in
10section 252B.3, or comparable law of another state.
11(2) The unit Child support services receives and, through
12automation, matches notification from the department of public
13safety or the unit child support services receives notification
14from a court of this or another state, that a court has issued
15a protective order or no-contact order against a party with
16respect to another party or child.
17(3) The unit Child support services receives notification
18that a court has dismissed a petition for specified
19confidential information pursuant to section 252B.9A.
20(4) The unit Child support services receives a copy, regular
21on its face, of a notarized affidavit or a pleading, which was
22signed by and made under oath by a party, under chapter 252K,
23the uniform interstate family support Act, or the comparable
24law of another state, alleging the health, safety, or liberty
25of the party or child would be jeopardized by the disclosure
26of specific identifying information unless a tribunal under
27chapter 252K, the uniform interstate family support Act, or
28the comparable law of another state, ordered the identifying
29information of a party or child be disclosed.
30(5) The unit Child support services receives and, through
31automation, matches notification from the division of child and
32family services of the department, or the unit child support
33services receives notification from a comparable agency of
34another state, of a founded allegation of child abuse, or a
35comparable finding under the law of the other state.
-584- 1(6) The unit Child support services receives notification
2that an individual has an exemption from cooperation with child
3support enforcement under a family investment program safety
4plan which addresses family or domestic violence.
5(7) The unit Child support services receives notification
6that an individual is a certified program participant as
7provided in chapter 9E.
8(8) The unit Child support services receives notification,
9as the result of a request under section 252B.9A, of the
10existence of any finding, order, affidavit, pleading, safety
11plan, certification, or founded allegation referred to in
12subparagraphs (1) through (7) of this paragraph.
13j. The unit Child support services may provide information
14regarding delinquent obligors as provided in 42 U.S.C.
15§666(a)(7) to a consumer reporting agency if all the following
16apply:
17(1) The agency provides the unit child support services with
18satisfactory evidence that it is a consumer reporting agency
19as defined in 15 U.S.C. §1681a(f) and meets all the following
20requirements:
21(a) Compiles and maintains files on consumers on a
22nationwide basis as provided in 15 U.S.C. §1681a(p).
23(b) Participates jointly with other nationwide consumer
24reporting agencies in providing annual free credit reports to
25consumers upon request through a centralized source as required
26by the federal trade commission in 16 C.F.R. §610.2.
27(2) The agency has entered into an agreement with the
28unit child support services regarding receipt and use of the
29information.
304. Nothing in this chapter, chapter 252A, 252C, 252D,
31252E, 252F, 252G, 252H, 252I, 252J, or 252K, or any other
32comparable chapter or law shall preclude the unit child support
33services from exchanging any information, notice, document, or
34certification with any government or private entity, if the
35exchange is not otherwise prohibited by law, through mutually
-585-1agreed upon electronic data transfer rather than through other
2means.
3 Sec. 856. Section 252B.9A, Code 2023, is amended to read as
4follows:
5252B.9A Disclosure of confidential information — authorized
6person — court.
71. A person, except a court or government agency, who
8is an authorized person to receive specified confidential
9information under 42 U.S.C. §653, may submit a written request
10to the unit child support services for disclosure of specified
11confidential information regarding a nonrequesting party. The
12written request shall comply with federal law and regulations,
13including any attestation and any payment to the federal office
14of child support enforcement of the United States department
15of health and human services required by federal law or
16regulation, and shall include a sworn statement attesting to
17the reason why the requester is an authorized person under
1842 U.S.C. §653, including that the requester would use the
19confidential information only for purposes permitted in that
20section.
212. Upon receipt of a request from an authorized person
22which meets all of the requirements under subsection 1, the
23unit child support services shall search available records as
24permitted by law or shall request the information from the
25federal parent locator service as provided in 42 U.S.C. §653.
26a. If the unit child support services locates the specified
27confidential information, the unit child support services shall
28disclose the information to the extent permitted under federal
29law, unless one of the 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
-586-1not 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 a
5notice of the request to the subject of the request by regular
6mail.
7b. If the unit child support services locates the specified
8confidential information, but the unit child support services
9 is prohibited from disclosing confidential information under
10paragraph “a”, the unit child support services shall deny the
11request and notify the requester of the denial in writing.
12Upon receipt of a written notice from the unit child support
13services denying the request, the requester may file a petition
14in district court for an order directing the unit child support
15services to release the requested information to the court as
16provided in subsection 3.
173. A person may file a petition in district court for
18disclosure of specified confidential information. The petition
19shall request that the court direct the unit child support
20services to release specified confidential information to
21the court, that the court make a determination of harm if
22appropriate, and that the court release specified confidential
23information to the petitioner.
24a. The petition shall include a sworn statement attesting
25to the intended use of the information by the petitioner as
26allowed by federal law. Such statement may specify any of the
27following intended uses:
28(1) To establish parentage, or to establish, set the amount
29of, modify, or enforce a child support obligation.
30(2) To make or enforce a child custody or visitation
31determination or order.
32(3) To carry out the duty or authority of the petitioner to
33investigate, enforce, or bring a prosecution with respect to
34the unlawful taking or restraint of a child.
35b. Upon the filing of a petition, the court shall enter an
-587-1order directing the unit child support services to release to
2the court within thirty days specified confidential information
3which the unit child support services would be permitted to
4release under 42 U.S.C. §653 and 42 U.S.C. §663, unless one of
5the following applies:
6(1) There is a notice from the federal parent locator
7service that there is reasonable evidence of domestic violence
8or child abuse pursuant to 42 U.S.C. §653(b)(2).
9(2) The unit Child support services has notified the federal
10parent locator service of a disclosure risk indicator as
11provided in section 252B.9, subsection 3, paragraph “i”, and has
12not removed that notification.
13(3) The unit Child support services receives notice of a
14basis for a disclosure risk indicator listed in section 252B.9,
15subsection 3, paragraph “i”, within twenty days of sending
16notice of the order to the subject of the request by regular
17mail. The unit Child support services shall include in the
18notice to the subject of the request a copy of the court order
19issued under this paragraph.
20c. Upon receipt of the order, the unit child support
21services shall comply as follows:
22(1) If the unit child support services has the specified
23confidential information, and none of the domestic violence,
24child abuse, or disclosure risk indicator provisions of
25paragraph “b” applies, the unit child support services shall
26file the confidential information with the court along with
27a statement that the unit child support services has not
28received any notice that the domestic violence, child abuse, or
29disclosure risk indicator provisions of paragraph “b” apply.
30The unit Child support services shall be granted at least
31thirty days to respond to the order. The court may extend
32the time for the unit child support services to comply. Upon
33receipt by the court of the confidential information under
34this subparagraph, the court may order the release of the
35information to the petitioner.
-588- 1(2) If the unit child support services has the specified
2confidential information, and the domestic violence, child
3abuse, or disclosure risk indicator provision of paragraph “b”
4applies, the unit child support services shall file with the
5court a statement that the domestic violence, child abuse,
6or disclosure risk indicator provision of paragraph “b”
7applies, along with any information the unit child support
8services has received related to the domestic violence, child
9abuse, or disclosure risk indicator. The unit Child support
10services shall be granted at least thirty days to respond to
11the order. The court may extend the time for the unit child
12support services to comply. Upon receipt by the court of
13information from the unit child support services under this
14subparagraph, the court shall make a finding whether disclosure
15of confidential information to any other person could be
16harmful to the nonrequesting party or child. In making the
17finding, the court shall consider any relevant information
18provided by the parent or child, any information provided by
19the unit child support services or by a child support agency,
20any information provided by the petitioner, and any other
21relevant evidence. The unit Child support services or unit’s
22 a child support services’ attorney does not represent any
23individual person in this proceeding.
24(a) If the court finds that disclosure of confidential
25information to any other person could be harmful to the
26nonrequesting party or child, the court shall dismiss the
27petition for disclosure and notify the unit child support
28services to notify the federal parent locator service of a
29disclosure risk indicator.
30(b) If the court does not find that disclosure of specified
31confidential information to any other person could be harmful
32to the nonrequesting party or child, the court shall notify the
33unit child support services to file the specified confidential
34information with the court. Upon receipt by the court of the
35specified confidential information, the court may release the
-589-1information to the petitioner and inform the unit child support
2services to remove the disclosure risk indicator.
3(3) If the unit child support services does not have the
4specified confidential information and cannot obtain the
5information from the federal parent locator service, the unit
6 child support services shall comply with the order by notifying
7the court of the lack of information.
84. The confidential information which may be released by
9the unit child support services to a party under subsection
102, or by the unit child support services to the court under
11subsection 3, shall be limited by the federal Social Security
12Act and other applicable federal law, and the unit child
13support services may use the sworn statement filed pursuant to
14subsection 1 or 3 in applying federal law. Any information
15filed with the court by the unit child support services, when
16certified over the signature of a designated employee, shall
17be considered to be satisfactorily identified and shall be
18admitted as evidence, without requiring third-party foundation
19testimony. Additional proof of the official character of the
20person certifying the document or the authenticity of the
21person’s signature shall not be required.
225. When making a request for confidential information under
23this section, a party or petitioner shall indicate the specific
24information requested.
256. For purposes of this section, “party” means party as
26defined in section 252B.9, subsection 3.
277. The unit Child support services may adopt rules pursuant
28to chapter 17A to prescribe provisions in addition to or in
29lieu of the provisions of this section to comply with federal
30requirements for parent locator services or the safeguarding
31of information.
32 Sec. 857. Section 252B.11, Code 2023, is amended to read as
33follows:
34252B.11 Recovery of costs of collection services.
35The unit Child support services may initiate necessary civil
-590-1proceedings to recover the unit’s child support services’ costs
2of support collection services provided to an individual,
3whether or not the individual is a public assistance recipient,
4from an individual who owes and is able to pay a support
5obligation but willfully fails to pay the obligation. The unit
6 Child support services may seek a lump sum recovery of the
7unit’s child support services’ costs or may seek to recover the
8unit’s child support services’ costs through periodic payments
9which are in addition to periodic support payments. If the
10unit’s child support services’ costs are recovered from an
11individual owing a support obligation, the costs shall not be
12deducted from the amount of support money received from the
13individual. The costs collected pursuant to this section shall
14be retained by the department for use by the unit child support
15services. The director or a designee shall keep an accurate
16record of funds so retained.
17 Sec. 858. Section 252B.13A, Code 2023, is amended to read
18as follows:
19252B.13A Collection services center.
201. The department shall establish within the unit child
21support services a collection services center for the receipt
22and disbursement of support payments as defined in section
23252D.16 or 598.1 as required for orders by section 252B.14.
24For purposes of this section, support payments do not include
25attorney fees, court costs, or property settlements. The
26center may also receive and disburse surcharges as provided in
27section 252B.23.
282. a. The collection services center shall meet the
29requirements for a state disbursement unit pursuant to 42
30U.S.C. §654b, section 252B.14, and this section by October 1,
311999.
32b. Prior to October 1, 1999, the department and the
33judicial branch shall enter into a cooperative agreement for
34implementation of the state disbursement unit requirement. The
35agreement shall include, but is not limited to, provisions for
-591-1all of the following:
2(1) Coordination with the state case registry created in
3section 252B.24.
4(2) The receipt and disbursement of income withholding
5payments for orders not receiving services from the unit child
6support services pursuant to section 252B.14, subsection 4.
7(3) The transmission of information, orders, and documents,
8and access to information.
9(4) Furnishing, upon request, timely information on the
10current status of support payments as provided in 42 U.S.C.
11§654b(b)(4), in a manner consistent with state law.
12(5) The notification of payors of income to direct income
13withholding payments to the collection services center as
14provided in section 252B.14, subsection 4.
15 Sec. 859. Section 252B.14, subsections 2 and 5, Code 2023,
16are amended to read as follows:
172. For support orders being enforced by the child support
18recovery unit services, support payments made pursuant to the
19order shall be directed to and disbursed by the collection
20services center or, as appropriate, a comparable government
21entity in another state as provided in chapter 252K.
225. If the collection services center is receiving and
23disbursing payments pursuant to a support order, but the unit
24 child support services is not providing other services under
25Tit.IV-D of the federal Social Security Act, or if the order
26is not being enforced by the unit child support services,
27the parties to that order are not considered to be receiving
28services under this chapter.
29 Sec. 860. Section 252B.15, subsection 1, Code 2023, is
30amended to read as follows:
311. The collection services center shall notify the clerk
32of the district court of any order for which the child support
33recovery unit services is providing enforcement services. The
34clerk of the district court shall forward any support payment
35made pursuant to the order, along with any support payment
-592-1information, to the collection services center. Unless the
2agreement developed pursuant to section 252B.13A otherwise
3provides, the clerk of the district court shall forward any
4support payment made and any support payment information
5provided through income withholding pursuant to chapter 252D,
6to the collection services center. The collection services
7center shall process and disburse the payment in accordance
8with federal requirements.
9 Sec. 861. Section 252B.16, Code 2023, is amended to read as
10follows:
11252B.16 Transfer of support order processing responsibilities
12— ongoing procedures.
131. For a support order being processed by the clerk of
14the district court, upon notification that the unit child
15support services is providing enforcement services related to
16the order, the clerk of the district court shall immediately
17transfer the responsibility for the disbursement of support
18payments received pursuant to the order to the collection
19services center.
202. The department shall adopt rules pursuant to chapter
2117A to ensure that the affected parties are notified that
22the support payment disbursement responsibilities have been
23transferred to the collection services center from the clerk
24of the district court. The rules shall include a provision
25requiring that a notice shall be sent by regular mail to the
26last known addresses of the obligee and the obligor. The
27issuance of notice to the obligor is the equivalent of a court
28order requiring the obligor to direct payment to the collection
29services center for disbursement.
303. Once the responsibility for receiving and disbursing
31support payments has been transferred from a clerk of the
32district court to the collection services center, the
33responsibility shall remain with the collection services
34center even if the child support recovery unit services is no
35longer providing enforcement services, unless redirected by
-593-1court order. However, the responsibility for receiving and
2disbursing income withholding payments shall not be redirected
3to a clerk of the district court.
44. As provided in sections 252K.307 and 252K.319, the unit
5 child support services may issue and file with the clerk of
6the district court, a notice redirecting support payments to
7a comparable government entity responsible for the processing
8and disbursement of support payments in another state. The
9unit Child support services shall send a copy of the notice by
10regular mail to the last known addresses of the obligor and
11obligee and, where applicable, shall notify the payor of income
12to make payments as specified in the notice. The issuance
13and filing of the notice is the equivalent of a court order
14redirecting support.
15 Sec. 862. Section 252B.17A, Code 2023, is amended to read
16as follows:
17252B.17A Imaging or photographic copies — originals
18destroyed.
191. If the unit child support services, in the regular
20course of business or activity, has recorded or received any
21memorandum, writing, entry, print, document, representation,
22or combination thereof, of any act, transaction, occurrence,
23event, or communication from any source, and in the regular
24course of business has caused any or all of the same to
25be recorded, copied, or reproduced by any photographic,
26photostatic, microfilm, microcard, miniature photographic,
27electronic imaging, electronic data processing, or other
28process which accurately reproduces or forms a durable
29medium for accurately and legibly reproducing an unaltered
30image or reproduction of the original, the original may be
31destroyed. Such reproduction, when satisfactorily identified,
32is as admissible in evidence as the original itself in any
33judicial or administrative proceeding whether the original is
34in existence or not and an enlargement or facsimile of such
35reproduction is likewise admissible in evidence if the original
-594-1recording, copy, or reproduction is in existence and available
2for inspection. The introduction of a reproduced record,
3enlargement, or facsimile, does not preclude admission of the
4original.
52. The electronically imaged, copied, or otherwise
6reproduced record or document maintained or received by the
7unit child support services, when certified over the signature
8of a designated employee of the unit child support services,
9shall be considered to be satisfactorily identified. Certified
10documents are deemed to have been imaged or copied or otherwise
11reproduced accurately and unaltered in the regular course of
12business, and such documents are admissible in any judicial or
13administrative proceeding as evidence. Additional proof of
14the official character of the person certifying the record or
15authenticity of the person’s signature shall not be required.
16Whenever the unit child support services or an employee of the
17unit child support services is served with a summons, subpoena,
18subpoena duces tecum, or order directing production of such
19records, the unit child support services or the employee may
20comply by transmitting a copy of the record certified as
21described above to the district court.
22 Sec. 863. Section 252B.20, Code 2023, is amended to read as
23follows:
24252B.20 Suspension of support — request by mutual consent.
251. If the unit child support services is providing child
26support enforcement services pursuant to this chapter, the
27parents of a dependent child for whom support has been ordered
28pursuant to chapter 252A, 252C, 252F, 598, 600B, or any other
29chapter, may jointly request the assistance of the unit child
30support services in suspending the obligation for support if
31all of the following conditions exist:
32a. The parents have reconciled and are cohabiting, and
33the child for whom support is ordered is living in the same
34residence as the parents, or the child is currently residing
35with the parent who is ordered to pay support. If the basis for
-595-1suspension under this paragraph applies to at least one but not
2all of the children for whom support is ordered, the condition
3of this paragraph is met only if the support order includes a
4step change.
5b. The child for whom support is ordered is not receiving
6public assistance pursuant to chapter 239B, 249A, or a
7comparable law of another state or foreign country, unless the
8person against whom support is ordered is considered to be a
9member of the same household as the child for the purposes of
10public assistance eligibility.
11c. The parents have signed a notarized affidavit attesting
12to the conditions under paragraphs “a” and “b”, have consented
13to suspension of the support order or obligation, and have
14submitted the affidavit to the unit child support services.
15d. No prior request for suspension has been filed with
16the unit child support services under this section and no
17prior request for suspension has been served by the unit child
18support services under section 252B.20A during the two-year
19period preceding the request.
20e. Any other criteria established by rule of the department.
212. Upon receipt of the application for suspension and
22properly executed and notarized affidavit, the unit child
23support services shall review the application and affidavit to
24determine that the necessary criteria have been met. The unit
25 Child support services shall then do one of the following:
26a. Deny the request and notify the parents in writing
27that the application is being denied, providing reasons for
28the denial and notifying the parents of the right to proceed
29through private counsel. Denial of the application is not
30subject to contested case proceedings or further review
31pursuant to chapter 17A.
32b. Approve the request and prepare an order which shall be
33submitted, along with the affidavit, to a judge of a district
34court for approval, suspending the accruing support obligation
35and, if requested by the obligee, and if not prohibited by
-596-1chapter 252K, satisfying the obligation of support due the
2obligee. If the basis for suspension applies to at least one
3but not all of the children for whom support is ordered and the
4support order includes a step change, the unit child support
5services shall prepare an order suspending the accruing support
6obligation for each child to whom the basis for suspension
7applies.
83. An order approved by the court for suspension of an
9accruing support obligation is effective upon the date of
10filing of the suspension order. The satisfaction of an
11obligation of support due the obligee shall be final upon the
12filing of the suspension order. A support obligation which is
13satisfied is not subject to the reinstatement provisions of
14this section.
154. An order suspending an accruing support obligation
16entered by the court pursuant to this section shall be
17considered a temporary order for the period of six months from
18the date of filing of the suspension order. However, the
19six-month period shall not include any time during which an
20application for reinstatement is pending before the court.
215. During the six-month period the unit child support
22services may request that the court reinstate the accruing
23support order or obligation if any of the following conditions
24exist:
25a. Upon application to the unit child support services by
26either parent or other person who has physical custody of the
27child.
28b. Upon the receipt of public assistance benefits, pursuant
29to chapter 239B, 249A, or a comparable law of another state
30or foreign country, by the person entitled to receive support
31and the child on whose behalf support is paid, provided that
32the person owing the support is not considered to be a member
33of the same household as the child for the purposes of public
34assistance eligibility.
356. If a condition under subsection 5 exists, the unit
-597-1 child support services may request that the court reinstate an
2accruing support obligation as follows:
3a. If the basis for the suspension no longer applies to any
4of the children for whom an accruing support obligation was
5suspended, the unit child support services shall request that
6the court reinstate the accruing support obligations for all of
7the children.
8b. If the basis for the suspension continues to apply to
9at least one but not all of the children for whom an accruing
10support obligation was suspended and if the support order
11includes a step change, the unit child support services
12 shall request that the court reinstate the accruing support
13obligation for each child for whom the basis for the suspension
14no longer applies.
157. Upon filing of an application for reinstatement, service
16of the application shall be made either in person or by first
17class mail upon both parents. Within ten days following the
18date of service, the parents may file a written objection with
19the clerk of the district court to the entry of an order for
20reinstatement.
21a. If no objection is filed, the court may enter an order
22reinstating the accruing support obligation without additional
23notice.
24b. If an objection is filed, the clerk of court shall set
25the matter for hearing and send notice of the hearing to both
26parents and the unit child support services.
278. The reinstatement is effective as follows:
28a. For reinstatements initiated under subsection 5,
29paragraph “a”, the date the notices were served on both parents
30pursuant to subsection 7.
31b. For reinstatements initiated under subsection 5,
32paragraph “b”, the date the child began receiving public
33assistance benefits during the suspension of the obligation.
34c. Support which became due during the period of suspension
35but prior to the reinstatement is waived and not due and owing
-598-1unless the parties requested and agreed to the suspension under
2false pretenses.
39. If the order suspending a support obligation has been
4on file with the court for a period exceeding six months as
5computed pursuant to subsection 4, the order becomes final by
6operation of law and terminates the support obligation, and
7thereafter, a party seeking to establish a support obligation
8against either party shall bring a new action for support as
9provided by law.
1010. This section shall not limit the rights of the parents
11or the unit child support services to proceed by other means to
12suspend, terminate, modify, reinstate, or establish support.
1311. This section does not provide for the suspension or
14retroactive modification of support obligations which accrued
15prior to the entry of an order suspending enforcement and
16collection of support pursuant to this section. However, if in
17the application for suspension, an obligee elects to satisfy an
18obligation of accrued support due the obligee, the suspension
19order may satisfy the obligation of accrued support due the
20obligee.
2112. Nothing in this section shall prohibit or limit the
22unit child support services or a party entitled to receive
23support from enforcing and collecting any unpaid or unsatisfied
24support that accrued prior to the suspension of the accruing
25obligation.
2613. For the purposes of chapter 252H, subchapter II,
27regarding the criteria for a review or for a cost-of-living
28alteration under chapter 252H, subchapter IV, if a support
29obligation is terminated or reinstated under this section,
30such termination or reinstatement shall not be considered a
31modification of the support order.
3214. As used in this section, unless the context otherwise
33requires, “step change” means a change designated in a support
34order specifying the amount of the child support obligation
35as the number of children entitled to support under the order
-599-1changes.
215. As specified in this section, if the child for whom
3support is ordered is not receiving public assistance pursuant
4to chapter 239B, 249A, or a comparable law of another state
5or foreign country, upon agreement of the parents, the unit
6 child support services may facilitate the suspension of the
7child support order or obligation if the child is residing
8with a caretaker, who is a natural person, and who has not
9requested the unit child support services to provide services
10under this chapter. The parents and the caretaker shall sign
11a notarized affidavit attesting to the conditions under this
12section, consent to the suspension of the support order or
13obligation, and submit the affidavit to the unit child support
14services. Upon the receipt of public assistance benefits
15pursuant to chapter 239B, 249A, or a comparable law of another
16state or foreign country, by the child on whose behalf support
17is ordered, or upon application to the unit child support
18services by either parent or the caretaker, the unit child
19support services may, within the time periods specified in this
20section, request the reinstatement of the accruing support
21order or obligation pursuant to this section.
2216. The department may adopt all necessary and proper rules
23to administer and interpret this section.
24 Sec. 864. Section 252B.20A, Code 2023, is amended to read
25as follows:
26252B.20A Suspension of support — request by one party.
271. If the unit child support services is providing child
28support enforcement services pursuant to this chapter, the
29obligor who is ordered to pay support for the dependent child
30pursuant to chapter 252A, 252C, or 252F, may request the
31assistance of the unit child support services in suspending
32the obligation for support if all of the following conditions
33exist:
34a. The child is currently residing with the obligor and has
35been for more than sixty consecutive days. If the basis for
-600-1suspension under this paragraph applies to at least one but not
2all of the children for whom support is ordered, the condition
3of this paragraph is met only if the support order includes a
4step change.
5b. There is no order in effect regarding legal custody,
6physical care, visitation, or other parenting time for the
7child.
8c. It is reasonably expected that the basis for suspension
9under this section will continue for not less than six months.
10d. The child for whom support is ordered is not receiving
11public assistance pursuant to chapter 239B, 249A, or a
12comparable law of another state or foreign country, unless the
13obligor is considered to be a member of the same household as
14the child for the purposes of public assistance eligibility.
15e. The obligor has signed a notarized affidavit, provided
16by the unit child support services, attesting to the existence
17of the conditions under paragraphs “a” through “d”, has
18requested suspension of the support order or obligation, and
19has submitted the affidavit to the unit child support services.
20f. No prior request for suspension has been served under
21this section, and no prior request for suspension has been
22filed with the unit child support services pursuant to section
23252B.20, during the two-year period preceding the request.
24g. Any other criteria established by rule of the department.
252. Upon receipt of the application for suspension and
26properly executed and notarized affidavit, the unit child
27support services shall review the application and affidavit
28to determine that the criteria have been met. The unit Child
29support services shall then do one of the following:
30a. If the unit child support services determines the
31criteria have not been met, deny the request and notify the
32obligor in writing that the application is being denied,
33providing reasons for the denial and notifying the obligor of
34the right to proceed through private counsel. Denial of the
35application is not subject to contested case proceedings or
-601-1further review pursuant to chapter 17A.
2b. If the unit child support services determines the
3criteria have been met, serve a copy of the notice and
4supporting documents on the obligee by any means provided in
5section 252B.26. The notice to the obligee shall include all
6of the following:
7(1) Information sufficient to identify the parties and the
8support order affected.
9(2) An explanation of the procedure for suspension and
10reinstatement of support under this section.
11(3) An explanation of the rights and responsibilities of the
12obligee, including the applicable procedural time frames.
13(4) A statement that within twenty days of service, the
14obligee must submit a signed and notarized response to the
15unit child support services objecting to at least one of the
16assertions in subsection 1, paragraphs “a” through “d”. The
17statement shall inform the obligee that if, within twenty days
18of service, the obligee fails to submit a response as specified
19in this subparagraph, notwithstanding rules of civil procedure
201.972(2) and 1.972(3), the unit child support services will
21prepare and submit an order as provided in subsection 3,
22paragraph “b”.
233. No sooner than thirty days after service on the obligee
24under subsection 2, paragraph “b”, the unit child support
25services shall do one of the following:
26a. If the obligee submits a signed and notarized objection
27to any assertion in subsection 1, paragraphs “a” through “d”,
28deny the request and notify the parties in writing that the
29application is denied, providing reasons for the denial, and
30notifying the parties of the right to proceed through private
31counsel. Denial of the application is not subject to contested
32case proceedings or further review pursuant to chapter 17A.
33b. If the obligee does not timely submit a signed and
34notarized objection to the unit child support services, prepare
35an order which shall be submitted, along with supporting
-602-1documents, to a judge of a district court for approval,
2suspending the accruing support obligation. If the basis for
3suspension applies to at least one but not all of the children
4for whom support is ordered and the support order includes a
5step change, the unit child support services shall prepare an
6order suspending the accruing support obligation for each child
7to whom the basis for suspension applies.
84. An order approved by the court for suspension of an
9accruing support obligation is effective upon the date of
10filing of the suspension order.
115. An order suspending an accruing support obligation
12entered by the court pursuant to this section shall be
13considered a temporary order for the period of six months from
14the date of filing of the suspension order. However, the
15six-month period shall not include any time during which an
16application for reinstatement is pending before the court.
176. During the six-month period, the unit child support
18services may request that the court reinstate the accruing
19support order or obligation if any of the following conditions
20exist:
21a. Upon application to the unit child support services by
22either party or other person who has physical custody of the
23child.
24b. Upon the receipt of public assistance benefits pursuant
25to chapter 239B, 249A, or a comparable law of another state
26or foreign country, by the person entitled to receive support
27and the child on whose behalf support is paid, provided that
28the person owing the support is not considered to be a member
29of the same household as the child for the purposes of public
30assistance eligibility.
317. If a condition under subsection 6 exists, the unit
32 child support services may request that the court reinstate an
33accruing support obligation as follows:
34a. If the basis for the suspension no longer applies to any
35of the children for whom an accruing support obligation was
-603-1suspended, the unit child support services shall request that
2the court reinstate the accruing support obligations for all of
3the children.
4b. If the basis for the suspension continues to apply to
5at least one but not all of the children for whom an accruing
6support obligation was suspended and if the support order
7includes a step change, the unit child support services
8 shall request that the court reinstate the accruing support
9obligation for each child for whom the basis for the suspension
10no longer applies.
118. Upon filing of an application for reinstatement, service
12of the application shall be made either in person or by first
13class mail upon the parties. Within ten days following the
14date of service, a party may file a written objection with
15the clerk of the district court to the entry of an order for
16reinstatement.
17a. If no objection is filed, the court may enter an order
18reinstating the accruing support obligation without additional
19notice.
20b. If an objection is filed, the clerk of court shall set
21the matter for hearing and send notice of the hearing to the
22parties and the unit child support services.
239. a. The reinstatement is effective as follows:
24(1) For reinstatements initiated under subsection 6,
25paragraph “a”, the date the notices were served on the parties
26pursuant to subsection 8.
27(2) For reinstatements initiated under subsection 6,
28paragraph “b”, the date the child began receiving public
29assistance benefits during the suspension of the obligation.
30b. Support which became due during the period of suspension
31but prior to the reinstatement is waived and not due and owing
32unless the suspension was made under false pretenses.
3310. If the order suspending a support obligation has been
34on file with the court for a period exceeding six months as
35computed pursuant to subsection 5, the order becomes final by
-604-1operation of law and terminates the support obligation, and
2thereafter, a party seeking to establish a support obligation
3against either party shall bring a new action for support as
4provided by law.
511. Legal representation of the unit child support services
6 shall be provided pursuant to section 252B.7, subsection 4.
712. This section shall not limit the rights of a party or
8the unit child support services to proceed by other means to
9suspend, terminate, modify, reinstate, or establish support.
1013. This section does not provide for the suspension or
11retroactive modification of support obligations which accrued
12prior to the entry of an order suspending enforcement and
13collection of support pursuant to this section.
1414. Nothing in this section shall prohibit or limit the
15unit child support services or a party entitled to receive
16support from enforcing and collecting any unpaid or unsatisfied
17support that accrued prior to the suspension of the accruing
18obligation.
1915. For the purposes of chapter 252H regarding the criteria
20for a review under subchapter II of that chapter or for a
21cost-of-living alteration under subchapter IV of that chapter,
22if a support obligation is terminated or reinstated under
23this section, such termination or reinstatement shall not be
24considered a modification of the support order.
2516. As used in this section, unless the context otherwise
26requires, “step change” means a change designated in a support
27order specifying the amount of the child support obligation
28as the number of children entitled to support under the order
29changes.
3017. As specified in this section, if the child for whom
31support is ordered is not receiving public assistance pursuant
32to chapter 239B, 249A, or a comparable law of another state
33or foreign country, upon request by the obligor, the unit
34 child support services may facilitate the suspension of the
35child support order or obligation if the child is residing
-605-1with a caretaker, who is a natural person, and who has not
2requested the unit child support services to provide services
3under this chapter. The obligor and the caretaker shall sign
4a notarized affidavit attesting to the conditions under this
5section, consent to the suspension of the support order or
6obligation, and submit the affidavit to the unit child support
7services. Upon the receipt of public assistance benefits
8pursuant to chapter 239B, 249A, or a comparable law of another
9state or foreign country, by the child on whose behalf support
10is ordered, or upon application to the unit child support
11services by either party or the caretaker, the unit child
12support services may, within the time periods specified in this
13section, request the reinstatement of the accruing support
14order or obligation pursuant to this section.
1518. The department may adopt all necessary and proper rules
16to administer and interpret this section.
17 Sec. 865. Section 252B.21, Code 2023, is amended to read as
18follows:
19252B.21 Administrative seek employment orders.
201. For any support order being enforced by the unit child
21support services, the unit child support services may enter
22an ex parte order requiring the obligor to seek employment
23if employment of the obligor cannot be verified and if the
24obligor has failed to make support payments. Advance notice is
25not required prior to entering the ex parte order. The order
26shall be served upon the obligor by regular mail, with proof of
27service completed as provided in rule of civil procedure 1.442.
28The unit Child support services shall file a copy of the order
29with the clerk of the district court.
302. The order to seek employment shall contain directives,
31including all of the following:
32a. That the obligor seek employment within a determinate
33amount of time.
34b. That the obligor file with the unit child support
35services on a weekly basis a report of at least five new
-606-1attempts to find employment or of having found employment. The
2report shall include the names, addresses, and the telephone
3numbers of any employers or businesses with whom the obligor
4attempted to seek employment and the name of the individual
5contact to whom the obligor made application for employment or
6to whom an inquiry was directed.
7c. That failure to comply with the notice is evidence of a
8willful failure to pay support under section 598.23A.
9d. That the obligor shall provide the child support recovery
10unit services with verification of any reason for noncompliance
11with the order.
12e. The duration of the order, not to exceed three months.
133. The department may establish additional criteria or
14requirements relating to seek employment orders by rule as
15necessary to implement this section.
16 Sec. 866. Section 252B.22, subsection 1, unnumbered
17paragraph 1, Code 2023, is amended to read as follows:
18The child Child support recovery unit services created in
19this chapter shall establish a task force to assist in the
20development and implementation of all of the following:
21 Sec. 867. Section 252B.23, Code 2023, is amended to read as
22follows:
23252B.23 Surcharge.
241. A surcharge shall be due and payable by the obligor on
25a support arrearage identified as difficult to collect and
26referred by the unit child support services on or after January
271, 1998, to a collection entity under contract with the unit
28 child support services or other state entity. The amount of
29the surcharge shall be a percent of the amount of the support
30arrearage referred to the collection entity and shall be
31specified in the contract with the collection entity. For the
32purpose of this chapter, a “collection entity” includes but is
33not limited to a state agency, including the central collection
34unit of the department of revenue, or a private collection
35agency. Use of a collection entity is in addition to any
-607-1other legal means by which support payments may be collected.
2The unit Child support services shall continue to use other
3enforcement actions, as appropriate.
42. a. Notice that a surcharge may be assessed on a support
5arrearage referred to a collection entity pursuant to this
6section shall be provided to an obligor in accordance with one
7of the following as applicable:
8(1) In the order establishing or modifying the support
9obligation. The unit Child support services or the district
10court shall include notice in any new or modified support order
11issued on or after July 1, 1997.
12(2) Through notice sent by the unit child support services
13 by regular mail to the last known address of the support
14obligor.
15b. The notice shall also advise that any appropriate
16information may be provided to a collection entity for purposes
17of administering and enforcing the surcharge.
183. Arrearages submitted for referral and surcharge pursuant
19to this section shall meet all of the following criteria:
20a. The arrearages owed shall be based on a court or
21administrative order which establishes the support obligation.
22b. The arrearage is due for a case in which the unit
23 child support services is providing services pursuant to this
24chapter and one for which the arrearage has been identified as
25difficult to collect by the unit child support services.
26c. The obligor was provided notice pursuant to subsection 2
27at least fifteen days prior to sending the notice of referral
28pursuant to subsection 4.
294. The unit Child support services shall send notice of
30referral to the obligor by regular mail to the obligor’s last
31known address, with proof of service completed according to
32rule of civil procedure 1.442, at least thirty days prior to
33the date the arrearage is referred to the collection entity.
34The notice shall inform the obligor of all of the following:
35a. The arrearage will be referred to a collection entity.
-608- 1b. Upon referral, a surcharge is due and payable by the
2obligor.
3c. The amount of the surcharge.
4d. That the obligor may avoid referral by paying the amount
5of the arrearage to the collection services center within
6twenty days of the date of notice of referral.
7e. That the obligor may contest the referral by submitting a
8written request for review of the unit child support services.
9The request shall be received by the unit child support
10services within twenty days of the date of the notice of
11referral.
12f. The right to contest the referral is limited to a mistake
13of fact, which includes a mistake in the identity of the
14obligor, a mistake as to fulfillment of the requirements for
15referral under this subsection, or a mistake in the amount of
16the arrearages.
17g. The unit Child support services shall issue a written
18decision following a requested review.
19h. Following the issuance of a written decision by the unit
20 child support services denying that a mistake of fact exists,
21the obligor may request a hearing to challenge the surcharge
22by sending a written request for a hearing to the office of
23the unit which issued the decision child support services.
24The request shall be received by the office of the unit which
25issued the decision child support services within ten days of
26the unit’s child support services’ written decision. The only
27grounds for a hearing shall be mistake of fact. Following
28receipt of the written request, the unit which receives the
29request child support services shall certify the matter for
30hearing in the district court in the county in which the
31underlying support order is filed.
32i. The address of the collection services center for payment
33of the arrearages.
345. If the obligor pays the amount of arrearage within twenty
35days of the date of the notice of referral, referral of the
-609-1arrearage to a collection entity shall not be made.
26. If the obligor requests a review or court hearing
3pursuant to this section, referral of the arrearages shall be
4stayed pending the decision of the unit child support services
5 or the court.
67. Actions of the unit child support services under this
7section shall not be subject to contested case proceedings or
8further review pursuant to chapter 17A and any resulting court
9hearing shall be an original hearing before the district court.
10However, the department shall establish, by rule pursuant to
11chapter 17A, an internal process to provide an additional
12review by the administrator of the child support recovery unit
13 director or the administrator’s director’s designee.
148. If an obligor does not pay the amount of the arrearage,
15does not contest the referral, or if following the unit’s
16 child support services’ review and any court hearing the unit
17 child support services or the court does not find a mistake
18of fact, the arrearages shall be referred to a collection
19entity. Following the review or hearing, if the unit child
20support services or the court finds a mistake in the amount
21of the arrearage, the arrearages shall be referred to the
22collection entity in the appropriate arrearage amount. For
23arrearages referred to a collection entity, the obligor shall
24pay a surcharge equal to a percent of the amount of the support
25arrearage due as of the date of the referral. The surcharge
26is in addition to the arrearages and any other fees or charges
27owed, and shall be enforced by the collection entity as
28provided under section 252B.5. Upon referral to the collection
29entity, the surcharge is an automatic judgment against the
30obligor.
319. The director or the director’s designee may file a notice
32of the surcharge with the clerk of the district court in the
33county in which the underlying support order is filed. Upon
34filing, the clerk shall enter the amount of the surcharge on
35the lien index and judgment docket.
-610- 110. Following referral of a support arrearage to a
2collection entity, the surcharge shall be due and owing and
3enforceable by a collection entity or the unit child support
4services notwithstanding satisfaction of the support obligation
5or whether the collection entity is enforcing a support
6arrearage. However, the unit child support services may waive
7payment of all or a portion of the surcharge if waiver will
8facilitate the collection of the support arrearage.
911. All surcharge payments shall be received and disbursed
10by the collection services center. The surcharge payments
11received by the collection services center shall be considered
12repayment receipts as defined in section 8.2 and shall be used
13to pay the costs of any contracts with a collection entity.
1412. a. A payment received by the collection services center
15which meets all the following conditions shall be allocated as
16specified in paragraph “b”:
17(1) The payment is for a case in which arrearages have been
18referred to a collection entity.
19(2) A surcharge is assessed on the arrearages.
20(3) The payment is collected under the provisions of the
21contract with the collection entity.
22b. A payment meeting all of the conditions in paragraph “a”
23shall be allocated between support and costs and fees, and the
24surcharge according to the following formula:
25(1) The payment shall be divided by the sum of one hundred
26percent plus the percent specified in the contract.
27(2) The quotient shall be the amount allocated to the
28support arrearage and other fees and costs.
29(3) The difference between the dividend and the quotient
30shall be the amount allocated to the surcharge.
3113. Any computer or software programs developed and any
32records used in relation to a contract with a collection entity
33remain the property of the department.
34 Sec. 868. Section 252B.24, Code 2023, is amended to read as
35follows:
-611- 1252B.24 State case registry.
21. Beginning October 1, 1998, the unit Child support
3services shall operate a state case registry to the extent
4determined by applicable time frames and other provisions of
542 U.S.C. §654a(e) and this section. The unit Child support
6services and the judicial branch shall enter into a cooperative
7agreement for the establishment and operation of the registry
8by the unit child support services. The state case registry
9shall include records with respect to all of the following:
10a. Unless prohibited by federal law, each case for which
11services are provided under this chapter.
12b. Each order for support, as defined in section 252D.16 or
13598.1, which meets at least one of the following criteria:
14(1) The support order is established or modified in this
15state on or after October 1, 1998.
16(2) The income of the obligor is subject to income
17withholding under chapter 252D, including any support order for
18which the district court enters an ex parte order under chapter
19252D on or after October 1, 1998.
202. The clerk of the district court shall provide the
21unit child support services with any information, orders,
22or documents requested by the unit child support services
23 to establish or operate the state case registry, which are
24specified in the agreement described in subsection 1, within
25the time frames specified in that agreement. The agreement
26shall include but is not limited to provisions to provide for
27all of the following:
28a. Provision to the unit child support services of
29information, orders, and documents necessary for the unit child
30support services to meet requirements described in 42 U.S.C.
31§654a(e) and this section.
32b. Provision to the unit child support services of
33information filed with the clerk of the district court by a
34party under section 598.22B, and the social security number
35of a child filed with the clerk of the district court under
-612-1section 602.6111.
2c. Use of automation, as appropriate, to meet the
3requirements described in 42 U.S.C. §654a(e) and this section.
43. The records of the state case registry are confidential
5records pursuant to chapter 22 and may only be disclosed or
6used as provided in section 252B.9.
7 Sec. 869. Section 252B.25, Code 2023, is amended to read as
8follows:
9252B.25 Contempt — combining actions.
10Notwithstanding any provision of law to the contrary, if
11an obligor has been ordered to provide support in more than
12one order, the unit child support services may bring a single
13action for contempt to enforce the multiple orders. However,
14if the obligor objects to the consolidation of the actions
15regarding multiple orders into a single action for contempt,
16and the court determines that severance of the single action
17into multiple actions is in the interest of justice, the
18unit child support services shall bring multiple actions for
19contempt to enforce the multiple orders. If the single action
20is brought and the obligor does not object, the unit child
21support services shall file the action in the district court of
22a county where the obligor resides, or if the obligor does not
23reside in the state, in the district court of the county where
24at least one of the support orders was entered or registered.
25For the purposes of this section, the district court where
26the unit child support services files the action shall have
27jurisdiction and authority over all other support orders for
28the obligor entered or registered by a court of this state and
29affected under this section. In such case, the unit child
30support services shall also file a document with the clerk of
31court in each county affected specifying the county where the
32action under this section was filed and the disposition of the
33action.
34 Sec. 870. Section 252B.26, Code 2023, is amended to read as
35follows:
-613- 1252B.26 Service of process.
2Notwithstanding any provision of law to the contrary, the
3unit child support services may serve a petition, notice, or
4rule to show cause under this chapter or chapter 252A, 252C,
5252F, 252H, 252K, 598, or 665 as specified in each chapter, or
6as follows:
71. The unit Child support services may serve a petition,
8notice, or rule to show cause by certified mail. Return
9acknowledgment is required to prove service by certified mail,
10rules of civil procedure 1.303(5) and 1.308(5) shall not apply,
11and the return acknowledgment shall be filed with the clerk of
12court.
132. The unit Child support services may serve a notice
14of intent under chapter 252H, or a notice of decision under
15section 252H.14A, upon any party or parent who is receiving
16family investment program assistance for the parent or child by
17sending the notice by regular mail to the address maintained by
18the department. Rules of civil procedure 1.303(5) and 1.308(5)
19shall not apply and the unit child support services shall file
20proof of service as provided in chapter 252H. If the notice is
21determined to be undeliverable, the unit child support services
22 shall serve the notice as otherwise provided in this section
23or by personal service.
24 Sec. 871. Section 252B.27, Code 2023, is amended to read as
25follows:
26252B.27 Use of funding for additional positions.
271. The director, within the limitations of the amount
28appropriated for the unit child support services, or moneys
29transferred for this purpose from the family investment program
30account created in section 239B.11, may establish new positions
31and add employees to the unit child support services if the
32director determines that both the current and additional
33employees together can reasonably be expected to maintain or
34increase net state revenue at or beyond the budgeted level for
35the fiscal year.
-614- 12. a. The director may establish new positions and add
2state employees to the unit child support services or contract
3for delivery of services if the director determines the
4employees are necessary to replace county-funded positions
5eliminated due to termination, reduction, or nonrenewal of
6a chapter 28E contract. However, the director must also
7determine that the resulting increase in the state share of
8child support recovery services incentives exceeds the cost
9of the positions or contract, the positions or contract are
10necessary to ensure continued federal funding of the unit
11 child support services, or the new positions or contract can
12reasonably be expected to recover at least twice the amount of
13money necessary to pay the salaries and support for the new
14positions or the contract will generate at least two hundred
15percent of the cost of the contract.
16b. Employees in full-time positions that transition
17from county government to state government employment under
18this subsection are exempt from testing, selection, and
19appointment provisions of chapter 8A, subchapter IV, and from
20the provisions of collective bargaining agreements relating to
21the filling of vacant positions.
22 Sec. 872. Section 252C.1, Code 2023, is amended to read as
23follows:
24252C.1 Definitions.
25As used in this chapter, unless the context otherwise
26requires:
271. “Administrator” means the administrator of the child
28support recovery unit of the department of human services, or
29the administrator’s designee.
302. 1. “Caretaker” means a parent, relative, guardian,
31or another person who is responsible for paying foster care
32costs pursuant to chapter 234 or whose needs are included in an
33assistance payment made pursuant to chapter 239B.
342. “Child support services” means child support services
35created in section 252B.2.
-615- 13. “Court order” means a judgment or order requiring the
2payment of a set or determinable amount of monetary support.
3For orders entered on or after July 1, 1990, unless the court
4specifically orders otherwise, medical support, as defined
5in section 252E.1, is not included in the amount of monetary
6support.
74. “Department” means the department of health and human
8services.
95. “Dependent child” means a person who meets the
10eligibility criteria established in chapter 234 or 239B and
11whose support is required by chapter 234, 239B, 252A, 252F,
12598, or 600B.
136. “Director” means the director of health and human
14services.
156. 7. “Medical support” means medical support as defined
16in section 252E.1.
177. 8. “Public assistance” means foster care costs paid by
18the department pursuant to chapter 234 or assistance provided
19pursuant to chapter 239B.
208. 9. “Responsible person” means a parent, relative,
21guardian, or another person legally liable for the support of a
22child or a child’s caretaker.
23 Sec. 873. Section 252C.2, Code 2023, is amended to read as
24follows:
25252C.2 Assignment — creation of support debt — subrogation.
261. If public assistance is provided by the department
27to or on behalf of a dependent child or a dependent child’s
28caretaker, there is an assignment by operation of law to the
29department of any and all right in, title to, and interest in
30any support obligation, payment, and arrearages owed to or for
31the child or caretaker up to the amount of public assistance
32paid for or on behalf of the child or caretaker. Unless
33otherwise specified in the order, an equal and proportionate
34share of any child support awarded is presumed to be payable
35on behalf of each child subject to the order or judgment for
-616-1purposes of an assignment under this section. For family
2investment program assistance, section 239B.6 shall apply.
32. The payment of public assistance to or for the benefit of
4a dependent child or a dependent child’s caretaker creates a
5support debt due and owing to the department by the responsible
6person in an amount equal to the public assistance payment,
7except that the support debt is limited to the amount of
8a support obligation established by court order or by the
9administrator department. The administrator department may
10establish a support debt as to amounts accrued and accruing
11pursuant to section 598.21B. However, when establishing a
12support obligation against a responsible person, no debt shall
13be created for the period during which the responsible person
14is a recipient on the person’s own behalf of public assistance
15for the benefit of the dependent child or the dependent child’s
16caretaker, if any of the following conditions exist:
17a. The parents have reconciled and are cohabiting, and the
18child for whom support would otherwise be sought is living in
19the same residence as the parents.
20b. The child is living with the parent from whom support
21would otherwise be sought.
223. The provision of child support collection or paternity
23determination services under chapter 252B to an individual,
24even though the individual is ineligible for public assistance,
25creates a support debt due and owing to the individual or the
26individual’s child or ward by the responsible person in the
27amount of a support obligation established by court order or
28by the administrator department. The administrator department
29 may establish a support debt in favor of the individual or the
30individual’s child or ward and against the responsible person,
31both as to amounts accrued and accruing, pursuant to section
32598.21B.
334. The payment of medical assistance pursuant to chapter
34249A for the benefit of a dependent child or a dependent
35child’s caretaker creates a support debt due and owing to the
-617-1department. The administrator department may establish an
2order for medical support.
35. The department is subrogated to the rights of a dependent
4child or a dependent child’s caretaker to bring a court action
5or to execute an administrative remedy for the collection
6of support. The administrator department may petition an
7appropriate court for modification of a court order on the same
8grounds as a party to the court order can petition the court
9for modification.
10 Sec. 874. Section 252C.3, Code 2023, is amended to read as
11follows:
12252C.3 Notice of support debt — failure to respond —
13hearing — order.
141. The administrator department may issue a notice stating
15the intent to secure an order for either medical support as
16provided in chapter 252E or payment of an accrued or accruing
17support debt due and owed to the department or an individual
18under section 252C.2, or both. The notice shall be served upon
19the responsible person in accordance with the rules of civil
20procedure. The notice shall include all of the following:
21a. A statement that the support obligation will be set
22pursuant to the child support guidelines established pursuant
23to section 598.21B, and the criteria established pursuant to
24section 252B.7A, and that the responsible person is required to
25provide medical support in accordance with chapter 252E.
26b. The name of a public assistance recipient and the name of
27the dependent child or caretaker for whom the public assistance
28is paid.
29c. (1) A statement that if the responsible person desires
30to discuss the amount of support that a responsible person
31should be required to pay, the responsible person may, within
32ten days after being served, contact the office of the child
33support recovery unit which sent the notice services and
34request a negotiation conference.
35(2) A statement that if a negotiation conference is
-618-1requested, then the responsible person shall have ten days from
2the date set for the negotiation conference or thirty days from
3the date of service of the original notice, whichever is later,
4to send a request for a hearing to the office of the child
5support recovery unit which issued the notice services.
6(3) A statement that after the holding of the negotiation
7conference, the administrator department may issue a new notice
8and finding of financial responsibility for child support or
9medical support, or both, to be sent to the responsible person
10by regular mail addressed to the responsible person’s last
11known address, or if applicable, to the last known address of
12the responsible person’s attorney.
13(4) A statement that if the administrator department issues
14a new notice and finding of financial responsibility for child
15support or medical support, or both, then the responsible
16person shall have thirty days from the date of issuance of the
17new notice to send a request for a hearing to the office of the
18 child support recovery unit which issued the notice services.
19If the administrator department does not issue a new notice
20and finding of financial responsibility for child support or
21medical support, or both, the responsible party shall have ten
22days from the date of issuance of the conference report to send
23a request for a hearing to the office of the child support
24recovery unit which issued the conference report services.
25d. A statement that if the responsible person objects
26to all or any part of the notice or finding of financial
27responsibility for child support or medical support, or both,
28and a negotiation conference is not requested, the responsible
29person shall, within thirty days of the date of service send to
30the office of the child support recovery unit which issued the
31notice services a written response setting forth any objections
32and requesting a hearing.
33e. A statement that if a timely written request for a
34hearing is received by the office of the child support recovery
35unit which issued the notice services, the responsible person
-619-1shall have the right to a hearing to be held in district
2court; and that if no timely written response is received, the
3administrator department may enter an order in accordance with
4the notice and finding of financial responsibility for child
5support or medical support, or both.
6f. A statement that, as soon as the order is entered, the
7property of the responsible person is subject to collection
8action, including but not limited to wage withholding,
9garnishment, attachment of a lien, and execution.
10g. A statement that the responsible person shall notify the
11administrator department of any change of address, employment,
12or medical coverage as required by chapter 252E.
13h. A statement that if the responsible person has any
14questions, the responsible person should telephone or visit an
15office of the child support recovery unit services or consult
16an attorney.
17i. Such other information as the administrator department
18 finds appropriate.
192. The time limitations for requesting a hearing in
20subsection 1 may be extended by the administrator department.
213. If a timely written response setting forth objections and
22requesting a hearing is received by the appropriate office of
23the child support recovery unit services, a hearing shall be
24held in district court.
254. If timely written response and request for hearing is
26not received by the appropriate office of the child support
27recovery unit services, the administrator department may enter
28an order in accordance with the notice, and shall specify all
29of the following:
30a. The amount of monthly support to be paid, with directions
31as to the manner of payment.
32b. The amount of the support debt accrued and accruing in
33favor of the department.
34c. The name of the custodial parent or agency having custody
35of the dependent child and the name and birth date of the
-620-1dependent child for whom support is to be paid.
2d. That the property of the responsible person is subject
3to collection action, including but not limited to wage
4withholding, garnishment, attachment of a lien, and execution.
5e. The medical support required pursuant to chapter 598 and
6rules adopted pursuant to chapter 252E.
75. The responsible person shall be sent a copy of the order
8by regular mail addressed to the responsible person’s last
9known address, or if applicable, to the last known address of
10the responsible person’s attorney. The order is final, and
11action by the administrator department to enforce and collect
12upon the order, including arrearages and medical support, or
13both, may be taken from the date of approval of the order by the
14court pursuant to section 252C.5.
15 Sec. 875. Section 252C.4, Code 2023, is amended to read as
16follows:
17252C.4 Certification to court — hearing — default.
181. A responsible person or the child support recovery
19unit services may request a hearing regarding a determination
20of support. If a timely written request for a hearing is
21received, the administrator department shall certify the matter
22to the district court as follows:
23a. If the child or children reside in Iowa, and the unit
24 child support services is seeking an accruing obligation, in
25the county in which the dependent child or children reside.
26b. If the child or children received public assistance in
27Iowa, and the unit child support services is seeking only an
28accrued obligation, in the county in which the dependent child
29or children last received public assistance.
30c. If the action is the result of a request from another
31state or foreign country to establish support by a responsible
32person located in Iowa, in the county in which the responsible
33person resides.
342. The certification shall include true copies of the
35notice and finding of financial responsibility or notice of the
-621-1support debt accrued and accruing, the return of service, the
2written objections and request for hearing, and true copies of
3any administrative orders previously entered.
43. The court shall set the matter for hearing and notify the
5parties of the time and place of hearing.
64. The court shall establish the monthly child support
7payment and the amount of the support debt accrued and accruing
8pursuant to section 598.21B, or medical support pursuant to
9chapter 252E, or both.
105. If a party fails to appear at the hearing, upon a showing
11of proper notice to that party, the court shall find that party
12in default and enter an appropriate order.
136. Actions initiated by the administrator department under
14this chapter are not subject to chapter 17A and resulting court
15hearings following certification shall be an original hearing
16before the district court.
177. If a responsible person contests an action initiated
18under this chapter by denying paternity, the following shall
19apply, as necessary:
20a. (1) If the prior determination of paternity is based on
21an affidavit of paternity filed pursuant to section 252A.3A, or
22an administrative order entered pursuant to chapter 252F, or an
23order by the courts of this state, or by operation of law when
24the mother and established father are or were married to each
25other, the provisions of section 600B.41A are applicable.
26(2) If the court determines that the prior determination of
27paternity should not be overcome pursuant to section 600B.41A,
28and that the responsible person has a duty to provide support,
29the court shall enter an order establishing the monthly child
30support payment and the amount of the support debt accrued
31and accruing pursuant to section 598.21B, or medical support
32pursuant to chapter 252E, or both.
33b. If the prior determination of paternity is based on an
34administrative or court order or other means, pursuant to the
35laws of another state or foreign country, an action to overcome
-622-1the prior determination of paternity shall be filed in that
2jurisdiction. Unless the responsible person requests and is
3granted a stay of an action initiated under this chapter to
4establish child or medical support, the action shall proceed as
5otherwise provided by this chapter.
6 Sec. 876. Section 252C.5, Code 2023, is amended to read as
7follows:
8252C.5 Filing and docketing of financial responsibility order
9— order effective as district court decree.
101. A true copy of any order entered by the administrator
11 department pursuant to this chapter, along with a true copy
12of the return of service, if applicable, may be filed in
13the office of the clerk of the district court in the manner
14established pursuant to section 252C.4, subsection 1.
152. The administrator’s department’s order shall be
16presented, ex parte, to the district court for review and
17approval. Unless defects appear on the face of the order or on
18the attachments, the district court shall approve the order.
19The approved order shall have all the force, effect, and
20attributes of a docketed order or decree of the district court.
213. Upon filing, the clerk shall enter the order in the
22judgment docket.
234. If the responsible party appeals the order approved
24by the court under this section, and the court on appeal
25establishes an amount of support which is less than the amount
26of support established under the approved order, the court, in
27the order issued on appeal, shall reconcile the amounts due
28and shall provide that any amount which represents the unpaid
29difference between the amount under the approved order and the
30amount under the order of the court on appeal is satisfied.
31 Sec. 877. Section 252C.6, Code 2023, is amended to read as
32follows:
33252C.6 Interest on support debts.
34Interest accrues on support debts at the rate provided
35in section 535.3 for court judgments. The administrator
-623-1 department may collect the accrued interest but is not required
2to maintain interest balance accounts. The department Child
3support services may waive payment of the interest if the
4waiver will facilitate the collection of the support debt.
5 Sec. 878. Section 252C.8, Code 2023, is amended to read as
6follows:
7252C.8 Temporary restraining order or bond.
8If the administrator department reasonably believes that the
9responsible person is not a resident of this state, is about to
10move from this state, or is concealing the responsible person’s
11whereabouts, or that the responsible person has removed or
12is about to remove, secrete, waste, or otherwise dispose of
13property which could be made subject to collection procedures
14to satisfy the support debt, the administrator department may
15petition the district court for a temporary restraining order
16barring the removal, secretion, waste, or disposal. However,
17if the responsible person furnishes a bond satisfactory to the
18court, the temporary restraining order shall be vacated.
19 Sec. 879. Section 252C.12, Code 2023, is amended to read as
20follows:
21252C.12 Waiver of time limitations by responsible person.
221. A responsible person may waive the time limitations
23established in section 252C.3.
242. Upon receipt of a signed statement from each responsible
25person waiving the time limitations established in section
26252C.3, the administrator department may proceed to enter an
27order for support and the court may approve the order, whether
28or not the time limitations have expired.
293. If a responsible person waives the time limitations
30established in section 252C.3 and an order for support is
31entered under this chapter, the signed statement of the
32responsible person waiving the time limitations shall be filed
33with the order for support.
34 Sec. 880. Section 252D.1, Code 2023, is amended to read as
35follows:
-624- 1252D.1 Delinquent support payments.
2If support payments ordered under this chapter or chapter
3232, 234, 252A, 252C, 252E, 252F, 598, 600B, or any other
4applicable chapter, or under a comparable statute of another
5state or foreign country, as certified to the child support
6recovery unit established in section 252B.2 services, are not
7paid to the clerk of the district court or the collection
8services center pursuant to section 598.22 or, as appropriate,
9a comparable government entity in another state as provided
10in chapter 252K, and become delinquent in an amount equal to
11the payment for one month, the child support recovery unit
12 services may enter an ex parte order or, upon application of a
13person entitled to receive the support payments, the district
14court may enter an ex parte order, notifying the person whose
15income is to be withheld, of the delinquent amount, of the
16amount of income to be withheld, and of the procedure to
17file a motion to quash the order for income withholding, and
18ordering the withholding of specified sums to be deducted
19from the delinquent person’s income as defined in section
20252D.16 sufficient to pay the support obligation and, except as
21provided in section 598.22, requiring the payment of such sums
22to the clerk of the district court or the collection services
23center or, as appropriate, a comparable government entity
24in another state as provided in chapter 252K. All income
25withholding payments shall be paid to the collection services
26center or, as appropriate, a comparable government entity in
27another state as provided in chapter 252K. Notification of
28income withholding shall be provided to the obligor and to the
29payor of income pursuant to section 252D.17.
30 Sec. 881. Section 252D.8, Code 2023, is amended to read as
31follows:
32252D.8 Persons subject to immediate income withholding.
331. In a support order issued or modified on or after
34November 1, 1990, for which services are being provided by the
35 child support recovery unit services, and in any support orders
-625-1issued or modified after January 1, 1994, for which services
2are not provided by the child support recovery unit services,
3the income of a support obligor is subject to withholding, on
4the effective date of the order, regardless of whether support
5payments by the obligor are in arrears. If services are being
6provided pursuant to chapter 252B, the child support recovery
7unit services may enter an ex parte order for an immediate
8withholding of income. The district court may enter an ex
9parte order for immediate income withholding for cases in which
10the child support recovery unit services is not providing
11services. The income of the obligor is subject to immediate
12withholding unless one of the following occurs:
13a. One of the parties demonstrates and the court or child
14support recovery unit services finds there is good cause not to
15require immediate withholding. A finding of good cause shall
16be based on, at a minimum, written findings and conclusions by
17the court or administrative authority as to why implementing
18immediate withholding would not be in the best interests of the
19child. In cases involving modifications, the findings shall
20also include proof of timely payment of previously ordered
21support.
22b. A written agreement is reached between both parties
23which provides for an alternative arrangement. If the support
24payments have been assigned to the department of human services
25 pursuant to chapter 234 or 239B, or a comparable statute of
26another jurisdiction, the department shall be considered a
27party to the support order, and a written agreement pursuant
28to this section to waive immediate withholding is void unless
29approved by the child support recovery unit services. Any
30agreement existing at the time an assignment of support is made
31pursuant to chapter 234 or 239B or pursuant to a comparable
32statute of another jurisdiction shall not prevent the child
33support recovery unit services from implementing immediate
34withholding.
352. For an order not requiring immediate withholding, income
-626-1of an obligor is subject to immediate withholding, without
2regard to whether there is an arrearage, on the earliest of the
3following:
4a. The date the obligor requests that the withholding begin.
5b. The date the custodial parent or party to the proceeding
6requests that the withholding begin, if the request is approved
7by the district court or, in cases in which services are
8being provided pursuant to chapter 252B, if the child support
9recovery unit services approves the request.
10 Sec. 882. Section 252D.16, Code 2023, is amended to read as
11follows:
12252D.16 Definitions.
13As used in this chapter, unless the context otherwise
14requires:
151. “Child support services” means the same as child
16supported services created in section 252B.2.
172. “Department” means the department of health and human
18services.
191. 3. “Income” means all of the following:
20a. Any periodic form of payment due an individual,
21regardless of source, including but not limited to wages,
22salaries, commissions, bonuses, workers’ compensation,
23disability payments, payments pursuant to a pension or
24retirement program, and interest.
25b. A sole payment or lump sum as provided in section
26252D.18C, including but not limited to payment from an estate
27including inheritance, or payment for personal injury or
28property damage.
29c. Irregular income as defined in section 252D.18B.
302. 4. “Payor of income” or “payor” means and includes, but
31is not limited to, an obligor’s employer, trustee, the state
32of Iowa and all governmental subdivisions and agencies and any
33other person from whom an obligor receives income.
343. 5. “Support” or “support payments” means any amount
35which the court or administrative agency may require a person
-627-1to pay for the benefit of a child under a temporary order or a
2final judgment or decree entered under chapter 232, 234, 252A,
3252C, 252F, 252H, 598, 600B, or any other comparable chapter,
4and may include child support, maintenance, medical support as
5defined in chapter 252E, spousal support, and any other term
6used to describe these obligations. These obligations may
7include support for a child of any age who is dependent on the
8parties to the dissolution proceedings because of physical or
9mental disability. The obligations may include support for
10a child eighteen or more years of age with respect to whom a
11child support order has been issued pursuant to the laws of
12another state or foreign country. These obligations shall
13not include amounts for a postsecondary education subsidy as
14defined in section 598.1.
15 Sec. 883. Section 252D.16A, Code 2023, is amended to read
16as follows:
17252D.16A Income withholding order — child support recovery
18unit services.
19If support payments are ordered under this chapter, chapter
20232, 234, 252A, 252C, 252E, 252F, 252H, 598, 600B, or any other
21applicable chapter, or under a comparable statute of another
22state or foreign country, and if income withholding relative
23to such support payments is allowed under this chapter, the
24 child support recovery unit services may enter an ex parte
25order notifying the person whose income is to be withheld
26of the procedure to file a motion to quash the order for
27income withholding, and ordering the withholding of sums to
28be deducted from the delinquent person’s income as defined in
29section 252D.16 sufficient to pay the support obligation and
30requiring the payment of such sums to the collection services
31center or, as appropriate, a comparable government entity in
32another state as provided in chapter 252K. The child Child
33 support recovery unit services shall include the amount of
34any delinquency and the amount to be withheld in the notice
35provided to the obligor pursuant to section 252D.17A. Notice
-628-1of income withholding shall be provided to the obligor and to
2the payor of income pursuant to sections 252D.17 and 252D.17A.
3 Sec. 884. Section 252D.17, subsection 1, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5The district court shall provide notice by sending a copy
6of the order for income withholding or a notice of the order
7for income withholding to the obligor and the obligor’s payor
8of income by regular mail, with proof of service completed
9according to rule of civil procedure 1.442. The child Child
10 support recovery unit services shall provide notice of the
11income withholding order by sending a notice of the order to
12the obligor’s payor of income by regular mail or by electronic
13means. Proof of service may be completed according to rule
14of civil procedure 1.442. The child Child support recovery
15unit’s services’ notice of the order may be sent to the payor
16of income on the same date that the order is sent to the clerk
17of court for filing. In all other instances, the income
18withholding order shall be filed with the clerk of court prior
19to sending the notice of the order to the payor of income. In
20addition to the amount to be withheld for payment of support,
21the order or the notice of the order shall be in a standard
22format as prescribed by the unit child support services and
23shall include all of the following information regarding the
24duties of the payor in implementing the withholding order:
25 Sec. 885. Section 252D.17, subsection 1, paragraphs g and i,
26Code 2023, are amended to read as follows:
27g. The withholding is binding on the payor until further
28notice by the court or the child support recovery unit
29 services.
30i. The payor shall promptly notify the court or the child
31support recovery unit services when the obligor’s employment or
32other income terminates, and provide the obligor’s last known
33address and the name and address of the obligor’s new employer,
34if known.
35 Sec. 886. Section 252D.17A, Code 2023, is amended to read
-629-1as follows:
2252D.17A Notice to obligor of implementation of income
3withholding order.
4The child Child support recovery unit services or the
5district court shall send a notice of the income withholding
6order to the obligor at the time the notice is sent to the payor
7of income.
8 Sec. 887. Section 252D.18, Code 2023, is amended to read as
9follows:
10252D.18 Modification or termination of withholding.
111. The court or the child support recovery unit services
12 may, by ex parte order, modify a previously entered income
13withholding order if the court or the unit child support
14services determines any of the following:
15a. There has been a change in the amount of the current
16support obligation.
17b. The amount required to be withheld under the income
18withholding order is in error.
19c. Any past due support debt has been paid in full. Should
20a delinquency later accrue, the withholding order may be
21modified to secure payment toward the delinquency.
22d. There has been a change in the rules adopted by the
23department pursuant to chapter 17A regarding the amount of
24income to be withheld to pay a delinquency.
252. The child Child support recovery unit services may modify
26an amount specified in an income withholding order or notice of
27income withholding by providing notice to the payor of income
28and the obligor pursuant to sections 252D.17 and 252D.17A.
293. The court or the child support recovery unit services
30 may, by ex parte order, terminate an income withholding order
31when the current support obligation has terminated and when
32the delinquent support obligation has been fully satisfied
33as applicable to all of the children covered by the income
34withholding order. The unit Child support services may, by
35ex parte order, terminate an income withholding order when
-630-1the unit child support services will no longer be providing
2services under chapter 252B, or when another state or foreign
3country will be providing services under Tit.IV-D of the
4federal Social Security Act or a comparable law in a foreign
5country.
64. In no case shall payment of overdue support be the sole
7basis for termination of withholding.
8 Sec. 888. Section 252D.18A, subsections 1 and 4, Code 2023,
9are amended to read as follows:
101. The total of all amounts withheld shall not exceed the
11amounts specified in 15 U.S.C. §1673(b). For orders or notices
12issued by the child support recovery unit services, the limit
13for the amount to be withheld shall be specified in the order
14or notice.
154. The payor shall identify and report payments by the
16obligor’s name, account number, amount, and date withheld
17pursuant to section 252D.17. If payments for multiple obligees
18are combined, the portion of the payment attributable to each
19obligee shall be specifically identified only if the payor is
20directed to do so by the child support recovery unit services.
21 Sec. 889. Section 252D.18B, Code 2023, is amended to read
22as follows:
23252D.18B Irregular income.
24When payment of income is irregular, and an order for
25immediate or mandatory income withholding has been entered by
26the child support recovery unit services or the district court,
27the income payor shall withhold income equal to the total that
28would have been withheld had there been regular monthly income.
29The amounts withheld shall not exceed the amounts specified
30in 15 U.S.C. §1673(b). For the purposes of this section, an
31income source is irregular when there are periods in excess of
32one month during which the income payor makes no payment to the
33obligor and the periods are not the result of termination or
34suspension of employment.
35 Sec. 890. Section 252D.18C, Code 2023, is amended to read
-631-1as follows:
2252D.18C Withholding from lump sum payments.
3The child Child support recovery unit services or the
4district court may enter an ex parte order for income
5withholding when the obligor is paid by a lump sum income
6source. When a sole payment is made or payment occurs at
7two-month or greater intervals, the withholding order may
8include all current and delinquent support due through the
9current month, but shall not exceed the amounts specified in
1015 U.S.C. §1673(b).
11 Sec. 891. Section 252D.19A, subsection 2, Code 2023, is
12amended to read as follows:
132. If the unit child support services takes an enforcement
14action during a calendar year against an obligor and the
15obligor is not delinquent or in arrears solely due to the
16applicability of this section to the obligor, upon discovering
17the circumstances, the unit child support services shall
18promptly discontinue the enforcement action.
19 Sec. 892. Section 252D.20, Code 2023, is amended to read as
20follows:
21252D.20 Administration of income withholding procedures.
22The child Child support recovery unit services is designated
23as the entity of the state to administer income withholding in
24accordance with the procedures specified for keeping adequate
25records to document, track, and monitor support payments on
26cases subject to Tit.IV-D of the federal Social Security
27Act. The collection services center is designated as the
28entity for administering income withholding for cases which are
29not subject to Tit.IV-D. The collection services center’s
30responsibilities for administering income withholding in cases
31not subject to Tit.IV-D are limited to the receipt, recording,
32and disbursement of income withholding payments and to
33responding to requests for information on the current status of
34support payments pursuant to section 252B.13A. Notwithstanding
35section 622.53, in cases where the court or the child support
-632-1recovery unit services is enforcing an order of another state
2or foreign country through income withholding, a certified copy
3of the underlying judgment is sufficient proof of authenticity.
4 Sec. 893. Section 252D.22, Code 2023, is amended to read as
5follows:
6252D.22 Rules.
7The department shall adopt the administrative rules
8necessary to implement the provisions of this chapter as they
9pertain to the operations of the child support recovery unit
10 services.
11 Sec. 894. Section 252D.23, Code 2023, is amended to read as
12follows:
13252D.23 Filing of withholding order — order effective as
14district court order.
15An income withholding order entered by the child support
16recovery unit services pursuant to this chapter shall be
17filed with the clerk of the district court. In lieu of any
18signature on the order which may otherwise be required by law
19or rule, the order shall have affixed the name and address
20of the appropriate child support office services. For the
21purposes of demonstrating compliance by the payor of income,
22the copy of the withholding order or the notice of the order
23received, whether or not the copy of the order is file-stamped,
24shall have all the force, effect, and attributes of a docketed
25order of the district court including, but not limited to,
26availability of contempt of court proceedings against a
27payor of income for noncompliance. However, any information
28contained in the income withholding order or the notice of the
29order related to the amount of the accruing or accrued support
30obligation which does not reflect the correct amount of support
31due does not modify the underlying support judgment.
32 Sec. 895. Section 252E.1, Code 2023, is amended to read as
33follows:
34252E.1 Definitions.
35As used in this chapter, unless the context otherwise
-633-1requires:
21. “Accessible” means any of the following, unless otherwise
3provided in the support order:
4a. The health benefit plan does not have service area
5limitations or provides an option not subject to service area
6limitations.
7b. The health benefit plan has service area limitations and
8the dependent lives within thirty miles or thirty minutes of a
9network primary care provider.
102. “Basic coverage” means health care coverage that at a
11minimum provides coverage for emergency care, inpatient and
12outpatient hospital care, physician services whether provided
13within or outside a hospital setting, and laboratory and x-ray
14services.
153. “Cash medical support” means a monetary amount that
16a parent is ordered to pay to the obligee in lieu of that
17parent providing health care coverage, which amount is five
18percent of the gross income of the parent ordered to pay the
19monetary amount or, if the child support guidelines established
20pursuant to section 598.21B specifically provide an alternative
21income-based numeric standard for determining the amount,
22the amount determined by the standard specified by the child
23support guidelines. “Cash medical support” is an obligation
24separate from any monetary amount a parent is ordered to pay
25for uncovered medical expenses pursuant to the guidelines
26established pursuant to section 598.21B.
274. “Child” means a person for whom child or medical support
28may be ordered pursuant to chapter 234, 239B, 252A, 252C, 252F,
29252H, 252K, 598, 600B, or any other chapter of the Code or
30pursuant to a comparable statute of another state or foreign
31country.
325. “Child support services” means child support services
33created in section 252B.1.
345. 6. “Department” means the department of health and
35 human services, which includes but is not limited to the child
-634-1support recovery unit services, or any comparable support
2enforcement agency of another state.
36. 7. “Dependent” means a child, or an obligee for whom
4a court may order health care coverage pursuant to section
5252E.3.
67. 8. “Enroll” means to be eligible for and covered by a
7health benefit plan.
88. 9. “Health benefit plan” means any policy or contract
9of insurance, indemnity, subscription, or membership issued
10by an insurer, health service corporation, health maintenance
11organization, or any similar corporation or organization, any
12public coverage, or any self-insured employee benefit plan,
13for the purpose of covering medical expenses. These expenses
14may include but are not limited to hospital, surgical, major
15medical insurance, dental, optical, prescription drugs, office
16visits, or any combination of these or any other comparable
17health care expenses.
189. 10. “Health care coverage” or “coverage” means providing
19and paying for the medical needs of a dependent through a
20health benefit plan.
2110. 11. “Insurer” means any entity, including a health
22service corporation, health maintenance organization, or any
23similar corporation or organization, or an employer offering
24self-insurance, that provides a health benefit plan, but does
25not include an entity that provides public coverage.
2611. 12. “Medical support” means either the provision of
27health care coverage or the payment of cash medical support.
28“Medical support” is not alimony.
2912. 13. “National medical support notice” means a notice
30as prescribed under 42 U.S.C. §666(a)(19) or a substantially
31similar notice, that is issued and forwarded by the department
32in accordance with section 252E.4 to enforce the health care
33coverage provisions of a support order. The national medical
34support notice is not applicable to a provider of public
35coverage.
-635- 113. 14. “Obligee” means a parent or another natural person
2legally entitled to receive a support payment on behalf of a
3child.
414. 15. “Obligor” means a parent or another natural person
5legally responsible for the support of a dependent.
615. 16. “Order” means a support order entered pursuant to
7chapter 234, 252A, 252C, 252F, 252H, 252K, 598, 600B, or any
8other support chapter, or pursuant to a comparable statute of
9another state or foreign country, or an ex parte order entered
10pursuant to section 252E.4. “Order” also includes a notice of
11such an order issued by the department.
1216. 17. “Plan administrator” means the employer or sponsor
13that offers the health benefit plan or the person to whom the
14duty of plan administrator is delegated by the employer or
15sponsor offering the health benefit plan, by written agreement
16of the parties. “Plan administrator” does not include a
17provider of public coverage.
1817. 18. “Primary care provider” means a physician who
19provides primary care who is a family or general practitioner,
20a pediatrician, an internist, an obstetrician, or a
21gynecologist; an advanced registered nurse practitioner; or a
22physician assistant.
2318. 19. “Public coverage” means health care benefits
24provided by any form of federal or state medical assistance,
25including but not limited to benefits provided under chapter
26249A or 514I, or under comparable laws of another state,
27foreign country, or Indian nation or tribe.
2819. “Unit” or “child support recovery unit” means unit as
29defined in section 252B.1.
30 Sec. 896. Section 252E.1A, subsection 1, Code 2023, is
31amended to read as follows:
321. This section shall apply to all initial or modified
33orders for support entered under chapter 234, 252A, 252C, 252F,
34252H, 598, 600B, or any other applicable chapter. If an action
35to establish or modify an order for support is initiated by the
-636-1 child support recovery unit services, section 252E.1B shall
2also apply.
3 Sec. 897. Section 252E.1B, Code 2023, is amended to read as
4follows:
5252E.1B Establishing and modifying orders for medical support
6— actions initiated by child support recovery unit services.
71. If the child support recovery unit services is initiating
8an action to establish or modify support, this section shall
9apply in addition to the provisions of section 252E.1A.
102. The unit Child support services shall apply the following
11order of priority when the unit child support services enters
12or seeks an order for medical support:
13a. If the custodial parent is currently providing coverage
14for the child under a health benefit plan other than public
15coverage, and the plan is available as described in section
16252E.1A, subsection 3, the unit child support services shall
17enter or seek an order for the custodial parent to provide
18coverage.
19b. If the noncustodial parent is currently providing
20coverage for the child under a health benefit plan other than
21public coverage, and the plan is available as described in
22section 252E.1A, subsection 3, the unit child support services
23 shall enter or seek an order for the noncustodial parent to
24provide coverage.
25c. If a health benefit plan other than public coverage is
26available as described in section 252E.1A, subsection 3, to the
27custodial parent, the unit child support services shall enter
28or seek an order for the custodial parent to provide coverage.
29d. If a health benefit plan other than public coverage is
30available as described in section 252E.1A, subsection 3, to
31the noncustodial parent, the unit child support services shall
32enter or seek an order for the noncustodial parent to provide
33coverage.
34e. If a health benefit plan other than public coverage
35is not available to either parent, and the custodial parent
-637-1has public coverage for the child, the unit child support
2services shall enter or seek an order for the custodial parent
3to provide health care coverage and shall enter or seek an
4order for the noncustodial parent to pay cash medical support.
5However, if any of the circumstances described in section
6252E.1A, subsection 4, paragraph “a”, “b”, or “c” is met, the
7unit child support services shall enter or seek an order as
8specified by the applicable paragraph.
93. Notwithstanding subsection 2, if there is an order for
10joint physical care for the child and the parties subject to
11the support order, the unit child support services shall apply
12the following order of priority when the unit child support
13services enters or seeks an order for medical support:
14a. If only one parent is currently providing coverage
15for the child under a health benefit plan other than public
16coverage, and the plan is available as described in section
17252E.1A, subsection 3, the unit child support services shall
18enter or seek an order for that parent to provide coverage.
19b. If both parents are currently providing coverage for the
20child under a health benefit plan other than public coverage,
21and both plans are available as described in section 252E.1A,
22subsection 3, the unit child support services shall enter or
23seek an order for both parents to provide coverage.
24c. If neither parent is currently providing coverage
25for the child under a health benefit plan other than public
26coverage, and a health benefit plan other than public coverage
27is available as described in section 252E.1A, subsection 3, to
28one parent, the unit child support services shall enter or seek
29an order for that parent to provide coverage.
30d. If neither parent is currently providing coverage
31for the child under a health benefit plan other than public
32coverage, and a health benefit plan other than public coverage
33is available as described in section 252E.1A, subsection 3, to
34both parents, the unit child support services shall enter or
35seek an order for both parents to provide coverage.
-638- 1e. If a health benefit plan other than public coverage
2is not available to either parent and one parent has public
3coverage for the child, the unit child support services shall
4enter or seek an order for that parent to provide health care
5coverage.
64. The child Child support recovery unit services or the
7court shall not order any modification to an existing medical
8support order in a proceeding conducted solely pursuant to
9chapter 252H, subchapter IV.
10 Sec. 898. Section 252E.2, subsection 2, paragraph a, Code
112023, is amended to read as follows:
12a. The name and the last known mailing address of the
13participant and the name and mailing address of each child
14covered by the order except that, to the extent provided in
15the order, the name and mailing address of an official of the
16department may be substituted for the mailing address of the
17child.
18 Sec. 899. Section 252E.2A, Code 2023, is amended to read as
19follows:
20252E.2A Satisfaction of medical support order.
21This section shall apply if the child support recovery unit
22 services is providing services under chapter 252B.
231. Notwithstanding any law to the contrary and without
24a court order, a medical support order for a child shall be
25deemed satisfied with regard to the department, the child, the
26obligor, and the obligee for the period during which all of the
27following conditions are met:
28a. The order is issued under any applicable chapter of the
29Code.
30b. The unit Child support services is notified that the
31conditions of paragraph “c” are met and the parent ordered to
32provide medical support submits a written statement to the unit
33 child support services that the requirements of paragraph “c”
34are met.
35c. The parent ordered to provide medical support meets at
-639-1least one of the following conditions:
2(1) The parent is an inmate of an institution under the
3control of the department of corrections or a comparable
4institution in another state.
5(2) The parent’s monthly child support obligation under
6the guidelines established pursuant to section 598.21B is the
7minimum obligation amount.
8(3) The parent is a recipient of assistance under chapter
9239B or 249A, or under comparable laws of another state.
10(4) The parent is residing with any child for whom the
11parent is legally responsible and that child is a recipient
12of assistance under chapter 239B, 249A, or 514I, or under
13comparable laws of another state. For purposes of this
14subparagraph, “legally responsible” means the parent has a legal
15obligation to the child as specified in Iowa court rule 9.7 of
16the child support guidelines.
17d. The unit Child support services files a notice of
18satisfaction with the clerk of the district court. The
19effective date of the satisfaction shall be stated in the
20notice and the effective date shall be no later than forty-five
21days after the unit child support services issues the notice of
22satisfaction.
232. If a medical support order is satisfied under subsection
241, the satisfaction shall continue until all of the following
25apply:
26a. The unit Child support services is notified that none of
27the conditions specified in subsection 1, paragraph “c”, still
28applies.
29b. The unit Child support services files a satisfaction
30termination notice that the requirements for a satisfaction
31under this section no longer apply. The effective date shall
32be stated in the satisfaction termination notice and the
33effective date shall be no later than forty-five days after the
34unit child support services issues the satisfaction termination
35notice.
-640- 13. The unit Child support services shall mail a copy of the
2notice of satisfaction and the satisfaction termination notice
3to the last known address of the obligor and obligee.
44. The department of human services may match data for
5enrollees of the hawk-i Hawki program created pursuant to
6chapter 514I with data of the unit child support services to
7assist the unit child support services in implementing this
8section.
95. An order, decree, or judgment entered or pending on or
10before July 1, 2009, that provides for the support of a child
11may be satisfied as provided in this section.
12 Sec. 900. Section 252E.4, subsection 1, Code 2023, is
13amended to read as follows:
141. When a support order requires an obligor to provide
15coverage under a health benefit plan other than public
16coverage, the district court or the department may enter an
17ex parte order directing an employer to take all actions
18necessary to enroll an obligor’s dependent for coverage under
19a health benefit plan or may include the provisions in an ex
20parte income withholding order or notice of income withholding
21pursuant to chapter 252D. The child Child support recovery
22unit services, where appropriate, shall issue a national
23medical support notice to an employer within two business days
24after the date information regarding a newly hired employee is
25entered into the centralized employee registry and matched with
26a noncustodial parent in the case being enforced by the unit
27 child support services, or upon receipt of other employment
28information for such parent. The department may amend the
29information in the ex parte order or may amend or terminate
30the national medical support notice regarding health insurance
31provisions if necessary to comply with health insurance
32requirements including but not limited to the provisions of
33section 252E.2, subsection 2, or to correct a mistake of fact.
34 Sec. 901. Section 252E.5, subsection 8, paragraph g,
35subparagraph (3), Code 2023, is amended to read as follows:
-641- 1(3) If the obligor is not enrolled in a health benefit
2plan or is not enrolled in a health benefit plan that offers
3dependent coverage, if more than one plan with dependent
4coverage is offered by the employer, and if the notice is
5issued by the child support recovery unit services, all of the
6following shall apply:
7(a) If only one of the plans is accessible to the dependent,
8that plan shall be selected. If none of the plans with
9dependent coverage is accessible to the dependent, the unit
10 child support services shall amend or terminate the notice.
11(b) If more than one of the plans is accessible to the
12dependent, the plan selected shall be the plan that provides
13basic coverage for which the employee’s share of the premium
14is lowest.
15(c) If more than one of the plans is accessible to the
16dependent but none of the accessible plans provides basic
17coverage, the plan selected shall be a plan that is accessible
18and for which the employee’s share of the premium is lowest.
19(d) If the employee’s share of the premiums is the same
20under all plans described in subparagraph (b) or (c), the
21unit child support services shall attempt to consult with the
22obligee when selecting the plan. If the obligee does not
23respond within ten days of the unit’s child support services’
24 attempt, the unit child support services shall select a plan
25which shall be the plan’s default option, if any, or the plan
26with the lowest deductibles and copayment requirements.
27 Sec. 902. Section 252E.5, subsection 8, paragraph h,
28subparagraph (2), Code 2023, is amended to read as follows:
29(2) If the dependent is or is to be enrolled, notify the
30obligor, the obligee, and the child and furnish the obligee
31with necessary information. Provide the child support recovery
32unit services with the type of health benefit plan under which
33the dependent has been enrolled, including whether dental,
34optical, office visits, and prescription drugs are covered
35services.
-642-1 Sec. 903. Section 252E.6A, subsections 1 and 3, Code 2023,
2are amended to read as follows:
31. An obligor may move to quash the order to the employer
4under section 252E.4 by following the same procedures and
5alleging a mistake of a fact as provided in section 252D.31
6or as provided in subsection 2. If the unit child support
7services is enforcing an income withholding order and a medical
8support order simultaneously, any challenge to the income
9withholding order and medical support enforcement shall be
10filed and heard simultaneously.
113. The employer shall comply with the requirements of this
12chapter until the employer receives notice that a motion to
13quash has been granted, or that the unit child support services
14 has amended or terminated the national medical support notice.
15 Sec. 904. Section 252F.1, Code 2023, is amended to read as
16follows:
17252F.1 Definitions.
18As used in this chapter unless the context otherwise
19requires:
201. “Administrator” means the administrator of the child
21support recovery unit of the department of human services or
22the administrator’s designee.
232. 1. “Child” means a person who is less than age eighteen
24or a person who is age eighteen but less than age nineteen
25and is engaged full-time in completing high school graduation
26or equivalency requirements in a manner which is reasonably
27expected to result in completion of the requirements prior to
28the person reaching age nineteen.
292. “Child support services” means the same as child support
30services created in section 252B.2.
313. “Department” means the department of health and human
32services.
334. “Director” means the director of health and human
34services.
353. 5. “Mother” means a mother of the child for whom
-643-1paternity is being established.
24. 6. “Party” means a putative father or a mother, as named
3in an action.
45. 7. “Paternity is at issue” means any of the following
5conditions:
6a. A child was not born or conceived within marriage.
7b. A child was born or conceived within marriage but a court
8has declared that the child is not the issue of the marriage.
96. 8. “Paternity test” means and includes any form of
10blood, tissue, or genetic testing administered to determine the
11biological father of a child.
127. 9. “Putative father” means a person alleged to be the
13biological father of a child.
148. “Unit” means the child support recovery unit created in
15section 252B.2.
16 Sec. 905. Section 252F.2, Code 2023, is amended to read as
17follows:
18252F.2 Jurisdiction.
191. In any case in which the unit child support services
20 is providing services pursuant to chapter 252B and paternity
21is at issue, proceedings may be initiated by the unit child
22support services pursuant to this chapter for the sole purpose
23of establishing paternity and any accrued or accruing child
24support or medical support obligations. Proceedings under
25this chapter are in addition to other means of establishing
26paternity or support. Issues in addition to establishment of
27paternity or support obligations shall not be addressed in
28proceedings initiated under this chapter.
292. An action to establish paternity and support under this
30chapter may be brought within the time limitations set forth
31in section 614.8.
32 Sec. 906. Section 252F.3, Code 2023, is amended to read as
33follows:
34252F.3 Notice of alleged paternity and support debt —
35conference — request for hearing.
-644- 11. The unit Child support services may prepare a notice
2of alleged paternity and support debt to be served on a
3party if the mother of the child or a government official
4with knowledge of the circumstances of possible paternity
5relying on government records provides a written statement
6to the department of human services certifying in accordance
7with section 622.1 that the putative father is or may be the
8biological father of the child or children involved. The
9notice shall be accompanied by a copy of the statement and
10served on the putative father in accordance with rule of civil
11procedure 1.305. Service upon the mother shall not constitute
12valid service upon the putative father. The notice shall
13include or be accompanied by all of the following:
14a. The name of the recipient of services under chapter 252B
15and the name and birth date of the child or children involved.
16b. A statement that the putative father has been named as
17the biological father of the child or children named.
18c. A statement that if paternity is established, the
19amount of the putative father’s monthly support obligation
20and the amount of the support debt accrued and accruing will
21be established in accordance with the guidelines established
22in section 598.21B, and the criteria established pursuant to
23section 252B.7A.
24d. A statement that if paternity is established, a party has
25a duty to provide accrued and accruing medical support to the
26child or children in accordance with chapter 252E.
27e. A written explanation of the procedures for determining
28the child support obligation and a request for financial or
29income information as necessary for application of the child
30support guidelines established pursuant to section 598.21B.
31f. (1) The right of a party to request a conference
32with the unit child support services to discuss paternity
33establishment and the amount of support that a party may be
34required to provide, within ten days of the date of service of
35the original notice or, if paternity is contested and paternity
-645-1testing is conducted, within ten days of the date the paternity
2test results are issued or mailed to a party by the unit child
3support services.
4(2) A statement that if a conference is requested, a party
5shall have one of the following time frames, whichever is the
6latest, to send a written request for a court hearing on the
7issue of support to the unit child support services:
8(a) Ten days from the date set for the conference.
9(b) Twenty days from the date of service of the original
10notice.
11(c) If paternity was contested and paternity testing
12was conducted, and a party does not deny paternity after the
13testing or challenge the paternity test results, twenty days
14from the date paternity test results are issued or mailed by
15the unit child support services to the party.
16(3) A statement that after the holding of the conference,
17the unit child support services shall issue a new notice of
18alleged paternity and finding of financial responsibility for
19child support or medical support, or both, to be provided in
20person to each party or sent to each party by regular mail
21addressed to the party’s last known address or, if applicable,
22to the last known address of the party’s attorney.
23(4) A statement that if the unit child support services
24 issues a new notice of alleged paternity and finding of
25financial responsibility for child support or medical support,
26or both, a party shall have one of the following time frames,
27whichever is the latest, to send a written request for a court
28hearing on the issue of support to the unit child support
29services:
30(a) Ten days from the date of issuance of the new notice.
31(b) Twenty days from the date of service of the original
32notice.
33(c) If paternity was contested and paternity testing
34conducted, and a party does not deny paternity after the
35testing or challenge the paternity test results, twenty days
-646-1from the date the paternity test results are issued or mailed
2to the party by the unit child support services.
3g. A statement that if a conference is not requested, and
4a party does not deny paternity or challenge the results of
5any paternity testing conducted but objects to the finding
6of financial responsibility or the amount of child support
7or medical support, or both, the party shall send a written
8request for a court hearing on the issue of support to the
9unit child support services within twenty days of the date of
10service of the original notice, or, if paternity was contested
11and paternity testing conducted, and a party does not deny
12paternity after the testing or challenge the paternity test
13results, within twenty days from the date the paternity test
14results are issued or mailed to the party by the unit child
15support services, whichever is later.
16h. A statement that if a timely written request for a
17hearing on the issue of support is received by the unit
18 child support services, the party shall have the right to a
19hearing to be held in district court and that if no timely
20written request is received and paternity is not contested,
21the administrator department shall enter an order establishing
22the putative father as the father of the child or children and
23establishing child support or medical support, or both, in
24accordance with the notice of alleged paternity and support
25debt.
26i. A written explanation of the rights and responsibilities
27associated with the establishment of paternity.
28j. A written explanation of a party’s right to deny
29paternity, the procedures for denying paternity, and the
30consequences of the denial.
31k. A statement that if a party contests paternity, the party
32shall have twenty days from the date of service of the original
33notice to submit a written denial of paternity to the unit
34 child support services.
35l. A statement that if paternity is contested, the unit
-647-1 child support services shall, at the request of the party
2contesting paternity or on its own initiative, enter an
3administrative order requiring the putative father, mother, and
4child or children involved, to submit to paternity testing.
5m. A statement that if paternity tests are conducted, the
6unit child support services shall provide a copy of the test
7results to each party in person or send a copy to each party
8by regular mail, addressed to the party’s last known address,
9or, if applicable, to the last known address of the party’s
10attorney.
11n. A statement setting forth the time frames for contesting
12paternity after paternity tests are conducted.
13o. Other information as the unit child support services
14 finds appropriate.
152. The time limitations established for the notice
16provisions under subsection 1 are binding unless otherwise
17specified in this chapter or waived pursuant to section 252F.8.
183. a. If notice is served on a party, the unit child
19support services shall file a true copy of the notice and the
20original return of service with the appropriate clerk of the
21district court as follows:
22(1) In the county in which the child or children reside if
23the action is for purposes of establishing paternity and future
24child or medical support, or both.
25(2) In the county in which the child or children involved
26last received public assistance benefits in the state, if
27the action is for purposes of establishing paternity and
28child or medical support, or both, only for prior periods of
29time when the child or children received public assistance,
30and no ongoing child or medical support obligation is to be
31established by this action.
32(3) If the action is the result of a request from another
33state or foreign country to establish paternity of a putative
34father located in Iowa, in the county in which the putative
35father resides.
-648- 1b. All subsequent documents filed or court hearings held
2related to the action shall be in the district court in the
3county in which notice was filed pursuant to this subsection.
4The clerk shall file and docket the action.
54. A party or the child support recovery unit services may
6request a court hearing regarding establishment of paternity or
7a determination of support, or both.
8a. Upon receipt of a timely written response requesting
9a hearing or on its own initiative, the unit child support
10services shall certify the matter for hearing in the district
11court in the county where the original notice of alleged
12paternity and support debt is filed, in accordance with section
13252F.5.
14b. If paternity establishment was contested and paternity
15tests conducted, a court hearing on the issue of paternity
16shall be held no earlier than thirty days from the date
17paternity test results are issued to all parties by the unit
18 child support services, unless the parties mutually agree to
19waive the time frame pursuant to section 252F.8.
20c. Any objection to the results of paternity tests shall be
21filed no later than twenty days after the date paternity test
22results are issued or mailed to each party by the unit child
23support services. Any objection to paternity test results
24filed by a party more than twenty days after the date paternity
25tests are issued or mailed to the party by the unit child
26support services shall not be accepted or considered by the
27court.
285. If a timely written response and request for a court
29hearing is not received by the unit child support services and
30a party does not deny paternity, the administrator department
31 shall enter an order in accordance with section 252F.4.
326. a. If a party contests the establishment of paternity,
33the party shall submit, within twenty days of service of the
34notice on the party under subsection 1, a written statement
35contesting paternity establishment to the unit child support
-649-1services. Upon receipt of a written challenge of paternity
2establishment, or upon initiation by the unit child support
3services, the administrator department shall enter ex parte
4administrative orders requiring the mother, child or children
5involved, and the putative father to submit to paternity
6testing, except that if the mother and child or children
7previously submitted blood or genetic specimens in a prior
8action to establish paternity against a different putative
9father, the previously submitted specimens and prior results,
10if available, may be utilized for testing in this action.
11Either the mother or putative father may contest paternity
12under this chapter.
13b. The orders shall be filed with the clerk of the district
14court in the county where the notice was filed and have the
15same force and effect as a court order for paternity testing.
16c. The unit Child support services shall issue copies of the
17respective administrative orders for paternity testing to the
18mother and putative father in person, or by regular mail to the
19last known address of each, or if applicable, to the last known
20address of the attorney for each.
21d. If a paternity test is ordered under this section,
22the administrator department shall direct that inherited
23characteristics be analyzed and interpreted, and shall appoint
24an expert qualified as an examiner of genetic markers to
25analyze and interpret the results. The test shall be of a type
26generally acknowledged as reliable by accreditation entities
27designated by the secretary of the United States department
28of health and human services and shall be performed by a
29laboratory approved by an accreditation entity.
30e. The party contesting paternity shall be provided one
31opportunity to reschedule the paternity testing appointment if
32the testing is rescheduled prior to the date of the originally
33scheduled appointment.
34f. An original copy of the test results shall be filed with
35the clerk of the district court in the county where the notice
-650-1was filed. The child Child support recovery unit services
2 shall issue a copy of the filed test results to each party in
3person, or by regular mail to the last known address of each,
4or if applicable, to the last known address of the attorney
5for each. However, if the action is the result of a request
6from another state or foreign country, the unit child support
7services shall issue a copy of the results to the initiating
8agency in that jurisdiction.
9g. Verified documentation of the chain of custody of the
10blood or genetic specimens is competent evidence to establish
11the chain of custody. The testimony of the appointed expert is
12not required. A verified expert’s report of test results which
13indicate a statistical probability of paternity is sufficient
14authenticity of the expert’s conclusion.
15h. A verified expert’s report shall be admitted as evidence
16to establish administrative paternity, and, if a court hearing
17is scheduled to resolve the issue of paternity, shall be
18admitted as evidence and is admissible at trial.
19i. If the verified expert concludes that the test results
20show that the putative father is not excluded and that the
21probability of the putative father’s paternity is ninety-five
22percent or higher, there shall be a rebuttable presumption that
23the putative father is the biological father, and the evidence
24shall be sufficient as a basis for administrative establishment
25of paternity.
26(1) In order to challenge the presumption of paternity, a
27party shall file a written notice of the challenge with the
28district court within twenty days from the date the paternity
29test results are issued or mailed to all parties by the unit
30 child support services. Any challenge to a presumption of
31paternity resulting from paternity tests, or to paternity test
32results filed after the lapse of the twenty-day time frame
33shall not be accepted or admissible by the unit child support
34services or the court.
35(2) A copy of the notice challenging the presumption of
-651-1paternity shall be provided to any other party in person, or
2by mailing the notice to the last known address of each party,
3or if applicable, to the last known address of each party’s
4attorney.
5(3) The party challenging the presumption of paternity
6has the burden of proving that the putative father is not the
7father of the child.
8(4) The presumption of paternity may be rebutted only by
9clear and convincing evidence.
10j. If the verified expert concludes that the test results
11indicate that the putative father is not excluded and that
12the probability of the putative father’s paternity is less
13than ninety-five percent, the administrator department shall
14order a subsequent administrative paternity test or certify the
15case to the district court for resolution in accordance with
16the procedures and time frames specified in paragraph “i” and
17section 252F.5.
18k. If the results of the test or the verified expert’s
19analysis are timely challenged as provided in this subsection,
20the administrator department, upon the request of a party
21and advance payment by the contestant or upon the unit’s own
22 initiative of child support services, shall order that an
23additional test be performed by the same laboratory or an
24independent laboratory. If the party requesting additional
25testing does not advance payment, the administrator department
26 shall certify the case to the district court in accordance with
27paragraph “i” and section 252F.5.
28l. When a subsequent paternity test is conducted, the time
29frames in this chapter associated with paternity tests shall
30apply to the most recently completed test.
31m. If the paternity test results exclude the putative father
32as a potential biological father of the child or children,
33and additional tests are not requested by either party or
34conducted on the unit’s initiative of child support services,
35or if additional tests exclude the putative father as a
-652-1potential biological father, the unit child support services
2 shall withdraw its action against the putative father and
3shall file a notice of the withdrawal with the clerk of the
4district court, and shall provide a copy of the notice to each
5party in person, or by regular mail sent to each party’s last
6known address, or if applicable, the last known address of the
7party’s attorney.
8n. Except as provided in paragraph “k”, the unit child
9support services shall advance the costs of genetic testing.
10If paternity is established and paternity testing was
11conducted, the unit child support services shall enter an order
12or, if the action proceeded to a court hearing, request that
13the court enter a judgment for the costs of the paternity tests
14consistent with applicable federal law. In a proceeding under
15this chapter, a copy of a bill for genetic testing shall be
16admitted as evidence without requiring third-party foundation
17testimony and shall constitute prima facie evidence of the
18amount incurred for genetic testing.
19 Sec. 907. Section 252F.4, Code 2023, is amended to read as
20follows:
21252F.4 Entry of order.
221. If each party fails to respond to the initial notice
23within twenty days after the date of service of the notice or
24fails to appear at a conference pursuant to section 252F.3 on
25the scheduled date of the conference, and paternity has not
26been contested and each party fails to timely request a court
27hearing on the issue of support, the administrator department
28 shall enter an order against the parties, declaring the
29putative father to be the legal father of the child or children
30involved and assessing any accrued and accruing child support
31obligation pursuant to the guidelines established under section
32598.21B, and medical support pursuant to chapter 252E.
332. If paternity is contested pursuant to section 252F.3,
34subsection 6, and the party contesting paternity fails to
35appear for a paternity test and fails to request a rescheduling
-653-1pursuant to section 252F.3, or fails to appear for both the
2initial and the rescheduled paternity tests and each party
3fails to timely request a court hearing on the issue of
4support, the administrator department shall enter an order
5against the parties declaring the putative father to be the
6legal father of the child or children involved and assessing
7any accrued and accruing child support obligation pursuant to
8the guidelines established under section 598.21B, and medical
9support pursuant to chapter 252E.
103. If a conference pursuant to section 252F.3 is held,
11and paternity is not contested, and each party fails to
12timely request a court hearing on the issue of support, the
13administrator department shall enter an order against the
14parties after the second notice has been sent declaring the
15putative father to be the legal father of the child or children
16involved and assessing any accrued and accruing child support
17obligation pursuant to the guidelines established under section
18598.21B, and medical support pursuant to chapter 252E.
194. If paternity was contested and paternity testing was
20performed and the putative father was not excluded, if the
21test results indicate that the probability of the putative
22father’s paternity is ninety-five percent or greater, if the
23test results are not timely challenged, and if each party fails
24to timely request a court hearing on the issue of support,
25the administrator department shall enter an order against the
26parties declaring the putative father to be the legal father of
27the child or children involved and assessing any accrued and
28accruing child support obligation pursuant to the guidelines
29established under section 598.21B, and medical support pursuant
30to chapter 252E.
315. The administrator department shall establish a support
32obligation under this section based upon the best information
33available to the unit child support services and pursuant to
34section 252B.7A.
356. The order shall contain all of the following:
-654- 1a. A declaration of paternity.
2b. The amount of monthly support to be paid, with direction
3as to the manner of payment.
4c. The amount of accrued support.
5d. The name of the custodial parent or caretaker.
6e. The name and birth date of the child or children to whom
7the order applies.
8f. A statement that property of a party ordered to provide
9support is subject to income withholding, liens, garnishment,
10tax offset, and other collection actions.
11g. The medical support required pursuant to chapter 598 and
12chapter 252E.
13h. A statement that a party who is ordered to provide
14support is required to inform the child support recovery unit
15 services, on a continuing basis, of the name and address of
16the party’s current employer, whether the party has access to
17health insurance coverage as required in the order, and if so,
18the health insurance policy information.
19i. If paternity was contested by the putative father, the
20amount of any judgment assessed to the father for costs of
21paternity tests conducted pursuant to this chapter.
22j. Statements as required pursuant to section 598.22B.
237. If paternity is not contested but a party does wish
24to challenge the issues of child or medical support, the
25administrator department shall enter an order establishing
26paternity and reserving the issues of child or medical support
27for determination by the district court.
28 Sec. 908. Section 252F.5, Code 2023, is amended to read as
29follows:
30252F.5 Certification to district court.
311. Actions initiated under this chapter are not subject
32to contested case proceedings or further review pursuant to
33chapter 17A.
342. An action under this chapter may be certified to
35the district court if a party timely contests paternity
-655-1establishment or paternity test results, or if a party requests
2a court hearing on the issues of child or medical support, or
3both, or upon the initiation of the unit child support services
4 as provided in this chapter. Review by the district court
5shall be an original hearing before the court.
63. In any action brought under this chapter, the action
7shall not be certified to the district court in a contested
8paternity action unless all of the following have occurred:
9a. Paternity testing has been completed.
10b. The results of the paternity test have been issued to all
11parties.
12c. A timely written objection to paternity establishment
13or paternity test results has been received from a party, or
14a timely written request for a court hearing on the issue
15of support has been received from a party by the unit child
16support services, or the unit child support services has
17requested a court hearing on the unit’s child support services’
18 own initiative.
194. A matter shall be certified to the district court in
20the county in which the notice was filed pursuant to section
21252F.3, subsection 3.
225. The court shall set the matter for hearing and notify the
23parties of the time of and place for hearing.
246. If the court determines that the putative father is
25the legal father, the court shall establish the amount of the
26accrued and accruing child support pursuant to the guidelines
27established under section 598.21B, and shall establish medical
28support pursuant to chapter 252E.
297. If the putative father or another party contesting
30paternity fails to appear at the hearing, upon a showing
31that proper notice has been provided to the party, the court
32shall find the party in default and enter an appropriate order
33establishing paternity and support.
34 Sec. 909. Section 252F.6, Code 2023, is amended to read as
35follows:
-656- 1252F.6 Filing with the district court.
2Following issuance of an order by the administrator
3 department, the order shall be presented to an appropriate
4district court judge for review and approval. Unless a defect
5appears on the face of the order, the district court shall
6approve the order. Upon approval by the district court judge,
7the order shall be filed in the district court in the county
8in which the notice was filed pursuant to section 252F.3,
9subsection 3. Upon filing, the order has the same force and
10effect as a district court order.
11 Sec. 910. Section 252F.7, Code 2023, is amended to read as
12follows:
13252F.7 Report to state registrar of vital records statistics.
14Upon the filing of an order with the district court pursuant
15to this chapter, the clerk of the district court shall report
16the information from the order to the bureau of state registrar
17of vital records statistics in the manner provided in section
18600B.36.
19 Sec. 911. Section 252F.8, Code 2023, is amended to read as
20follows:
21252F.8 Waiver of time limitations.
221. A putative father or other party may waive the time
23limitations established in this chapter.
242. If a party does not contest paternity or wish to request
25a conference or court hearing on the issue of support, upon
26receipt of a signed statement from the putative father and
27any other party that may contest establishment of paternity,
28waiving the time limitations, the administrator department
29 shall enter an order establishing paternity and support and the
30court may approve the order, notwithstanding the expiration of
31the period of the time limitations if paternity is established.
323. If a putative father or other party waives the time
33limitations and an order establishing paternity or determining
34support, or both, is entered under this chapter, the signed
35statement of the putative father and other party waiving the
-657-1time limitations shall be filed with the order.
2 Sec. 912. Section 252G.1, Code 2023, is amended to read as
3follows:
4252G.1 Definitions.
5As used in this chapter, unless the context otherwise
6requires:
71. “Business day” means a day on which state offices are
8open for regular business.
92. “Child support services” means child support services
10created in section 252B.2.
112. 3. “Compensation” means payment owed by the payor of
12income for:
13a. Labor or services rendered by an employee or contractor
14to the payor of income.
15b. Benefits including, but not limited to, vacation,
16holiday, and sick leave, and severance payments which are due
17an employee under an agreement with the employer or under a
18policy of the employer.
193. 4. “Contractor” means a natural person who is eighteen
20years of age or older, who performs labor in this state to
21whom a payor of income makes payments which are not subject to
22withholding and for whom the payor of income is required by the
23internal revenue service to complete a 1099-MISC form.
244. 5. “Date of hire” means either of the following:
25a. The first day for which an employee is owed compensation
26by the payor of income.
27b. The first day that a contractor performs labor or
28services for the payor of income.
295. 6. “Days” means calendar days.
306. 7. “Department” means the department of health and human
31services.
327. 8. “Dependent” includes a spouse or child or any other
33person who is in need of and entitled to support from a person
34who is declared to be legally liable for the support of that
35dependent.
-658- 18. 9. “Employee” means a natural person who performs labor
2in this state and is employed by an employer in this state for
3compensation and for whom the employer withholds federal or
4state tax liabilities from the employee’s compensation.
59. 10. “Employer” means a person doing business in this
6state who engages an employee for compensation and for whom the
7employer withholds federal or state tax liabilities from the
8employee’s compensation. “Employer” includes any governmental
9entity and any labor organization.
1010. 11. “Labor organization” means any organization of
11any kind, or any agency, or employee representation committee
12or plan, in which employees participate and which exists for
13the purpose, in whole or in part, of dealing with employers
14concerning grievances, labor disputes, wages, rates of pay,
15hours of employment, or conditions of work.
1611. 12. “Natural person” means an individual and not a
17corporation, government, business trust, estate, partnership,
18proprietorship, or other legal entity, however organized.
1912. 13. “Payor of income” includes both an employer and a
20person engaged in a trade or business in this state who engages
21a contractor for compensation.
2213. 14. “Registry” means the central employee registry
23created in section 252G.2.
2414. 15. “Rehire” means the first day for which an employee
25is owed compensation by the payor of income following a
26termination of employment lasting a minimum of six consecutive
27weeks. Termination of employment does not include temporary
28separations from employment such as unpaid medical leave, an
29unpaid leave of absence, or a temporary layoff.
3015. “Unit” means the child support recovery unit created in
31section 252B.2.
32 Sec. 913. Section 252G.2, Code 2023, is amended to read as
33follows:
34252G.2 Establishment of central employee registry.
35By January 1, 1994, the unit Child support services shall
-659-1establish a centralized employee registry database for the
2purpose of receiving and maintaining information on newly hired
3or rehired employees from employers. The unit Child support
4services shall establish the database and the department may
5adopt rules in conjunction with the department of revenue and
6the department of workforce development to identify appropriate
7uses of the registry and to implement this chapter, including
8implementation through the entering of agreements pursuant to
9chapter 28E.
10 Sec. 914. Section 252G.3, subsection 3, paragraphs b and d,
11Code 2023, are amended to read as follows:
12b. By submitting electronic media in a format approved by
13the unit child support services in advance.
14d. By any other means authorized by the unit child support
15services in advance if the means will result in timely
16reporting.
17 Sec. 915. Section 252G.4, subsection 1, paragraph a,
18unnumbered paragraph 1, Code 2023, is amended to read as
19follows:
20Beginning January 1, 1994, a A payor of income to whom
21section 252G.3 is inapplicable, who enters into an agreement
22for the performance of services with a contractor, shall report
23the contractor to the registry. Payors of income shall report
24contractors performing labor under an agreement within fifteen
25days of the date on which all of the following conditions are
26met:
27 Sec. 916. Section 252G.4, subsection 3, Code 2023, is
28amended to read as follows:
293. A payor of income required to report under this section
30may report the information required under subsection 1 by any
31written means authorized by the unit child support services
32 which results in timely reporting.
33 Sec. 917. Section 252G.5, subsection 1, Code 2023, is
34amended to read as follows:
351. The unit Child support services for program
-660-1 administration of the child support enforcement program,
2including but not limited to activities related to
3establishment and enforcement of child and medical support
4obligations through administrative or judicial processes, and
5other services authorized pursuant to chapter 252B.
6 Sec. 918. Section 252G.7, Code 2023, is amended to read as
7follows:
8252G.7 Data entry and transmitting centralized employee
9registry records to the national new hire registry.
10The unit Child support services shall enter new hire data
11into the centralized employee directory database within five
12business days of receipt from employers and shall transmit the
13records of the centralized employee registry to the national
14directory of new hires within three business days after the
15date information regarding a newly hired employee is entered
16into the centralized employee registry.
17 Sec. 919. Section 252G.8, Code 2023, is amended to read as
18follows:
19252G.8 Income withholding requirements.
20Within two business days after the date information
21regarding a newly hired employee is entered into the
22centralized employee registry and matched with obligors in
23cases being enforced by the unit child support services, the
24unit child support services shall transmit a notice to the
25employer or payor of income of the employee directing the
26employer or payor of income to withhold from the income of the
27employee in accordance with chapter 252D.
28 Sec. 920. Section 252H.1, Code 2023, is amended to read as
29follows:
30252H.1 Purpose and intent.
31This chapter is intended to provide a means for state
32compliance with Tit.IV-D of the federal Social Security
33Act, as amended, requiring states to provide procedures for
34the review and adjustment of support orders being enforced
35under Tit.IV-D of the federal Social Security Act, and also
-661-1to provide an expedited modification process when review
2and adjustment procedures are not required, appropriate, or
3applicable. Actions under this chapter shall be initiated only
4by the child support recovery unit services.
5 Sec. 921. Section 252H.2, Code 2023, is amended to read as
6follows:
7252H.2 Definitions.
81. As used in this chapter, unless the context otherwise
9requires, “administrator”, “caretaker”, “court order”,
10“department”, “dependent child”, “medical support”, and
11“responsible person” mean the same as defined in section 252C.1.
122. As used in this chapter, unless the context otherwise
13requires:
14a. “Act” means the federal Social Security Act.
15b. “Adjustment” applies only to the child support provisions
16of a support order and means either of the following:
17(1) A change in the amount of child support based upon
18an application of the child support guidelines established
19pursuant to section 598.21B.
20(2) An addition of or change to provisions for medical
21support as provided in chapter 252E.
22c. “Child” means a child as defined in section 252B.1.
23d. “Child support agency” means any state, county, or local
24office or entity of another state that has the responsibility
25for providing child support enforcement services under Tit.
26IV-D of the Act.
27e. “Child support recovery unit” or “unit” “Child support
28services” means the child support recovery unit services created
29pursuant to in section 252B.2.
30f. “Cost-of-living alteration” means a change in an existing
31child support order which equals an amount which is the
32amount of the support obligation following application of the
33percentage change of the consumer price index for all urban
34consumers, United States city average, as published in the
35federal register by the federal department of labor, bureau of
-662-1labor statistics.
2g. “Determination of controlling order” means the process
3of identifying a child support order which must be recognized
4pursuant to section 252K.207 and 28 U.S.C. §1738B, when
5more than one state has issued a support order for the same
6child and the same obligor, and may include a reconciliation
7of arrearages with information related to the calculation.
8Registration of an order of another state or foreign country is
9not necessary for a court or the unit child support services to
10make a determination of controlling order.
11h. “Modification” means either of the following:
12(1) A change, correction, or termination of an existing
13support order.
14(2) The establishment of a child or medical support
15obligation in a previously established order entered
16pursuant to chapter 234, 252A, 252C, 598, 600B, or any other
17support proceeding, in which such support was not previously
18established, or in which support was previously established
19and subsequently terminated prior to the emancipation of the
20children affected.
21i. “Parent” means, for the purposes of requesting a review
22of a support order and for being entitled to notice under this
23chapter:
24(1) The individual ordered to pay support pursuant to the
25order.
26(2) An individual or entity entitled to receive current or
27future support payments pursuant to the order, or pursuant to a
28current assignment of support including but not limited to an
29agency of this or any other state that is currently providing
30public assistance benefits to the child for whom support is
31ordered and any child support agency. Service of notice of
32an action initiated under this chapter on an agency is not
33required, but the agency may be advised of the action by other
34means.
35j. “Public assistance” means benefits received in this state
-663-1or any other state, under Tit.IV-A (temporary assistance to
2needy families), IV-E (foster care), or XIX (Medicaid) of the
3Act.
4k. “Review” means an objective evaluation conducted through
5a proceeding before a court, administrative body, or an agency,
6of information necessary for the application of a state’s
7mandatory child support guidelines to determine:
8(1) The appropriate monetary amount of support.
9(2) Provisions for medical support.
10l. “State” means “state” as defined in chapter 252K.
11m. “Support order” means an order for support issued
12pursuant to this chapter, chapter 232, 234, 252A, 252C, 252E,
13252F, 598, 600B, or any other applicable chapter, or under
14a comparable statute of another state or foreign country as
15registered with the clerk of court or certified to the child
16support recovery unit services.
17 Sec. 922. Section 252H.3, subsections 2 and 3, Code 2023,
18are amended to read as follows:
192. Nonsupport issues shall not be considered by the unit
20 child support services or the court in any action resulting
21under this chapter.
223. Actions initiated by the unit child support services
23 under this chapter shall not be subject to contested case
24proceedings or further review pursuant to chapter 17A and
25resulting court hearings following certification shall be an
26original hearing before the district court.
27 Sec. 923. Section 252H.4, Code 2023, is amended to read as
28follows:
29252H.4 Role of the child support recovery unit services.
301. The unit Child support services may administratively
31adjust or modify or may provide for an administrative
32cost-of-living alteration of a support order entered under
33chapter 234, 252A, 252C, 598, or 600B, or any other support
34chapter if the unit child support services is providing
35enforcement services pursuant to chapter 252B.The unit
-664-1 Child support services is not required to intervene to
2administratively adjust or modify or provide for an
3administrative cost-of-living alteration of a support order
4under this chapter.
52. The unit Child support services is a party to an action
6initiated pursuant to this chapter.
73. The unit Child support services shall conduct a review
8to determine whether an adjustment is appropriate or, upon
9the request of a parent or upon the unit’s child support
10services’ own initiative, determine whether a modification is
11appropriate.
124. The unit Child support services shall adopt rules
13pursuant to chapter 17A to establish the process for the review
14of requests for adjustment, the criteria and procedures for
15conducting a review and determining when an adjustment is
16appropriate, the procedure and criteria for a cost-of-living
17alteration, the criteria and procedure for a request for review
18pursuant to section 252H.18A, and other rules necessary to
19implement this chapter.
205. Legal representation of the unit child support services
21 shall be provided pursuant to section 252B.7, subsection 4.
22 Sec. 924. Section 252H.5, Code 2023, is amended to read as
23follows:
24252H.5 Fees and cost recovery for review — adjustment —
25modification.
261. Unless the unit child support services is already
27providing support enforcement service pursuant to chapter 252B,
28a parent ordered to provide support, who requests a review of a
29support order under subchapter II, shall file an application
30for services pursuant to section 252B.4.
312. A parent requesting a service shall pay the fee
32established for that service as established under this
33subsection. The fees established are not applicable to a
34parent who as a condition of eligibility for receiving public
35assistance benefits has assigned the rights to child or medical
-665-1support for the order to be reviewed. The following fees shall
2be paid for the following services:
3a. A fee for conducting the review, to be paid at the time
4the request for review is submitted to the unit child support
5services. If the request for review is denied for any reason,
6the fee shall be refunded to the parent making the request.
7Any request submitted without full payment of the fee shall be
8denied.
9b. A fee for a second review requested pursuant to section
10252H.17, to be paid at the time the request for the second
11review is submitted to the unit child support services. Any
12request submitted without full payment of the fee shall be
13denied.
14c. A fee for activities performed by the unit child support
15services in association with a court hearing requested pursuant
16to section 252H.8.
17d. A fee for activities performed by the unit child support
18services in entering an administrative order to adjust support
19when neither parent requests a court hearing pursuant to
20section 252H.8. The fee shall be paid during the postreview
21waiting period under section 252H.17. If the fee is not paid
22in full during the postreview notice period, further action
23shall not be taken by the unit child support services to adjust
24the order unless the parent not requesting the adjustment
25pays the fee in full during the postreview waiting period,
26or unless the children affected by the order reviewed are
27currently receiving public assistance benefits and the proposed
28adjustment would result in either an increase in the amount of
29support or in provisions for medical support for the children.
30e. A fee for conducting a conference requested pursuant to
31section 252H.20.
323. A parent who requests a review of a support order
33pursuant to section 252H.13, shall pay any service of process
34fees for service or attempted service of the notice required
35in section 252H.15. The unit Child support services shall not
-666-1proceed to conduct a review pursuant to section 252H.16 until
2service of process fees have been paid in full. The service of
3process fee requirement of this subsection is not applicable
4to a parent who as a condition of eligibility for public
5assistance benefits has assigned the rights to child or medical
6support for the order to be reviewed. Service of process fees
7charged by a person other than the unit child support services
8 are distinct from any other fees and recovery of costs provided
9for in this section.
104. The unit Child support services shall, consistent with
11applicable federal law, recover administrative costs in excess
12of any fees collected pursuant to subsections 2 and 3 for
13providing services under this chapter and shall adopt rules
14providing for collection of fees for administrative costs.
155. The unit Child support services shall adopt rules
16pursuant to chapter 17A to establish procedures and criteria to
17determine the amount of any fees specified in this section and
18the administrative costs in excess of these fees.
19 Sec. 925. Section 252H.6, Code 2023, is amended to read as
20follows:
21252H.6 Collection of information.
22The unit Child support services may request, obtain, and
23validate information concerning the financial circumstances
24of the parents of a child as necessary to determine the
25appropriate amount of support pursuant to the guidelines
26established in section 598.21B, including but not limited to
27those sources and procedures described in sections 252B.7A and
28252B.9. The collection of information does not constitute a
29review conducted pursuant to section 252H.16.
30 Sec. 926. Section 252H.7, Code 2023, is amended to read as
31follows:
32252H.7 Waiver of notice periods and time limitations.
331. A parent may waive the fifteen-day prereview waiting
34period provided for in section 252H.16.
35a. Upon receipt of signed requests from both parents
-667-1waiving the prereview waiting period, the unit child support
2services may conduct a review of the support order prior to
3the expiration of the fifteen-day period provided in section
4252H.16.
5b. If the parents jointly waive the prereview waiting period
6and the order under review is subsequently adjusted, the signed
7statements of both parents waiving the waiting period shall be
8filed in the court record with the order adjusting the support
9obligation.
102. A parent may waive the postreview waiting period provided
11for in section 252H.8, subsection 2 or 7, for a court hearing
12or in section 252H.17 for requesting of a second review.
13a. Upon receipt of signed requests from both parents subject
14to the order reviewed, waiving the postreview waiting period,
15the unit child support services may enter an administrative
16order adjusting the support order, if appropriate, prior to the
17expiration of the postreview waiting period.
18b. If the parents jointly waive the postreview waiting
19period and an administrative order to adjust the support order
20is entered, the signed statements of both parents waiving the
21waiting period shall be filed in the court record with the
22administrative order adjusting the support obligation.
233. A parent may waive the time limitations established in
24section 252H.8, subsection 3, for requesting a court hearing,
25or in section 252H.20 for requesting a conference.
26a. Upon receipt of signed requests from both parents who
27are subject to the order to be modified, waiving the time
28limitations, the unit child support services may proceed to
29enter an administrative modification order.
30b. If the parents jointly waive the time limitations and
31an administrative modification order is entered under this
32chapter, the signed statements of both parents waiving the
33time limitations shall be filed in the court record with the
34administrative modification order.
35 Sec. 927. Section 252H.8, Code 2023, is amended to read as
-668-1follows:
2252H.8 Certification to court — hearing — default.
31. For actions initiated under section 252H.15, either
4parent or the unit child support services may request a court
5hearing within fifteen days from the date of issuance of the
6notice of decision under section 252H.16, or within ten days
7of the date of issuance of the second notice of decision under
8section 252H.17, whichever is later.
92. For actions initiated under section 252H.14A, either
10parent or the unit child support services may request a court
11hearing within ten days of the issuance of the second notice of
12decision under section 252H.17.
133. For actions initiated under subchapter III, either
14parent or the unit child support services may request a court
15hearing within the latest of any of the following time periods:
16a. Twenty days from the date of successful service of the
17notice of intent to modify required under section 252H.19.
18b. Ten days from the date scheduled for a conference to
19discuss the modification action.
20c. Ten days from the date of issuance of a second notice of
21a proposed modification action.
224. The time limitations for requesting a court hearing
23under this section may be extended by the unit child support
24services.
255. If a timely written request for a hearing is received
26by the unit child support services, a hearing shall be held
27in district court, and the unit child support services shall
28certify the matter to the district court in the county in which
29the order subject to adjustment or modification is filed. The
30certification shall include the following, as applicable:
31a. Copies of the notice of intent to review or notice of
32intent to modify.
33b. The return of service, proof of service, acceptance of
34service, or signed statement by the parent requesting review
35and adjustment or requesting modification, waiving service of
-669-1the notice.
2c. Copies of the notice of decision and any revised notice
3as provided in section 252H.16.
4d. Copies of any written objections to and request for a
5second review or conference or hearing.
6e. Copies of any second notice of decision issued pursuant
7to section 252H.17, or second notice of proposed modification
8action issued pursuant to section 252H.20.
9f. Copies of any financial statements and supporting
10documentation provided by the parents including proof of
11a substantial change in circumstances for a request filed
12pursuant to section 252H.18A.
13g. Copies of any computation worksheet prepared by the
14unit child support services to determine the amount of support
15calculated using the mandatory child support guidelines
16established under section 598.21B, and, if appropriate and the
17social security disability provisions of sections 598.22 and
18598.22C apply, a determination of the amount of delinquent
19support due.
20h. A certified copy of each order, issued by another state
21or foreign country, considered in determining the controlling
22order.
236. The court shall set the matter for hearing and notify the
24parties of the time and place of the hearing.
257. For actions initiated under section 252H.15, a hearing
26shall not be held for at least sixteen days following the date
27of issuance of the notice of decision unless the parents have
28jointly waived, in writing, the fifteen-day postreview period.
298. Pursuant to section 252H.3, the district court shall
30review the matter as an original hearing before the court.
319. Issues subject to review by the court in any hearing
32resulting from an action initiated under this chapter shall be
33limited to the issues identified in section 252H.3.
3410. Notwithstanding any other law to the contrary, if more
35than one support order exists involving children with the same
-670-1legally established parents, one hearing on all of the affected
2support orders shall be held in the district court in the
3county where the unit child support services files the action.
4For the purposes of this subsection, the district court hearing
5the matter shall have jurisdiction over all other support
6orders entered by a court of this state and affected under this
7subsection.
811. The court shall establish the amount of child support
9pursuant to section 598.21B, or medical support pursuant to
10chapter 252E, or both.
1112. If a party fails to appear at the hearing, upon a
12showing of proper notice to the party, the court may find the
13party in default and enter an appropriate order.
14 Sec. 928. Section 252H.9, Code 2023, is amended to read as
15follows:
16252H.9 Filing and docketing of administrative adjustment or
17modification order — order effective as district court order.
181. If timely request for a court hearing is not made
19pursuant to section 252H.8, the unit child support services
20 shall prepare and present an administrative order for
21adjustment or modification, as applicable, for review and
22approval, ex parte, to the district court where the order to
23be adjusted or modified is filed. Notwithstanding any other
24law to the contrary, if more than one support order exists
25involving children with the same legally established parents,
26for the purposes of this subsection, the district court
27reviewing and approving the matter shall have jurisdiction over
28all other support orders entered by a court of this state and
29affected under this subsection.
302. For orders to which subchapter II or III is applicable,
31the unit child support services shall determine the appropriate
32amount of the child support obligation using the current child
33support guidelines established pursuant to section 598.21B
34and the criteria established pursuant to section 252B.7A and
35shall determine the provisions for medical support pursuant to
-671-1chapter 252E.
23. The administrative order prepared by the unit child
3support services shall specify all of the following:
4a. The amount of support to be paid and the manner of
5payment.
6b. The name of the custodian of any child for whom support
7is to be paid.
8c. The name of the parent ordered to pay support.
9d. The name and birth date of any child for whom support is
10to be paid.
11e. That the property of the responsible person is subject
12to collection action, including but not limited to wage
13withholding, garnishment, attachment of a lien, and other
14methods of execution.
15f. Provisions for medical support.
16g. If applicable, the order determined to be the controlling
17order.
18h. If applicable, the amount of delinquent support due based
19upon the receipt of social security disability payments as
20provided in sections 598.22 and 598.22C.
214. Supporting documents as described in section 252H.8,
22subsection 5, may be presented to the court with the
23administrative order, as applicable.
245. Unless defects appear on the face of the order or on the
25attachments, the district court shall approve the order. Upon
26filing, the approved order shall have the same force, effect,
27and attributes of an order of the district court.
286. Upon filing, the clerk of the district court shall enter
29the order in the judgment docket and judgment lien index.
307. A copy of the order shall be sent by regular mail within
31fourteen days after filing to each parent’s last known address,
32or if applicable, to the last known address of the parent’s
33attorney.
348. The order is final, and action by the unit child support
35services to enforce and collect upon the order, including
-672-1arrearages and medical support, or both, may be taken from the
2date of the entry of the order by the district court.
3 Sec. 929. Section 252H.10, subsection 2, Code 2023, is
4amended to read as follows:
52. The periodic due date established under a prior order
6for payment of child support shall not be changed in any
7order modified as a result of an action initiated under this
8chapter, unless the child support recovery unit services or
9the court determines that good cause exists to change the
10periodic due date. If the unit child support services or the
11court determines that good cause exists, the unit child support
12services or the court shall include the rationale for the
13change in the modified order and shall address the issue of
14reconciliation of any payments due or made under a prior order
15which would result in payment of the child support obligation
16under both the prior and the modified orders.
17 Sec. 930. Section 252H.11, Code 2023, is amended to read as
18follows:
19252H.11 Concurrent actions.
20This chapter does not prohibit or affect the ability or right
21of a parent or the parent’s attorney to file a modification
22action at the parent’s own initiative. If a modification
23action is filed by a parent concerning an order for which an
24action has been initiated but has not yet been completed by the
25unit child support services under this chapter, the unit child
26support services shall terminate any action initiated under
27this chapter, subject to the following:
281. The modification action filed by the parent must address
29the same issues as the action initiated under this chapter.
302. If the modification action filed by the parent is
31subsequently dismissed before being heard by the court,
32the unit child support services shall continue the action
33previously initiated under subchapter II or III, or initiate a
34new action as follows:
35a. If the unit child support services previously initiated
-673-1an action under subchapter II, and had not issued a notice of
2decision as required under section 252H.14A or 252H.16, the
3unit child support services shall proceed as follows:
4(1) If notice of intent to review was served ninety days
5or less prior to the date the modification action filed by the
6parent is dismissed, the unit child support services shall
7complete the review and issue the notice of decision.
8(2) If the modification action filed by the parent is
9dismissed more than ninety days after the original notice of
10intent to review was served, the unit child support services
11 shall serve or issue a new notice of intent to review and
12conduct the review.
13(3) If the unit child support services initiated a review
14under section 252H.14A, the unit child support services may
15issue the notice of decision.
16b. If the unit child support services previously initiated
17an action under subchapter II and had issued the notice of
18decision as required under section 252H.14A or 252H.16, the
19unit child support services shall proceed as follows:
20(1) If the notice of decision was issued ninety days or less
21prior to the date the modification action filed by the parent
22is dismissed, the unit child support services shall request,
23obtain, and verify any new or different information concerning
24the financial circumstances of the parents and issue a revised
25notice of decision to each parent, or if applicable, to the
26parent’s attorney.
27(2) If the modification action filed by the parent is
28dismissed more than ninety days after the date of issuance
29of the notice of decision, the unit child support services
30 shall serve or issue a new notice of intent to review pursuant
31to section 252H.15 and conduct a review pursuant to section
32252H.16, or conduct a review and serve a new notice of decision
33under section 252H.14A.
34c. If the unit child support services previously initiated
35an action under subchapter III, the unit child support services
-674-1 shall proceed as follows:
2(1) If the modification action filed by the parent is
3dismissed more than ninety days after the original notice of
4intent to modify was served, the unit child support services
5 shall serve a new notice of intent to modify pursuant to
6section 252H.19.
7(2) If the modification action filed by the parent is
8dismissed ninety days or less after the original notice of
9intent to modify was served, the unit child support services
10 shall complete the original modification action initiated by
11the unit child support services under this subchapter.
12(3) Each parent shall be allowed at least twenty days from
13the date the administrative modification action is reinstated
14to request a court hearing as provided for in section 252H.8.
153. If an action initiated under this chapter is terminated
16as the result of a concurrent modification action filed by
17one of the parents or the parent’s attorney, the unit child
18support services shall advise each parent, or if applicable,
19the parent’s attorney, in writing, that the action has been
20terminated and the provisions of subsection 2 of this section
21for continuing or initiating a new action under this chapter.
22The notice shall be issued by regular mail to the last known
23mailing address of each parent, or if applicable, each parent’s
24attorney.
254. If an action initiated under this chapter by the
26unit child support services is terminated as the result
27of a concurrent action filed by one of the parents and is
28subsequently reinstated because the modification action filed
29by the parent is dismissed, the unit child support services
30 shall advise each parent, or if applicable, each parent’s
31attorney, in writing, that the unit child support services is
32continuing the prior administrative adjustment or modification
33action. The notice shall be issued by regular mail to the last
34known mailing address of each parent, or if applicable, each
35parent’s attorney.
-675-1 Sec. 931. Section 252H.12, subsection 3, Code 2023, is
2amended to read as follows:
33. The unit Child support services is providing enforcement
4services for the ongoing support obligation pursuant to chapter
5252B.
6 Sec. 932. Section 252H.13, Code 2023, is amended to read as
7follows:
8252H.13 Right to request review.
9A parent shall have the right to request the review of a
10support order for which the unit child support services is
11currently providing enforcement services of an ongoing child
12support obligation pursuant to chapter 252B including by
13objecting to a cost-of-living alteration pursuant to section
14252H.24, subsections 1 and 2.
15 Sec. 933. Section 252H.14, Code 2023, is amended to read as
16follows:
17252H.14 Reviews initiated by the child support recovery unit
18 services.
191. The unit Child support services may periodically
20initiate a review of support orders meeting the conditions in
21section 252H.12 in accordance with the following:
22a. The right to any ongoing child support obligation is
23currently assigned to the state due to the receipt of public
24assistance.
25b. The support order does not already include provisions for
26medical support.
27c. The review is otherwise necessary to comply with the Act.
282. The unit Child support services may periodically
29initiate a request to a child support agency of another state
30or to a foreign country to conduct a review of a support
31order when the right to any ongoing child or medical support
32obligation due under the order is currently assigned to the
33state of Iowa or if the order does not include provisions for
34medical support.
353. The unit Child support services shall adopt rules
-676-1establishing criteria to determine the appropriateness of
2initiating a review.
34. The unit Child support services shall initiate reviews
4under this section in accordance with the Act.
5 Sec. 934. Section 252H.14A, Code 2023, is amended to read
6as follows:
7252H.14A Reviews initiated by the child support recovery unit
8 services — abbreviated method.
91. Notwithstanding section 252H.15, the unit child support
10services may use procedures under this section to review a
11support order if all the following apply:
12a. One of the following applies:
13(1) The right to ongoing child support is assigned to the
14state of Iowa due to the receipt of family investment program
15assistance, and a review of the support order is required under
16section 7302 of the federal Deficit Reduction Act of 2005, Pub.
17L. No.109-171.
18(2) A parent requests a review, provides the unit child
19support services with financial information as part of that
20request, and the order meets the criteria for review under this
21subchapter.
22b. The unit Child support services has access to information
23concerning the financial circumstances of each parent and one
24of the following applies:
25(1) The parent is a recipient of family investment program
26assistance, medical assistance, or food supplemental nutrition
27assistance program assistance from the department.
28(2) The parent’s income is from supplemental security
29income paid pursuant to 42 U.S.C. §1381a.
30(3) The parent is a recipient of disability benefits under
31the Act because of the parent’s disability.
32(4) The parent is an inmate of an institution under the
33control of the department of corrections.
34(5) The unit Child support services has access to
35information described in section 252B.7A, subsection 1,
-677-1paragraph “c”.
22. If the conditions of subsection 1 are met, the unit child
3support services may conduct a review and determine whether
4an adjustment is appropriate using information accessible by
5the unit child support services without issuing a notice under
6section 252H.15 or requesting additional information from the
7parent.
83. Upon completion of the review, the unit child support
9services shall issue a notice of decision to each parent, or
10if applicable, to each parent’s attorney. The notice shall be
11served in accordance with the rules of civil procedure or as
12provided in section 252B.26, except that a parent requesting
13a review pursuant to section 252H.13 shall waive the right to
14personal service of the notice in writing and accept service
15by regular mail. If the service by regular mail does not occur
16within ninety days of the written waiver of personal service,
17personal service of the notice is required unless a new waiver
18of personal service is obtained.
194. All of the following shall be included in the notice of
20decision:
21a. The legal basis and purpose of the action, including
22an explanation of the procedures for determining child
23support, the criteria for determining the appropriateness of
24an adjustment, and a statement that the unit child support
25services used the child support guidelines established pursuant
26to section 598.21B and the provisions for medical support
27pursuant to chapter 252E.
28b. Information sufficient to identify the affected parties
29and the support order or orders affected.
30c. An explanation of the legal rights and responsibilities
31of the affected parties, including time frames in which the
32parties must act.
33d. A statement indicating whether the unit child support
34services finds that an adjustment is appropriate and the basis
35for the determination.
-678- 1e. Procedures for contesting the action, including that if a
2parent requests a second review both parents will be requested
3to submit financial or income information as necessary for
4application of the child support guidelines established
5pursuant to section 598.21B.
6f. Other information as appropriate.
75. Section 252H.16, subsection 5, regarding a revised
8notice of decision shall apply to a notice of decision issued
9under this section.
106. Each parent shall have the right to challenge the notice
11of decision issued under this section by requesting a second
12review by the unit child support services as provided in
13section 252H.17. If there is no new or different information
14to consider for the second review, the unit child support
15services shall issue a second notice of decision based on prior
16information. Each parent shall have the right to challenge
17the second notice of decision by requesting a court hearing as
18provided in section 252H.8.
19 Sec. 935. Section 252H.15, subsection 1, Code 2023, is
20amended to read as follows:
211. Unless an action is initiated under section 252H.14A,
22prior to conducting a review of a support order, the unit child
23support services shall issue a notice of intent to review and
24adjust to each parent, or if applicable, to each parent’s
25attorney. However, notice to a child support agency or an
26agency entitled to receive child or medical support payments as
27the result of an assignment of support rights is not required.
28 Sec. 936. Section 252H.15, subsection 3, unnumbered
29paragraph 1, Code 2023, is amended to read as follows:
30The unit Child support services shall adopt rules pursuant
31to chapter 17A to ensure that all of the following are included
32in the notice:
33 Sec. 937. Section 252H.15, subsection 3, paragraph e, Code
342023, is amended to read as follows:
35e. Criteria for determining appropriateness of an adjustment
-679-1and a statement that the unit child support services will use
2the child support guidelines established pursuant to section
3598.21B and the provisions for medical support pursuant to
4chapter 252E to adjust the order.
5 Sec. 938. Section 252H.16, Code 2023, is amended to read as
6follows:
7252H.16 Conducting the review — notice of decision.
81. For actions initiated under section 252H.15, the unit
9 child support services shall conduct the review and determine
10whether an adjustment is appropriate. As necessary, the unit
11 child support services shall make a determination of the
12controlling order or the amount of delinquent support due based
13upon the receipt of social security disability payments as
14provided in sections 598.22 and 598.22C.
152. Unless both parents have waived the prereview notice
16period as provided for in section 252H.7, the review shall
17not be conducted for at least fifteen days from the date both
18parents were successfully served with the notice required in
19section 252H.15.
203. Upon completion of the review, the unit child support
21services shall issue a notice of decision by regular mail to
22the last known address of each parent, or if applicable, each
23parent’s attorney.
244. The unit Child support services shall adopt rules
25pursuant to chapter 17A to ensure that all of the following are
26included in the notice:
27a. Information sufficient to identify the affected parties
28and the support order or orders affected.
29b. A statement indicating whether the unit child support
30services finds that an adjustment is appropriate and the basis
31for the determination.
32c. Other information, as appropriate.
335. A revised notice of decision shall be issued when the
34unit child support services receives or becomes aware of new or
35different information affecting the results of the review after
-680-1the notice of decision has been issued and before the entry of
2an administrative order adjusting the support order, when new
3or different information is not received in conjunction with
4a request for a second review, or subsequent to a request for
5a court hearing. If a revised notice of decision is issued,
6the time frames for requesting a second review or court hearing
7shall apply from the date of issuance of the revised notice.
8 Sec. 939. Section 252H.17, Code 2023, is amended to read as
9follows:
10252H.17 Challenging the notice of decision — second review
11— notice.
121. Each parent shall have the right to challenge the notice
13of decision issued under section 252H.14A or 252H.16, by
14requesting a second review by the unit child support services.
152. A challenge shall be submitted, in writing, to the
16local child support office that issued the notice of decision
17 services, within thirty days of service of the notice of
18decision under section 252H.14A or within ten days of the
19issuance of the notice of decision under section 252H.16.
203. A parent challenging the notice of decision shall submit
21any new or different information, not previously considered by
22the unit child support services in conducting the review, with
23the challenge and request for second review.
244. A parent challenging the notice of decision shall submit
25any required fees with the challenge. Any request submitted
26without full payment of the required fee shall be denied.
275. If a timely challenge along with any necessary fee
28is received, the unit child support services shall issue by
29regular mail to the last known address of each parent, or if
30applicable, to each parent’s attorney, a notice that a second
31review will be conducted. The unit Child support services
32 shall adopt rules pursuant to chapter 17A to ensure that all of
33the following are included in the notice:
34a. A statement of purpose of the second review.
35b. Information sufficient to identify the affected parties
-681-1and the support order or orders affected.
2c. A statement of the information that is eligible for
3consideration at the second review.
4d. The procedures and time frames in conducting and
5completing a second review, including a statement that only one
6second review shall be conducted as the result of a challenge
7received from either or both parents.
8e. An explanation of the right to request a court hearing,
9and the applicable time frames and procedures to follow in
10requesting a court hearing.
11f. Other information, as appropriate.
126. The unit Child support services shall conduct a second
13review, utilizing any new or additional information provided
14or available since issuance of the notice of decision under
15section 252H.14A or under section 252H.16, to determine whether
16an adjustment is appropriate.
177. Upon completion of the review, the unit child
18support services shall issue a second notice of decision by
19regular mail to the last known address of each parent, or if
20applicable, to each parent’s attorney. The unit Child support
21services shall adopt rules pursuant to chapter 17A to ensure
22that all of the following are included in the notice:
23a. Information sufficient to identify the affected parties
24and the support order or orders affected.
25b. The unit’s Child support services’ finding resulting from
26the second review indicating whether the unit child support
27services finds that an adjustment is appropriate, the basis for
28the determination, and the impact on the first review.
29c. An explanation of the right to request a court hearing,
30and the applicable time frames and procedures to follow in
31requesting a court hearing.
32d. Other information, as appropriate.
338. If the determination resulting from the first review
34is revised or reversed by the second review, the following
35shall be issued to each parent along with the second notice of
-682-1decision and the amount of any proposed adjustment:
2a. Any updated or revised financial statements provided by
3either parent.
4b. A computation prepared by the local child support office
5issuing the notice services, demonstrating how the amount of
6support due under the child support guidelines was calculated,
7and a comparison of the newly computed amount with the current
8support obligation amount.
9 Sec. 940. Section 252H.18, subsection 2, Code 2023, is
10amended to read as follows:
112. The unit Child support services is providing services
12pursuant to chapter 252B.
13 Sec. 941. Section 252H.18A, subsection 1, unnumbered
14paragraph 1, Code 2023, is amended to read as follows:
15If a support order is not eligible for review and adjustment
16because the support order is outside of the minimum time frames
17specified by rule of the department, a parent may request a
18review and administrative modification by submitting all of the
19following to the unit child support services:
20 Sec. 942. Section 252H.18A, subsection 2, Code 2023, is
21amended to read as follows:
222. Upon receipt of the request and all documentation
23required in subsection 1, the unit child support services shall
24review the request and documentation and if appropriate shall
25issue a notice of intent to modify as provided in section
26252H.19.
27 Sec. 943. Section 252H.19, subsection 1, Code 2023, is
28amended to read as follows:
291. The unit Child support services shall issue a notice of
30intent to modify to each parent. Notice to a child support
31agency or an agency entitled to receive child or medical
32support payments as the result of an assignment of support
33rights is not required.
34 Sec. 944. Section 252H.19, subsection 2, unnumbered
35paragraph 1, Code 2023, is amended to read as follows:
-683- 1The notice shall be served upon each parent in accordance
2with the rules of civil procedure, except that a parent
3requesting modification shall, at the time of the request,
4waive the right to personal service of the notice in writing
5and accept service by regular mail. The unit Child support
6services shall adopt rules pursuant to chapter 17A to ensure
7that all of the following are included in the notice:
8 Sec. 945. Section 252H.20, Code 2023, is amended to read as
9follows:
10252H.20 Conference — second notice and finding of financial
11responsibility.
121. Each parent shall have the right to request a conference
13with the office of the unit that issued the notice of intent
14to modify child support services. The request may be made in
15person, in writing, or by telephone, and shall be made within
16ten days of the date of successful service of the notice of
17intent to modify.
182. A parent requesting a conference shall submit
19any required fee no later than the date of the scheduled
20conference. A conference shall not be held unless the required
21fee is paid in full.
223. Upon a request and full payment of any required fee,
23the office of the unit that issued the notice of intent to
24modify child support services shall schedule a conference with
25the parent and advise the parent of the date, time, place, and
26procedural aspects of the conference. The unit Child support
27services shall adopt rules pursuant to chapter 17A to specify
28the manner in which a conference is conducted and the purpose
29of the conference.
304. Following the conference, the office of the unit that
31conducted the review child support services shall issue a
32second notice of proposed modification and finding of financial
33responsibility to the parent requesting the conference. The
34unit Child support services shall adopt rules pursuant to
35chapter 17A to ensure that all of the following are included
-684-1in the notice:
2a. Information sufficient to identify the affected parties
3and the support order or orders affected.
4b. If the unit child support services will continue or
5terminate the action.
6c. Procedures for contesting the action and the applicable
7time frames for actions by the parents.
8d. Other information, as appropriate.
9 Sec. 946. Section 252H.21, subsection 2, paragraph c,
10subparagraph (2), Code 2023, is amended to read as follows:
11(2) Increase or decrease the amount of the child support
12order calculated in subparagraph (1) for each subsequent year
13by applying the appropriate consumer price index for each
14subsequent year to the result of the calculation for the
15previous year. The final year in the calculation shall be the
16year immediately preceding the year the unit child support
17services received the completed request for the cost-of-living
18alteration.
19 Sec. 947. Section 252H.22, subsection 3, Code 2023, is
20amended to read as follows:
213. The unit Child support services is providing enforcement
22services for the ongoing support obligation pursuant to chapter
23252B.
24 Sec. 948. Section 252H.23, unnumbered paragraph 1, Code
252023, is amended to read as follows:
26A parent may request a cost-of-living alteration by
27submitting all of the following to the unit child support
28services:
29 Sec. 949. Section 252H.24, Code 2023, is amended to read as
30follows:
31252H.24 Role of the child support recovery unit services —
32filing and docketing of cost-of-living alteration order — order
33effective as district court order.
341. Upon receipt of a request and required documentation for
35a cost-of-living alteration, the unit child support services
-685-1 shall issue a notice of the amount of cost-of-living alteration
2by regular mail to the last known address of each parent,
3or, if applicable, each parent’s attorney. The notice shall
4include all of the following:
5a. A statement that either parent may contest the
6cost-of-living alteration within thirty days of the date of
7the notice by making a request for a review of a support order
8as provided in section 252H.13, and if either parent does not
9make a request for a review within thirty days, the unit child
10support services shall prepare an administrative order as
11provided in subsection 4.
12b. A statement that the parent may waive the thirty-day
13notice waiting period provided for in this section.
142. Upon timely receipt of a request and required
15documentation for a review of a support order as provided
16in subsection 1 from either parent, the unit child support
17services shall terminate the cost-of-living alteration process
18and apply the provisions of subchapters I and II of this
19chapter relating to review and adjustment.
203. Upon receipt of signed requests from both parents subject
21to the support order, waiving the notice waiting period, the
22unit child support services may prepare an administrative order
23pursuant to subsection 4 altering the support obligation.
244. If timely request for a review pursuant to section
25252H.13 is not made, and if the thirty-day notice waiting
26period has expired, or if both parents have waived the notice
27waiting period, the unit child support services shall prepare
28and present an administrative order for a cost-of-living
29alteration, ex parte, to the district court where the order to
30be altered is filed.
315. Unless defects appear on the face of the administrative
32order or on the attachments, the district court shall approve
33the order. Upon filing, the approved order shall have the
34same force, effect, and attributes of an order of the district
35court.
-686- 16. Upon filing, the clerk of the district court shall enter
2the order in the judgment docket and judgment lien index.
37. If the parents jointly waive the thirty-day notice
4waiting period, the signed statements of both parents waiving
5the notice period shall be filed in the court record with the
6administrative order altering the support obligation.
78. The unit Child support services shall send a copy of
8the order by regular mail to each parent’s last known address,
9or, if applicable, to the last known address of the parent’s
10attorney.
119. An administrative order approved by the district court is
12final, and action by the unit child support services to enforce
13and collect upon the order may be taken from the date of the
14entry of the order by the district court.
15 Sec. 950. Section 252I.1, Code 2023, is amended to read as
16follows:
17252I.1 Definitions.
18As used in this chapter, unless the context otherwise
19requires:
201. “Account” means “account” as defined in section 524.103,
21the savings or deposits of a member received or being held
22by a credit union, or certificates of deposit. “Account”
23also includes deposits held by an agent, a broker-dealer,
24or an issuer as defined in section 502.102 and money-market
25mutual fund accounts and “account” as defined in 42 U.S.C.
26§666(a)(17). However, “account” does not include amounts held
27by a financial institution as collateral for loans extended by
28the financial institution.
292. “Bank” means “bank”, “insured bank”, and “state bank” as
30defined in section 524.103.
313. “Child support services” means child support services
32created in section 252B.2.
333. 4. “Court order” means “support order” as defined in
34section 252J.1.
354. 5. “Credit union” means “credit union” as defined in
-687-1section 533.102.
25. 6. “Financial institution” means “financial institution”
3as defined in 42 U.S.C. §669A(d)(1). “Financial institution”
4also includes an institution which holds deposits for an agent,
5broker-dealer, or an issuer as defined in section 502.102.
66. 7. “Obligor” means a person who has been ordered by a
7court or administrative authority to pay support.
87. 8. “Support” or “support payments” means “support” or
9“support payments” as defined in section 252D.16.
108. “Unit” or “child support recovery unit” means the child
11support recovery unit created in section 252B.2.
129. “Working days” means only Monday, Tuesday, Wednesday,
13Thursday, and Friday, but excluding the holidays specified in
14section 1C.2, subsection 1.
15 Sec. 951. Section 252I.2, Code 2023, is amended to read as
16follows:
17252I.2 Purpose and use.
181. Notwithstanding other statutory provisions which provide
19for the execution, attachment, or levy against accounts, the
20unit child support services may utilize the process established
21in this chapter to collect delinquent support payments provided
22that any exemptions or exceptions which specifically apply to
23enforcement of support obligations pursuant to other statutory
24provisions also apply to this chapter.
252. An obligor is subject to the provisions of this chapter
26if the obligor’s support obligation is being enforced by the
27 child support recovery unit services, and if the support
28payments ordered under chapter 232, 234, 252A, 252C, 252D,
29252E, 252F, 598, 600B, or any other applicable chapter,
30or under a comparable statute of another state or foreign
31country, as certified to the child support recovery unit
32 services, are not paid to the clerk of the district court or
33the collection services center pursuant to section 598.22 and
34become delinquent in an amount equal to the support payment for
35one month.
-688- 13. Any amount forwarded by a financial institution under
2this chapter shall not exceed the amounts specified in 15
3U.S.C. §1673(b) and shall not exceed the delinquent or accrued
4amount of support owed by the obligor.
5 Sec. 952. Section 252I.3, Code 2023, is amended to read as
6follows:
7252I.3 Initial notice to obligor.
8The unit Child support services or the district court
9may include language in any new or modified support order
10issued on or after July 1, 1994, notifying the obligor that
11the obligor is subject to the provisions of this chapter.
12However, this chapter is sufficient notice for implementation
13of administrative levy provisions without further notice of the
14provisions of this chapter.
15 Sec. 953. Section 252I.4, Code 2023, is amended to read as
16follows:
17252I.4 Verification of accounts and immunity from liability.
181. The unit Child support services may contact a financial
19institution to obtain verification of the account number, the
20names and social security numbers listed for the account, and
21the account balance of any account held by an obligor. Contact
22with a financial institution may be by telephone or by written
23communication. The financial institution may require positive
24voice recognition and may require the telephone number of the
25authorized person from the unit child support services before
26releasing an obligor’s account information by telephone.
272. The unit Child support services and financial
28institutions doing business in Iowa shall enter into agreements
29to develop and operate a data match system, using automated
30data exchanges to the maximum extent feasible. The data
31match system shall allow a means by which each financial
32institution shall provide to the unit child support services
33 for each calendar quarter the name, record address, social
34security number or other taxpayer identification number, and
35other identifying information for each obligor who maintains
-689-1an account at the institution and who owes past-due support,
2as identified by the unit child support services by name and
3social security number or other taxpayer identification number.
4The unit Child support services shall work with representatives
5of financial institutions to develop a system to assist
6nonautomated financial institutions in complying with the
7provisions of this section.
83. The unit Child support services may pay a reasonable
9fee to a financial institution for conducting the data match
10required in subsection 2, not to exceed the lower of either
11one hundred fifty dollars for each quarterly data match or the
12actual costs incurred by the financial institution for each
13quarterly data match. However, the unit child support services
14 may also adopt rules pursuant to chapter 17A to specify a fee
15amount for each quarterly data match based upon the estimated
16state share of funds collected under this chapter, which,
17when adopted, shall be applied in lieu of the one hundred
18fifty dollar fee under this subsection. In addition, the unit
19 child support services may pay a reasonable fee to a financial
20institution for automation programming development performed
21in order to conduct the data match required in subsection 2,
22not to exceed the lower of either five hundred dollars or
23the actual costs incurred by the financial institution. The
24unit Child support services may use the state share of funds
25collected under this chapter to pay the fees to financial
26institutions under this subsection. For state fiscal years
27beginning July 1, 1999, and July 1, 2000, the unit child
28support services may use up to one hundred percent of the
29state share of such funds. For state fiscal years beginning
30on or after July 1, 2001, the unit child support services may
31use up to fifty percent of the state share of such funds.
32Notwithstanding any other provision of law to the contrary,
33a financial institution shall have until a date provided in
34the agreement in subsection 2 to submit its claim for a fee
35under this subsection. If the unit child support services
-690-1 does not have sufficient funds available under this subsection
2for payment of fees under this subsection for conducting data
3matches or for automation program development performed in the
4fiscal year beginning July 1, 1999, the cost may be carried
5forward to the fiscal year beginning July 1, 2000. The unit
6 Child support services may also use funds from an amount
7assessed a child support agency of another state, as defined in
8section 252H.2, to conduct a data match requested by that child
9support agency as provided in 42 U.S.C. §666(a)(14) to pay fees
10to financial institutions under this subsection.
114. a. A financial institution is immune from any liability
12in any action or proceeding, whether civil or criminal, for any
13of the following:
14(1) The disclosure of any information by a financial
15institution to the unit child support services pursuant to
16this chapter or the rules or procedures adopted by the unit
17 child support services to implement this chapter, including
18disclosure of information relating to an obligor who maintains
19an account with the financial institution or disclosure of
20information relating to any other person who maintains an
21account with the financial institution that is provided for
22the purpose of complying with the data match requirements of
23this section and with the agreement entered into between the
24financial institution and the unit child support services
25 pursuant to subsection 2.
26(2) Any encumbrance or surrender of any assets held by a
27financial institution in response to a notice of lien or levy
28issued by the unit child support services.
29(3) Any action or omission in connection with good faith
30efforts to comply with this chapter or any rules or procedures
31that are adopted by the unit child support services to
32implement this chapter.
33(4) The disclosure, use, or misuse by the unit child
34support services or by any other person of information provided
35or assets delivered to the unit child support services by a
-691-1financial institution.
2b. For the purposes of this section, “financial institution”
3includes officers, directors, employees, contractors, and
4agents of the financial institution.
55. The financial institution or the unit child support
6services is not liable for the cost of any early withdrawal
7penalty of an obligor’s certificate of deposit.
8 Sec. 954. Section 252I.5, subsections 1 and 2, Code 2023,
9are amended to read as follows:
101. If an obligor is subject to this chapter under section
11252I.2, the unit child support services may initiate an
12administrative action to levy against the accounts of the
13obligor.
142. The unit Child support services may send a notice to
15the financial institution with which the account is placed,
16directing that the financial institution forward all or a
17portion of the moneys in the obligor’s account or accounts to
18the collection services center established pursuant to chapter
19252B. The notice shall be sent by regular mail, with proof of
20service completed according to rule of civil procedure 1.442.
21 Sec. 955. Section 252I.5, subsection 3, paragraph g, Code
222023, is amended to read as follows:
23g. A telephone number, and address, and contact name of the
24 for child support recovery unit contact initiating the action
25 services.
26 Sec. 956. Section 252I.6, Code 2023, is amended to read as
27follows:
28252I.6 Administrative levy — notice to support obligor.
291. The unit Child support services may administratively
30initiate an action to seize accounts of an obligor who is
31subject to this chapter under section 252I.2.
322. The unit Child support services shall notify an obligor
33subject to this chapter, and any other party known to have
34an interest in the account, of the action. The notice shall
35contain all of the following:
-692- 1a. The name of the obligor.
2b. A statement that the obligor is believed to have one or
3more accounts at the financial institution.
4c. A statement that pursuant to the provisions of this
5chapter, the obligor’s accounts are subject to seizure and the
6financial institution is authorized and required to forward
7moneys to the collection services center.
8d. The maximum amount to be forwarded by the financial
9institution, which shall not exceed the delinquent or accrued
10amount of support owed by the obligor.
11e. The prescribed time frames within which the financial
12institution must comply.
13f. A statement that any challenge to the action shall be
14in writing and shall be received by the child support recovery
15unit services within ten days of the date of the notice to the
16obligor.
17g. The address of the collection services center and the
18collection services center account number.
19h. A telephone number, and address, and contact name for
20the child support recovery unit contact initiating the action
21 services.
223. The unit Child support services shall forward the notice
23to the obligor by regular mail within two working days of
24sending the notice to the financial institution pursuant to
25section 252I.5. Proof of service shall be completed according
26to rule of civil procedure 1.442.
27 Sec. 957. Section 252I.7, subsections 1 and 2, Code 2023,
28are amended to read as follows:
291. Immediately encumber funds in all accounts in which the
30obligor has an interest to the extent of the debt indicated in
31the notice from the unit child support services.
322. No sooner than fifteen days, and no later than twenty
33days from the date the financial institution receives the
34notice under section 252I.5, unless notified by the unit child
35support services of a challenge by the obligor or an account
-693-1holder of interest, the financial institution shall forward the
2moneys encumbered to the collection services center with the
3obligor’s name and social security number, collection services
4center account number, and any other information required in
5the notice.
6 Sec. 958. Section 252I.8, Code 2023, is amended to read as
7follows:
8252I.8 Challenges to action.
91. Challenges under this chapter may be initiated only by an
10obligor or by an account holder of interest. Actions initiated
11by the unit child support services under this chapter are not
12subject to chapter 17A, and resulting court hearings following
13certification shall be an original hearing before the district
14court.
152. The person challenging the action shall submit a written
16challenge to the person identified as the contact for the unit
17in the notice child support services, within ten working days
18of the date of the notice.
193. The unit Child support services shall, upon receipt of
20a written challenge, review the facts of the case with the
21challenging party. Only a mistake of fact, including but
22not limited to, a mistake in the identity of the obligor or
23a mistake in the amount of delinquent support due shall be
24considered as a reason to dismiss or modify the proceeding.
254. If the unit child support services determines that a
26mistake of fact has occurred the unit, child support services
27 shall proceed as follows:
28a. If a mistake in identity has occurred or the obligor is
29not delinquent in an amount equal to the payment for one month,
30the unit child support services shall notify the financial
31institution that the administrative levy has been released.
32The unit Child support services shall provide a copy of the
33notice to the support obligor by regular mail.
34b. If the obligor is delinquent, but the amount of the
35delinquency is less than the amount indicated in the notice,
-694-1the unit child support services shall notify the financial
2institution of the revised amount with a copy of the notice and
3issue a copy to the obligor or forward a copy to the obligor
4by regular mail. Upon written receipt of instructions from
5the unit child support services, the financial institution
6shall release the funds in excess of the revised amount to
7the obligor and the moneys in the amount of the debt shall be
8processed according to section 252I.7.
95. If the unit child support services finds no mistake of
10fact, the unit child support services shall provide a notice
11to that effect to the challenging party by regular mail. Upon
12written request of the challenging party, the unit child
13support services shall request a hearing before the district
14court in the county in which the underlying support order is
15filed.
16a. The financial institution shall encumber moneys if the
17 child support recovery unit services notifies the financial
18institution to do so.
19b. The clerk of the district court shall schedule a hearing
20upon the request by the unit child support services for a
21time not later than ten calendar days after the filing of
22the request for hearing. The clerk shall mail copies of the
23request for hearing and the order scheduling the hearing to
24the unit child support services and to all account holders of
25interest.
26c. If the court finds that there is a mistake of identity or
27that the obligor does not owe the delinquent support, the unit
28 child support services shall notify the financial institution
29that the administrative levy has been released.
30d. If the court finds that the obligor has an interest in
31the account, and the amount of support due was incorrectly
32overstated, the unit child support services shall notify the
33financial institution to release the excess moneys to the
34obligor and remit the remaining moneys in the amount of the
35debt to the collection services center for disbursement to the
-695-1appropriate recipient.
2e. If the court finds that the obligor has an interest
3in the account, and the amount of support due is correct,
4the financial institution shall forward the moneys to the
5collection services center for disbursement to the appropriate
6recipient.
7f. If the obligor or any other party known to have an
8interest in the account fails to appear at the hearing, the
9court may find the challenging party in default, shall ratify
10the administrative levy, if valid upon its face, and shall
11enter an order directing the financial institution to release
12the moneys to the unit child support services.
13g. Issues related to visitation, custody, or other
14provisions not related to levies against accounts are not
15grounds for a hearing under this chapter.
16h. Support orders shall not be modified under a challenge
17pursuant to this section.
18i. Any findings in the challenge of an administrative
19levy related to the amount of the accruing or accrued support
20obligation do not modify the underlying support order.
21j. An order entered under this chapter for a levy against
22an account of a support obligor has priority over a levy for a
23purpose other than the support of the dependents in the court
24order being enforced.
256. The support obligor may withdraw the request for
26challenge by submitting a written withdrawal to the person
27identified as the contact for the unit child support services
28 in the notice or the unit child support services may withdraw
29the administrative levy at any time prior to the court hearing
30and provide notice of the withdrawal to the obligor and any
31account holder of interest and to the financial institution, by
32regular mail.
337. If the financial institution has forwarded moneys to
34the collection services center and has deducted a fee from the
35moneys of the account, or if any additional fees or costs are
-696-1levied against the account, and all funds are subsequently
2refunded to the account due to a mistake of fact or ruling
3of the court, the child support recovery unit services shall
4reimburse the account for any fees assessed by the financial
5institution. If the mistake of fact is a mistake in the amount
6of support due and any portion of the moneys is retained as
7support payments, however, the unit child support services is
8not required to reimburse the account for any fees or costs
9levied against the account. Additionally, for the purposes
10of reimbursement to the account for any fees or costs, each
11certificate of deposit is considered a separate account.
12 Sec. 959. Section 252J.1, Code 2023, is amended to read as
13follows:
14252J.1 Definitions.
15As used in this chapter, unless the context otherwise
16requires:
171. “Certificate of noncompliance” means a document provided
18by the child support recovery unit services certifying that
19the named individual is not in compliance with any of the
20following:
21a. A support order.
22b. A written agreement for payment of support entered into
23by the unit child support services and the obligor.
24c. A subpoena or warrant relating to a paternity or support
25proceeding.
262. “Child support services” means child support services
27created in section 252B.2.
283. “Department” means the department of health and human
29services.
302. 4. “Individual” means a parent, an obligor, or a
31putative father in a paternity or support proceeding.
323. 5. “License” means a license, certification,
33registration, permit, approval, renewal, or other similar
34authorization issued to an individual by a licensing authority
35which evidences the admission to, or granting of authority to
-697-1engage in, a profession, occupation, business, industry, or
2recreation or to operate or register a motor vehicle. “License”
3includes licenses for hunting, fishing, boating, or other
4recreational activity.
54. 6. “Licensee” means an individual to whom a license has
6been issued, or who is seeking the issuance of a license.
75. 7. “Licensing authority” means a county treasurer,
8county recorder or designated depositary, the supreme court,
9or an instrumentality, agency, board, commission, department,
10officer, organization, or any other entity of the state, which
11has authority within this state to suspend or revoke a license
12or to deny the renewal or issuance of a license authorizing an
13individual to register or operate a motor vehicle or to engage
14in a business, occupation, profession, recreation, or industry.
156. 8. “Obligor” means a natural person as defined
16in section 252G.1 who has been ordered by a court or
17administrative authority to pay support.
187. 9. “Subpoena or warrant” means a subpoena or warrant
19relating to a paternity or support proceeding initiated or
20obtained by the unit child support services or a child support
21agency as defined in section 252H.2.
228. 10. “Support” means support or support payments as
23defined in section 252D.16, whether established through court
24or administrative order.
259. 11. “Support order” means an order for support issued
26pursuant to chapter 232, 234, 252A, 252C, 252D, 252E, 252F,
27252H, 598, 600B, or any other applicable chapter, or under
28a comparable statute of another state or foreign country as
29registered with the clerk of the district court or certified to
30the child support recovery unit services.
3110. “Unit” means the child support recovery unit created in
32section 252B.2.
3311. 12. “Withdrawal of a certificate of noncompliance”
34means a document provided by the unit child support services
35 certifying that the certificate of noncompliance is withdrawn
-698-1and that the licensing authority may proceed with issuance,
2reinstatement, or renewal of an individual’s license.
3 Sec. 960. Section 252J.2, Code 2023, is amended to read as
4follows:
5252J.2 Purpose and use.
61. Notwithstanding other statutory provisions to the
7contrary, and if an individual has not been cited for contempt
8and enjoined from engaging in the activity governed by a
9license pursuant to section 598.23A, the unit child support
10services may utilize the process established in this chapter
11to collect support.
122. For cases in which services are provided by the unit
13 child support services all of the following apply:
14a. An obligor is subject to the provisions of this chapter
15if the obligor’s support obligation is being enforced by the
16unit child support services, if the support payments required
17by a support order to be paid to the clerk of the district
18court or the collection services center pursuant to section
19598.22 are not paid and become delinquent in an amount equal
20to the support payment for three months, and if the obligor’s
21situation meets other criteria specified under rules adopted by
22the department pursuant to chapter 17A.The criteria specified
23by rule shall include consideration of the length of time since
24the obligor’s last support payment and the total amount of
25support owed by the obligor.
26b. An individual is subject to the provisions of this
27chapter if the individual has failed, after receiving
28appropriate notice, to comply with a subpoena or warrant.
293. Actions initiated by the unit child support services
30 under this chapter shall not be subject to contested case
31proceedings or further review pursuant to chapter 17A and any
32resulting court hearing shall be an original hearing before the
33district court.
344. Notwithstanding chapter 22, all of the following apply:
35a. Information obtained by the unit child support services
-699-1 under this chapter shall be used solely for the purposes of
2this chapter or chapter 252B.
3b. Information obtained by a licensing authority shall be
4used solely for the purposes of this chapter.
5 Sec. 961. Section 252J.3, Code 2023, is amended to read as
6follows:
7252J.3 Notice to individual of potential sanction of license.
8The unit Child support services shall proceed in accordance
9with this chapter only if the unit child support services sends
10a notice to the individual by regular mail to the last known
11address of the individual. The notice shall include all of the
12following:
131. The address and telephone number of the unit child
14support services and the unit the child support services’ case
15number.
162. A statement that the obligor is not in compliance with
17a support order or the individual has not complied with a
18subpoena or warrant.
193. A statement that the individual may request a conference
20with the unit child support services to contest the action.
214. A statement that if, within twenty days of mailing of
22the notice to the individual, the individual fails to contact
23the unit child support services to schedule a conference,
24the unit child support services shall issue a certificate of
25noncompliance, bearing the individual’s name, social security
26number and unit the child support services’ case number, to any
27appropriate licensing authority, certifying that the obligor is
28not in compliance with a support order or an individual has not
29complied with a subpoena or warrant.
305. A statement that in order to stay the issuance of a
31certificate of noncompliance the request for a conference shall
32be in writing and shall be received by the unit child support
33services within twenty days of mailing of the notice to the
34individual.
356. The names of the licensing authorities to which the
-700-1unit child support services intends to issue a certificate of
2noncompliance.
37. A statement that if the unit child support services
4 issues a certificate of noncompliance to an appropriate
5licensing authority, the licensing authority shall initiate
6proceedings to refuse to issue or renew, or to suspend or
7revoke the individual’s license, unless the unit child support
8services provides the licensing authority with a withdrawal of
9a certificate of noncompliance.
10 Sec. 962. Section 252J.4, Code 2023, is amended to read as
11follows:
12252J.4 Conference.
131. The individual may schedule a conference with the unit
14 child support services following mailing of the notice pursuant
15to section 252J.3, or at any time after service of notice of
16suspension, revocation, denial of issuance, or nonrenewal of
17a license from a licensing authority, to challenge the unit’s
18 child support services’ actions under this chapter.
192. The request for a conference shall be made to the unit
20 child support services, in writing, and, if requested after
21mailing of the notice pursuant to section 252J.3, shall be
22received by the unit child support services within twenty days
23following mailing of the notice.
243. The unit Child support services shall notify the
25individual of the date, time, and location of the conference by
26regular mail, with the date of the conference to be no earlier
27than ten days following issuance of notice of the conference
28by the unit child support services, unless the individual and
29the unit child support services agree to an earlier date which
30may be the same date the individual requests the conference.
31If the individual fails to appear at the conference, the
32unit child support services shall issue a certificate of
33noncompliance.
344. Following the conference, the unit child support
35services shall issue a certificate of noncompliance unless any
-701-1of the following applies:
2a. The unit Child support services finds a mistake in the
3identity of the individual.
4b. The unit Child support services finds a mistake in
5determining that the amount of delinquent support is equal to
6or greater than three months.
7c. The obligor enters a written agreement with the unit
8 child support services to comply with a support order, the
9obligor complies with an existing written agreement to comply
10with a support order, or the obligor pays the total amount of
11delinquent support due.
12d. Issuance of a certificate of noncompliance is not
13appropriate under other criteria established in accordance with
14rules adopted by the department pursuant to chapter 17A.
15e. The unit Child support services finds a mistake in
16determining the compliance of the individual with a subpoena
17or warrant.
18f. The individual complies with a subpoena or warrant.
195. The unit Child support services shall grant the
20individual a stay of the issuance of a certificate of
21noncompliance upon receiving a timely written request
22for a conference, and if a certificate of noncompliance
23has previously been issued, shall issue a withdrawal of a
24certificate of noncompliance if the obligor enters into a
25written agreement with the unit child support services to
26comply with a support order or if the individual complies with
27a subpoena or warrant.
286. If the individual does not timely request a conference
29or does not comply with a subpoena or warrant or if the
30obligor does not pay the total amount of delinquent support
31owed within twenty days of mailing of the notice pursuant to
32section 252J.3, the unit child support services shall issue a
33certificate of noncompliance.
34 Sec. 963. Section 252J.5, Code 2023, is amended to read as
35follows:
-702- 1252J.5 Written agreement.
21. If an obligor is subject to this chapter as established
3in section 252J.2, subsection 2, paragraph “a”, the obligor
4and the unit child support services may enter into a written
5agreement for payment of support and compliance which takes
6into consideration the obligor’s ability to pay and other
7criteria established by rule of the department. The written
8agreement shall include all of the following:
9a. The method, amount, and dates of support payments by the
10obligor.
11b. A statement that upon breach of the written agreement
12by the obligor, the unit child support services shall issue
13a certificate of noncompliance to any appropriate licensing
14authority.
152. A written agreement entered into pursuant to this section
16does not preclude any other remedy provided by law and shall
17not modify or affect an existing support order.
183. Following issuance of a certificate of noncompliance,
19if the obligor enters into a written agreement with the unit
20 child support services, the unit child support services shall
21issue a withdrawal of the certificate of noncompliance to any
22appropriate licensing authority and shall forward a copy of the
23withdrawal by regular mail to the obligor.
24 Sec. 964. Section 252J.6, Code 2023, is amended to read as
25follows:
26252J.6 Decision of the unit child support services.
271. If an obligor is not in compliance with a support order
28or the individual is not in compliance with a subpoena or
29warrant pursuant to section 252J.2, the unit child support
30services mails a notice to the individual pursuant to section
31252J.3, and the individual requests a conference pursuant to
32section 252J.4, the unit child support services shall issue a
33written decision if any of the following conditions exists:
34a. The individual fails to appear at a scheduled conference
35under section 252J.4.
-703- 1b. A conference is held under section 252J.4.
2c. The obligor fails to comply with a written agreement
3entered into by the obligor and the unit child support services
4 under section 252J.5.
52. The unit Child support services shall send a copy of
6the written decision to the individual by regular mail at the
7individual’s most recent address of record. If the decision
8is made to issue a certificate of noncompliance or to withdraw
9the certificate of noncompliance, a copy of the certificate
10of noncompliance or of the withdrawal of the certificate of
11noncompliance shall be attached to the written decision. The
12written decision shall state all of the following:
13a. That the certificate of noncompliance or withdrawal
14of the certificate of noncompliance has been provided to the
15licensing authorities named in the notice provided pursuant to
16section 252J.3.
17b. That upon receipt of a certificate of noncompliance,
18the licensing authority shall initiate proceedings to suspend,
19revoke, deny issuance, or deny renewal of a license, unless
20the licensing authority is provided with a withdrawal of a
21certificate of noncompliance from the unit child support
22services.
23c. That in order to obtain a withdrawal of a certificate of
24noncompliance from the unit child support services, the obligor
25shall enter into a written agreement with the unit child
26support services, comply with an existing written agreement
27with the unit child support services, or pay the total amount
28of delinquent support owed or the individual shall comply with
29a subpoena or warrant.
30d. That if the unit child support services issues a written
31decision which includes a certificate of noncompliance, that
32 all of the following apply:
33(1) The individual may request a hearing as provided in
34section 252J.9, before the district court as follows:
35(a) If the action is a result of section 252J.2, subsection
-704-12, paragraph “a”, in the county in which the underlying support
2order is filed, by filing a written application to the court
3challenging the issuance of the certificate of noncompliance
4by the unit child support services and sending a copy of the
5application to the unit child support services within the time
6period specified in section 252J.9.
7(b) If the action is a result of section 252J.2, subsection
82, paragraph “b”, and the individual is not an obligor, in the
9county in which the dependent child or children reside if the
10child or children reside in Iowa; in the county in which the
11dependent child or children last received public assistance if
12the child or children received public assistance in Iowa; or
13in the county in which the individual resides if the action is
14the result of a request from a child support agency in another
15state or foreign country.
16(2) The individual may retain an attorney at the
17individual’s own expense to represent the individual at the
18hearing.
19(3) The scope of review of the district court shall be
20limited to demonstration of a mistake of fact related to the
21delinquency of the obligor or the compliance of the individual
22with a subpoena or warrant.
233. If the unit child support services issues a certificate
24of noncompliance, the unit child support services shall only
25issue a withdrawal of the certificate of noncompliance if any
26of the following applies:
27a. The unit Child support services or the court finds a
28mistake in the identity of the individual.
29b. The unit Child support services finds a mistake in
30determining compliance with a subpoena or warrant.
31c. The unit Child support services or the court finds a
32mistake in determining that the amount of delinquent support
33due is equal to or greater than three months.
34d. The obligor enters a written agreement with the unit
35 child support services to comply with a support order, the
-705-1obligor complies with an existing written agreement to comply
2with a support order, or the obligor pays the total amount of
3delinquent support owed.
4e. The individual complies with the subpoena or warrant.
5f. Issuance of a withdrawal of the certificate of
6noncompliance is appropriate under other criteria in accordance
7with rules adopted by the department pursuant to chapter 17A.
8 Sec. 965. Section 252J.7, subsection 1, Code 2023, is
9amended to read as follows:
101. If the individual fails to respond to the notice of
11potential license sanction provided pursuant to section 252J.3
12or the unit child support services issues a written decision
13under section 252J.6 which states that the individual is not
14in compliance, the unit child support services shall issue
15a certificate of noncompliance to any appropriate licensing
16authority.
17 Sec. 966. Section 252J.8, subsection 2, Code 2023, is
18amended to read as follows:
192. In addition to other grounds for suspension, revocation,
20or denial of issuance or renewal of a license, a licensing
21authority shall include in rules adopted by the licensing
22authority as grounds for suspension, revocation, or denial of
23issuance or renewal of a license, the receipt of a certificate
24of noncompliance from the unit child support services.
25 Sec. 967. Section 252J.8, subsection 4, paragraph c,
26subparagraphs (1), (2), and (3), Code 2023, are amended to read
27as follows:
28(1) The licensing authority intends to suspend, revoke, or
29deny issuance or renewal of an individual’s license due to the
30receipt of a certificate of noncompliance from the unit child
31support services.
32(2) The individual must contact the unit child support
33services to schedule a conference or to otherwise obtain a
34withdrawal of a certificate of noncompliance.
35(3) Unless the unit child support services furnishes a
-706-1withdrawal of a certificate of noncompliance to the licensing
2authority within thirty days of the issuance of the notice
3under this section, the individual’s license will be revoked,
4suspended, or denied.
5 Sec. 968. Section 252J.8, subsection 5, Code 2023, is
6amended to read as follows:
75. If the licensing authority receives a withdrawal of
8a certificate of noncompliance from the unit child support
9services, the licensing authority shall immediately reinstate,
10renew, or issue a license if the individual is otherwise in
11compliance with licensing requirements established by the
12licensing authority.
13 Sec. 969. Section 252J.9, subsection 1, unnumbered
14paragraph 1, Code 2023, is amended to read as follows:
15Following the issuance of a written decision by the unit
16 child support services under section 252J.6 which includes
17the issuance of a certificate of noncompliance, or following
18provision of notice to the individual by a licensing authority
19pursuant to section 252J.8, an individual may seek review of
20the decision and request a hearing before the district court
21as follows:
22 Sec. 970. Section 252J.9, subsection 1, paragraph a, Code
232023, is amended to read as follows:
24a. 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 an application with the district
27court, and sending a copy of the application to the unit by
28regular mail child support services.
29 Sec. 971. Section 252J.9, subsections 2 and 6, Code 2023,
30are amended to read as follows:
312. An application shall be filed to seek review of the
32decision by the unit child support services or following
33issuance of notice by the licensing authority no later than
34within thirty days after the issuance of the notice pursuant to
35section 252J.8. The clerk of the district court shall schedule
-707-1a hearing and mail a copy of the order scheduling the hearing
2to the individual and the unit child support services and shall
3also mail a copy of the order to the licensing authority, if
4applicable. The unit Child support services shall certify a
5copy of its written decision and certificate of noncompliance,
6indicating the date of issuance, and the licensing authority
7shall certify a copy of a notice issued pursuant to section
8252J.8, to the court prior to the hearing.
96. If the court finds that the unit child support services
10 was in error in issuing a certificate of noncompliance,
11or in failing to issue a withdrawal of a certificate of
12noncompliance, the unit child support services shall issue a
13withdrawal of a certificate of noncompliance to the appropriate
14licensing authority.
15 Sec. 972. Section 252K.103, Code 2023, is amended to read
16as follows:
17252K.103 State tribunal and support enforcement agency.
181. The child Child support recovery unit services when
19the unit child support services establishes or modifies an
20order, upon ratification by the court, and the court, are the
21tribunals of this state.
222. The child Child support recovery unit services created in
23section 252B.2 is the support enforcement agency of this state.
24 Sec. 973. Section 252K.201, subsection 1, paragraph g, Code
252023, is amended to read as follows:
26g. The individual asserted parentage of a child in the
27declaration of paternity registry maintained in this state
28by the Iowa department of public health and human services
29 pursuant to section 144.12A or established paternity by
30affidavit under section 252A.3A.
31 Sec. 974. Section 252K.310, subsection 1, Code 2023, is
32amended to read as follows:
331. The child Child support recovery unit services is the
34state information agency under this chapter.
35 Sec. 975. Section 252K.319, subsection 2, unnumbered
-708-1paragraph 1, Code 2023, is amended to read as follows:
2If neither the obligor, nor the obligee who is an individual,
3nor the child resides in this state, upon request from the
4support enforcement agency of this state or another state, the
5 child support recovery unit services or a tribunal of this
6state shall:
7 Sec. 976. Section 252K.703, Code 2023, is amended to read
8as follows:
9252K.703 Relationship of child support recovery unit services
10 to United States central authority.
11The child Child support recovery unit services of this state
12is recognized as the agency designated by the United States
13central authority to perform specific functions under the
14convention.
15 Sec. 977. Section 252K.704, Code 2023, is amended to read
16as follows:
17252K.704 Initiation by child support recovery unit services
18 of support proceeding under convention.
191. In a support proceeding under this article, the child
20support recovery unit services of this state shall:
21a. Transmit and receive applications.
22b. Initiate or facilitate the institution of a proceeding
23regarding an application in a tribunal of this state.
242. The following support proceedings are available to an
25obligee under the convention:
26a. Recognition or recognition and enforcement of a foreign
27support order.
28b. Enforcement of a support order issued or recognized in
29this state.
30c. Establishment of a support order if there is no existing
31order, including, if necessary, determination of parentage of a
32child.
33d. Establishment of a support order if recognition of
34a foreign support order is refused under section 252K.708,
35subsection 2, paragraph “b”, “d”, or “i”.
-709- 1e. Modification of a support order of a tribunal of this
2state.
3f. Modification of a support order of a tribunal of another
4state or a foreign country.
53. The following support proceedings are available under
6the convention to an obligor against which there is an existing
7support order:
8a. Recognition of an order suspending or limiting
9enforcement of an existing support order of a tribunal of this
10state.
11b. Modification of a support order of a tribunal of this
12state.
13c. Modification of a support order of a tribunal of another
14state or a foreign country.
154. A tribunal of this state may not require security, bond,
16or deposit, however described, to guarantee the payment of
17costs and expenses in proceedings under the convention.
18 Sec. 978. Section 252K.705, subsection 4, Code 2023, is
19amended to read as follows:
204. A petitioner filing a direct request is not entitled to
21assistance from the child support recovery unit services.
22 Sec. 979. Section 252K.708, subsection 3, paragraph b, Code
232023, is amended to read as follows:
24b. The child Child support recovery unit services shall take
25all appropriate measures to request a child support order for
26the obligee if the application for recognition and enforcement
27was received under section 252K.704.
28 Sec. 980. Section 256.1, subsection 1, paragraph e, Code
292023, is amended to read as follows:
30e. Educational supervision over the elementary and secondary
31schools under the control of an administrator of a division of
32 the department of health and human services.
33 Sec. 981. Section 256.9, subsection 15, Code 2023, is
34amended to read as follows:
3515. Provide the same educational supervision for the
-710-1schools maintained by the director of health and human services
2as is provided for the public schools of the state and make
3recommendations to the director of health and human services
4for the improvement of the educational program in those
5institutions.
6 Sec. 982. Section 256.9, subsection 31, paragraph b, Code
72023, is amended to read as follows:
8b. Standards and materials developed shall include materials
9which employ developmentally appropriate practices and
10incorporate substantial parental involvement. The materials
11and standards shall include alternative teaching approaches
12including collaborative teaching and alternative dispute
13resolution training. The department shall consult with the
14child development coordinating council, the state child care
15advisory committee established pursuant to section 135.173A,
16the department of health and human services, the state board
17of regents center for early developmental education, the
18area education agencies, the department of human development
19and family studies in the college of human sciences at
20Iowa state university of science and technology, the early
21childhood elementary division of the college of education at
22the university of Iowa, and the college of education at the
23university of northern Iowa, in developing these standards and
24materials.
25 Sec. 983. Section 256.9, subsection 46, paragraph a, Code
262023, is amended to read as follows:
27a. Develop and make available to school districts, examples
28of age-appropriate and research-based materials and lists
29of resources which parents may use to teach their children
30to recognize unwanted physical and verbal sexual advances,
31to not make unwanted physical and verbal sexual advances,
32to effectively reject unwanted sexual advances, that it is
33wrong to take advantage of or exploit another person, about
34the dangers of sexual exploitation by means of the internet
35including specific strategies to help students protect
-711-1themselves and their personally identifiable information
2from such exploitation, and about counseling, medical, and
3legal resources available to survivors of sexual abuse and
4sexual assault, including resources for escaping violent
5relationships. The materials and resources shall cover verbal,
6physical, and visual sexual harassment, including nonconsensual
7sexual advances, and nonconsensual physical sexual contact. In
8developing the materials and resource list, the director shall
9consult with entities that shall include but not be limited to
10the departments of health and human services, public health,
11 and public safety, education stakeholders, and parent-teacher
12organizations. School districts shall provide age-appropriate
13and research-based materials and a list of available community
14and internet-based resources to parents at registration and
15shall also include the age-appropriate and research-based
16materials and resource list in the student handbook. School
17districts are encouraged to work with their communities to
18provide voluntary parent education sessions to provide parents
19with the skills and appropriate strategies to teach their
20children as described in this subsection. School districts
21shall incorporate the age-appropriate and research-based
22materials into relevant curricula and shall reinforce the
23importance of preventive measures when reasonable with parents
24and students.
25 Sec. 984. Section 256.9, subsection 50, unnumbered
26paragraph 1, Code 2023, is amended to read as follows:
27Convene, in collaboration with the department of public
28 health and human services, a nutrition advisory panel to
29review research in pediatric nutrition conducted in compliance
30with accepted scientific methods by recognized professional
31organizations and agencies including but not limited to the
32institute of medicine. The advisory panel shall submit its
33findings and recommendations, which shall be consistent with
34the dietary guidelines for Americans published jointly by the
35United States department of health and human services and
-712-1department of agriculture if in the judgment of the advisory
2panel the guidelines are supported by the research findings, in
3a report to the state board. The advisory panel may submit to
4the state board recommendations on standards related to federal
5school food programs if the recommendations are intended to
6exceed the existing federal guidelines. The state board
7shall consider the advisory panel report when establishing or
8amending the nutritional content standards required pursuant
9to section 256.7, subsection 29. The director shall convene
10the advisory panel by July 1, 2008, and every five years
11thereafter to review the report and make recommendations for
12changes as appropriate. The advisory panel shall include
13but is not limited to at least one Iowa state university
14extension nutrition and health field specialist and at least
15one representative from each of the following:
16 Sec. 985. Section 256.11, subsection 5, paragraph j,
17subparagraph (1), Code 2023, is amended to read as follows:
18(1) One unit of health education which shall include
19personal health; food and nutrition; environmental health;
20safety and survival skills; consumer health; family life;
21age-appropriate and research-based human growth and
22development; substance abuse use disorder and nonuse; emotional
23and social health; health resources; and prevention and control
24of disease, including age-appropriate and research-based
25information regarding sexually transmitted diseases, including
26HPV and the availability of a vaccine to prevent HPV, and
27acquired immune deficiency syndrome.
28 Sec. 986. Section 256.16, subsection 1, paragraphs b and l,
29Code 2023, are amended to read as follows:
30b. Include in the professional education program,
31preparation that contributes to the education of students
32with disabilities and students who are gifted and talented,
33preparation in developing and implementing individualized
34education programs and behavioral intervention plans,
35preparation for educating individuals in the least restrictive
-713-1environment and identifying that environment, strategies that
2address difficult and violent student behavior and improve
3academic engagement and achievement, and preparation in
4classroom management addressing high-risk behaviors including
5but not limited to behaviors related to substance abuse use
6disorder. Preparation required under this paragraph must be
7successfully completed before graduation from the practitioner
8preparation program.
9l. If the rules adopted by the board of educational
10examiners for issuance of any type or class of license require
11an applicant to complete work in student teaching, pre-student
12teaching experiences, field experiences, practicums, clinicals,
13or internships, enter into a written contract with any school
14district, accredited nonpublic school, preschool registered or
15licensed by the department of health and human services, or
16area education agency in Iowa, to provide for such work under
17terms and conditions as agreed upon by the contracting parties.
18The terms and conditions of a written contract entered into
19with a preschool pursuant to this paragraph shall require
20that a student teacher be under the direct supervision of an
21appropriately licensed cooperating teacher who is employed
22to teach at the preschool. Students actually teaching or
23engaged in preservice licensure activities in a school district
24under the terms of such a contract are entitled to the same
25protection under section 670.8 as is afforded by that section
26to officers and employees of the school district, during the
27time such students are so assigned.
28 Sec. 987. Section 256.35A, subsection 2, paragraph b, Code
292023, is amended to read as follows:
30b. In addition, representatives of the department of
31education, the division of vocational rehabilitation of the
32department of education workforce development, the department
33of public health, the department of health and human services,
34the Iowa developmental disabilities council, the division
35of insurance of the department of commerce, and the state
-714-1board of regents shall serve as ex officio members of the
2advisory council. Ex officio members shall work together in
3a collaborative manner to serve as a resource to the advisory
4council. The council may also form workgroups as necessary
5to address specific issues within the technical purview of
6individual members.
7 Sec. 988. Section 256.39, subsection 5, Code 2023, is
8amended to read as follows:
95. In developing career pathways program efforts, each
10consortium shall make every effort to cooperate with the
11juvenile courts, the economic development authority, the
12department of workforce development, the department of health
13and human services, and the new Iowa schools development
14corporation.
15 Sec. 989. Section 256.46, subsection 1, paragraph g, Code
162023, is amended to read as follows:
17g. The child is a participant in a substance abuse use
18disorder or mental health program.
19 Sec. 990. Section 256A.2, Code 2023, is amended to read as
20follows:
21256A.2 Child development coordinating council established.
221. A child development coordinating council is established
23to promote the provision of child development services to
24at-risk three-year-old and four-year-old children. The council
25shall consist of the following members:
26a. The administrator of the division of adult, children
27and family services of the department of human services or the
28administrator’s designee.
29b. a. The director of the department of education or the
30director’s designee.
31c. b. The director of health and human services or the
32director’s designee.
33d. The director of the department of public health or the
34director’s designee.
35e. c. An early childhood specialist of an area education
-715-1agency selected by the area education agency administrators.
2f. d. The dean of the college of human sciences at Iowa
3state university of science and technology or the dean’s
4designee.
5g. e. The dean of the college of education from the
6university of northern Iowa or the dean’s designee.
7h. f. The professor and head of the department of
8pediatrics at the university of Iowa or the professor’s
9designee.
10i. g. A resident of this state who is a parent of a child
11who is or has been served by a federal head start program.
122. Staff assistance for the council shall be provided by
13the department of education. Members of the council shall be
14reimbursed for actual and necessary expenses incurred while
15engaged in their official duties and shall receive per diem
16compensation at the level authorized under section 7E.6,
17subsection 1, paragraph “a”.
18 Sec. 991. Section 256B.2, subsection 2, paragraph c, Code
192023, is amended to read as follows:
20c. For those children who cannot adapt to the regular
21educational or home living conditions, and who are attending
22facilities under chapters 263, 269, and 270, upon the request
23of the board of directors of an area education agency,
24the department of health and human services shall provide
25residential or detention facilities and the area education
26agency shall provide special education programs and services.
27The area education agencies shall cooperate with the board of
28regents to provide the services required by this chapter.
29 Sec. 992. Section 256B.3, subsection 9, Code 2023, is
30amended to read as follows:
319. To cooperate with existing agencies such as the
32department of health and human services, the Iowa department of
33public health, the Iowa school for the deaf, the Iowa braille
34and sight saving school, the children’s hospitals, or other
35agencies concerned with the welfare and health of children
-716-1requiring special education in the coordination of their
2educational activities for such children.
3 Sec. 993. Section 256B.5, Code 2023, is amended to read as
4follows:
5256B.5 Information available upon request by bureau.
6The Iowa department of public health and human services
7 shall furnish to the state bureau of special education
8upon request information obtained from birth certificates
9relative to the name, address, and disability of any case of
10developmental disability. The state child health specialty
11clinics of the university of Iowa shall upon request furnish to
12the state bureau of special education the name, address, and
13disability of all children of their register.
14 Sec. 994. Section 256B.10, subsection 1, paragraph a, Code
152023, is amended to read as follows:
16a. The department of education shall work with the state
17school for the deaf, the area education agencies, school
18districts, and the early hearing detection and intervention
19program in the Iowa department of public health and human
20services for purposes of coordinating, developing, and
21disseminating resources for use by parents or guardians, early
22hearing detection and intervention programs, the state school
23for the deaf, area education agencies, school districts, and
24accredited nonpublic schools to inform deaf and hard-of-hearing
25children’s expressive and receptive language acquisition or
26development.
27 Sec. 995. Section 256B.10, subsection 3, unnumbered
28paragraph 1, Code 2023, is amended to read as follows:
29The department of education, in consultation with the state
30school for the deaf, the area education agencies, school
31districts, and the early hearing detection and intervention
32program in the Iowa department of public health and human
33services, shall select existing tools or assessments that may
34be used by qualified educators to assess American sign language
35and English language and literacy development of deaf and
-717-1hard-of-hearing children from birth through age eight.
2 Sec. 996. Section 256B.10, subsection 5, paragraph b, Code
32023, is amended to read as follows:
4b. The department of education shall work with the early
5hearing detection and intervention program in the Iowa
6 department of public health and human services, the state
7school for the deaf, and the area education agencies when
8developing the guidelines. The department of education,
9in consultation with the Iowa school for the deaf, shall
10administer the family support mentoring program for deaf or
11hard-of-hearing children.
12 Sec. 997. Section 256B.10, subsection 5, paragraph d,
13subparagraph (5), Code 2023, is amended to read as follows:
14(5) Reach out to parents of children identified through
15the early hearing detection and intervention program in the
16Iowa department of public health and human services and share
17information about the family support mentoring program services
18available to such parents.
19 Sec. 998. Section 256B.10, subsection 5, paragraph e, Code
202023, is amended to read as follows:
21e. The department of education shall coordinate family
22support mentoring activities with the early hearing detection
23and intervention program in the Iowa department of public
24 health and human services, the state school for the deaf, the
25area education agencies, and nonprofit organizations that
26provide family support mentoring to parents with deaf or
27hard-of-hearing children.
28 Sec. 999. Section 256B.15, subsections 7, 9, and 10, Code
292023, are amended to read as follows:
307. The area education agencies shall transfer to the
31department of health and human services an amount equal to
32the nonfederal share of the payments to be received from the
33medical assistance program pursuant to chapter 249A. The
34nonfederal share amount shall be transferred to the medical
35assistance account prior to claims payment. This requirement
-718-1does not apply to medical assistance reimbursement for
2services provided by an area education agency under part C
3of the federal Individuals With Disabilities Education Act.
4Funds received under this section shall not be considered or
5included as part of the area education agencies’ budgets when
6calculating funds that are to be received by area education
7agencies during a fiscal year.
89. The department of education and the department of health
9and human services shall adopt rules to implement this section.
1010. The department of health and human services shall offer
11assistance to the area education agencies in the identification
12of children eligible for reimbursement for services under this
13section.
14 Sec. 1000. Section 256I.1, Code 2023, is amended to read as
15follows:
16256I.1 Definitions.
17For the purposes of this chapter, unless the context
18otherwise requires:
191. “Department” means the department of management health
20and human services.
212. “Desired results” means the set of desired results for
22improving the quality of life in this state for young children
23and their families identified in section 256I.2.
243. “Early care”, “early care services”, or “early care
25system” means the programs, services, support, or other
26assistance made available to a parent or other person who is
27involved with addressing the health and education needs of a
28child from zero through age five. “Early care”, “early care
29services”, or “early care system” includes but is not limited to
30public and private efforts and formal and informal settings.
314. “Early childhood Iowa area” means a geographic area
32designated in accordance with this chapter.
335. “Early childhood Iowa area board” or “area board”
34means the board for an early childhood Iowa area created in
35accordance with this chapter.
-719- 16. “Early childhood Iowa program” or “program” means the
2early childhood Iowa program established in section 256I.5.
36. 7. “Early childhood Iowa state board” or “state board”
4means the early childhood Iowa state board created in section
5256I.3.
6 Sec. 1001. Section 256I.3, subsection 2, paragraph a, Code
72023, is amended to read as follows:
8a. The board shall consist of twenty-one nineteen voting
9members with fifteen citizen members and six four state agency
10members. The six state agency members shall be the directors
11or their designees of the following agencies: economic
12development authority, education, human rights, health and
13 human services, public health, and workforce development.
14The designees of state agency directors shall be selected on
15an annual basis. The citizen members shall be appointed by
16the governor, subject to confirmation by the senate. The
17governor’s appointments of citizen members shall be made in
18a manner so that each of the state’s congressional districts
19is represented by at least two citizen members and so that
20all the appointments as a whole reflect the ethnic, cultural,
21social, and economic diversity of the state. A member of the
22state board shall not be a provider of services or other entity
23receiving funding through the early childhood Iowa initiative
24or be employed by such a provider or other entity.
25 Sec. 1002. Section 256I.4, subsection 15, Code 2023, is
26amended to read as follows:
2715. Work with the early childhood Iowa office program
28 in building public-private partnerships for promoting the
29collaborative early care, education, health, and human services
30system.
31 Sec. 1003. Section 256I.5, subsection 2, Code 2023, is
32amended to read as follows:
332. An early childhood Iowa office program is established
34in the department to provide leadership for facilitation,
35communication, and coordination for the early childhood Iowa
-720-1initiative activities and funding and for improvement of the
2early care, education, health, and human services systems. An
3administrator for the early childhood Iowa office program shall
4be appointed by the director of the department. Other staff
5may also be designated, subject to appropriation made for this
6purpose.
7 Sec. 1004. Section 256I.5, subsection 4, Code 2023, is
8amended to read as follows:
94. The office program shall work with the state and
10area boards to provide leadership for comprehensive system
11development. The office program shall also do all of the
12following:
13a. Enter into memoranda of agreement with the departments
14of education, human rights, human services, public health, and
15workforce development and the economic development authority to
16formalize the commitments of the respective departments and the
17authority to collaborating with and integrating a comprehensive
18early care, education, health, and human services system.
19Items addressed in the memoranda shall include but are not
20limited to data sharing and providing staffing to the technical
21assistance team.
22b. Work with private businesses, foundations, and nonprofit
23organizations to develop sustained funding.
24c. Maintain the internet site in accordance with section
25256I.10.
26d. Propose any needed revisions to administrative rules
27based on stakeholder input.
28e. Provide technical support to the state and area boards
29and to the early childhood Iowa areas through staffing services
30made available through the state agencies that serve on the
31state board.
32f. Develop, collect, disseminate, and provide guidance for
33common performance measures for the programs receiving funding
34under the auspices of the area boards.
35g. If a disagreement arises within an early childhood Iowa
-721-1area regarding the interests represented on the area’s board,
2board decisions, or other disputes that cannot be locally
3resolved, upon request, provide state or regional technical
4assistance as deemed appropriate by the office program to
5assist the area in resolving the disagreement.
6 Sec. 1005. Section 256I.11, subsection 2, unnumbered
7paragraph 1, Code 2023, is amended to read as follows:
8A school ready children grants account is created in the
9fund under the authority of the director of the department of
10education. Moneys credited to the account are appropriated
11to and shall be distributed by the department of education in
12the form of grants to early childhood Iowa areas pursuant to
13criteria established by the state board in accordance with law.
14 Sec. 1006. Section 256I.11, subsection 4, paragraphs a, b,
15and c, Code 2023, are amended to read as follows:
16a. An early childhood programs grant account is created in
17the fund under the authority of the director of the department
18of human services. Moneys credited to the account are
19appropriated to and shall be distributed by the department of
20human services in the form of grants to early childhood Iowa
21areas pursuant to criteria established by the state board in
22accordance with law. The criteria shall include but are not
23limited to a requirement that an early childhood Iowa area must
24be designated by the state board in order to be eligible to
25receive an early childhood programs grant.
26b. An early childhood Iowa area receiving funding from
27the early childhood programs grant account shall comply with
28any federal reporting requirements associated with the use
29of that funding and other results and reporting requirements
30established by the state board. The department of human
31services shall provide technical assistance in identifying and
32meeting the federal requirements. The availability of funding
33provided from the account is subject to changes in federal
34requirements and amendments to Iowa law.
35c. The moneys distributed from the early childhood programs
-722-1grant account shall be used by early childhood Iowa areas
2for the purposes of enhancing quality child care capacity in
3support of parent capability to obtain or retain employment.
4The moneys shall be used with a primary emphasis on low-income
5families and children from zero to age five. Moneys shall be
6provided in a flexible manner and shall be used to implement
7strategies identified by the early childhood Iowa area to
8achieve such purposes. The department of human services may
9use a portion of the funding appropriated to the department
10under this subsection for provision of technical assistance and
11other support to the early childhood Iowa areas developing and
12implementing strategies with grant moneys distributed from the
13account.
14 Sec. 1007. Section 256I.11, subsection 5, Code 2023, is
15amended to read as follows:
165. A first years first account is created in the fund under
17the authority of the department of management. The account
18shall consist of gift or grant moneys obtained from any source,
19including but not limited to the federal government. Moneys
20credited to the account are appropriated to the department to
21be used for the early childhood-related purposes for which the
22moneys were received.
23 Sec. 1008. Section 256I.12, subsections 6 and 7, Code 2023,
24are amended to read as follows:
256. Steering committee. The early childhood stakeholders
26alliance shall operate with a steering committee to organize,
27manage, and coordinate the activities of the alliance and its
28component groups. The steering committee may act on behalf of
29the alliance as necessary. The steering committee membership
30shall consist of the co-chairpersons of the alliance’s
31component groups, the administrator of the early childhood Iowa
32office program, and other leaders designated by the alliance.
337. Component groups. The early childhood stakeholders
34alliance shall maintain component groups to address the
35key components of the Iowa early childhood system. Each
-723-1component group shall have one private and one public agency
2co-chairperson. The alliance may change the component groups
3as deemed necessary by the alliance. Initially, there shall
4be a component group for each of the following: The component
5groups shall implement the strategic plan created pursuant to
6section 256I.4.
7a. Governance planning and administration.
8b. Professional development.
9c. Public engagement.
10d. Quality services and programs.
11e. Resources and funding.
12f. Results accountability.
13 Sec. 1009. Section 256I.13, subsection 1, Code 2023, is
14amended to read as follows:
151. In order to implement the legislative intent stated in
16sections 135.106 and 256I.9, that priority for family support
17program funding be given to programs using evidence-based or
18promising models for family support, it is the intent of the
19general assembly that by July 1, 2016, ninety percent of state
20funds expended for family support programs shall be used for
21evidence-based or promising program models. The remaining ten
22percent of funds may be used for innovative program models that
23do not yet meet the definition of evidence-based or promising
24programs.
25 Sec. 1010. Section 256I.13, subsection 3, paragraphs b and
26e, Code 2023, are amended to read as follows:
27b. The data on families served that is collected by the
28family support programs funded through the early childhood
29Iowa initiative shall include but is not limited to basic
30demographic information, services received, funding utilized,
31and program outcomes for the children and families served. The
32state board shall adopt performance benchmarks for the family
33support programs and shall revise the Iowa family support
34credential to incorporate the performance benchmarks on or
35before January 1, 2014.
-724- 1e. The state board shall develop a plan to implement a
2coordinated intake and referral process for publicly funded
3family support programs in order to engage the families
4expecting a child or with newborn and infant children through
5age five in all communities in the state by July 1, 2015.
6 Sec. 1011. Section 257.11, subsection 4, paragraph e,
7subparagraphs (2) and (3), Code 2023, are amended to read as
8follows:
9(2) The pupil is not in a court-ordered placement under
10chapter 232 under the care and custody of the department of
11health and human services or juvenile court services.
12(3) The pupil is not in the state training school pursuant
13to a court order entered under chapter 232 under the care and
14custody of the department of health and human services.
15 Sec. 1012. Section 257.41, subsection 4, paragraphs b and c,
16Code 2023, are amended to read as follows:
17b. The student is not in a court-ordered placement under
18chapter 232 under the care and custody of the department of
19health and human services or juvenile court services.
20c. The student is not in the state training school pursuant
21to a court order entered under chapter 232 under the care and
22custody of the department of health and human services.
23 Sec. 1013. Section 260C.40, Code 2023, is amended to read
24as follows:
25260C.40 Prohibition of controlled substances.
26Each community college shall adopt a policy that prohibits
27unlawful possession, use, or distribution of controlled
28substances by students and employees on property owned
29or leased by the community college or in conjunction with
30activities sponsored by a community college. Each community
31college shall provide information about the policy to all
32students and employees. The policy shall include a clear
33statement of sanctions for violation of the policy and
34information about available drug or alcohol counseling and
35rehabilitation programs. In carrying out this policy, the
-725-1community college shall provide substance abuse use disorder
2 prevention programs for students and employees.
3 Sec. 1014. Section 261.2, subsection 6, Code 2023, is
4amended to read as follows:
56. Develop and implement, in cooperation with the
6department of health and human services and the judicial
7branch, a program to assist juveniles who are sixteen years of
8age or older and who have a case permanency plan under chapter
9232 or 237 or are otherwise under the jurisdiction of chapter
10232 in applying for federal and state aid available for higher
11education.
12 Sec. 1015. Section 261.9, subsection 1, paragraph e, Code
132023, is amended to read as follows:
14e. Adopts a policy that prohibits unlawful possession,
15use, or distribution of controlled substances by students and
16employees on property owned or leased by the institution or
17in conjunction with activities sponsored by the institution.
18Each institution shall provide information about the policy
19to all students and employees. The policy shall include a
20clear statement of sanctions for violation of the policy
21and information about available drug or alcohol counseling
22and rehabilitation programs. In carrying out this policy,
23an institution shall provide substance abuse use disorder
24 prevention programs for students and employees.
25 Sec. 1016. Section 261.71, subsection 3, Code 2023, is
26amended to read as follows:
273. For purposes of this section “graduate student” means
28a student who has completed at least ninety semester hours,
29or the trimester or quarter equivalent, of postsecondary
30course work at a public higher education institution or at an
31accredited private institution, as defined under section 261.9.
32“Underserved area” means a geographical area included on the
33Iowa governor’s health practitioner shortage area list, which
34is compiled by the center for rural health and primary care
35of the Iowa department of public health and human services.
-726-1The commission shall adopt rules, consistent with rules used
2for students enrolled in higher education institutions under
3the control of the state board of regents, for purposes of
4determining Iowa residency status of graduate students under
5this section. The commission shall also adopt rules which
6provide standards, guidelines, and procedures for the receipt,
7processing, and administration of student applications and
8loans under this section.
9 Sec. 1017. Section 261.87, subsection 1, paragraph b, Code
102023, is amended to read as follows:
11b. “Eligible foster care student” means a person who has a
12high school diploma or a high school equivalency diploma under
13chapter 259A and is described by any of the following:
14(1) Is age seventeen and is in a court-ordered placement
15under chapter 232 under the care and custody of the department
16of health and human services or juvenile court services.
17(2) Is age seventeen and has been placed in a state juvenile
18institution pursuant to a court order entered under chapter
19232 under the care and custody of the department of health and
20 human services.
21(3) Is described by any of the following:
22(a) On the date the person reached age eighteen or during
23the thirty calendar days preceding or succeeding that date,
24the person was in a licensed foster care placement pursuant
25to a court order entered under chapter 232 under the care and
26custody of the department of health and human services or
27juvenile court services.
28(b) On the date the person reached age eighteen or during
29the thirty calendar days preceding or succeeding that date, the
30person was under a court order under chapter 232 to live with a
31relative or other suitable person.
32(c) The person was in a licensed foster care placement
33pursuant to an order entered under chapter 232 prior to being
34legally adopted after reaching age sixteen.
35(d) On the date the person reached age eighteen or during
-727-1the thirty calendar days preceding or succeeding that date,
2the person was placed in a state juvenile institution pursuant
3to a court order entered under chapter 232 under the care and
4custody of the department of health and human services.
5 Sec. 1018. Section 262.9A, Code 2023, is amended to read as
6follows:
7262.9A Prohibition of controlled substances.
8The state board of regents shall adopt a policy that
9prohibits unlawful possession, use, or distribution of
10controlled substances by students and employees on property
11owned or leased by an institution or in conjunction with
12activities sponsored by an institution governed by the board.
13Each institution shall provide information about the policy
14to all students and employees. The policy shall include a
15clear statement of sanctions for violation of the policy
16and information about available drug or alcohol counseling
17and rehabilitation programs. In carrying out this policy,
18the institutions shall provide substance abuse use disorder
19 prevention programs for students and employees.
20 Sec. 1019. Section 262.70, Code 2023, is amended to read as
21follows:
22262.70 Education, prevention, and research programs in mental
23health and disability services.
24The division of mental health and disability services of
25the department of health and human services may contract with
26the board of regents or any institution under the board’s
27jurisdiction to establish and maintain programs of education,
28prevention, and research in the fields of mental health,
29intellectual disability, developmental disabilities, and
30brain injury. The board may delegate responsibility for these
31programs to the state psychiatric hospital, the university
32hospital, or any other appropriate entity under the board’s
33jurisdiction.
34 Sec. 1020. Section 262.71, Code 2023, is amended to read as
35follows:
-728- 1262.71 Center for early development education.
2The board of regents shall develop a center for early
3development education at one of the regents institutions
4specified in section 262.7, subsections 1 through 3. The
5center’s programs shall be conducted in a laboratory school
6setting to serve as a model for early childhood education.
7The programs shall include, but not be limited to, programs
8designed to accommodate the needs of at-risk children. The
9teacher education programs at all three state universities
10shall cooperate in developing the center and its programs. The
11center’s programs shall take a holistic approach and the center
12shall, in developing its programs, consult with representatives
13from each of the following agencies, institutions, or groups:
141. The university of northern Iowa.
152. Iowa state university.
163. The university of Iowa.
174. The division of child and family services of the
18department of human services.
195. The department of public health.
206. 4. The department of health and human services.
217. 5. An early childhood development specialist from an
22area education agency.
238. 6. A parent of a child in a head start program.
249. 7. The department of education.
2510. 8. The child development coordinating council.
26 Sec. 1021. Section 262.78, subsections 2 and 3, Code 2023,
27are amended to read as follows:
282. The center shall cooperate with the center for rural
29health and primary care, established under department of health
30and human services pursuant to section 135.107, the center
31for health effects of environmental contamination established
32pursuant to section 263.17, and the department of agriculture
33and land stewardship. The agencies shall coordinate programs
34to the extent practicable.
353. The president of the university of Iowa, in consultation
-729-1with the president of Iowa state university of science and
2technology, shall employ a full-time director of the center.
3The center may employ staff to carry out the center’s purpose.
4The director shall coordinate the agricultural health and
5safety programs of the center. The director shall regularly
6meet and consult with the center for rural health and primary
7care department of health and human services pursuant to
8section 135.107. The director shall provide the board of
9regents with relevant information regarding the center.
10 Sec. 1022. Section 263.8, subsection 2, Code 2023, is
11amended to read as follows:
122. In addition to its regular work, the state hygienic
13laboratory shall perform without charge all bacteriological,
14serological, and epidemiological examinations and
15investigations which may be required by the Iowa department of
16public health and human services and the department shall adopt
17rules pursuant to chapter 17A therefor for the examinations
18and investigations. The laboratory shall also provide, those
19laboratory, scientific field measurement, and environmental
20quality services which, by contract, are requested by the other
21agencies of government.
22 Sec. 1023. Section 263.10, Code 2023, is amended to read as
23follows:
24263.10 Persons admitted.
25Every resident of the state who is not more than twenty-one
26years of age, who has such severe disabilities as to be unable
27to acquire an education in the public or accredited nonpublic
28schools, and every such person who is twenty-one and under
29thirty-five years of age who has the consent of the state board
30of regents, shall be entitled to receive an education, care,
31and training in the university of Iowa hospitals and clinics
32center for disabilities and development, and nonresidents
33similarly situated may be entitled to an education and care at
34the center upon such terms as may be fixed by the state board
35of regents. The fee for nonresidents shall be not less than
-730-1the average expense of resident pupils and shall be paid in
2advance. Residents and persons under the care and control of a
3director of a division of the department of health and human
4services who have severe disabilities may be transferred to the
5center upon such terms as may be agreed upon by the state board
6of regents and the director of health and human services.
7 Sec. 1024. Section 263.17, subsection 2, paragraph a,
8subparagraph (10), Code 2023, is amended to read as follows:
9(10) The Iowa department of public health and human
10services.
11 Sec. 1025. Section 263.17, subsection 7, Code 2023, is
12amended to read as follows:
137. The center shall cooperate with the center for rural
14health and primary care, established under department of
15health and human services pursuant to section 135.107, the
16center for agricultural safety and health established under
17section 262.78, and the department of agriculture and land
18stewardship. The agencies shall coordinate programs to the
19extent practicable.
20 Sec. 1026. Section 263.21, Code 2023, is amended to read as
21follows:
22263.21 Transfer of patients from state institutions.
23The director of the department of health and human services,
24in respect to institutions under the director’s control, the
25administrator of any of the divisions of the department, in
26respect to the institutions under the administrator’s control,
27 the director of the department of corrections, in respect to
28the institutions under the department’s control, and the state
29board of regents, in respect to the Iowa braille and sight
30saving school and the Iowa school for the deaf, may send any
31inmate, student, or patient of an institution, or any person
32committed or applying for admission to an institution, to
33the university of Iowa hospitals and clinics for treatment
34and care. The department of health and human services, the
35department of corrections, and the state board of regents shall
-731-1respectively pay the traveling expenses of such patient, and
2when necessary the traveling expenses of an attendant for
3the patient, out of funds appropriated for the use of the
4institution from which the patient is sent.
5 Sec. 1027. Section 263B.7, Code 2023, is amended to read as
6follows:
7263B.7 Ancient remains.
8The state archaeologist has the primary responsibility
9for investigating, preserving, and reinterring discoveries
10of ancient human remains. For the purposes of this section,
11ancient human remains are those remains found within the state
12which are more than one hundred fifty years old. The state
13archaeologist shall make arrangements for the services of a
14forensic osteologist in studying and interpreting ancient
15burials and may designate other qualified archaeologists to
16assist the state archaeologist in recovering physical and
17cultural information about the ancient burials. The state
18archaeologist shall file with the Iowa department of public
19 health and human services a written report containing both
20physical and cultural information regarding the remains at the
21conclusion of each investigation.
22 Sec. 1028. Section 272C.1, subsection 6, paragraph ad, Code
232023, is amended to read as follows:
24ad. The director of public health and human services in
25certifying emergency medical care providers and emergency
26medical care services pursuant to chapter 147A.
27 Sec. 1029. Section 272C.3, subsection 1, paragraph k, Code
282023, is amended to read as follows:
29k. Establish a licensee review committee for the purpose
30of evaluating and monitoring licensees who are impaired as
31a result of alcohol or drug abuse substance use disorder,
32dependency, or addiction, or by any mental or physical disorder
33or disability, and who self-report the impairment to the
34committee, or who are referred by the board to the committee.
35Members of the committee shall receive actual expenses for the
-732-1performance of their duties and shall be eligible to receive
2per diem compensation pursuant to section 7E.6. The board
3shall adopt rules for the establishment and administration of
4the committee, including but not limited to establishment of
5the criteria for eligibility for referral to the committee and
6the grounds for disciplinary action for noncompliance with
7committee decisions. Information in the possession of the
8board or the licensee review committee, under this paragraph,
9shall be subject to the confidentiality requirements of section
10272C.6. Referral of a licensee by the board to a licensee
11review committee shall not relieve the board of any duties
12of the board and shall not divest the board of any authority
13or jurisdiction otherwise provided. A licensee who violates
14section 272C.10 or the rules of the board while under review by
15the licensee review committee shall be referred to the board
16for appropriate action.
17 Sec. 1030. Section 272C.6, subsection 6, paragraph b, Code
182023, is amended to read as follows:
19b. The department of agriculture and land stewardship, the
20department of commerce insurance and financial services, the
21department of inspections, appeals, and licensing, and the Iowa
22 department of public health and human services shall each adopt
23rules pursuant to chapter 17A which provide for the allocation
24of fees and costs collected pursuant to this section to the
25board under its jurisdiction collecting the fees and costs.
26The fees and costs shall be considered repayment receipts as
27defined in section 8.2.
28 Sec. 1031. Section 279.49, subsections 1 and 3, Code 2023,
29are amended to read as follows:
301. The board of directors of a school corporation may
31operate or contract for the operation of a program to provide
32child care to children not enrolled in school or to students
33enrolled in kindergarten through grade six before and after
34school, or to both. Programs operated or contracted by a
35board shall be licensed by the department of health and human
-733-1services under chapter 237A as a child care center unless
2the program is exempt from licensure under chapter 237A.
3Notwithstanding requirements of the department of health and
4 human services regarding space allocated to child care centers
5licensed under chapter 237A, a program operated or contracted
6by a board which is located on school grounds may define
7alternative spaces, in policy and procedures, appropriate to
8meet the needs of children in the program if the primary space
9is required for another use.
103. The facilities housing a program operated under this
11section shall comply with standards adopted by the state fire
12marshal for school buildings under chapter 100. In addition,
13if a program involves children who are younger than school
14age, the facilities housing those children shall meet the fire
15safety standards which would apply to that age of child in a
16child care facility licensed by the department of health and
17 human services.
18 Sec. 1032. Section 279.50, subsection 8, Code 2023, is
19amended to read as follows:
208. The department of education shall identify and
21disseminate information about early intervention programs
22for students who are at the greatest risk of suffering from
23the problem of dropping out of school, substance abuse use
24disorder, adolescent pregnancy, or suicide.
25 Sec. 1033. Section 279.60, subsection 2, Code 2023, is
26amended to read as follows:
272. The school district shall also collect information from
28each parent, guardian, or legal custodian of a kindergarten
29student enrolled in the district on whether the student
30attended preschool. Each school district shall report the
31preschool information collected to the department of education
32in the manner prescribed by the department not later than
33January 1 of that school year. The early childhood Iowa office
34 program in the department of management health and human
35services shall have access to the raw data. The department of
-734-1education shall review the information submitted pursuant to
2this section and shall submit its findings and recommendations
3annually in a report to the governor, the general assembly, the
4early childhood Iowa state board, and the early childhood Iowa
5area boards.
6 Sec. 1034. Section 279.76, subsection 3, paragraph a, Code
72023, is amended to read as follows:
8a. “Emergent care situation” means a sudden or unforeseen
9occurrence or onset of a medical or behavioral condition that
10could result in serious injury or harm to a student or others
11in the event immediate medical attention is not provided.
12“Emergent care situation” includes the need to screen a student
13or others for symptoms or exposures during an outbreak or
14public health event of concern as designated by the department
15of public health and human services.
16 Sec. 1035. Section 280.13C, subsection 3, paragraph a, Code
172023, is amended to read as follows:
18a. The department of public health and human services, the
19 Iowa high school athletic association, and the Iowa girls high
20school athletic union shall work together to develop training
21materials and courses regarding concussions and brain injuries,
22including training regarding evaluation, prevention, symptoms,
23risks, and long-term effects of concussions and brain injuries.
24Each coach or contest official shall complete such training at
25least every two years.
26 Sec. 1036. Section 280.13C, subsection 4, Code 2023, is
27amended to read as follows:
284. Guidelines and information sheet.
29a. The department of public health and human services, the
30 Iowa high school athletic association, and the Iowa girls high
31school athletic union shall work together to distribute the
32guidelines of the centers for disease control and prevention
33of the United States department of health and human services
34and other pertinent information to inform and educate coaches,
35students, and the parents and guardians of students of the
-735-1risks, signs, symptoms, and behaviors consistent with a
2concussion or brain injury, including the danger of continuing
3to participate in extracurricular interscholastic activities
4after suffering a concussion or brain injury and their
5responsibility to report such signs, symptoms, and behaviors
6if they occur.
7b. For school years beginning on or after July 1, 2018,
8each school district and nonpublic school shall provide to the
9parent or guardian of each student in grades seven through
10twelve a concussion and brain injury information sheet,
11as provided by the department of public health and human
12services, the Iowa high school athletic association, and the
13Iowa girls high school athletic union. The student and the
14student’s parent or guardian shall sign and return a copy
15of the concussion and brain injury information sheet to the
16student’s school prior to the student’s participation in any
17extracurricular interscholastic activity.
18 Sec. 1037. Section 280.13C, subsection 6, paragraph a, Code
192023, is amended to read as follows:
20a. The department of public health and human services, in
21cooperation with the Iowa high school athletic association
22and the Iowa girls high school athletic union, shall develop
23a return-to-play protocol based on peer-reviewed scientific
24evidence consistent with the guidelines of the centers for
25disease control and prevention of the United States department
26of health and human services, for a student’s return to
27participation in any extracurricular interscholastic activity
28after showing signs, symptoms, or behaviors consistent with a
29concussion or brain injury. The department of public health
30and human services shall adopt the return-to-play protocol
31by rule pursuant to chapter 17A. The board of directors
32of each school district and the authorities in charge of
33each accredited nonpublic school with enrolled students who
34participate in an extracurricular interscholastic activity
35which is a contest in grades seven through twelve shall adopt
-736-1such protocol by July 1, 2019.
2 Sec. 1038. Section 280.16, subsection 1, paragraph a, Code
32023, is amended to read as follows:
4a. “Bronchodilator” means a bronchodilator as recommended
5by the department of public health and human services for
6treatment of a student’s respiratory distress, asthma, or other
7airway constricting disease.
8 Sec. 1039. Section 280.16, subsection 7, Code 2023, is
9amended to read as follows:
107. The Iowa braille and sight saving school, the Iowa school
11for the deaf, and the institutions under the control of the
12department of health and human services as provided in section
13218.1 are exempt from the provisions of this section.
14 Sec. 1040. Section 280.17, subsection 1, Code 2023, is
15amended to read as follows:
161. The board of directors of a school district and the
17authorities in charge of a nonpublic school shall prescribe
18procedures, in accordance with the guidelines contained in
19the model policy developed by the department of education in
20consultation with the department of health and human services,
21and adopted by the department of education pursuant to chapter
2217A, for the handling of reports of child abuse, as defined in
23section 232.68, subsection 2, paragraph “a”, subparagraph (1),
24(3), or (5), alleged to have been committed by an employee or
25agent of the public or nonpublic school.
26 Sec. 1041. Section 280.25, subsection 1, Code 2023, is
27amended to read as follows:
281. The board of directors of each public school and the
29authorities in charge of each accredited nonpublic school
30shall adopt a policy and the superintendent of each public
31school shall adopt rules which provide that the school
32district or school may share information contained within a
33student’s permanent record pursuant to an interagency agreement
34with state and local agencies that are part of the juvenile
35justice system. These agencies include, but are not limited
-737-1to, juvenile court services, the department of health and
2 human services, and local law enforcement authorities. The
3disclosure of information shall be directly related to the
4juvenile justice system’s ability to effectively serve, prior
5to adjudication, the student whose records are being released.
6 Sec. 1042. Section 280.29, subsection 1, paragraph e, Code
72023, is amended to read as follows:
8e. Enter into a memorandum of understanding with the
9department of health and human services regarding the exchange
10of information as appropriate to facilitate the enrollment
11transition of children adjudicated under chapter 232 or
12receiving foster care services from one school to another
13school.
14 Sec. 1043. Section 280.32, subsections 3 and 6, Code 2023,
15are amended to read as follows:
163. Radon testing pursuant to this section conducted on and
17after July 1, 2022, shall be conducted by a person certified
18to conduct such testing pursuant to section 136B.1 or by
19district employees that have completed a school radon testing
20training program approved by the department of education and
21the department of public health and human services. District
22employees that have completed training shall not perform
23testing services in locations other than the employee’s
24employing district. The department of public health and human
25services shall maintain and make available to school districts
26a list of such approved school radon testing training programs.
27Testing shall be based on recognized national standards that
28outline school radon testing practices.
296. In consultation with appropriate stakeholders and the
30department of education, the department of public health and
31human services shall adopt rules to administer this section.
32 Sec. 1044. Section 280A.1, subsection 3, Code 2023, is
33amended to read as follows:
343. “Behavioral health screening” or “screening” means a
35screening and assessment performed using a universal behavioral
-738-1health screening and assessment tool, approved for use by the
2department of education in consultation with the department of
3public health and the department of human services, to identify
4factors that place children at higher risk for behavioral
5health conditions, to determine appropriate treatment or
6intervention, and to identify the need for referral for
7appropriate services.
8 Sec. 1045. Section 282.18, subsection 7, paragraph b, Code
92023, is amended to read as follows:
10b. If a request to transfer is due to a change in family
11residence, a change in a child’s residence from the residence
12of one parent or guardian to the residence of a different
13parent or guardian, a change in the state in which the family
14residence is located, a change in a child’s parents’ marital
15status, a guardianship proceeding, placement in foster care,
16adoption, participation in a foreign exchange program, or
17participation in a substance abuse use disorder or mental
18health treatment program, and the child who is the subject of
19the request is enrolled in any grade from kindergarten through
20grade twelve or who is a prekindergarten student enrolled in a
21special education program at the time of the request and is not
22currently using any provision of open enrollment, the parent or
23guardian of the child shall have the option to have the child
24remain in the child’s original district of residence under open
25enrollment with no interruption in the child’s educational
26program. If a parent or guardian exercises this option, the
27child’s new district of residence is not required to pay the
28amount calculated in subsection 5 or 6, as applicable, until
29the start of the first full year of enrollment of the child.
30 Sec. 1046. Section 282.18, subsection 9, paragraph a,
31subparagraph (8), Code 2023, is amended to read as follows:
32(8) If the pupil participates in open enrollment because
33of circumstances that meet the definition of good cause. For
34purposes of this subparagraph, “good cause” means a change in a
35child’s residence due to a change in family residence, a change
-739-1in a child’s residence from the residence of one parent or
2guardian to the residence of a different parent or guardian, a
3change in the state in which the family residence is located,
4a change in a child’s parents’ marital status, a guardianship
5or custody proceeding, placement in foster care, adoption,
6participation in a foreign exchange program, initial placement
7of a prekindergarten student in a special education program
8requiring specially designed instruction, or participation
9in a substance abuse use disorder or mental health treatment
10program, a change in the status of a child’s resident district
11such as removal of accreditation by the state board, surrender
12of accreditation, or permanent closure of a nonpublic school,
13revocation of a charter school contract as provided in section
14256E.10 or 256F.8, the failure of negotiations for a whole
15grade sharing, reorganization, dissolution agreement, or the
16rejection of a current whole grade sharing agreement, or
17reorganization plan.
18 Sec. 1047. Section 282.19, Code 2023, is amended to read as
19follows:
20282.19 Child living in substance abuse use disorder or foster
21care placement.
221. A child who is living in a facility that provides
23residential treatment as “facility” is defined in section
24125.2, which is located in a school district other than the
25school district in which the child resided before entering the
26facility may enroll in and attend an accredited school in the
27school district in which the child is living.
282. A child who is living in a licensed individual or agency
29child foster care facility, as defined in section 237.1, or
30in an unlicensed relative foster care placement, shall remain
31enrolled in and attend an accredited school in the school
32district in which the child resided and is enrolled at the
33time of placement, unless it is determined by the juvenile
34court or the public or private agency of this state that has
35responsibility for the child’s placement that remaining in such
-740-1school is not in the best interests of the child. If such
2a determination is made, the child may attend an accredited
3school located in the school district in which the child is
4living and not in the school district in which the child
5resided prior to receiving foster care.
63. The instructional costs for students who do not require
7special education shall be paid as provided in section 282.31,
8subsection 1, paragraph “b”, or for students who require
9special education shall be paid as provided in section 282.31,
10subsection 2 or 3.
11 Sec. 1048. Section 282.27, subsection 3, paragraph b, Code
122023, is amended to read as follows:
13b. The child is not placed by the department of health and
14 human services or a court in a day program treatment program in
15such psychiatric unit or institution.
16 Sec. 1049. Section 282.27, subsection 4, paragraph b, Code
172023, is amended to read as follows:
18b. The child is not placed by the department of health and
19 human services or a court in a day program treatment program in
20such psychiatric unit or institution.
21 Sec. 1050. Section 282.33, subsection 1, Code 2023, is
22amended to read as follows:
231. A child who resides in an institution for children
24under the jurisdiction of the director of health and human
25services referred to in section 218.1, subsection 3, 4, or
26 5, or 6, and who is not enrolled in the educational program
27of the district of residence of the child, shall receive
28appropriate educational services. The institution in which
29the child resides shall submit a proposed program and budget
30based on the average daily attendance of the children residing
31in the institution to the department of education and the
32department of health and human services by January 1 for the
33next succeeding school year. The department of education shall
34review and approve or modify the proposed program and budget
35and shall notify the department of administrative services of
-741-1its action by February 1. The department of administrative
2services shall pay the approved budget amount to the department
3of health and human services in monthly installments beginning
4September 15 and ending June 15 of the next succeeding school
5year. The installments shall be as nearly equal as possible as
6determined by the department of administrative services, taking
7into consideration the relative budget and cash position of the
8state’s resources. The department of administrative services
9shall pay the approved budget amount for the department
10of health and human services from the moneys appropriated
11under section 257.16 and the department of health and human
12services shall distribute the payment to the institution. The
13institution shall submit an accounting for the actual cost of
14the program to the department of education by August 1 of the
15following school year. The department shall review and approve
16or modify all expenditures incurred in compliance with the
17guidelines adopted pursuant to section 256.7, subsection 10,
18and shall notify the department of administrative services of
19the approved accounting amount. The approved accounting amount
20shall be compared with any amounts paid by the department of
21administrative services to the department of health and human
22services and any differences added to or subtracted from the
23October payment made under this subsection for the next school
24year. Any amount paid by the department of administrative
25services shall be deducted monthly from the state foundation
26aid paid under section 257.16 to all school districts in the
27state during the subsequent fiscal year. The portion of the
28total amount of the approved budget that shall be deducted from
29the state aid of a school district shall be the same as the
30ratio that the budget enrollment for the budget year of the
31school district bears to the total budget enrollment in the
32state for that budget year in which the deduction is made.
33 Sec. 1051. Section 283A.2, subsection 3, Code 2023, is
34amended to read as follows:
353. Each school district that operates or provides for
-742-1a school breakfast or lunch program shall provide for the
2forwarding of information from the applications for the school
3breakfast or lunch program, for which federal funding is
4provided, to identify children for enrollment in the medical
5assistance program pursuant to chapter 249A or the healthy
6and well kids in Iowa program pursuant to chapter 514I to the
7department of health and human services.
8 Sec. 1052. Section 285.1, subsection 1, paragraph a,
9subparagraph (3), Code 2023, is amended to read as follows:
10(3) Children attending prekindergarten programs offered or
11sponsored by the district or nonpublic school and approved by
12the department of education or department of health and human
13services or children participating in preschool in an approved
14local program under chapter 256C may be provided transportation
15services. However, transportation services provided to
16nonpublic school children are not eligible for reimbursement
17under this chapter.
18 Sec. 1053. Section 303.3C, subsection 1, paragraph a, Code
192023, is amended to read as follows:
20a. The department of cultural affairs shall establish
21and administer an Iowa great places program for purposes
22of combining resources of state government in an effort to
23showcase the unique and authentic qualities of communities,
24regions, neighborhoods, and districts that make such places
25exceptional places to work and live. The department of
26cultural affairs shall provide administrative assistance to
27the Iowa great places board. The department of cultural
28affairs shall coordinate the efforts of the Iowa great places
29board with the efforts of state agencies participating in
30the program which shall include, but not be limited to, the
31economic development authority, the Iowa finance authority, the
32department of health and human rights services, the department
33of natural resources, the state department of transportation,
34and the department of workforce development.
35 Sec. 1054. Section 307.24, subsection 5, paragraph b, Code
-743-12023, is amended to read as follows:
2b. For department of health and human services facility
3roads, six and one-half percent.
4 Sec. 1055. Section 321.1, subsection 8, paragraph g, Code
52023, is amended to read as follows:
6g. If authorized to transport patients or clients by the
7director of the department of health and human services or the
8director’s designee, an employee of the department of health
9and human services is not a chauffeur when transporting the
10patients or clients in an automobile.
11 Sec. 1056. Section 321.19, subsection 1, paragraph c,
12subparagraph (3), Code 2023, is amended to read as follows:
13(3) Persons in the department of justice, the alcoholic
14beverages division of the department of commerce, disease
15investigators of the Iowa department of public health and human
16services, the department of inspections and appeals, and the
17department of revenue, who are regularly assigned to conduct
18investigations which cannot reasonably be conducted with a
19vehicle displaying “official” state registration plates.
20 Sec. 1057. Section 321.34, subsection 11A, paragraphs b and
21c, Code 2023, are amended to read as follows:
22b. Love our kids plates shall be designed by the department
23in cooperation with the Iowa department of public health and
24human services.
25c. The special fee for letter-number designated love our
26kids plates is thirty-five dollars. The fee for personalized
27love our kids plates is twenty-five dollars, which shall
28be paid in addition to the special love our kids fee of
29thirty-five dollars. The fees collected by the director under
30this subsection shall be paid monthly to the treasurer of
31state and deposited in the road use tax fund. The treasurer
32of state shall transfer monthly from the statutory allocations
33fund created under section 321.145, subsection 2, to the Iowa
34 department of public health and human services the amount
35of the special fees collected in the previous month for the
-744-1love our kids plates. Notwithstanding section 8.33, moneys
2transferred under this subsection shall not revert to the
3general fund of the state.
4 Sec. 1058. Section 321.34, subsection 23, paragraph c, Code
52023, is amended to read as follows:
6c. The special fee for letter-number designated breast
7cancer awareness plates is thirty-five dollars. The fee for
8personalized breast cancer awareness plates is twenty-five
9dollars, which shall be paid in addition to the special
10breast cancer awareness fee of thirty-five dollars. The fees
11collected by the director under this subsection shall be paid
12monthly to the treasurer of state and deposited in the road
13use tax fund. The treasurer of state shall transfer monthly
14from the statutory allocations fund created under section
15321.145, subsection 2, to the Iowa department of public health
16and human services the amount of the special fees collected
17in the previous month for the breast cancer awareness plates
18and such funds are appropriated to the Iowa department of
19public health and human services. The Iowa department of
20public health and human services shall distribute one hundred
21percent of the funds received monthly in the form of grants to
22support breast cancer screenings for both men and women who
23meet eligibility requirements like those established by the
24Susan G. Komen foundation. In the awarding of grants, the Iowa
25 department of public health and human services shall give first
26consideration to affiliates of the Susan G. Komen foundation
27and similar nonprofit organizations providing for breast cancer
28screenings at no cost in Iowa. Notwithstanding section 8.33,
29moneys transferred under this subsection shall not revert to
30the general fund of the state.
31 Sec. 1059. Section 321.178, subsection 1, paragraph a,
32subparagraph (1), Code 2023, is amended to read as follows:
33(1) A minimum of four hours of instruction concerning
34substance abuse use disorder and distracted driving.
35 Sec. 1060. Section 321.178A, subsection 3, paragraph a,
-745-1subparagraph (2), Code 2023, is amended to read as follows:
2(2) Instruction concerning substance abuse use disorder and
3distracted driving.
4 Sec. 1061. Section 321.215, subsection 1, paragraph a,
5subparagraph (4), Code 2023, is amended to read as follows:
6(4) The person’s substance abuse use disorder treatment.
7 Sec. 1062. Section 321.231B, subsection 1, paragraph b,
8Code 2023, is amended to read as follows:
9b. An emergency medical care provider, as defined in
10section 147A.1, operating the authorized emergency vehicle who
11has completed an emergency vehicle operations course and any
12applicable continuing education requirements established or
13approved by the department of public health and human services.
14 Sec. 1063. Section 321.423, subsection 7, paragraph a,
15subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
16to read as follows:
17On a vehicle authorized by the director of public health and
18human services when all of the following apply:
19 Sec. 1064. Section 321.423, subsection 7, paragraph a,
20subparagraph (2), subparagraph division (b), Code 2023, is
21amended to read as follows:
22(b) The request for authorization is made by the member
23on forms provided by the Iowa department of public health and
24human services.
25 Sec. 1065. Section 321.423, subsection 7, paragraph b, Code
262023, is amended to read as follows:
27b. The Iowa department of public health and human services
28 shall adopt rules to establish issuance standards, including
29allowing local emergency medical service providers to issue
30certificates of authorization, and shall adopt rules to
31establish certificate of authorization revocation procedures.
32 Sec. 1066. Section 321.451, subsection 1, paragraph h, Code
332023, is amended to read as follows:
34h. A vehicle owned by a chief, medical director, or
35certified medical provider of an authorized emergency medical
-746-1service, if the application for a certificate of designation is
2requested by the chief, medical officer, or medical director
3of the authorized emergency medical service. However, the
4department shall not approve an application received pursuant
5to this paragraph unless the owner of the vehicle has completed
6an emergency vehicle operations course approved by the
7department of public health and human services, and provided
8proof of financial liability coverage or risk pool coverage.
9 Sec. 1067. Section 321J.2, subsection 3, paragraph e, Code
102023, is amended to read as follows:
11e. Assignment to substance abuse use disorder evaluation and
12treatment, a course for drinking drivers, and, if available and
13appropriate, a reality education substance abuse use disorder
14 prevention program pursuant to section 321J.24.
15 Sec. 1068. Section 321J.2, subsection 4, paragraph d, Code
162023, is amended to read as follows:
17d. Assignment to substance abuse use disorder evaluation and
18treatment, a course for drinking drivers, and, if available and
19appropriate, a reality education substance abuse use disorder
20 prevention program pursuant to section 321J.24.
21 Sec. 1069. Section 321J.2, subsection 5, paragraph d, Code
222023, is amended to read as follows:
23d. Assignment to substance abuse use disorder evaluation and
24treatment, a course for drinking drivers, and, if available and
25appropriate, a reality education substance abuse use disorder
26 prevention program pursuant to section 321J.24.
27 Sec. 1070. Section 321J.2, subsection 7, paragraphs a and b,
28Code 2023, are amended to read as follows:
29a. All persons convicted of an offense under subsection 2
30shall be ordered, at the person’s expense, to undergo, prior
31to sentencing, a substance abuse use disorder evaluation. The
32court shall order the person to follow the recommendations
33proposed in the substance abuse use disorder evaluation as
34provided in section 321J.3.
35b. Where the program is available and is appropriate for
-747-1the convicted person, a person convicted of an offense under
2subsection 2 shall be ordered to participate in a reality
3education substance abuse use disorder prevention program as
4provided in section 321J.24.
5 Sec. 1071. Section 321J.3, Code 2023, is amended to read as
6follows:
7321J.3 Substance abuse use disorder evaluation or treatment
8— rules.
91. a. In addition to orders issued pursuant to section
10321J.2, subsections 3, 4, and 5, and section 321J.17, the court
11shall order any defendant convicted under section 321J.2 to
12follow the recommendations proposed in the substance abuse
13 use disorder evaluation for appropriate substance abuse use
14disorder treatment for the defendant. Court-ordered substance
15abuse use disorder treatment is subject to the periodic
16reporting requirements of section 125.86.
17b. If a defendant is committed by the court to a substance
18abuse use disorder treatment facility, the administrator of the
19facility shall report to the court when it is determined that
20the defendant has received the maximum benefit of treatment
21at the facility and the defendant shall be released from the
22facility. The time for which the defendant is committed for
23treatment shall be credited against the defendant’s sentence.
24c. The court may prescribe the length of time for the
25evaluation and treatment or it may request that the community
26college or other approved provider conducting the course
27for drinking drivers which the person is ordered to attend
28or the treatment program to which the person is committed
29immediately report to the court when the person has received
30maximum benefit from the course for drinking drivers or
31treatment program or has recovered from the person’s addiction,
32dependency, or tendency to chronically abuse use alcohol or
33drugs.
34d. Upon successfully completing a course for drinking
35drivers or an ordered substance abuse use disorder treatment
-748-1program, a court may place the person on probation for six
2months and as a condition of probation, the person shall
3attend a program providing posttreatment services relating to
4substance abuse use disorder as approved by the court.
5e. A person committed under this section who does not
6possess sufficient income or estate to make payment of the
7costs of the treatment in whole or in part shall be considered
8a state patient and the costs of treatment shall be paid as
9provided in section 125.44.
10f. A defendant who fails to carry out the order of the
11court shall be confined in the county jail for twenty days in
12addition to any other imprisonment ordered by the court or may
13be ordered to perform unpaid community service work, and shall
14be placed on probation for one year with a violation of this
15probation punishable as contempt of court.
16g. In addition to any other condition of probation, the
17person shall attend a program providing substance abuse use
18disorder prevention services or posttreatment services related
19to substance abuse use disorder as ordered by the court. The
20person shall report to the person’s probation officer as
21ordered concerning proof of attendance at the treatment program
22or posttreatment program ordered by the court. Failure to
23attend or complete the program shall be considered a violation
24of probation and is punishable as contempt of court.
252. a. Upon a second or subsequent offense in violation of
26section 321J.2, the court upon hearing may commit the defendant
27for inpatient treatment of alcoholism or drug addiction
28or dependency to any hospital, institution, or community
29correctional facility in Iowa providing such treatment. The
30time for which the defendant is committed for treatment shall
31be credited against the defendant’s sentence.
32b. The court may prescribe the length of time for the
33evaluation and treatment or it may request that the hospital
34to which the person is committed immediately report to the
35court when the person has received maximum benefit from the
-749-1program of the hospital or institution or has recovered from
2the person’s addiction, dependency, or tendency to chronically
3abuse use alcohol or drugs.
4c. A person committed under this section who does not
5possess sufficient income or estate to make payment of the
6costs of the treatment in whole or in part shall be considered
7a state patient and the costs of treatment shall be paid as
8provided in section 125.44.
93. The state department of transportation, in cooperation
10with the judicial branch, shall adopt rules, pursuant to the
11procedure in section 125.33, regarding the assignment of
12persons ordered under section 321J.17 to submit to substance
13abuse use disorder evaluation and treatment. The rules shall
14be applicable only to persons other than those committed to
15the custody of the director of the department of corrections
16under section 321J.2. The rules shall be consistent with the
17practices and procedures of the judicial branch in sentencing
18persons to substance abuse use disorder evaluation and
19treatment under section 321J.2. The rules shall include the
20requirement that the treatment programs utilized by a person
21pursuant to an order of the department of transportation meet
22the licensure standards of the department of public health
23and human services for substance abuse use disorder treatment
24programs under chapter 125. The rules shall also include
25provisions for payment of costs by the offenders, including
26insurance reimbursement on behalf of offenders, or other forms
27of funding, and shall also address reporting requirements of
28the facility, consistent with the provisions of sections 125.84
29and 125.86. The department of transportation shall be entitled
30to treatment information contained in reports to the department
31of transportation, notwithstanding any provision of chapter 125
32that would restrict department access to treatment information
33and records.
34 Sec. 1072. Section 321J.17, subsection 2, paragraph b, Code
352023, is amended to read as follows:
-750- 1b. The court or department may request that the community
2college or substance abuse use disorder treatment providers
3licensed under chapter 125 or other approved provider
4conducting the course for drinking drivers that the person is
5ordered to attend immediately report to the court or department
6that the person has successfully completed the course for
7drinking drivers. The court or department may request that the
8treatment program which the person attends periodically report
9on the defendant’s attendance and participation in the program,
10as well as the status of treatment or rehabilitation.
11 Sec. 1073. Section 321J.22, subsections 2, 4, and 5, Code
122023, are amended to read as follows:
132. a. The course provided according to this section shall
14be offered on a regular basis at each community college as
15defined in section 260C.2, or by substance abuse use disorder
16 treatment programs licensed under chapter 125, or may be
17offered at a state correctional facility listed in section
18904.102. However, a community college shall not be required to
19offer the course if a substance abuse use disorder treatment
20program licensed under chapter 125 offers the course within the
21merged area served by the community college.
22b. Enrollment in the courses is not limited to persons
23ordered to enroll, attend, and successfully complete the
24course required under sections 321J.2 and 321J.17, subsection
252. However, any person under age eighteen who is required to
26attend the courses for violation of section 321J.2 or 321J.17
27must attend a course offered by a substance abuse use disorder
28 treatment program licensed under chapter 125.
29c. The course required by this section shall be:
30(1) Taught by a community college under the supervision
31of the department of education or by a substance abuse use
32disorder treatment program licensed under chapter 125, and may
33be offered at a state correctional facility.
34(2) Approved by the department of education, in
35consultation with the community colleges, substance abuse
-751-1 use disorder treatment programs licensed under chapter 125,
2the department of public health and human services, and the
3department of corrections.
4d. The department of education may approve a provider of
5a course for drinking drivers offered outside this state upon
6proof to the department’s satisfaction that the course is
7comparable to those offered by community colleges, substance
8abuse use disorder treatment programs licensed under chapter
9125, and state correctional facilities as provided in this
10section. The department shall comply with the requirements of
11subsection 5 regarding such approved providers.
12e. The department of education shall establish reasonable
13fees to defray the expense of obtaining classroom space,
14instructor salaries, and class materials for courses offered
15both by community colleges and by substance abuse use
16disorder treatment programs licensed under chapter 125, or
17for classes offered at a state correctional facility, and
18for administrative expenses incurred by the department of
19education in implementing subsection 5 on behalf of in-state
20and out-of-state offenders.
21f. A person shall not be denied enrollment in a course by
22reason of the person’s indigency.
234. The department of education, substance abuse use
24disorder treatment programs licensed under chapter 125,
25and state correctional facilities shall prepare for their
26respective courses a list of the locations of the courses
27taught under this section, the dates and times taught, the
28procedure for enrollment, and the schedule of course fees. The
29list shall be kept current and a copy of the list shall be sent
30to each court having jurisdiction over offenses provided in
31this chapter.
325. The department of education, substance abuse use
33disorder treatment programs licensed under chapter 125, and
34state correctional facilities shall maintain enrollment,
35attendance, successful and nonsuccessful completion data for
-752-1their respective courses on the persons ordered to enroll,
2attend, and successfully complete a course for drinking
3drivers. This data shall be forwarded to the court by the
4department of education, substance abuse use disorder treatment
5programs licensed under chapter 125, and the department of
6corrections.
7 Sec. 1074. Section 321J.23, subsection 5, Code 2023, is
8amended to read as follows:
95. The reality education substance abuse use disorder
10 prevention program provides guidelines for the operation of an
11intensive program to discourage recidivism.
12 Sec. 1075. Section 321J.24, subsection 1, paragraphs b and
13c, Code 2023, are amended to read as follows:
14b. “Participant” means a person who is ordered by the court
15to participate in the reality education substance abuse use
16disorder prevention program.
17c. “Program” means the reality education substance abuse use
18disorder prevention program.
19 Sec. 1076. Section 321J.24, subsection 2, Code 2023, is
20amended to read as follows:
212. A reality education substance abuse use disorder
22 prevention program is established in those judicial
23districts where the chief judge of the judicial district
24authorizes participation in the program. Upon a conviction
25or adjudication for a violation of section 321J.2, or the
26entry of a deferred judgment concerning a violation of section
27321J.2, the court or juvenile court may order participation in
28the reality education substance abuse use disorder prevention
29program as a term and condition of probation or disposition
30in addition to any other term or condition of probation or
31disposition required or authorized by law. The court or
32juvenile court shall require the defendant or delinquent child
33to abstain from consuming any controlled substance, alcoholic
34liquor, wine, or beer while participating in the program.
35 Sec. 1077. Section 321J.24, subsection 5, paragraph a,
-753-1subparagraph (2), Code 2023, is amended to read as follows:
2(2) A facility for the treatment of persons with
3substance-related disorders a substance use disorder as defined
4in section 125.2, under the supervision of appropriately
5licensed medical personnel.
6 Sec. 1078. Section 321J.25, Code 2023, is amended to read
7as follows:
8321J.25 Youthful offender substance abuse use disorder
9 awareness program.
101. As used in this section, unless the context otherwise
11requires:
12a. “Participant” means a person whose driver’s license or
13operating privilege has been revoked for a violation of section
14321J.2A.
15b. “Program” means a substance abuse use disorder awareness
16program provided under a contract entered into between the
17provider and the Iowa department of public health and human
18services under chapter 125.
19c. “Program coordinator” means a person assigned the duty
20to coordinate a participant’s activities in a program by the
21program provider.
222. A substance abuse use disorder awareness program is
23established in each of the regions established by the director
24of public health and human services pursuant to section
25125.12. The program shall consist of an insight class and
26a substance abuse use disorder evaluation, which shall be
27attended by the participant, to discuss issues related to the
28potential consequences of substance abuse use disorder. The
29parent or parents of the participant shall also be encouraged
30to participate in the program. The program provider shall
31consult with the participant or the parents of the participant
32in the program to determine the timing and appropriate level
33of participation for the participant and any participation by
34the participant’s parents. The program may also include a
35supervised educational tour by the participant to any or all
-754-1of the following:
2a. A hospital or other emergency medical care facility
3which regularly receives victims of motor vehicle accidents,
4to observe treatment of appropriate victims of motor vehicle
5accidents involving intoxicated drivers, under the supervision
6of a registered nurse, physician, paramedic, or emergency
7medical technician.
8b. A facility for the treatment of persons with
9substance-related disorders a substance use disorder as defined
10in section 125.2, under the supervision of appropriately
11licensed medical personnel.
12c. If approved by the state or county medical examiner, a
13morgue or a similar facility to receive appropriate educational
14material and instruction concerning damage caused by the
15consumption of alcohol or other drugs, under the supervision of
16the county medical examiner or deputy medical examiner.
173. If the program includes a tour, the program coordinator
18shall explain and discuss the experiences which may be
19encountered during the tour to the participant. If the program
20coordinator determines at any time before or during a tour that
21the tour may be traumatic or otherwise inappropriate for the
22participant, the program coordinator shall terminate the tour
23without prejudice to the participant.
244. Upon the revocation of the driver’s license or operating
25privileges of a person who is fourteen years of age or older
26for a violation of section 321J.2A, if the person has had no
27previous revocations under either section 321J.2 or section
28321J.2A, a person may participate in the substance abuse
29 use disorder awareness program. The state department of
30transportation shall notify a potential program participant
31of the possibility and potential benefits of attending a
32program and shall notify a potential program participant of the
33availability of programs which exist in the area in which the
34person resides. The state department of transportation shall
35consult with the Iowa department of public health and human
-755-1services to determine what programs are available in various
2areas of the state.
35. Program providers and facilities toured during the
4program are not liable for any civil damages resulting from
5injury to the participant, or civil damages caused by the
6participant during or from any activities related to a tour,
7except for willful or grossly negligent acts intended to, or
8reasonably expected to result in, such injury or damage.
96. The program provider shall determine fees to be paid by
10participants in the program. The program fees shall be paid on
11a sliding scale, based upon the ability of a participant and a
12participant’s family to pay the fees, and shall not exceed one
13hundred dollars per participant. The program provider shall
14use the fees to pay all costs associated with the program.
15 Sec. 1079. Section 324A.1, subsection 6, Code 2023, is
16amended to read as follows:
176. “Transportation” means the movement of individuals
18in a four or more wheeled motorized vehicle designed to
19carry passengers, including a car, van, or bus, between one
20geographic point and another geographic point. “Transportation”
21does not include emergency or incidental transportation or
22transportation conducted by the department of health and human
23services at its institutions.
24 Sec. 1080. Section 324A.4, subsection 2, paragraph a, Code
252023, is amended to read as follows:
26a. Upon request, the department shall provide assistance
27to political subdivisions, state agencies, and organizations
28affected by this chapter for federal aid applications for urban
29and rural transit system program aid. The department, in
30cooperation with the regional planning agencies, shall maintain
31current information reflecting the amount of federal, state,
32and local aid received by the public and private nonprofit
33organizations providing public transit services and the purpose
34for which the aid is received. The department shall biennially
35prepare a report to be submitted to the general assembly and
-756-1the governor prior to December 15 of even-numbered years. The
2report shall recommend methods to increase transportation
3coordination and improve the efficiency of federal, state,
4and local government programs used to finance public transit
5services and may address other topics as appropriate. The
6department of health and human services, the department on
7aging, and the officers and agents of the other affected state
8and local government units shall provide input as requested by
9the department.
10 Sec. 1081. Section 324A.5, unnumbered paragraph 1, Code
112023, is amended to read as follows:
12The department of health and human services, department on
13aging, and the officers and agents of other state and local
14governmental units shall assist the department in carrying out
15section 324A.4, subsections 1 and 2, insofar as the functions
16of these respective officers and departments are concerned
17with the health, welfare and safety of any recipient of
18transportation services.
19 Sec. 1082. Section 331.304, subsection 9, Code 2023, is
20amended to read as follows:
219. A county shall not adopt or enforce any ordinance
22imposing any registration or licensing system or registration
23or license fees for or relating to owner-occupied manufactured
24or mobile homes including the lots, lands, or manufactured
25home community or mobile home park upon or in which they are
26located. A county shall not adopt or enforce any ordinance
27imposing any registration or licensing system, or registration
28or license fees, or safety or sanitary standards for rental
29manufactured or mobile homes unless similar registration or
30licensing system, or registration or license fees, or safety
31or sanitary standards are required for other rental properties
32intended for human habitation. This subsection does not
33preclude the investigation and abatement of a nuisance or the
34enforcement of a tiedown system, or the enforcement of any
35regulations of the state council on health and human services
-757-1 or local board of health if those regulations apply to other
2rental properties or to owner-occupied housing intended for
3human habitation.
4 Sec. 1083. Section 331.321, subsection 1, paragraph f, Code
52023, is amended to read as follows:
6f. The members of the service area advisory board in
7accordance with section 217.43.
8 Sec. 1084. Section 331.323, subsection 1, paragraph a,
9subparagraph (9), Code 2023, is amended to read as follows:
10(9) Executive officer of the service area advisory board in
11accordance with section 217.43.
12 Sec. 1085. Section 331.382, subsections 3 and 6, Code 2023,
13are amended to read as follows:
143. The power to legislate in regard to chemical substance
15abuse use is subject to section 125.40.
166. The power to operate juvenile detention and shelter care
17homes is subject to approval of the homes by the director of
18the department of health and human services or the director’s
19designee, as provided in section 232.142.
20 Sec. 1086. Section 331.388, Code 2023, is amended to read
21as follows:
22331.388 Definitions.
23As used in this part, unless the context otherwise requires:
241. “Children’s behavioral health services” means the same as
25defined in section 225C.2.
262. “Department” means the department of health and human
27services.
283. “Director” means the director of health and human
29services.
303. 4. “Disability services” means the same as defined in
31section 225C.2.
324. 5. “Population” means, as of July 1 of the fiscal year
33preceding the fiscal year in which the population figure is
34applied, the population shown by the latest preceding certified
35federal census or the latest applicable population estimate
-758-1issued by the United States census bureau, whichever is most
2recent.
35. 6. “Regional administrator” means the administrative
4office, organization, or entity formed by agreement of the
5counties participating in a region to function on behalf of
6those counties in accordance with this part.
76. 7. “Serious emotional disturbance” means the same as
8defined in section 225C.2.
97. 8. “State board” means the children’s system state board
10created in section 225C.51.
118. 9. “State commission” means the mental health and
12disability services commission created in section 225C.5.
13 Sec. 1087. Section 331.389, subsections 1 and 2, Code 2023,
14are amended to read as follows:
151. Local access to mental health and disability services
16shall be provided by a regional service system comprised of
17mental health and disability services regions approved by the
18director of the department. It is the intent of the general
19assembly that the residents of this state should have access to
20needed mental health and disability services regardless of the
21location of their residence.
222. The director of human services shall approve a region
23meeting the requirements of subsection 3.
24 Sec. 1088. Section 331.390, subsection 2, paragraph c, Code
252023, is amended to read as follows:
26c. The membership of the governing board shall not include
27employees of the department of human services or a nonelected
28employee of a county.
29 Sec. 1089. Section 331.391, subsection 4, paragraph b, Code
302023, is amended to read as follows:
31b. Each region shall certify to the department of human
32services on or before December 1, 2021, and each December 1
33thereafter, the amount of the region’s cash flow amount in
34the combined account at the conclusion of the most recently
35completed fiscal year.
-759-1 Sec. 1090. Section 331.393, subsection 2, unnumbered
2paragraph 1, Code 2023, is amended to read as follows:
3Each region shall submit to the department an annual
4service and budget plan approved by the region’s governing
5board and subject to approval by the director of human
6services. Provisions for approval by the director of human
7services’ approval of the annual service and budget plan,
8and any amendments to the plan, and other requirements shall
9be specified in rule adopted by the state commission. The
10provisions addressed in the annual plan shall include but are
11not limited to all of the following:
12 Sec. 1091. Section 331.393, subsection 4, unnumbered
13paragraph 1, Code 2023, is amended to read as follows:
14The region shall have in effect a policies and procedures
15manual for the regional service system. The manual shall be
16approved by the region’s governing board and is subject to
17approval by the director of human services. An approved manual
18shall remain in effect subject to amendment. An amendment
19to the manual shall be submitted to the department at least
20forty-five days prior to the date of implementation of the
21amendment. Prior to implementation of an amendment to the
22manual, the amendment must be approved by the director of human
23services in consultation with the state commission. The manual
24shall include but is not limited to all of the following:
25 Sec. 1092. Section 331.393, subsections 5 and 8, Code 2023,
26are amended to read as follows:
275. The provisions of a regional service system management
28plan shall include measures to address the needs of persons
29who have two or more co-occurring mental health, intellectual
30or other developmental disability, brain injury, or
31substance-related substance use disorders and individuals with
32specialized needs. Implementation of measures to meet the
33needs of persons with a developmental disability other than
34intellectual disability, brain injury, or substance-related
35disorders a substance use disorder is contingent upon
-760-1identification of a funding source to meet those needs and
2implementation of provisions to engage the entity under
3contract with the state to provide services to address
4substance-related substance use disorders within the regional
5service system.
68. If a region determines that the region cannot provide
7services for the fiscal year in accordance with the regional
8plan and remain in compliance with applicable budgeting
9requirements, the region may implement a waiting list for
10the services. The procedures for establishing and applying
11a waiting list shall be specified in the regional plan. If
12a region implements a waiting list for services, the region
13shall notify the department of human services. The department
14shall maintain on the department’s internet site an up-to-date
15listing of the regions that have implemented a waiting list and
16the services affected by each waiting list.
17 Sec. 1093. Section 331.394, subsection 1, paragraph a, Code
182023, is amended to read as follows:
19a. “County of residence” means the county in this state in
20which, at the time a person applies for or receives services,
21the person is living and has established an ongoing presence
22with the declared, good faith intention of living in the
23county for a permanent or indefinite period of time. The
24county of residence of a person who is a homeless person is
25the county where the homeless person usually sleeps. A person
26maintains residency in the county or state in which the person
27last resided while the person is present in another county or
28this state receiving services in a hospital, a correctional
29facility, a halfway house for community-based corrections or
30substance-related substance use disorder treatment, a nursing
31facility, an intermediate care facility for persons with an
32intellectual disability, or a residential care facility, or for
33the purpose of attending a college or university.
34 Sec. 1094. Section 331.394, subsection 3, Code 2023, is
35amended to read as follows:
-761- 13. If a service authorization or other services-related
2decision made by a regional administrator concerning a person
3varies from the type and amount of service identified to be
4necessary for the person in a clinical determination made by a
5mental health professional and the mental health professional
6believes that failure to provide the type and amount of service
7identified could cause an immediate danger to the person’s
8health or safety, the person may request an expedited review
9of the regional administrator’s decision to be made by the
10department of human services. An expedited review held in
11accordance with this subsection is subject to the following
12procedures:
13a. The request for the expedited review shall be filed
14within five business days of receiving the notice of decision
15by the regional administrator. The request must be in writing,
16plainly state the request for an expedited review in the
17caption and body of the request, and be supported by written
18documentation from the mental health professional who made the
19clinical determination stating how the notice of decision on
20services could cause an immediate danger to the person’s health
21or safety.
22b. The expedited review shall be performed by a designee
23of the director who is a mental health professional, who is
24either the administrator of the division of mental health and
25disability services of the department of human services or the
26administrator’s designee. If the administrator is not a mental
27health professional, the expedited review shall be performed
28by a designee of the administrator who is a mental health
29professional and is free of any conflict of interest to perform
30the expedited review. The expedited review shall be performed
31within two business days of the time the request is filed. If
32the reviewer determines the information submitted in connection
33with the request is inadequate to perform the review, the
34reviewer shall request the submission of additional information
35and the review shall be performed within two business days of
-762-1the time that adequate information is submitted. The regional
2administrator and the person, with the assistance of the mental
3health professional who made the clinical determination, shall
4each provide a brief statement of facts, conclusions, and
5reasons for the decision made. Supporting clinical information
6shall also be attached. All information related to the
7proceedings and any related filings shall be considered to be
8mental health information subject to chapter 228.
9c. The administrator or director’s designee shall issue
10an order, including a brief statement of findings of fact,
11conclusions of law, and policy reasons for the order, to
12justify the decision made concerning the expedited review.
13If the decision concurs with the contention that there is an
14immediate danger to the person’s health or safety, the order
15shall identify the type and amount of service which shall be
16provided for the person. The administrator or director’s
17 designee shall give such notice as is practicable to persons
18who are required to comply with the order. The order is
19effective when issued.
20d. The decision of the administrator or director’s designee
21shall be considered a final agency action and is subject to
22judicial review in accordance with section 17A.19. The record
23for judicial review consists of any documents regarding the
24matter that were considered or prepared by the administrator or
25 director’s designee. The administrator or director’s designee
26shall maintain these documents as the official record of the
27decision. If the matter is appealed to the district court, the
28record shall be filed as confidential.
29 Sec. 1095. Section 331.396, subsection 1, paragraphs c and
30d, Code 2023, are amended to read as follows:
31c. The person has had at any time during the preceding
32twelve-month period a mental health, behavioral, or emotional
33disorder or, in the opinion of a mental health professional,
34may now have such a diagnosable disorder. The diagnosis
35shall be made in accordance with the criteria provided in
-763-1the diagnostic and statistical manual of mental disorders,
2fourth edition, text revision, published by the American
3psychiatric association, and shall not include the manual’s
4“V” codes identifying conditions other than a disease or
5injury. The diagnosis shall also not include substance-related
6 substance use disorders, dementia, antisocial personality, or
7developmental disabilities, unless co-occurring with another
8diagnosable mental illness.
9d. The person’s eligibility for individualized services
10shall be determined in accordance with the standardized
11functional assessment methodology approved for mental health
12services by the director of human services in consultation with
13the state commission.
14 Sec. 1096. Section 331.396, subsection 2, paragraph e, Code
152023, is amended to read as follows:
16e. The person’s eligibility for individualized services
17shall be determined in accordance with the standardized
18functional assessment methodology approved for intellectual
19disability and developmental disability services by the
20director of human services.
21 Sec. 1097. Section 331.396, subsection 3, paragraph d, Code
222023, is amended to read as follows:
23d. The person’s eligibility for individualized services
24shall be determined in accordance with a standardized
25functional assessment methodology approved for this purpose by
26the director of human services.
27 Sec. 1098. Section 331.397, subsection 2, paragraph a,
28subparagraph (2), Code 2023, is amended to read as follows:
29(2) Subject to the available appropriations, the director
30of human services shall ensure the core service domains listed
31in subsections 4 and 5 are covered services for the medical
32assistance program under chapter 249A to the greatest extent
33allowable under federal regulations. The medical assistance
34program shall reimburse Medicaid enrolled providers for
35Medicaid covered services under subsections 4 and 5 when
-764-1the services are medically necessary, the Medicaid enrolled
2provider submits an appropriate claim for such services, and
3no other third-party payer is responsible for reimbursement of
4such services. Within funds available, the region shall pay
5for such services for eligible persons when payment through the
6medical assistance program or another third-party payment is
7not available, unless the person is on a waiting list for such
8payment or it has been determined that the person does not meet
9the eligibility criteria for any such service.
10 Sec. 1099. Section 331.397, subsection 3, unnumbered
11paragraph 1, Code 2023, is amended to read as follows:
12Pursuant to recommendations made by the director of human
13services, the state commission shall adopt rules as required
14by section 225C.6 to define the services included in the core
15service domains listed in this section. The rules shall
16provide service definitions, service provider standards,
17service access standards, and service implementation dates, and
18shall provide consistency, to the extent possible, with similar
19service definitions under the medical assistance program.
20 Sec. 1100. Section 331.397A, subsection 2, paragraph a,
21subparagraph (2), Code 2023, is amended to read as follows:
22(2) Subject to the available appropriations, the director
23of human services shall ensure the behavioral health core
24service domains listed in subsection 4 are covered services
25for the medical assistance program under chapter 249A to the
26greatest extent allowable under federal regulations. The
27medical assistance program shall reimburse Medicaid enrolled
28providers for Medicaid covered services under subsection 4 when
29the services are medically necessary, the Medicaid enrolled
30provider submits an appropriate claim for such services, and
31no other third-party payor is responsible for reimbursement
32of such services. Within the funds available, the region
33shall pay for such services for eligible children when payment
34through the medical assistance program or another third-party
35payment is not available, unless the child is on a waiting list
-765-1for such payment or it has been determined that the child does
2not meet the eligibility criteria for any such service.
3 Sec. 1101. Section 331.397A, subsection 3, Code 2023, is
4amended to read as follows:
53. Pursuant to recommendations made by the state board, the
6department of human services shall adopt rules to define the
7services included in the core domains listed in this section.
8The rules shall provide service definitions, service provider
9standards, service access standards, and service implementation
10dates, and shall provide consistency, to the extent possible,
11with similar service definitions under the medical assistance
12program.
13 Sec. 1102. Section 331.398, subsection 1, Code 2023, is
14amended to read as follows:
151. The financing of a regional mental health and disability
16services regional service system is limited to a fixed budget
17amount. The fixed budget amount shall be the amount identified
18in a regional service system management plan and budget for the
19fiscal year.
20 Sec. 1103. Section 331.402, subsection 2, paragraph b, Code
212023, is amended to read as follows:
22b. Enter into an agreement with the state department of
23health and human services for assistance in accordance with
24section 249A.12.
25 Sec. 1104. Section 331.424, subsection 1, paragraph
26a, subparagraph (1), subparagraph division (a), unnumbered
27paragraph 1, Code 2023, is amended to read as follows:
28The costs of inpatient or outpatient substance abuse use
29disorder admission, commitment, transportation, care, and
30treatment at any of the following:
31 Sec. 1105. Section 331.756, subsections 26 and 39, Code
322023, are amended to read as follows:
3326. At the request of the director of public health and
34human services, commence legal action to enjoin the unlawful
35use of radiation-emitting equipment as provided in section
-766-1136C.5.
239. Appear on behalf of the administrator of the division
3of mental health and disability services director of the
4department of health and human services in support of an
5application to transfer a person with mental illness who
6becomes incorrigible and dangerous from a state hospital for
7persons with mental illness mental health institute to the
8Iowa medical and classification center as provided in section
9226.30.
10 Sec. 1106. Section 331.910, Code 2023, is amended to read
11as follows:
12331.910 Interstate contracts for mental health and
13substance-related substance use disorder treatment.
141. Purpose. The purpose of this section is to enable
15appropriate care and treatment to be provided to a person with
16a substance-related substance use disorder or a mental illness,
17across state lines from the person’s state of residence, in
18qualified hospitals, centers, and facilities.
192. Definitions. For the purposes of this section:
20a. “Bordering state” means Illinois, Minnesota, Missouri,
21Nebraska, South Dakota, or Wisconsin.
22b. “Receiving agency” means a public or private hospital,
23mental health center, substance abuse use disorder treatment
24and rehabilitation facility, or detoxification center, which
25provides substance abuse use disorder or mental health care
26and treatment to a person from a state other than the state in
27which a hospital, center, or facility is located.
28c. “Receiving state” means the state in which a receiving
29agency is located.
30d. “Region” means a mental health and disability services
31region formed in accordance with section 331.389.
32e. “Sending agency” means a state or regional agency
33located in a state which sends a person to a receiving state
34for substance abuse use disorder or mental health care and
35treatment under this section.
-767- 1f. “Sending state” means the state in which a sending agency
2is located.
33. Voluntary civil commitments.
4a. A region may contract with a receiving agency in a
5bordering state to secure substance abuse use disorder or
6mental health care and treatment under this subsection for
7persons who receive substance abuse use disorder or mental
8health care and treatment pursuant to section 125.33, 125.91,
9229.2, or 229.22 through a region.
10b. This subsection shall not apply to a person who is any
11of the following:
12(1) Serving a criminal sentence.
13(2) On probation or parole.
14(3) The subject of a presentence investigation.
15c. A region may contract with a sending agency in a
16bordering state to provide care and treatment under this
17subsection for residents of the bordering state in approved
18substance abuse use disorder and mental health care and
19treatment hospitals, centers, and facilities in this state,
20except that care and treatment shall not be provided for
21residents of the bordering state who are involved in criminal
22proceedings substantially similar to the involvement described
23in paragraph “b”.
244. Involuntary civil commitments.
25a. A person who is detained, committed, or placed on an
26involuntary basis under section 125.75, 125.91, 229.6, or
27229.22 may be civilly committed and treated in another state
28pursuant to a contract under this subsection.
29b. A person who is detained, committed, or placed on
30an involuntary basis under the civil commitment laws of a
31bordering state substantially similar to section 125.75,
32125.91, 229.6, or 229.22 may be civilly committed and treated
33in this state pursuant to a contract under this subsection.
34c. A law enforcement officer acting under the authority of a
35sending state may transport a person to a receiving agency that
-768-1provides substance abuse use disorder or mental health care and
2treatment pursuant to a contract under this subsection and may
3transport the person back to the sending state under the laws
4of the sending state.
5d. Court orders valid under the law of the sending state
6are granted recognition and reciprocity in the receiving state
7for a person covered by a contract under this subsection to
8the extent that the court orders relate to civil commitment
9for substance abuse use disorder or mental health care and
10treatment. Such care and treatment may include care and
11treatment for co-occurring substance-related substance use and
12mental health disorders. Such court orders are not subject to
13legal challenge in the courts of the receiving state.
14e. A person who is detained, committed, or placed under the
15laws of a sending state and who is transferred to a receiving
16state under this subsection shall be considered to be in the
17legal custody of the authority responsible for the person under
18the laws of the sending state with respect to the involuntary
19civil commitment of the person due to a mental illness or a
20substance-related substance use disorder.
21f. While in the receiving state pursuant to a contract
22under this subsection, a person detained, committed, or placed
23under the laws of a sending state shall be subject to all laws
24and regulations of the receiving state, except those laws and
25regulations with respect to the involuntary civil commitment
26of the person due to a mental illness or substance-related
27 substance use disorder. A person shall not be sent to a
28receiving state pursuant to a contract under this subsection
29until the receiving state has enacted a law recognizing the
30validity and applicability of this subsection.
31g. If a person receiving care and treatment pursuant to
32a contract under this subsection escapes from the receiving
33agency and the person at the time of the escape is subject to
34involuntary civil commitment under the laws of the sending
35state, the receiving agency shall use all reasonable means to
-769-1recapture the escapee. The receiving agency shall immediately
2report the escape of the person to the sending agency. The
3receiving state has the primary responsibility for, and the
4authority to direct, the pursuit, retaking, and prosecution of
5escaped persons within its borders and is liable for the cost
6of such action to the extent that it would be liable for costs
7if its own resident escaped.
8h. Responsibility for payment for the cost of care and
9treatment under this subsection shall remain with the sending
10agency.
115. A contract entered into under this section shall, at a
12minimum, meet all of the following requirements:
13a. Describe the care and treatment to be provided.
14b. Establish responsibility for the costs of the care and
15treatment, except as otherwise provided in subsection 4.
16c. Establish responsibility for the costs of transporting
17individuals receiving care and treatment under this section.
18d. Specify the duration of the contract.
19e. Specify the means of terminating the contract.
20f. Identify the goals to be accomplished by the placement
21of a person under this section.
226. This section shall apply to all of the following:
23a. Detoxification services that are unrelated to substance
24abuse use disorder or mental health care and treatment
25regardless of whether the care and treatment are provided on a
26voluntary or involuntary basis.
27b. Substance abuse use disorder and mental health care and
28treatment contracts that include emergency care and treatment
29provided to a resident of this state in a bordering state.
30 Sec. 1107. Section 347.7, subsection 4, paragraph a, Code
312023, is amended to read as follows:
32a. The tax levy authorized by this section for operation
33and maintenance of the hospital may be available in whole or in
34part to any county with or without a county hospital organized
35under this chapter, to be used to enhance rural health services
-770-1in the county. However, the tax levied may be expended for
2enhancement of rural health care services only following a
3local planning process. The Iowa department of public health
4and human services shall establish guidelines to be followed
5by counties in implementing the local planning process which
6shall require legal notice, public hearings, and a referendum
7in accordance with this subsection prior to the authorization
8of any new levy or a change in the use of a levy. The notice
9shall describe the new levy or the change in the use of the
10levy, indicate the date and location of the hearing, and shall
11be published at least once each week for two consecutive weeks
12in a newspaper having general circulation in the county. The
13hearing shall not take place prior to two weeks after the
14second publication.
15 Sec. 1108. Section 347.16, subsection 2, Code 2023, is
16amended to read as follows:
172. Free care and treatment shall be furnished in a county
18public hospital to any sick or injured person who fulfills
19the residency requirements under section 47.4, subsection
201, paragraph “d”, Code 1993, in the county maintaining the
21hospital, and who is indigent. The board of hospital trustees
22shall determine whether a person is indigent and entitled
23to free care under this subsection, or may delegate that
24determination to the general assistance director or the office
25of the department of health and human services in that county,
26subject to guidelines the board may adopt in conformity with
27applicable statutes.
28 Sec. 1109. Section 347B.14, Code 2023, is amended to read
29as follows:
30347B.14 Effect of approval of plans.
31When plans for construction or modification of a county care
32facility have been properly approved by the Iowa department of
33public health and human services or other appropriate state
34agency, the facility constructed in accord with the plans so
35approved shall not for a period of at least ten years from
-771-1completion of the construction or modification be considered
2deficient or ineligible for licensing by reason of failure
3to meet any regulation or standard established subsequent to
4approval of the construction and modification plans, unless a
5clear and present danger exists that would adversely affect the
6residents of the facility.
7 Sec. 1110. Section 351.40, Code 2023, is amended to read as
8follows:
9351.40 Quarantine.
10If a local board of health believes rabies to be epidemic, or
11believes there is a threat of epidemic, in its jurisdiction,
12it may declare a quarantine in all or part of the area under
13its jurisdiction and such declaration shall be reported to the
14Iowa department of public health and human services. During
15the period of quarantine, any person owning or having a dog in
16the person’s possession in the quarantined area shall keep such
17animal securely enclosed or on a leash for the duration of the
18quarantine period.
19 Sec. 1111. Section 356.37, Code 2023, is amended to read as
20follows:
21356.37 Confinement and detention report — design proposals.
22The division of subunit of the department of health and
23human services responsible for criminal and juvenile justice
24planning of the department of human rights, in consultation
25with the department of corrections, the Iowa county attorneys
26association, the Iowa state sheriff’s association, the
27Iowa peace officers association, a statewide organization
28representing rural property taxpayers, the Iowa league of
29cities, and the Iowa board of supervisors association, shall
30prepare a report analyzing the confinement and detention
31needs of jails and facilities established pursuant to this
32chapter and chapter 356A. The report for each type of jail or
33facility shall include but is not limited to an inventory of
34prisoner space, daily prisoner counts, options for detention
35of prisoners with mental illness or substance abuse use
-772-1disorder service needs, and the compliance status under section
2356.36 for each jail or facility. The report shall contain an
3inventory of recent jail or facility construction projects in
4which voters have approved the issuance of general obligation
5bonds, essential county purpose bonds, revenue bonds, or bonds
6issued pursuant to chapter 423B. The report shall be revised
7periodically as directed by the administrator of the division
8of criminal and juvenile justice planning director of health
9and human services. The first submission of the report shall
10include recommendations on offender data needed to estimate
11jail space needs in the next two, three, and five years, on a
12county, geographic region, and statewide basis, which may be
13based upon information submitted pursuant to section 356.49.
14 Sec. 1112. Section 356.48, subsection 1, Code 2023, is
15amended to read as follows:
161. A person confined to a jail or in the custody of a peace
17officer, who bites another person, who causes an exchange of
18bodily fluids with another person, or who causes any bodily
19secretion to be cast upon another person, shall submit to the
20withdrawal of a bodily specimen for testing to determine if
21the person is infected with a contagious or infectious disease
22as defined in section 141A.2. The bodily specimen to be taken
23shall be determined by the attending physician of the jail
24or the county medical examiner. The specimen taken shall be
25sent to the state hygienic laboratory at the state university
26at Iowa City or some other laboratory approved by the Iowa
27 department of public health and human services. If a person
28to be tested pursuant to this section refuses to submit to the
29withdrawal of a bodily specimen, the sheriff, person in charge
30of the jail, or any potentially infected person may file an
31application with the district court for an order compelling
32the person that may have caused an infection to submit to the
33withdrawal and, if infected, to receive available treatment.
34An order authorizing the withdrawal of a specimen for testing
35may be issued only by a district judge or district associate
-773-1judge upon application by the sheriff, person in charge of the
2jail, or any other potentially infected person.
3 Sec. 1113. Section 358.24, subsection 3, Code 2023, is
4amended to read as follows:
53. A sanitary district adjoining a border of the state and
6owning and operating a sewage disposal plant, may contract with
7the governing body of any legal entity in an adjacent area
8in another state, to process the sewage from the area. The
9contract shall be subject to approval of the Iowa department of
10public health and human services.
11 Sec. 1114. Section 364.3, subsection 5, Code 2023, is
12amended to read as follows:
135. A city shall not adopt or enforce any ordinance imposing
14any registration or licensing system or registration or license
15fees for or relating to owner-occupied manufactured or mobile
16homes including the lots, lands, or manufactured home community
17or mobile home park upon or in which they are located. A
18city shall not adopt or enforce any ordinance imposing any
19registration or licensing system, or registration or license
20fees, or safety or sanitary standards for rental manufactured
21or mobile homes unless a similar registration or licensing
22system, or registration or license fees, or safety or sanitary
23standards are required for other rental properties intended
24for human habitation. This subsection does not preclude the
25investigation and abatement of a nuisance or the enforcement of
26a tiedown system, or the enforcement of any regulations of the
27state council on health and human services or local board of
28health if those regulations apply to other rental properties or
29to owner-occupied housing intended for human habitation.
30 Sec. 1115. Section 403A.23, Code 2023, is amended to read
31as follows:
32403A.23 Eligibility of persons receiving public assistance.
33Any statute to the contrary notwithstanding, no person
34otherwise eligible to be a tenant in a municipal housing
35project, shall be declared ineligible therefor or denied
-774-1occupancy therein in the municipal housing project merely
2because the person is receiving in some form public assistance
3such as including but not limited to federal supplemental
4security income or state supplementary payments, assistance as
5defined by section 249.1, or welfare assistance, unemployment
6compensation, or social security payments, etc.
7 Sec. 1116. Section 411.6, subsection 16, paragraph c, Code
82023, is amended to read as follows:
9c. A member eligible to commence receiving a disability
10benefit on or after July 1, 2000, may be ineligible to receive
11a disability retirement benefit if the system determines that
12the member’s alcoholism or drug addiction was a contributing
13factor material to the determination of the member’s
14disability. Upon a determination that the member’s alcoholism
15or drug addiction was a contributing factor in the member’s
16disability, the system shall direct the member to undergo
17substance abuse use disorder treatment that the medical board
18determines is appropriate to treat the member’s alcoholism
19or drug addiction. After the end of a twenty-four-month
20period following the member’s first month of entitlement to a
21disability benefit, the system shall reevaluate the member’s
22disability. If the system determines that the member failed to
23comply with the treatment program prescribed by this paragraph
24and that the member would not be disabled but for the member’s
25alcoholism or drug addiction, the member’s entitlement to a
26disability benefit under this chapter shall terminate effective
27the first day of the first month following the month the member
28is notified of the system’s determination.
29 Sec. 1117. Section 421.17, subsections 20 and 21, Code 2023,
30are amended to read as follows:
3120. To cooperate with the child support recovery unit
32 services created in chapter 252B to establish and maintain
33a process to implement the provisions of section 252B.5,
34subsection 9. The department of revenue shall forward to
35individuals meeting the criteria under section 252B.5,
-775-1subsection 9, paragraph “a”, a notice by first class mail that
2the individual is obligated to file a state estimated tax form
3and to remit a separate child support payment.
4a. Individuals notified shall submit a state estimated tax
5form on a quarterly basis.
6b. The individual shall pay monthly, the lesser of the total
7delinquency or one hundred fifty percent of the current or most
8recent monthly obligation.
9c. The individual shall remit the payment to the department
10of revenue separate from any tax liability payments, identify
11the payment as a support payment, and make the payment payable
12to the collection services center. The department shall
13forward all payments received pursuant to this section to the
14collection services center established pursuant to chapter
15252B, for processing and disbursement. The department of
16revenue may establish a process for the child support recovery
17unit services or the collection services center to directly
18receive the payments. For purposes of crediting the support
19payments pursuant to sections 252B.14 and 598.22, payments
20received by the department of revenue and forwarded to the
21collection services center shall be credited as if received
22directly by the collection services center.
23d. The notice shall provide that, as an alternative to the
24provisions of paragraph “b”, the individual may contact the
25 child support recovery unit services to formalize a repayment
26plan and obtain an exemption from the quarterly filing
27requirement when payments are made pursuant to the repayment
28plan or to contest the balance due listed in the notice.
29e. The department of revenue, in cooperation with the child
30support recovery unit services, may adopt rules, if necessary,
31to implement this subsection.
3221. To provide information contained in state individual
33tax returns to the child support recovery unit services
34 for the purposes of establishment or enforcement of support
35obligations. The department of revenue and child support
-776-1recovery unit services may exchange information in a manual or
2automated fashion. The department of revenue, in cooperation
3with the child support recovery unit services, may adopt rules,
4if necessary, to implement this subsection.
5 Sec. 1118. Section 422.7, subsection 42, paragraph a,
6subparagraph (6), Code 2023, is amended to read as follows:
7(6) Subtract to the extent included the amount of a
8recruitment and retention bonus, not to exceed one thousand
9dollars, received by a child care worker through the
10recruitment and retention bonus program administered by the
11department of health and human services.
12 Sec. 1119. Section 422.12A, subsection 1, paragraph a, Code
132023, is amended to read as follows:
14a. “Adoption” means the permanent placement in this state of
15a child by the department of health and human services, by an
16adoption service provider as defined in section 600A.2, or by
17an agency that meets the provisions of the interstate compact
18in section 232.158.
19 Sec. 1120. Section 422.12A, subsection 5, Code 2023, is
20amended to read as follows:
215. The department of revenue and the department of health
22and human services shall each adopt rules to jointly administer
23this section.
24 Sec. 1121. Section 422.12K, subsection 3, Code 2023, is
25amended to read as follows:
263. The department of health and human services may authorize
27payment of moneys from the child abuse prevention program fund
28in accordance with section 235A.2.
29 Sec. 1122. Section 422D.6, subsection 3, paragraph b, Code
302023, is amended to read as follows:
31b. Nondisposable essential ambulance equipment, as defined
32by rule by the Iowa department of public health and human
33services.
34 Sec. 1123. Section 423.3, subsection 18, paragraphs b, c, d,
35and g, Code 2023, are amended to read as follows:
-777- 1b. Residential facilities licensed by the department of
2health and human services pursuant to chapter 237, other than
3those maintained by individuals as defined in section 237.1,
4subsection 7.
5c. Rehabilitation facilities that provide accredited
6rehabilitation services to persons with disabilities which are
7accredited by the commission on accreditation of rehabilitation
8facilities or the council on quality and leadership and adult
9day care services approved for reimbursement by the state
10 department of health and human services.
11d. Community mental health centers accredited by the
12department of health and human services pursuant to chapter
13225C.
14g. Substance abuse use disorder treatment or prevention
15programs that receive block grant funding from the Iowa
16 department of public health and human services.
17 Sec. 1124. Section 423.3, subsection 18, paragraph f,
18unnumbered paragraph 1, Code 2023, is amended to read as
19follows:
20Home and community-based services providers certified to
21offer Medicaid waiver services by the department of health and
22 human services that are any of the following:
23 Sec. 1125. Section 423.3, subsections 31 and 58, Code 2023,
24are amended to read as follows:
2531. a. The sales price of tangible personal property or
26specified digital products sold to and of services furnished
27to a tribal government as defined in section 216A.161, or the
28sales price of tangible personal property or specified digital
29products sold to and of services furnished, and used for public
30purposes sold to a tax-certifying or tax-levying body of the
31state or a governmental subdivision of the state, including the
32following: regional transit systems, as defined in section
33324A.1; the state board of regents; department of health
34and human services; state department of transportation; any
35municipally owned solid waste facility which sells all or part
-778-1of its processed waste as fuel to a municipally owned public
2utility; and all divisions, boards, commissions, agencies,
3or instrumentalities of state, federal, county, municipal,
4or tribal government which have no earnings going to the
5benefit of an equity investor or stockholder, except any of the
6following:
7a. (1) The sales price of tangible personal property or
8specified digital products sold to, or of services furnished,
9and used by or in connection with the operation of any
10municipally owned public utility engaged in selling gas,
11electricity, heat, pay television service, or communication
12service to the general public.
13b. (2) The sales price of furnishing of sewage services to
14a county or municipality on behalf of nonresidential commercial
15operations.
16c. (3) The furnishing of solid waste collection and
17disposal service to a county or municipality on behalf of
18nonresidential commercial operations located within the county
19or municipality.
20b. For the purposes of this subsection, “tribal government”
21 means the governing body of a federally recognized Indian
22tribe.
2358. The sales price from the sale of items purchased with
24coupons, food stamps, electronic benefits transfer cards a
25supplemental nutrition assistance program benefit transfer
26instrument as defined in section 234.13, or other methods
27 method of payment authorized by the United States department
28of agriculture, and issued under the federal Food Stamp Act of
291977, 7 U.S.C. §2011 et seq.or under the federal supplemental
30nutritional assistance program established in 7 U.S.C. §2013.
31 Sec. 1126. Section 423.4, subsection 1, paragraph a,
32subparagraphs (4) and (9), Code 2023, are amended to read as
33follows:
34(4) A tax-certifying or tax-levying body or governmental
35subdivision of the state, including the state board of regents,
-779-1state the department of health and human services, and the
2 state department of transportation.
3(9) A tribal government as defined in section 216A.161,
4and any instrumentalities of the tribal government which do
5not have earnings going to the benefit of an equity investor
6or stockholder. For the purposes of this subparagraph, “tribal
7government” means the governing body of a federally recognized
8Indian tribe.
9 Sec. 1127. Section 425.2, subsection 3, Code 2023, is
10amended to read as follows:
113. In case the owner of the homestead is in active service
12in the armed forces of this state or of the United States,
13or is sixty-five years of age or older, or is disabled, the
14statement and designation may be signed and delivered by any
15member of the owner’s family, by the owner’s guardian or
16conservator, or by any other person who may represent the owner
17under power of attorney. If the owner of the homestead is
18married, the spouse may sign and deliver the statement and
19designation. The director of health and human services or
20the director’s designee may make application for the benefits
21of this subchapter as the agent for and on behalf of persons
22receiving assistance under chapter 249.
23 Sec. 1128. Section 425.16, subsection 2, paragraph b, Code
242023, is amended to read as follows:
25b. The reimbursement of rent constituting property taxes
26paid under this subchapter shall be administered by the
27department of health and human services as provided in this
28subchapter.
29 Sec. 1129. Section 425.17, subsection 3, Code 2023, is
30amended to read as follows:
313. “Gross rent” means rental paid at arm’s length for the
32right of occupancy of a homestead or manufactured or mobile
33home, including rent for space occupied by a manufactured or
34mobile home not to exceed one acre. If the department of
35health and human services determines that the landlord and
-780-1tenant have not dealt with each other at arm’s length, and the
2department of health and human services is satisfied that the
3gross rent charged was excessive, the department of health and
4 human services shall adjust the gross rent to a reasonable
5amount as determined by the department of health and human
6services.
7 Sec. 1130. Section 425.18, Code 2023, is amended to read as
8follows:
9425.18 Right to file a claim.
10The right to file a claim for reimbursement or credit under
11this subchapter may be exercised by the claimant or on behalf
12of a claimant by the claimant’s legal guardian, spouse, or
13attorney, or by the executor or administrator of the claimant’s
14estate. If a claimant dies after having filed a claim for
15reimbursement for rent constituting property taxes paid, the
16amount of the reimbursement may be paid to another member of
17the household as determined by the department of health and
18 human services. If the claimant was the only member of the
19household, the reimbursement may be paid to the claimant’s
20executor or administrator, but if neither is appointed and
21qualified within one year from the date of the filing of
22the claim, the reimbursement shall escheat to the state. If
23a claimant dies after having filed a claim for credit for
24property taxes due, the amount of credit shall be paid as if
25the claimant had not died.
26 Sec. 1131. Section 425.19, Code 2023, is amended to read as
27follows:
28425.19 Claim and credit or reimbursement.
29Subject to the limitations provided in this subchapter, a
30claimant may annually claim a credit for property taxes due
31during the fiscal year next following the base year or claim
32a reimbursement for rent constituting property taxes paid in
33the base year. The amount of the credit for property taxes
34due for a homestead shall be paid on June 15 of each year
35from the elderly and disabled property tax credit fund under
-781-1section 425.39, subsection 1, by the director of revenue to
2the county treasurer who shall credit the money received
3against the amount of the property taxes due and payable on the
4homestead of the claimant and the amount of the reimbursement
5for rent constituting property taxes paid shall be paid by the
6director of health and human services to the claimant from the
7reimbursement fund under section 425.39, subsection 2, on or
8before December 31 of each year.
9 Sec. 1132. Section 425.20, subsections 1 and 3, Code 2023,
10are amended to read as follows:
111. A claim for reimbursement for rent constituting property
12taxes paid shall not be paid or allowed, unless the claim is
13filed with and in the possession of the department of health
14and human services on or before June 1 of the year following
15the base year.
163. In case of sickness, absence, or other disability of
17the claimant or if, in the judgment of the director of revenue
18or the director of health and human services, as applicable,
19good cause exists and the claimant requests an extension, the
20director of health and human services may extend the time for
21filing a claim for reimbursement and the director of revenue
22may extend the time for filing a claim for credit. However,
23any further time granted shall not extend beyond December 31
24of the year following the year in which the claim was required
25to be filed. Claims filed as a result of this subsection shall
26be filed with the director of health and human services or the
27director of revenue, as applicable, who shall provide for the
28reimbursement of the claim to the claimant.
29 Sec. 1133. Section 425.25, subsection 2, Code 2023, is
30amended to read as follows:
312. The director of health and human services shall make
32available suitable forms with instructions for claimants of the
33reimbursement for rent constituting property taxes paid. The
34claim shall be in a form as the director of health and human
35services may prescribe. The director of revenue shall devise a
-782-1reimbursement table with amounts rounded to the nearest even
2whole dollar and provide such table to the director of health
3and human services. Reimbursements in the amount of less than
4one dollar shall not be paid.
5 Sec. 1134. Section 425.26, subsection 2, unnumbered
6paragraph 1, Code 2023, is amended to read as follows:
7Every claimant for reimbursement of rent constituting
8property taxes paid shall give the department of health and
9 human services, in support of the claim, reasonable proof of:
10 Sec. 1135. Section 425.26, subsection 3, Code 2023, is
11amended to read as follows:
123. The department of revenue or the department of health and
13 human services may require any additional proof necessary to
14support a claim.
15 Sec. 1136. Section 425.27, subsection 1, paragraph b, Code
162023, is amended to read as follows:
17b. The department of health and human services is
18responsible for the audit of claims for reimbursement for rent
19constituting property taxes paid under this subchapter.
20 Sec. 1137. Section 425.27, subsection 3, Code 2023, is
21amended to read as follows:
223. If on the audit of a claim for reimbursement for rent
23constituting property taxes paid under this subchapter, the
24department of health and human services determines the amount
25of the claim to have been incorrectly calculated or that the
26claim is not allowable, the department of health and human
27services shall recalculate the claim and notify the claimant
28of the recalculation or denial and the reasons for it. The
29recalculation of the claim shall be final unless appealed
30to the director of health and human services within thirty
31days from the date of notice of recalculation or denial. The
32director of health and human services shall grant a hearing,
33and upon hearing determine the correct claim, if any, and
34notify the claimant of the decision by mail. The department of
35health and human services shall not adjust a claim after three
-783-1years from October 31 of the year in which the claim was filed.
2If the claim for reimbursement has been paid, the amount may be
3recovered by the department of health and human services. The
4decision of the director of health and human services shall be
5final unless appealed as provided in section 425.31.
6 Sec. 1138. Section 425.27, subsection 4, paragraph b, Code
72023, is amended to read as follows:
8b. For the purpose of administering the reimbursement for
9rent constituting property taxes paid, including the duties of
10the director of health and human services and the department of
11health and human services under this subchapter, the director
12of health and human services shall have the same powers as
13those described in section 422.70.
14 Sec. 1139. Section 425.28, subsections 2, 3, and 4, Code
152023, are amended to read as follows:
162. A claimant for reimbursement of rent constituting
17property taxes paid shall expressly waive any right to
18confidentiality relating to all income tax information
19obtainable by the department of health and human services.
203. For the effective administration of this subchapter, the
21department of revenue and the department of health and human
22services shall share information obtained by each department
23from claimants under this subchapter.
244. In addition to the sharing of information under
25subsection 3, the department of health and human services may
26release information pertaining to a person’s eligibility or
27claim for or receipt of rent reimbursement to an employee of
28the department of inspections and appeals in the employee’s
29official conduct of an audit or investigation.
30 Sec. 1140. Section 425.29, subsection 3, Code 2023, is
31amended to read as follows:
323. In the case of a claim for reimbursement disallowed by
33the department of health and human services, the department of
34health and human services may impose penalties described in
35section 421.27. The department of health and human services
-784-1shall send a notice of disallowance of the claim.
2 Sec. 1141. Section 425.31, subsections 2, 3, and 4, Code
32023, are amended to read as follows:
42. Judicial review of the actions of the director of health
5and human services or the department of health and human
6services under this subchapter may be sought in accordance with
7the terms of chapter 17A and the rules of the department of
8health and human services.
93. For cause and upon a showing by the director of revenue
10or the director of health and human services, as applicable,
11that collection of the amount in dispute is in doubt, the
12court may order the petitioner to file with the clerk a bond
13for the use of the respondent, with sureties approved by the
14clerk, equal to the amount appealed from, conditioned that the
15petitioner shall perform the orders of the court.
164. An appeal may be taken by the claimant or the director
17of revenue or the director of health and human services, as
18applicable, to the supreme court of this state irrespective of
19the amount involved.
20 Sec. 1142. Section 425.33, subsection 1, Code 2023, is
21amended to read as follows:
221. If upon petition by a claimant the department of health
23and human services determines that a landlord has increased the
24claimant’s rent primarily because the claimant is eligible for
25reimbursement under this subchapter, the department of health
26and human services shall request the landlord by mail to reduce
27the rent appropriately.
28 Sec. 1143. Section 425.33, subsection 2, unnumbered
29paragraph 1, Code 2023, is amended to read as follows:
30In determining whether a landlord has increased a
31claimant’s rent primarily because the claimant is eligible for
32reimbursement under this subchapter, the department of health
33and human services shall consider the following factors:
34 Sec. 1144. Section 425.33, subsection 3, Code 2023, is
35amended to read as follows:
-785- 13. If the landlord fails to comply with the request of the
2department of health and human services within fifteen days
3after the request is mailed, the department of health and human
4services shall order the rent reduced by an appropriate amount.
5 Sec. 1145. Section 425.34, subsection 1, Code 2023, is
6amended to read as follows:
71. If the department of health and human services orders a
8landlord to reduce rent to a claimant, then upon the request
9of the landlord the department of health and human services
10shall hold a prompt hearing of the matter, to be conducted in
11accordance with the rules of the department. The department of
12health and human services shall give notice of the decision by
13mail to the claimant and to the landlord.
14 Sec. 1146. Section 425.37, Code 2023, is amended to read as
15follows:
16425.37 Rules.
17The director of revenue and the director of health and human
18services shall each adopt rules in accordance with chapter
1917A for the interpretation and proper administration of this
20subchapter and each department’s applicable powers and duties
21under this subchapter, including rules to prevent and disallow
22duplication of benefits and to prevent any unreasonable
23hardship or advantage to any person.
24 Sec. 1147. Section 425.39, subsection 2, Code 2023, is
25amended to read as follows:
262. The elderly and disabled rent reimbursement fund is
27created. There is appropriated annually from the general fund
28of the state to the department of health and human services
29to be credited to the elderly and disabled rent reimbursement
30fund, from funds not otherwise appropriated, an amount
31sufficient to implement this subchapter for reimbursement for
32rent constituting property taxes paid for claimants described
33in section 425.17, subsection 2, paragraph “a”, subparagraph
34(1).
35 Sec. 1148. Section 425.40, Code 2023, is amended to read as
-786-1follows:
2425.40 Low-income fund created.
31. A low-income tax credit and reimbursement fund is
4created. Within the low-income tax credit and reimbursement
5fund, a rent reimbursement account is created under the control
6of the department of health and human services and a tax
7credit account is created under the control of the department
8of revenue. Amounts appropriated to the fund shall first be
9credited to the rent reimbursement account.
102. a. The director of health and human services shall use
11amounts credited to the rent reimbursement account for a fiscal
12year to pay all claims for reimbursement of rent constituting
13property taxes paid for claimants described in section 425.17,
14subsection 2, paragraph “a”, subparagraph (2). If the amount
15appropriated for purposes of this section for a fiscal year
16and credited to the rent reimbursement account is insufficient
17to pay all claims in full, the director of health and human
18services shall pay all such claims on a pro rata basis.
19b. If the amount appropriated for purposes of this section
20for a fiscal year and credited to the rent reimbursement
21account exceeds the amount necessary to pay in full all
22reimbursement claims for the fiscal year, the department of
23health and human services shall transfer such excess amount
24to the department of revenue for deposit in the tax credit
25account. The department of revenue shall use any amounts
26credited to the tax credit account for a fiscal year to pay to
27the counties all claims for credit for property taxes due for
28the fiscal year, or if such amount is insufficient, to pay to
29the counties all such claims on a pro rata basis.
303. In order for the director of revenue or the director
31of health and human services to carry out the requirements of
32 subsection 2, notwithstanding any provision to the contrary in
33this subchapter, claims for reimbursement for rent constituting
34property taxes paid filed before May 1 of the fiscal year
35shall be eligible to be paid in full during the fiscal year
-787-1and those claims filed on or after May 1 of the fiscal year
2shall be eligible to be paid during the following fiscal year
3and the director of revenue is not required to make payments
4to counties for the property tax credit before June 15 of the
5fiscal year.
6 Sec. 1149. Section 426B.1, Code 2023, is amended to read as
7follows:
8426B.1 Appropriations — property tax relief fund.
91. A property tax relief fund is created in the state
10treasury under the authority of the department of health
11and human services. The fund shall be separate from the
12general fund of the state and shall not be considered part
13of the general fund of the state except in determining the
14cash position of the state for payment of state obligations.
15The moneys in the fund are not subject to the provisions of
16section 8.33 and shall not be transferred, used, obligated,
17appropriated, or otherwise encumbered except as provided in
18this chapter. Moneys in the fund may be used for cash flow
19purposes, provided that any moneys so allocated are returned
20to the fund by the end of each fiscal year. However, the
21fund shall be considered a special account for the purposes
22of section 8.53, relating to elimination of any GAAP deficit.
23For the purposes of this chapter, unless the context otherwise
24requires, “property tax relief fund” means the property tax
25relief fund created in this section.
262. Moneys shall be distributed from the property tax relief
27fund to the mental health and disability services regional
28service system for mental health and disabilities disability
29 services, in accordance with the appropriations made to the
30fund and other statutory requirements.
31 Sec. 1150. Section 426B.2, Code 2023, is amended to read as
32follows:
33426B.2 Property tax relief fund payments.
34The director of health and human services shall draw
35warrants on the property tax relief fund, payable to
-788-1the regional administrator in the amount due to a mental
2health and disability services region in accordance with
3statutory requirements, and mail the warrants to the regional
4administrator in July and January of each year.
5 Sec. 1151. Section 426B.4, Code 2023, is amended to read as
6follows:
7426B.4 Rules.
8The mental health and disability services commission shall
9consult with regional administrators and the director of health
10and human services in prescribing forms and adopting rules
11pursuant to chapter 17A to administer this chapter.
12 Sec. 1152. Section 427.9, Code 2023, is amended to read as
13follows:
14427.9 Suspension of taxes, assessments, and rates or charges,
15including interest, fees, and costs.
16If a person is a recipient of federal supplementary security
17income or state supplementary assistance, as defined in
18section 249.1, or is a resident of a health care facility, as
19defined by section 135C.1, which is receiving payment from
20the department of health and human services for the person’s
21care, the person shall be deemed to be unable to contribute to
22the public revenue. The director of health and human services
23shall notify a person receiving such assistance of the tax
24suspension provision and shall provide the person with evidence
25to present to the appropriate county board of supervisors which
26shows the person’s eligibility for tax suspension on parcels
27owned, possessed, or upon which the person is paying taxes
28as a purchaser under contract. The board of supervisors so
29notified, without the filing of a petition and statement as
30specified in section 427.8, shall order the county treasurer to
31suspend the collection of all the taxes, special assessments,
32and rates or charges, including interest, fees, and costs,
33assessed against the parcels and remaining unpaid by the person
34or contractually payable by the person, for such time as the
35person remains the owner or contractually prospective owner
-789-1of the parcels, and during the period the person receives
2assistance as described in this section. The county board of
3supervisors shall annually send to the department of health
4and human services the names and social security numbers of
5persons receiving a tax suspension pursuant to this section.
6The department shall verify the continued eligibility for tax
7suspension of each name on the list and shall return the list
8to the board of supervisors. The director of health and human
9services shall advise the person that the person may apply for
10an additional property tax credit pursuant to sections 425.16
11through 425.37 which shall be credited against the amount of
12the taxes suspended.
13 Sec. 1153. Section 432.13, Code 2023, is amended to read as
14follows:
15432.13 Premium tax exemption — hawk-i Hawki program — state
16employee benefits.
171. Premiums collected by participating insurers under
18chapter 514I are exempt from premium tax.
192. Premiums received for benefits acquired on behalf of
20state employees by the department of administrative services
21pursuant to section 8A.402, subsection 1, and by the state
22board of regents pursuant to chapter 262, are exempt from
23premium tax.
24 Sec. 1154. Section 453A.13, subsection 2, paragraph c, Code
252023, is amended to read as follows:
26c. The department, or a city or county, shall submit
27a duplicate of any application for a retail permit to the
28alcoholic beverages division of the department of commerce
29within thirty days of the issuance. The alcoholic beverages
30division of the department of commerce shall submit the current
31list of all retail permits issued to the Iowa department of
32public health and human services by the last day of each
33quarter of a state fiscal year.
34 Sec. 1155. Section 453A.35A, subsection 2, Code 2023, is
35amended to read as follows:
-790- 12. Moneys in the fund shall be used only for purposes
2related to health care, substance abuse use disorder treatment
3and prevention, and tobacco use prevention, cessation, and
4control.
5 Sec. 1156. Section 453A.47A, subsection 6, Code 2023, is
6amended to read as follows:
76. Issuance. Cities may issue retail permits to retailers
8located within their respective limits. County boards of
9supervisors may issue retail permits to retailers located in
10their respective counties, outside of the corporate limits of
11cities. The city or county shall submit a duplicate of any
12application for a retail permit to the alcoholic beverages
13division of the department of commerce within thirty days of
14issuance of a permit. The alcoholic beverages division of the
15department of commerce shall submit the current list of all
16retail permits issued to the Iowa department of public health
17and human services by the last day of each quarter of a state
18fiscal year.
19 Sec. 1157. Section 455B.190A, subsection 3, paragraph b,
20subparagraph (5), Code 2023, is amended to read as follows:
21(5) The director of public health and human services or the
22director’s designee.
23 Sec. 1158. Section 455B.335A, subsection 1, Code 2023, is
24amended to read as follows:
251. The director shall require that a person who operates
26or proposes to operate a waste incinerator which provides for
27the incineration of pathological radioactive materials conduct
28dispersion modeling, under the direction of the Iowa department
29of public health and human services, for radiological isotopes
30to measure the emission levels of alpha and gamma rays. The
31director shall allow a three-month period during which time the
32operator or person proposing operation of such an incinerator
33shall conduct the required dispersion modeling. In order to
34initiate or continue such incineration, the results of the
35modeling shall provide that the existing incinerator meets
-791-1or the proposed incinerator will meet the emission standards
2established by the United States environmental protection
3agency for a selected isotope.
4 Sec. 1159. Section 455B.427, subsection 2, paragraph c,
5Code 2023, is amended to read as follows:
6c. A summary of serious health problems in the immediate
7vicinity of the site and health problems deemed by the director
8in cooperation with the Iowa department of public health and
9human services to be related to conditions at the site.
10 Sec. 1160. Section 455B.427, subsection 3, unnumbered
11paragraph 1, Code 2023, is amended to read as follows:
12In developing and maintaining the annual report, the
13director shall assess the relative priority of the need for
14action at each site to remedy environmental and health problems
15resulting from the presence of hazardous wastes or hazardous
16substances at the sites. In making assessments of relative
17priority, the director, in cooperation with the Iowa department
18of public health and human services on matters relating to
19public health, shall place every site in one of the following
20classifications:
21 Sec. 1161. Section 455B.427, subsection 5, Code 2023, is
22amended to read as follows:
235. The director shall work with the Iowa department of
24public health and human services when assessing the effects of
25a hazardous waste or hazardous substance disposal site on human
26health.
27 Sec. 1162. Section 455E.11, subsection 2, paragraph a,
28subparagraph (2), subparagraph division (a), subparagraph
29subdivision (i), Code 2023, is amended to read as follows:
30(i) Eight thousand dollars shall be transferred to the Iowa
31 department of public health and human services for departmental
32duties required under section sections 135.11, subsections 18
33and 19, and section 139A.21.
34 Sec. 1163. Section 455E.11, subsection 2, paragraph b,
35subparagraph (1), Code 2023, is amended to read as follows:
-792- 1(1) Nine thousand dollars of the account is appropriated
2to the Iowa department of public health and human services for
3carrying out the departmental duties under section sections
4 135.11, subsections 18 and 19, and section 139A.21.
5 Sec. 1164. Section 455E.11, subsection 2, paragraph
6b, subparagraph (2), subparagraph division (b), unnumbered
7paragraph 1, Code 2023, is amended to read as follows:
8Two percent is appropriated annually to the department and,
9except for administrative expenses, is transferred to the Iowa
10 department of public health and human services for the purpose
11of administering grants to counties and conducting oversight of
12county-based programs for the testing of private rural water
13supply wells, private rural water supply well sealing, and the
14proper closure of private rural abandoned wells and cisterns.
15Not more than thirty-five percent of the moneys is appropriated
16annually for grants to counties for the purpose of conducting
17programs of private rural water supply testing, private rural
18water supply well sealing, the proper closure of private rural
19abandoned wells and cisterns, or any combination thereof.
20An amount agreed to by the department of natural resources
21and the Iowa department of public health and human services
22 shall be retained by the department of natural resources for
23administrative expenses.
24 Sec. 1165. Section 455E.11, subsection 2, paragraph c,
25subparagraph (1), Code 2023, is amended to read as follows:
26(1) The moneys collected pursuant to section 455F.7
27and moneys collected pursuant to section 29C.8A which are
28designated for deposit shall be deposited in the household
29hazardous waste account. Two thousand dollars is appropriated
30annually to the Iowa department of public health and human
31services to carry out departmental duties under section
32 sections 135.11, subsections 18 and 19, and section 139A.21.
33The remainder of the account shall be used to fund the efforts
34of the department to support a collection system for household
35hazardous materials, including public education programs,
-793-1training, and consultation of local governments in the
2establishment and operation of permanent collection systems,
3and the management of collection sites, education programs,
4and other activities pursuant to chapter 455F, including the
5administration of the household hazardous materials retailer
6permit program by the department of revenue.
7 Sec. 1166. Section 455E.11, subsection 2, paragraph d,
8subparagraph (1), Code 2023, is amended to read as follows:
9(1) One thousand dollars is appropriated annually to
10the Iowa department of public health and human services to
11carry out departmental duties under section sections 135.11,
12subsections 18 and 19, and section 139A.21.
13 Sec. 1167. Section 462A.14, subsection 2, paragraph a,
14subparagraph (4), Code 2023, is amended to read as follows:
15(4) Assignment to substance abuse use disorder evaluation
16and treatment, pursuant to subsection 12, and a course for
17drinking drivers.
18 Sec. 1168. Section 462A.14, subsection 2, paragraph b,
19subparagraph (4), Code 2023, is amended to read as follows:
20(4) Assignment to substance abuse use disorder evaluation
21and treatment, pursuant to subsections 12 and 13, and a course
22for drinking drivers.
23 Sec. 1169. Section 462A.14, subsection 2, paragraph c,
24subparagraph (4), Code 2023, is amended to read as follows:
25(4) Assignment to substance abuse use disorder evaluation
26and treatment, pursuant to subsections 12 and 13, and a course
27for drinking drivers.
28 Sec. 1170. Section 462A.14, subsection 2, paragraphs d and
29e, Code 2023, are amended to read as follows:
30d. A class “D” felony for any offense under this
31section resulting in serious injury to persons other than
32the defendant, if the court determines that the person who
33committed the offense caused the serious injury, and shall
34be imprisoned for a determinate sentence of not more than
35five years but not less than thirty days, or committed to the
-794-1custody of the director of the department of corrections, and
2assessed a fine of not less than two thousand five hundred
3dollars nor more than seven thousand five hundred dollars. A
4person convicted of a felony offense may be committed to the
5custody of the director of the department of corrections, who
6shall assign the person to a facility pursuant to section
7904.513. The court shall also order that the person not
8operate a motorboat or sailboat for one year in addition to
9any other period of time the defendant would have been ordered
10not to operate if no injury had occurred in connection with
11the violation. The court shall also assign the defendant to
12substance abuse use disorder evaluation and treatment pursuant
13to subsections 12 and 13, and a course for drinking drivers.
14e. A class “B” felony for any offense under this section
15resulting in the death of persons other than the defendant, if
16the court determines that the person who committed the offense
17caused the death, and shall be imprisoned for a determinate
18sentence of not more than twenty-five years, or committed to
19the custody of the director of the department of corrections.
20A person convicted of a felony offense may be committed to
21the custody of the director of the department of corrections,
22who shall assign the person to a facility pursuant to section
23904.513. The court shall also order that the person not
24operate a motorboat or sailboat for six years. The court shall
25also assign the defendant to substance abuse use disorder
26 evaluation and treatment pursuant to subsections 12 and 13, and
27a course for drinking drivers.
28 Sec. 1171. Section 462A.14, subsection 12, Code 2023, is
29amended to read as follows:
3012. a. All substance abuse use disorder evaluations
31required under this section shall be completed at the
32defendant’s expense.
33b. In addition to assignment to substance abuse use disorder
34 evaluation and treatment under this section, the court shall
35order any defendant convicted under this section to follow the
-795-1recommendations proposed in the substance abuse use disorder
2 evaluation for appropriate substance abuse use disorder
3 treatment for the defendant. Court-ordered substance abuse
4 use disorder treatment is subject to the periodic reporting
5requirements of section 125.86.
6c. If a defendant is committed by the court to a substance
7abuse use disorder treatment facility, the administrator of the
8facility shall report to the court when it is determined that
9the defendant has received the maximum benefit of treatment
10at the facility and the defendant shall be released from the
11facility. The time for which the defendant is committed for
12treatment shall be credited against the defendant’s sentence.
13d. The court may prescribe the length of time for the
14evaluation and treatment or the court may request that the
15community college or licensed substance abuse use disorder
16 program conducting the course for drinking drivers which the
17defendant is ordered to attend or the treatment program to
18which the defendant is committed immediately report to the
19court when the defendant has received maximum benefit from
20the course for drinking drivers or treatment program or has
21recovered from the defendant’s addiction, dependency, or
22tendency to chronically abuse use alcohol or drugs.
23e. Upon successfully completing a course for drinking
24drivers or an ordered substance abuse use disorder treatment
25program, a court may place the defendant on probation for six
26months and as a condition of probation, the defendant shall
27attend a program providing posttreatment services relating to
28substance abuse use disorder as approved by the court.
29f. A defendant committed under this section who does not
30possess sufficient income or estate to make payment of the
31costs of the treatment in whole or in part shall be considered
32a state patient and the costs of treatment shall be paid as
33provided in section 125.44.
34g. A defendant who fails to carry out the order of the
35court shall be confined in the county jail for twenty days in
-796-1addition to any other imprisonment ordered by the court or may
2be ordered to perform unpaid community service work, and shall
3be placed on probation for one year with a violation of this
4probation punishable as contempt of court.
5h. In addition to any other condition of probation, the
6defendant shall attend a program providing substance abuse use
7disorder prevention services or posttreatment services related
8to substance abuse use disorder as ordered by the court. The
9defendant shall report to the defendant’s probation officer as
10ordered concerning proof of attendance at the treatment program
11or posttreatment program ordered by the court. Failure to
12attend or complete the program shall be considered a violation
13of probation and is punishable as contempt of court.
14 Sec. 1172. Section 466B.3, subsection 4, paragraph c, Code
152023, is amended to read as follows:
16c. The director of the department of public health and human
17services or the director’s designee.
18 Sec. 1173. Section 470.5, Code 2023, is amended to read as
19follows:
20470.5 Exceptions.
21This chapter does not apply to buildings used on January 1,
221980, by the division of adult corrections of the department
23of health and human services as maximum security detention
24facilities or to the renovation of property nominated to, or
25entered in the national register of historic places, designated
26by statute, or included in an established list of historic
27places compiled by the historical division of the department of
28cultural affairs.
29 Sec. 1174. Section 476.20, subsection 2, Code 2023, is
30amended to read as follows:
312. The board shall establish rules requiring a regulated
32public utility furnishing gas or electricity to include in
33the utility’s notice of pending disconnection of service a
34written statement advising the customer that the customer
35may be eligible to participate in the low income home energy
-797-1assistance program or weatherization assistance program
2administered by the division of community action agencies
3of the department of health and human rights services. The
4written statement shall list the address and telephone number
5of the local agency which is administering the customer’s low
6income home energy assistance program and the weatherization
7assistance program. The written statement shall also state
8that the customer is advised to contact the public utility
9to settle any of the customer’s complaints with the public
10utility, but if a complaint is not settled to the customer’s
11satisfaction, the customer may file the complaint with the
12board. The written statement shall include the address
13and phone number of the board. If the notice of pending
14disconnection of service applies to a residence, the written
15statement shall advise that the disconnection does not apply
16from November 1 through April 1 for a resident who is a “head
17of household”, as defined in section 422.4, and who has been
18certified to the public utility by the local agency which is
19administering the low income home energy assistance program and
20weatherization assistance program as being eligible for either
21the low income home energy assistance program or weatherization
22assistance program, and that if such a resident resides within
23the serviced residence, the customer should promptly have
24the qualifying resident notify the local agency which is
25administering the low income home energy assistance program and
26weatherization assistance program. The board shall establish
27rules requiring that the written notice contain additional
28information as it deems necessary and appropriate.
29 Sec. 1175. Section 476.51, subsection 5, Code 2023, is
30amended to read as follows:
315. Civil penalties collected pursuant to this section from
32utilities providing water, electric, or gas service shall
33be forwarded by the chief operating officer of the board to
34the treasurer of state to be credited to the general fund of
35the state and to be used only for the low income home energy
-798-1assistance program and the weatherization assistance program
2administered by the division of community action agencies of
3the department of health and human rights services. Civil
4penalties collected pursuant to this section from utilities
5providing telecommunications service shall be forwarded to
6the treasurer of state to be credited to the department of
7commerce revolving fund created in section 546.12 to be used
8only for consumer education programs administered by the board.
9Penalties paid by a rate-regulated public utility pursuant to
10this section shall be excluded from the utility’s costs when
11determining the utility’s revenue requirement, and shall not be
12included either directly or indirectly in the utility’s rates
13or charges to customers.
14 Sec. 1176. Section 476.66, subsection 6, Code 2023, is
15amended to read as follows:
166. The rules established by the utilities board shall
17require an annual report to be filed for each fund. The
18utilities board shall compile an annual statewide report of the
19fund results. The division of community action agencies of the
20 department of health and human rights services shall prepare
21an annual report of the unmet need for energy assistance
22and weatherization. Both reports shall be submitted to the
23appropriations committees of the general assembly on the first
24day of the following session.
25 Sec. 1177. Section 477C.5, subsection 2, paragraph c, Code
262023, is amended to read as follows:
27c. One representative from the office of deaf services of
28the department of health and human rights services.
29 Sec. 1178. Section 478.29, subsection 1, Code 2023, is
30amended to read as follows:
311. A person who violates a provision of this chapter is
32subject to a civil penalty, which may be levied by the board,
33of not more than one hundred dollars per violation or one
34thousand dollars per day of a continuing violation, whichever
35is greater. Civil penalties collected pursuant to this section
-799-1shall be forwarded by the chief operating officer of the board
2to the treasurer of state to be credited to the general fund of
3the state and appropriated to the division of community action
4agencies of the department of health and human rights services
5 for purposes of the low income home energy assistance program
6and the weatherization assistance program.
7 Sec. 1179. Section 479.31, subsection 1, Code 2023, is
8amended to read as follows:
91. A person who violates this chapter or any rule or
10order issued pursuant to this chapter shall be subject to
11a civil penalty levied by the board in accordance with 49
12C.F.R. §190.223. Each day that the violation continues shall
13constitute a separate offense. Civil penalties collected
14pursuant to this section shall be forwarded by the chief
15operating officer of the board to the treasurer of state to be
16credited to the general fund of the state and appropriated to
17the division of community action agencies of the department
18of health and human rights services for purposes of the low
19income home energy assistance program and the weatherization
20assistance program.
21 Sec. 1180. Section 479B.21, subsection 1, Code 2023, is
22amended to read as follows:
231. A person who violates this chapter or any rule or
24order issued pursuant to this chapter shall be subject to a
25civil penalty levied by the board in an amount not to exceed
26one thousand dollars for each violation. Each day that the
27violation continues shall constitute a separate offense.
28However, the maximum civil penalty shall not exceed two hundred
29thousand dollars for any related series of violations. Civil
30penalties collected pursuant to this section shall be forwarded
31by the chief operating officer of the board to the treasurer
32of state to be credited to the general fund of the state and
33appropriated to the division of community action agencies of
34the department of health and human rights services for purposes
35of the low income home energy assistance program and the
-800-1weatherization assistance program.
2 Sec. 1181. Section 483A.24, subsections 7 and 15, Code 2023,
3are amended to read as follows:
47. A license shall not be required of minor pupils of the
5Iowa braille and sight saving school, Iowa school for the deaf,
6or of minor residents of other state institutions under the
7control of an administrator of a division of the department
8of health and human services. In addition, a person who is
9on active duty with the armed forces of the United States,
10on authorized leave from a duty station located outside of
11this state, and a resident of the state of Iowa shall not be
12required to have a license to hunt or fish in this state. The
13military person shall carry the person’s leave papers and a
14copy of the person’s current earnings statement showing a
15deduction for Iowa income taxes while hunting or fishing. In
16lieu of carrying the person’s earnings statement, the military
17person may also claim residency if the person is registered to
18vote in this state. If a deer or wild turkey is taken, the
19military person shall immediately contact a state conservation
20officer to obtain an appropriate tag to transport the animal.
21A license shall not be required of residents of county care
22facilities or any person who is receiving supplementary
23assistance under chapter 249.
2415. The department may issue a permit, subject to conditions
25established by the department, which authorizes patients of a
26substance abuse use disorder facility, residents of health care
27facilities licensed under chapter 135C, tenants of elder group
28homes licensed under chapter 231B, tenants of assisted living
29program facilities licensed under chapter 231C, participants
30who attend adult day services programs licensed under chapter
31231D, participants in services funded under a federal home and
32community-based services waiver implemented under the medical
33assistance program as defined in chapter 249A, and persons
34cared for in juvenile shelter care homes as provided for in
35chapter 232 to fish without a license as a supervised group.
-801-1A person supervising a group pursuant to this subsection may
2fish with the group pursuant to the permit and is not required
3to obtain a fishing license.
4 Sec. 1182. Section 505.16, subsection 2, Code 2023, is
5amended to read as follows:
62. The insurance commissioner shall approve rules for
7carrying out this section including rules relating to the
8preparation of information to be provided before and after a
9test and the protection of confidentiality of personal and
10medical records of insurance applicants and policyholders.
11The rules shall require a person engaged in the business
12of insurance who receives results of a positive human
13immunodeficiency virus test of an insurance applicant or
14policyholder to report those results to a physician or
15alternative testing site of the applicant’s or policyholder’s
16choice, or if the applicant or policyholder does not choose a
17physician or alternative testing site to receive the results,
18to the Iowa department of public health and human services.
19 Sec. 1183. Section 505.25, Code 2023, is amended to read as
20follows:
21505.25 Information provided to medical assistance program,
22hawk-i Hawki program, and child support recovery unit services.
23A carrier, as defined in section 514C.13, shall enter into
24a health insurance data match program with the department of
25health and human services for the sole purpose of comparing the
26names of the carrier’s insureds with the names of recipients of
27the medical assistance program under chapter 249A, individuals
28under the purview of the child support recovery unit services
29 pursuant to chapter 252B, or enrollees of the hawk-i Hawki
30 program under chapter 514I.
31 Sec. 1184. Section 505.34, Code 2023, is amended to read as
32follows:
33505.34 Medical assistance and hawk-i Hawki programs —
34applicability of subtitle.
351. The medical assistance program under chapter 249A and
-802-1the healthy and well kids in Iowa (hawk-i) (Hawki) program
2under chapter 514I shall not be subject to this subtitle unless
3otherwise provided by law.
42. A managed care organization acting pursuant to a contract
5with the department of health and human services to administer
6the medical assistance program under chapter 249A, or the
7healthy and well kids in the Iowa (hawk-i) (Hawki) program
8under chapter 514I, shall not be subject to this subtitle
9unless otherwise provided by law.
10 Sec. 1185. Section 508C.5, subsection 13, paragraph f, Code
112023, is amended to read as follows:
12f. An entity whose only business in this state is operating
13as a managed care organization. For purposes of this
14paragraph, “managed care organization” means an entity that is
15under contract with the Iowa department of health and human
16services to provide services to Medicaid recipients and that
17also meets the definition of “health maintenance organization”
18in section 514B.1.
19 Sec. 1186. Section 509.1, subsection 7, Code 2023, is
20amended to read as follows:
217. A policy issued to the department of health and human
22services, which shall be deemed the policyholder, to insure
23eligible persons for medical assistance, or for both mandatory
24medical assistance and optional medical assistance, as defined
25by chapter 249A as hereafter amended.
26 Sec. 1187. Section 509.3A, subsection 12, Code 2023, is
27amended to read as follows:
2812. The hawk-i Hawki program authorized by chapter 514I.
29 Sec. 1188. Section 510B.1, subsections 9 and 22, Code 2023,
30are amended to read as follows:
319. “Health carrier” means an entity subject to the
32insurance laws and regulations of this state, or subject
33to the jurisdiction of the commissioner, including an
34insurance company offering sickness and accident plans, a
35health maintenance organization, a nonprofit health service
-803-1corporation, or a plan established pursuant to chapter 509A for
2public employees. “Health carrier” does not include any of the
3following:
4a. The department of health and human services.
5b. A managed care organization acting pursuant to a contract
6with the department of health and human services to administer
7the medical assistance program under chapter 249A or the
8healthy and well kids in Iowa (hawk-i) (Hawki) program under
9chapter 514I.
10c. A policy or contract providing a prescription drug
11benefit pursuant to 42 U.S.C.ch.7, subch.XVIII, part D.
12d. A plan offered or maintained by a multiple employer
13welfare arrangement established under chapter 513D before
14January 1, 2022.
1522. “Third-party payor” means any entity other than a
16covered person or a health care provider that is responsible
17for any amount of reimbursement for a prescription drug
18benefit. “Third-party payor” includes health carriers and other
19entities that provide a plan of health insurance or health
20care benefits. “Third-party payor” does not include any of the
21following:
22a. The department of health and human services.
23b. A managed care organization acting pursuant to a contract
24with the department of health and human services to administer
25the medical assistance program under chapter 249A or the
26healthy and well kids in Iowa (hawk-i) (Hawki) program under
27chapter 514I.
28c. A policy or contract providing a prescription drug
29benefit pursuant to 42 U.S.C.ch.7, subch.XVIII, part D.
30 Sec. 1189. Section 513B.2, subsection 8, paragraph l, Code
312023, is amended to read as follows:
32l. The hawk-i Hawki program authorized by chapter 514I.
33 Sec. 1190. Section 513C.3, subsection 12, paragraph d, Code
342023, is amended to read as follows:
35d. Loss of eligibility for the hawk-i Hawki program
-804-1authorized in chapter 514I.
2 Sec. 1191. Section 514.1, subsection 2, paragraph c, Code
32023, is amended to read as follows:
4c. “Subscriber” means an individual who enters into a
5contract for health care services with a corporation subject
6to this chapter and includes a person eligible for mandatory
7medical assistance or optional medical assistance as defined
8under chapter 249A, with respect to whom the department of
9health and human services has entered into a contract with a
10firm operating under this chapter.
11 Sec. 1192. Section 514A.3B, subsection 3, paragraph l, Code
122023, is amended to read as follows:
13l. The hawk-i Hawki program authorized by chapter 514I.
14 Sec. 1193. Section 514B.3, subsection 1, paragraph m, Code
152023, is amended to read as follows:
16m. A description of the procedures and programs to be
17implemented to meet the requirements for quality of health
18care as determined by the director of public health and human
19services under section 514B.4.
20 Sec. 1194. Section 514B.3, subsection 3, Code 2023, is
21amended to read as follows:
223. Upon receipt of an application for a certificate of
23authority, the commissioner shall immediately transmit copies
24of the application and accompanying documents to the director
25of public health and human services and the affected regional
26health planning council, as authorized by Pub.L. No.89-749,
2742 U.S.C. §246(b)2b, for their nonbinding consultation and
28advice.
29 Sec. 1195. Section 514B.4A, Code 2023, is amended to read
30as follows:
31514B.4A Direct provision of health care services.
321. An application for a certificate of authority to
33provide health care services, directly, shall be forwarded
34by the commissioner to the director of public health and
35human services for review, comment, and recommendation, with
-805-1respect to the health care services to be provided directly, to
2assure that the applicant has demonstrated the willingness and
3potential ability to provide the health care services through
4adequate personnel and facilities.
52. Rules proposed by the commissioner for adoption
6for the direct provision of health care services by a
7health maintenance organization, shall be forwarded by the
8commissioner to the director of public health and human
9services for review, comment, and recommendation, prior to
10submission to the administrative rules coordinator pursuant to
11section 17A.4.
123. The director of public health and human services shall
13respond to the commissioner, with respect to an application
14or proposed rule, with any comments or recommendations within
15thirty days of the forwarding of the application or proposed
16rules to the director of public health and human services.
17 Sec. 1196. Section 514B.32, subsection 5, Code 2023, is
18amended to read as follows:
195. The provisions of this chapter shall be applicable to a
20managed care organization acting pursuant to a contract with
21the department of health and human services to administer the
22medical assistance program under chapter 249A, or the healthy
23and well kids in Iowa (hawk-i) (Hawki) program under chapter
24514I, only with respect to licensure and solvency standards
25as evidenced by the managed care organization obtaining
26and maintaining a certificate of authority, and maintaining
27compliance with the solvency standards set forth in this
28chapter.
29 Sec. 1197. Section 514B.33, subsection 5, paragraph a, Code
302023, is amended to read as follows:
31a. For purposes of this section, “limited service
32organization” means an organization providing dental care
33services, vision care services, mental health services,
34substance abuse use disorder services, pharmaceutical services,
35podiatric care services, or such other services as may be
-806-1determined by the commissioner.
2 Sec. 1198. Section 514C.9, subsection 3, paragraph b, Code
32023, is amended to read as follows:
4b. Enroll a child who is eligible for coverage under the
5applicable terms and conditions of the health benefit plan and
6the standard enrollment guidelines of the insurer, without
7regard to any time of enrollment restriction, under dependent
8coverage upon application by the obligee or other legal
9custodian of the child or by the department of health and human
10services in the event an obligor required by a court order or
11administrative order fails to apply for coverage for the child.
12 Sec. 1199. Section 514C.9, subsection 4, Code 2023, is
13amended to read as follows:
144. A group health plan shall establish reasonable
15procedures to determine whether a child is covered under a
16qualified medical child support order issued pursuant to
17chapter 252E.The procedures shall be in writing, provide for
18prompt notice of each person specified in the medical child
19support order as eligible to receive benefits under the group
20health plan upon receipt by the plan of the medical child
21support order, and allow an obligee or other legal custodian
22of the child under chapter 252E to designate a representative
23for receipt of copies of notices in regard to the medical child
24support order that are sent to the obligee or other legal
25custodian of the child and the department of health and human
26services’ child support recovery unit services.
27 Sec. 1200. Section 514C.18, subsection 1, paragraph b,
28subparagraph (2), Code 2023, is amended to read as follows:
29(2) The diabetes self-management training and education
30program is certified by the Iowa department of public health
31and human services. The department shall consult with the
32American diabetes association, Iowa affiliate, in developing
33the standards for certification of diabetes education programs
34that cover at least ten hours of initial outpatient diabetes
35self-management training within a continuous twelve-month
-807-1period and up to two hours of follow-up training for each
2subsequent year for each individual diagnosed by a physician or
3physician assistant with any type of diabetes mellitus.
4 Sec. 1201. Section 514C.27, Code 2023, is amended to read
5as follows:
6514C.27 Mental illness and substance abuse use disorder
7 treatment coverage for veterans.
81. Notwithstanding the uniformity of treatment requirements
9of section 514C.6, a group policy or contract providing for
10third-party payment or prepayment of health or medical expenses
11issued by a carrier, as defined in section 513B.2, shall
12provide coverage benefits to an insured who is a veteran for
13treatment of mental illness and substance abuse use disorder if
14either of the following is satisfied:
15a. The policy or contract is issued to an employer who
16on at least fifty percent of the employer’s working days
17during the preceding calendar year employed more than fifty
18full-time equivalent employees. In determining the number
19of full-time equivalent employees of an employer, employers
20who are affiliated or who are able to file a consolidated tax
21return for purposes of state taxation shall be considered one
22employer.
23b. The policy or contract is issued to a small employer as
24defined in section 513B.2, and such policy or contract provides
25coverage benefits for the treatment of mental illness and
26substance abuse use disorder.
272. Notwithstanding the uniformity of treatment requirements
28of section 514C.6, a plan established pursuant to chapter 509A
29for public employees shall provide coverage benefits to an
30insured who is a veteran for treatment of mental illness and
31substance abuse use disorder as defined in subsection 3.
323. For purposes of this section:
33a. “Mental illness” means mental disorders as defined by the
34commissioner by rule.
35b. “Substance abuse use disorder” means a pattern of
-808-1pathological use of alcohol or a drug that causes impairment
2in social or occupational functioning, or that produces
3physiological dependency evidenced by physical tolerance or by
4physical symptoms when the alcohol or drug is withdrawn.
5c. “Veteran” means the same as defined in section 35.1.
64. The commissioner, by rule, shall define “mental illness”
7consistent with definitions provided in the most recent edition
8of the American psychiatric association’s diagnostic and
9statistical manual of mental disorders, as the definitions may
10be amended from time to time. The commissioner may adopt the
11definitions provided in such manual by reference.
125. This section shall not apply to accident-only,
13specified disease, short-term hospital or medical, hospital
14confinement indemnity, credit, dental, vision, Medicare
15supplement, long-term care, basic hospital and medical-surgical
16expense coverage as defined by the commissioner, disability
17income insurance coverage, coverage issued as a supplement
18to liability insurance, workers’ compensation or similar
19insurance, or automobile medical payment insurance, or
20individual accident and sickness policies issued to individuals
21or to individual members of a member association.
226. A carrier or plan established pursuant to chapter 509A
23may manage the benefits provided through common methods,
24including but not limited to providing payment of benefits or
25providing care and treatment under a capitated payment system,
26prospective reimbursement rate system, utilization control
27system, incentive system for the use of least restrictive and
28least costly levels of care, a preferred provider contract
29limiting choice of specific providers, or any other system,
30method, or organization designed to assure services are
31medically necessary and clinically appropriate.
327. a. A group policy or contract or plan covered under this
33section shall not impose an aggregate annual or lifetime limit
34on mental illness or substance abuse use disorder coverage
35benefits unless the policy or contract or plan imposes an
-809-1aggregate annual or lifetime limit on substantially all medical
2and surgical coverage benefits.
3b. A group policy or contract or plan covered under this
4section that imposes an aggregate annual or lifetime limit on
5substantially all medical and surgical coverage benefits shall
6not impose an aggregate annual or lifetime limit on mental
7illness or substance abuse use disorder coverage benefits which
8is less than the aggregate annual or lifetime limit imposed on
9substantially all medical and surgical coverage benefits.
108. A group policy or contract or plan covered under this
11section shall at a minimum allow for thirty inpatient days
12and fifty-two outpatient visits annually. The policy or
13contract or plan may also include deductibles, coinsurance,
14or copayments, provided the amounts and extent of such
15deductibles, coinsurance, or copayments applicable to other
16medical or surgical services coverage under the policy or
17contract or plan are the same. It is not a violation of this
18section if the policy or contract or plan excludes entirely
19from coverage benefits for the cost of providing the following:
20a. Care that is substantially custodial in nature.
21b. Services and supplies that are not medically necessary or
22clinically appropriate.
23c. Experimental treatments.
249. This section applies to third-party payment provider
25policies or contracts and plans established pursuant to chapter
26509A delivered, issued for delivery, continued, or renewed in
27this state on or after January 1, 2011.
28 Sec. 1202. Section 514E.1, subsection 6, paragraph k, Code
292023, is amended to read as follows:
30k. The hawk-i Hawki program authorized by chapter 514I.
31 Sec. 1203. Section 514F.7, subsection 1, paragraph h, Code
322023, is amended to read as follows:
33h. “Health carrier” means an entity subject to the
34insurance laws and regulations of this state, or subject
35to the jurisdiction of the commissioner, including an
-810-1insurance company offering sickness and accident plans, a
2health maintenance organization, a nonprofit health service
3corporation, a plan established pursuant to chapter 509A
4for public employees, or any other entity providing a plan
5of health insurance, health care benefits, or health care
6services. “Health carrier” does not include a managed care
7organization as defined in 441 IAC 73.1 when the managed care
8organization is acting pursuant to a contract with the Iowa
9 department of health and human services to provide services to
10Medicaid recipients.
11 Sec. 1204. Section 514F.8, subsection 1, paragraph g, Code
122023, is amended to read as follows:
13g. “Health carrier” means an entity subject to the
14insurance laws and regulations of this state, or subject
15to the jurisdiction of the commissioner, including an
16insurance company offering sickness and accident plans, a
17health maintenance organization, a nonprofit health service
18corporation, a plan established pursuant to chapter 509A
19for public employees, or any other entity providing a plan
20of health insurance, health care benefits, or health care
21services. “Health carrier” does not include the department
22of health and human services, or a managed care organization
23acting pursuant to a contract with the department of health
24and human services to administer the medical assistance
25program under chapter 249A or the healthy and well kids in Iowa
26(hawk-i) (Hawki) program under chapter 514I.
27 Sec. 1205. Section 514H.2, subsection 2, Code 2023, is
28amended to read as follows:
292. The insurance division of the department of commerce
30shall administer the program in cooperation with the division
31responsible for medical services within the department
32of health and human services. Each agency shall take all
33necessary actions, including filing an appropriate medical
34assistance state plan amendment to the state Medicaid plan to
35take full advantage of the benefits and features of the Deficit
-811-1Reduction Act of 2005.
2 Sec. 1206. Section 514H.5, subsection 2, Code 2023, is
3amended to read as follows:
42. When the division responsible for medical services
5within the department of health and human services determines
6whether an individual is eligible for medical assistance
7under chapter 249A, the division department shall make an
8asset disregard adjustment for any individual who meets the
9requirements of section 514H.3. The asset disregard shall
10be available after benefits of the qualified long-term care
11insurance policy have been applied to the cost of qualified
12long-term care services as required under this chapter.
13 Sec. 1207. Section 514H.7, subsection 3, Code 2023, is
14amended to read as follows:
153. The insurance division, in cooperation with the
16department of health and human services, shall adopt rules
17to provide an asset disregard to individuals who are covered
18by a long-term care insurance policy prior to November 17,
192005, consistent with the Iowa long-term care asset disregard
20incentive program.
21 Sec. 1208. Section 514H.8, Code 2023, is amended to read as
22follows:
23514H.8 Reciprocal agreements to extend asset disregard.
24The division responsible for medical services within
25the department of health and human services may enter into
26reciprocal agreements with other states to extend the asset
27disregard under section 514H.5 to Iowa residents who had
28purchased or were covered by qualified long-term care insurance
29policies in other states.
30 Sec. 1209. Section 514H.9, Code 2023, is amended to read as
31follows:
32514H.9 Rules.
33The insurance division of the department of commerce in
34cooperation with the department of health and human services
35shall adopt rules pursuant to chapter 17A as necessary to
-812-1administer this chapter.
2 Sec. 1210. Section 514I.1, subsections 2 and 4, Code 2023,
3are amended to read as follows:
42. It is the intent of the general assembly that the program
5be implemented and administered in compliance with Tit.XXI
6of the federal Social Security Act. If, as a condition of
7receiving federal funds for the program, federal law requires
8implementation and administration of the program in a manner
9not provided in this chapter, during a period when the general
10assembly is not in session, the department, with the approval
11of the hawk-i Hawki board, shall proceed to implement and
12administer those provisions, subject to review by the next
13regular session of the general assembly.
144. It is the intent of the general assembly that the
15hawk-i Hawki program be an integral part of the continuum of
16health insurance coverage and that the program be developed
17and implemented in such a manner as to facilitate movement of
18families between health insurance providers and to facilitate
19the transition of families to private sector health insurance
20coverage.
21 Sec. 1211. Section 514I.2, Code 2023, is amended to read as
22follows:
23514I.2 Definitions.
24As used in this chapter, unless the context otherwise
25requires:
261. “Benchmark benefit package” means any of the following:
27a. The standard blue cross/blue shield preferred provider
28option service benefit plan, described in and offered under 5
29U.S.C. §8903(1).
30b. A health benefits coverage plan that is offered and
31generally available to state employees in this state.
32c. The plan of a health maintenance organization as defined
33in 42 U.S.C. §300e, with the largest insured commercial,
34nonmedical assistance enrollment of covered lives in the state.
352. “Cost sharing” means the payment of a premium or
-813-1copayment as provided for by Tit.XXI of the federal Social
2Security Act and section 514I.10.
33. “Department” means the department of health and human
4services.
54. “Director” means the director of health and human
6services.
75. “Eligible child” means an individual who meets the
8criteria for participation in the program under section 514I.8.
96. “Hawk-i Hawki board” or “board” means the entity which
10adopts rules and establishes policy for, and directs the
11department regarding, the hawk-i Hawki program.
127. “Hawk-i Hawki program” or “program” means the healthy and
13well kids in Iowa program created in this chapter to provide
14health insurance coverage to eligible children.
158. “Health insurance coverage” means health insurance
16coverage as defined in 42 U.S.C. §300gg-91.
179. “Participating insurer” means any of the following:
18a. An entity licensed by the division of insurance of the
19department of commerce to provide health insurance in Iowa that
20has contracted with the department to provide health insurance
21coverage to eligible children under this chapter.
22b. A managed care organization acting pursuant to a contract
23with the department of human services to administer the hawk-i
24 Hawki program.
2510. “Qualified child health plan” or “plan” means health
26insurance coverage provided by a participating insurer under
27this chapter.
28 Sec. 1212. Section 514I.3, Code 2023, is amended to read as
29follows:
30514I.3 Hawk-i Hawki program — established.
311. The hawk-i Hawki program, a statewide program designed to
32improve the health of children and to provide health insurance
33coverage to eligible children on a regional basis which
34complies with Tit.XXI of the federal Social Security Act, is
35established and shall be implemented January 1, 1999.
-814- 12. Health insurance coverage under the program shall be
2provided by participating insurers and through qualified child
3health plans.
43. The department of human services is designated to receive
5the state and federal funds appropriated or provided for the
6program, and to submit and maintain the state plan for the
7program, which is approved by the centers for Medicare and
8Medicaid services of the United States department of health and
9human services.
104. Nothing in this chapter shall be construed or is intended
11as, or shall imply, a grant of entitlement for services to
12persons who are eligible for participation in the program based
13upon eligibility consistent with the requirements of this
14chapter. Any state obligation to provide services pursuant to
15this chapter is limited to the extent of the funds appropriated
16or provided for this chapter.
175. Participating insurers under this chapter are not
18subject to the requirements of chapters 513B and 513C.
196. Health care coverage provided under this chapter in
20accordance with Tit.XXI of the federal Social Security Act
21shall be recognized as prior creditable coverage for the
22purposes of private individual and group health insurance
23coverage.
24 Sec. 1213. Section 514I.4, subsection 1, unnumbered
25paragraph 1, Code 2023, is amended to read as follows:
26The director, with the approval of the hawk-i Hawki board,
27shall implement this chapter. The director shall do all of the
28following:
29 Sec. 1214. Section 514I.5, Code 2023, is amended to read as
30follows:
31514I.5 Hawk-i Hawki board.
321. A hawk-i Hawki board for the hawk-i Hawki program is
33established. The board shall meet not less than six and
34not more than twelve times annually, for the purposes of
35establishing policy for, directing the department on, and
-815-1adopting rules for the program. The board shall consist of
2seven voting members and four ex officio, nonvoting members,
3including all of the following:
4a. The commissioner of insurance, or the commissioner’s
5designee.
6b. The director of the department of education, or the
7director’s designee.
8c. The director of public health and human services, or the
9director’s designee.
10d. Four public members appointed by the governor and
11subject to confirmation by the senate. The public members
12shall be members of the general public who have experience,
13knowledge, or expertise in the subject matter embraced within
14this chapter.
15e. Two members of the senate and two members of the house of
16representatives, serving as ex officio, nonvoting members. The
17legislative members of the board shall be appointed one each
18by the majority leader of the senate, after consultation with
19the president of the senate, and by the minority leader of the
20senate, and by the speaker of the house of representatives,
21after consultation with the majority leader of the house of
22representatives, and by the minority leader of the house
23of representatives. Legislative members shall receive
24compensation pursuant to section 2.12.
252. Members appointed by the governor shall serve two-year
26staggered terms as designated by the governor, and legislative
27members of the board shall serve two-year terms. The filling
28of positions reserved for the public representatives,
29vacancies, membership terms, payment of compensation and
30expenses, and removal of the members are governed by chapter
3169. Members of the board are entitled to receive reimbursement
32of actual expenses incurred in the discharge of their duties.
33Public members of the board are also eligible to receive
34compensation as provided in section 7E.6. A majority of the
35voting members constitutes a quorum and the affirmative vote
-816-1of a majority of the voting members is necessary for any
2substantive action to be taken by the board. The members
3shall select a chairperson on an annual basis from among the
4membership of the board.
53. The board shall approve any contract entered into
6pursuant to this chapter. All contracts entered into pursuant
7to this chapter shall be made available to the public.
84. The department of human services shall act as support
9staff to the board.
105. The board may receive and accept grants, loans, or
11advances of funds from any person and may receive and accept
12from any source contributions of money, property, labor, or any
13other thing of value, to be held, used, and applied for the
14purposes of the program.
156. The hawk-i Hawki board shall do all of the following:
16a. Define, in consultation with the department, the regions
17of the state for which plans are offered in a manner as to
18ensure access to services for all children participating in the
19program.
20b. Approve the benefit package design, review the benefit
21package design on a periodic basis, and make necessary changes
22in the benefit design to reflect the results of the periodic
23reviews.
24c. Develop, with the assistance of the department, an
25outreach plan, and provide for periodic assessment of the
26effectiveness of the outreach plan. The plan shall provide
27outreach to families of children likely to be eligible
28for assistance under the program, to inform them of the
29availability of and to assist the families in enrolling
30children in the program. The outreach efforts may include, but
31are not limited to, solicitation of cooperation from programs,
32agencies, and other persons who are likely to have contact
33with eligible children, including but not limited to those
34associated with the educational system, and the development
35of community plans for outreach and marketing. Other state
-817-1agencies shall assist the department in data collection related
2to outreach efforts to potentially eligible children and their
3families.
4d. In consultation with the clinical advisory committee,
5assess the initial health status of children participating in
6the program, establish a baseline for comparison purposes, and
7develop appropriate indicators to measure the subsequent health
8status of children participating in the program.
9e. Review, in consultation with the department, and take
10necessary steps to improve interaction between the program and
11other public and private programs which provide services to the
12population of eligible children.
13f. By January 1, annually, prepare, with the assistance
14of the department, and submit a report to the governor,
15the general assembly, and the council on health and human
16services, concerning the board’s activities, findings, and
17recommendations.
18g. Solicit input from the public regarding the program and
19related issues and services.
20h. Establish and consult with a clinical advisory committee
21to make recommendations to the board regarding the clinical
22aspects of the hawk-i Hawki program.
23i. Prescribe the elements to be included in a health
24improvement program plan required to be developed by a
25participating insurer. The elements shall include but are not
26limited to health maintenance and prevention and health risk
27assessment.
28j. Establish an advisory committee to make recommendations
29to the board and to the general assembly by January 1 annually
30concerning the provision of health insurance coverage to
31children with special health care needs. The committee shall
32include individuals with experience in, knowledge of, or
33expertise in this area. The recommendations shall address, but
34are not limited to, all of the following:
35(1) The definition of the target population of children
-818-1with special health care needs for the purposes of determining
2eligibility under the program.
3(2) Eligibility options for and assessment of children with
4special health care needs for eligibility.
5(3) Benefit options for children with special health care
6needs.
7(4) Options for enrollment of children with special health
8care needs in and disenrollment of children with special health
9care needs from qualified child health plans utilizing a
10capitated fee form of payment.
11(5) The appropriateness and quality of care for children
12with special health care needs.
13(6) The coordination of health services provided for
14children with special health care needs under the program with
15services provided by other publicly funded programs.
16k. Develop options and recommendations to allow children
17eligible for the hawk-i Hawki program to participate in
18qualified employer-sponsored health plans through a premium
19assistance program. The options and recommendations shall
20ensure reasonable alignment between the benefits and costs
21of the hawk-i Hawki program and the employer-sponsored
22health plans consistent with federal law. In addition, the
23board shall implement the premium assistance program options
24described under the federal Children’s Health Insurance Program
25Reauthorization Act of 2009, Pub.L. No.111-3, for the hawk-i
26 Hawki program.
277. The hawk-i Hawki board, in consultation with the
28department of human services, shall adopt rules which address,
29but are not limited to addressing, all of the following:
30a. Implementation and administration of the program.
31b. Qualifying standards for selecting participating insurers
32for the program.
33c. The benefits to be included in a qualified child health
34plan which are those included in a benchmark or benchmark
35equivalent plan and which comply with Tit.XXI of the federal
-819-1Social Security Act. Benefits covered shall include but are
2not limited to all of the following:
3(1) Inpatient hospital services including medical,
4surgical, intensive care unit, mental health, and substance
5abuse use disorder services.
6(2) Nursing care services including skilled nursing
7facility services.
8(3) Outpatient hospital services including emergency room,
9surgery, lab, and x-ray services and other services.
10(4) Physician services, including surgical and medical, and
11including office visits, newborn care, well-baby and well-child
12care, immunizations, urgent care, specialist care, allergy
13testing and treatment, mental health visits, and substance
14abuse use disorder visits.
15(5) Ambulance services.
16(6) Physical therapy.
17(7) Speech therapy.
18(8) Durable medical equipment.
19(9) Home health care.
20(10) Hospice services.
21(11) Prescription drugs.
22(12) Dental services including preventive services.
23(13) Medically necessary hearing services.
24(14) Vision services including corrective lenses.
25(15) Translation and interpreter services as specified
26pursuant to the federal Children’s Health Insurance Program
27Reauthorization Act of 2009, Pub.L. No.111-3.
28(16) Chiropractic services.
29(17) Occupational therapy.
30d. Presumptive eligibility criteria for the program.
31Beginning January 1, 2010, presumptive eligibility shall be
32provided for eligible children.
33e. The amount of any cost sharing under the program which
34shall be assessed based on family income and which complies
35with federal law.
-820- 1f. The reasons for disenrollment including, but not limited
2to, nonpayment of premiums, eligibility for medical assistance
3or other insurance coverage, admission to a public institution,
4relocation from the area, and change in income.
5g. Conflict of interest provisions applicable to
6participating insurers and between public members of the board
7and participating insurers.
8h. Penalties for breach of contract or other violations of
9requirements or provisions under the program.
10i. A mechanism for participating insurers to report any
11rebates received to the department.
12j. The data to be maintained by the department including
13data to be collected for the purposes of quality assurance
14reports.
15k. The use of provider guidelines in assessing the
16well-being of children, which may include the use of the bright
17futures for infants, children, and adolescents program as
18developed by the federal maternal and child health bureau and
19the American academy of pediatrics guidelines for well-child
20care.
218. a. The hawk-i Hawki board may provide approval to the
22director to contract with participating insurers to provide
23dental-only services. In determining whether to provide
24such approval to the director, the board shall take into
25consideration the impact on the overall program of single
26source contracting for dental services.
27b. The hawk-i Hawki board may provide approval to the
28director to contract with participating insurers to provide
29the supplemental dental-only coverage to otherwise eligible
30children who have private health care coverage as specified in
31the federal Children’s Health Insurance Program Reauthorization
32Act of 2009, Pub.L. No.111-3.
339. The hawk-i Hawki board shall monitor the capacity of
34Medicaid managed care organizations acting pursuant to a
35contract with the department to administer the hawk-i Hawki
-821-1 program to specifically and appropriately address the unique
2needs of children and children’s health delivery.
3 Sec. 1215. Section 514I.8, subsection 2, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5A child may participate in the hawk-i Hawki program if the
6child meets all of the following criteria:
7 Sec. 1216. Section 514I.8A, Code 2023, is amended to read
8as follows:
9514I.8A Hawk-i Hawki — all income-eligible children.
10The department shall provide coverage to individuals
11under nineteen years of age who meet the income eligibility
12requirements for the hawk-i Hawki program and for whom federal
13financial participation is or becomes available for the cost
14of such coverage.
15 Sec. 1217. Section 514I.9, subsection 1, Code 2023, is
16amended to read as follows:
171. The hawk-i Hawki board shall review the benefits package
18annually and shall determine additions to or deletions from the
19benefits package offered. The hawk-i Hawki board shall submit
20the recommendations to the general assembly for any amendment
21to the benefits package.
22 Sec. 1218. Section 514I.11, Code 2023, is amended to read
23as follows:
24514I.11 Hawk-i Hawki trust fund.
251. A hawk-i Hawki trust fund is created in the state
26treasury under the authority of the department of human
27services, in which all appropriations and other revenues of the
28program such as grants, contributions, and participant payments
29shall be deposited and used for the purposes of the program.
30The moneys in the fund shall not be considered revenue of the
31state, but rather shall be funds of the program.
322. The trust fund shall be separate from the general fund
33of the state and shall not be considered part of the general
34fund of the state. The moneys in the trust fund are not
35subject to section 8.33 and shall not be transferred, used,
-822-1obligated, appropriated, or otherwise encumbered, except to
2provide for the purposes of this chapter and except as provided
3in subsection 4. Notwithstanding section 12C.7, subsection
42, interest or earnings on moneys deposited in the trust fund
5shall be credited to the trust fund.
63. Moneys in the fund are appropriated to the department and
7shall be used to offset any program costs.
84. The department may transfer moneys appropriated from
9the fund to be used for the purpose of expanding health care
10coverage to children under the medical assistance program.
115. The department shall provide periodic updates to the
12general assembly regarding expenditures from the fund.
13 Sec. 1219. Section 523A.301, Code 2023, is amended to read
14as follows:
15523A.301 Definition.
16As used in sections 523A.302 and 523A.303, “director” means
17the director of health and human services.
18 Sec. 1220. Section 523A.303, subsection 2, paragraph e,
19Code 2023, is amended to read as follows:
20e. A notice in substantially the following form complies
21with this subsection:
22TO: THE DIRECTOR OF HEALTH AND HUMAN SERVICES
23FROM: (SELLER’S NAME, CURRENT ADDRESS, AND TELEPHONE NUMBER)
24You are hereby notified that (name of deceased), who had an
25irrevocable burial trust fund, has died, that final payment
26for cemetery merchandise, funeral merchandise, and funeral
27services has been made, and that (remaining amount) remains in
28the irrevocable burial trust fund.
29The above-named seller must receive a written response
30regarding any claim by the director within sixty days after the
31mailing of this notice to the director.
32If the above-named seller does not receive a written response
33regarding a claim by the director within sixty days after the
34mailing of this notice, the seller may dispose of the remaining
35funds in accordance with section 523A.303, Code of Iowa.
-823-1 Sec. 1221. Section 523A.303, subsection 3, Code 2023, is
2amended to read as follows:
33. Upon receipt of the seller’s written notice, the director
4shall determine if a debt is due the department of health and
5 human services pursuant to section 249A.53. If the director
6determines that a debt is owing, the director shall provide
7a written response to the seller within sixty days after the
8mailing of the seller’s notice. If the director does not
9respond with a claim within the sixty-day period, any claim
10made by the director shall not be enforceable against the
11seller, the trust, or a trustee.
12 Sec. 1222. Section 523I.214, Code 2023, is amended to read
13as follows:
14523I.214 Violations of law — referrals to the Iowa
15 department of public health and human services.
16If the commissioner discovers a violation of a provision
17of this chapter or any other state law or rule concerning the
18disposal or transportation of human remains, the commissioner
19shall forward all evidence in the possession of the
20commissioner concerning such a violation to the Iowa department
21of public health and human services for such proceedings as
22the Iowa department of public health and human services deems
23appropriate.
24 Sec. 1223. Section 523I.701, subsection 6, Code 2023, is
25amended to read as follows:
266. The lawn crypt shall be installed in compliance with any
27applicable law or rule adopted by the Iowa department of public
28 health and human services.
29 Sec. 1224. Section 541A.1, Code 2023, is amended to read as
30follows:
31541A.1 Definitions.
32For the purposes of this chapter, unless the context
33otherwise requires:
341. “Account holder” means an individual who is the owner of
35an individual development account.
-824- 12. “Administrator” means the division of community action
2agencies of the department of human rights.
33. 2. “Charitable contributor” means a nonprofit
4association described in section 501(c)(3) of the Internal
5Revenue Code which makes a deposit to an individual development
6account and which is exempt from taxation under section 501(a)
7of the Internal Revenue Code.
83. “Commission” means the commission on community action
9agencies created in section 216A.92A.
104. “Department” means the department of health and human
11services.
125. “Director” means the director of health and human
13services.
144. 6. “Federal poverty level” means the first poverty
15income guidelines published in the calendar year by the United
16States department of health and human services.
175. 7. “Financial institution” means a financial institution
18approved by the administrator director as an investment
19mechanism for individual development accounts.
206. 8. “Household income” means the annual household
21income of an account holder or prospective account holder,
22as determined in accordance with rules adopted by the
23administrator director.
247. 9. “Individual contributor” means an individual who
25makes a deposit to an individual development account and is not
26the account holder or a charitable contributor.
278. 10. “Individual development account” means either of the
28following:
29a. A financial instrument that is certified to have the
30characteristics described in section 541A.2 by the operating
31organization.
32b. A financial instrument that is certified by the
33operating organization to have the characteristics described
34in and funded by a federal individual development account
35program under which federal and state funding contributed to
-825-1match account holder deposits is deposited by an operating
2organization in accordance with federal law and regulations,
3and which includes but is not limited to any of the programs
4implemented under the following federal laws:
5(1) The federal Personal Responsibility and Work
6Opportunity Act of 1996, 42 U.S.C. §604(h).
7(2) The federal Assets for Independence Act, Pub.L. No.
8105-285, Tit.IV.
99. 11. “Operating organization” means an agency selected
10by the administrator department for involvement in operating
11individual development accounts directed to a specific target
12population.
1310. 12. “Source of principal” means any of the sources of
14a deposit to an individual development account under section
15541A.2, subsection 2.
16 Sec. 1225. Section 541A.2, subsection 7, Code 2023, is
17amended to read as follows:
187. Subject to obtaining any necessary federal waivers, the
19department of human services shall not consider moneys in an
20individual development account and any earnings on the moneys
21in determining the eligibility or need of an individual for
22benefits or assistance or the amount of benefits or assistance
23under the family investment program under chapter 239B, the
24promoting independence and self-sufficiency through employment
25job opportunities and basic skills program, or any other
26program administered by the department of human services.
27 Sec. 1226. Section 541A.3, Code 2023, is amended to read as
28follows:
29541A.3 Individual development accounts — state savings match
30and tax provisions.
31All of the following state savings match and tax provisions
32shall apply to an individual development account:
331. a. Payment by the state of a state savings match on
34amounts of up to two thousand dollars that an account holder
35deposits in the account holder’s account.
-826- 1b. Moneys transferred to an individual development account
2from another individual development account and a state savings
3match received by the account holder in accordance with this
4section shall not be considered an account holder deposit for
5purposes of determining a state savings match.
6c. Payment of a state savings match either shall be
7made directly to the account holder or to an operating
8organization’s central reserve account for later distribution
9to the account holder in the most appropriate manner as
10determined by the administrator department.
11d. Subject to the limitation in paragraph “a”, the state
12savings match shall be equal to one hundred percent of
13the amount deposited by the account holder. However, the
14administrator department may limit, reduce, delay, or otherwise
15revise state savings match payment provisions as necessary to
16restrict the payments to the funding available.
172. Income earned by an individual development account is
18not subject to state tax, in accordance with the provisions of
19section 422.7, subsection 17.
203. Amounts transferred between individual development
21accounts are not subject to state tax.
224. The administrator department shall coordinate the filing
23of claims for a state savings match authorized under subsection
241, between account holders and operating organizations. Claims
25approved by the administrator department may be paid to each
26account holder, for an aggregate amount for distribution to the
27holders of the accounts in a particular financial institution,
28or to an operating organization’s central reserve account
29for later distribution to the account holders depending on
30the efficiency for issuing the state savings match payments.
31Claims shall be initially filed with the administrator
32 department on or before a date established by the administrator
33 department. Claims approved by the administrator department
34 shall be paid from the individual development account state
35savings match fund.
-827-1 Sec. 1227. Section 541A.5, Code 2023, is amended to read as
2follows:
3541A.5 Rules.
41. The commission on community action agencies created
5in section 216A.92A, in consultation with the department of
6administrative services, shall adopt administrative rules to
7administer this chapter.
82. a. The rules adopted by the commission shall include
9but are not limited to provision for transfer of an individual
10development account to a different financial institution than
11originally approved by the administrator department, if the
12different financial institution has an agreement with the
13account’s operating organization.
14b. The rules for determining household income may provide
15categorical eligibility for prospective account holders who are
16enrolled in programs with income eligibility restrictions that
17are equal to or less than the maximum household income allowed
18for payment of a state match under section 541A.3.
19c. Subject to the availability of funding, the commission
20may adopt rules implementing an individual development account
21program for refugees. Rules shall identify purposes authorized
22for withdrawals to meet the special needs of refugee families.
233. The administrator department shall utilize a request for
24proposals process for selection of operating organizations and
25approval of financial institutions.
26 Sec. 1228. Section 541A.6, Code 2023, is amended to read as
27follows:
28541A.6 Compliance with federal requirements.
29The commission on community action agencies shall adopt
30rules for compliance with federal individual development
31account requirements under the federal Personal Responsibility
32and Work Opportunity Reconciliation Act of 1996, §103, as
33codified in 42 U.S.C. §604(h), under the federal Assets
34for Independence Act, Pub.L. No.105-285, Tit.IV, or with
35any other federal individual development account program
-828-1requirements for drawing federal funding. Any rules adopted
2under this section shall not apply the federal individual
3development account program requirements to an operating
4organization which does not utilize federal funding for the
5accounts with which it is connected or to an account holder who
6does not receive temporary assistance for needy families block
7grant or other federal funding.
8 Sec. 1229. Section 541A.7, Code 2023, is amended to read as
9follows:
10541A.7 Individual development account state match fund.
111. An individual development account state match fund
12is created in the state treasury under the authority of the
13administrator department. Notwithstanding section 8.33,
14moneys appropriated to the fund shall not revert to any other
15fund. Notwithstanding section 12C.7, subsection 2, interest
16or earnings on moneys deposited in the fund shall be credited
17to the fund.
182. Moneys available in the fund for a fiscal year are
19appropriated to the administrator department to be used
20to provide the state match for account holder deposits in
21accordance with section 541A.3. At least eighty-five percent
22of the amount appropriated shall be used for state match
23payments and the remainder may be used for the administrative
24costs of the operating organization. Administrative costs
25include but are not limited to accounting services, curriculum
26costs for financial education or asset-specific training, and
27costs for technical assistance contractors.
28 Sec. 1230. Section 589.26, Code 2023, is amended to read as
29follows:
30589.26 Land transfers by the department of health and human
31services legalized.
32Every deed, release or other instrument in writing
33purporting to transfer any interest in land held or claimed by
34the department of health and human services or a predecessor
35agency, which is signed by a departmental official, and which
-829-1was filed of record more than ten years earlier, in the office
2of the auditor or recorder or clerk of the district court of
3any county is legalized and shall be good and valid in law
4and in equity as fully as if the record expressly showed that
5it in all respects complied with and was fully authorized as
6provided in any statute pertaining to such instrument, any
7other provision of law to the contrary notwithstanding.
8 Sec. 1231. Section 595.4, subsection 1, Code 2023, is
9amended to read as follows:
101. Previous to the issuance of any license to marry, the
11parties desiring the license shall sign and file a verified
12application with the county registrar which application
13either may be mailed to the parties at their request or
14may be signed by them at the office of the county registrar
15in the county in which the license is to be issued. The
16application shall include the social security number of each
17applicant and shall set forth at least one affidavit of some
18competent and disinterested person stating the facts as to
19age and qualification of the parties. Upon the filing of the
20application for a license to marry, the county registrar shall
21file the application in a record kept for that purpose and
22shall take all necessary steps to ensure the confidentiality of
23the social security number of each applicant. All information
24included on an application may be provided as mutually agreed
25upon by the division of records and state registrar of vital
26 statistics and the child support recovery unit services,
27including by automated exchange.
28 Sec. 1232. Section 598.7, subsection 1, Code 2023, is
29amended to read as follows:
301. The district court may, on its own motion or on the
31motion of any party, order the parties to participate in
32mediation in any dissolution of marriage action or other
33domestic relations action. Mediation performed under this
34section shall comply with the provisions of chapter 679C.
35The provisions of this section shall not apply if the action
-830-1involves a child support or medical support obligation enforced
2by the child support recovery unit services. The provisions
3of this section shall not apply to actions which involve elder
4abuse pursuant to chapter 235F or domestic abuse pursuant
5to chapter 236. The provisions of this section shall not
6affect a judicial district’s or court’s authority to order
7settlement conferences pursuant to rules of civil procedure.
8The court shall, on application of a party, grant a waiver
9from any court-ordered mediation under this section if the
10party demonstrates that a history of domestic abuse exists as
11specified in section 598.41, subsection 3, paragraph “j”.
12 Sec. 1233. Section 598.21B, subsection 1, paragraphs c and
13d, Code 2023, are amended to read as follows:
14c. It is the intent of the general assembly that, to the
15extent possible within the requirements of federal law, the
16court and the child support recovery unit services consider the
17individual facts of each judgment or case in the application
18of the guidelines and determine the support obligation
19accordingly. It is also the intent of the general assembly
20that in the supreme court’s review of the guidelines, the
21supreme court shall do both of the following:
22(1) Emphasize the ability of a court to apply the guidelines
23in a just and appropriate manner based upon the individual
24facts of a judgment or case.
25(2) In determining monthly child support payments, consider
26other children for whom either parent is legally responsible
27for support and other child support obligations actually paid
28by either party pursuant to a court or administrative order.
29d. The guidelines prescribed by the supreme court shall
30be used by the department of health and human services in
31determining child support payments under sections 252C.2
32and 252C.4. A variation from the guidelines shall not be
33considered by the department without a record or written
34finding, based on stated reasons, that the guidelines would be
35unjust or inappropriate as determined under criteria prescribed
-831-1by the supreme court.
2 Sec. 1234. Section 598.21B, subsection 2, paragraph e, Code
32023, is amended to read as follows:
4e. Special circumstances justifying variation from
5guidelines. Unless the special circumstances of the case
6justify a deviation, the court or the child support recovery
7unit services shall establish a monthly child support payment
8in accordance with the guidelines for a parent who is nineteen
9years of age or younger, who has not received a high school
10or high school equivalency diploma, and to whom each of the
11following apply:
12(1) The parent is attending a school or program described as
13follows or has been identified as one of the following:
14(a) The parent is in full-time attendance at an accredited
15school and is pursuing a course of study leading to a high
16school diploma.
17(b) The parent is attending an instructional program
18leading to a high school equivalency diploma.
19(c) The parent is attending a career and technical education
20program approved pursuant to chapter 258.
21(d) The parent has been identified by the director of
22special education of the area education agency as a child
23requiring special education as defined in section 256B.2.
24(2) The parent provides proof of compliance with the
25requirements of subparagraph (1) to the child support recovery
26unit services, if the unit child support services is providing
27services under chapter 252B, or if the unit child support
28services is not providing services pursuant to chapter 252B, to
29the court as the court may direct. Failure to provide proof of
30compliance under this subparagraph or proof of compliance under
31section 598.21G is grounds for modification of the support
32order using the uniform child support guidelines and imputing
33an income to the parent equal to a forty-hour workweek at the
34state minimum wage, unless the parent’s education, experience,
35or actual earnings justify a higher income.
-832-1 Sec. 1235. Section 598.21C, subsection 2, paragraph b, Code
22023, is amended to read as follows:
3b. This basis for modification is applicable to petitions
4filed on or after July 1, 1992, notwithstanding whether
5the guidelines prescribed by section 598.21B were used in
6establishing the current amount of support. Upon application
7for a modification of an order for child support for which
8services are being received pursuant to chapter 252B, the
9court shall set the amount of child support based upon the
10most current child support guidelines established pursuant
11to section 598.21B, including provisions for medical support
12pursuant to chapter 252E.The child Child support recovery
13unit services shall, in submitting an application for
14modification, adjustment, or alteration of an order for
15support, employ additional criteria and procedures as provided
16in chapter 252H and as established by rule.
17 Sec. 1236. Section 598.21C, subsections 3, 5, and 7, Code
182023, are amended to read as follows:
193. Applicable law. Unless otherwise provided pursuant to
2028 U.S.C. §1738B, a modification of a support order entered
21under chapter 234, 252A, 252C, 600B, this chapter, or any
22other support chapter or proceeding between parties to the
23order is void unless the modification is approved by the
24court, after proper notice and opportunity to be heard is
25given to all parties to the order, and entered as an order
26of the court. If support payments have been assigned to the
27department of health and human services pursuant to section
28234.39, 239B.6, or 252E.11, or if services are being provided
29pursuant to chapter 252B, the department is a party to the
30support order. Modifications of orders pertaining to child
31custody shall be made pursuant to chapter 598B. If the petition
32for a modification of an order pertaining to child custody asks
33either for joint custody or that joint custody be modified to
34an award of sole custody, the modification, if any, shall be
35made pursuant to section 598.41.
-833- 15. Retroactivity of modification. Judgments for child
2support or child support awards entered pursuant to this
3chapter, chapter 234, 252A, 252C, 252F, 600B, or any other
4chapter of the Code which are subject to a modification
5proceeding may be retroactively modified only from three
6months after the date the notice of the pending petition for
7modification is served on the opposing party. The three-month
8limitation applies to a modification action pending on or after
9July 1, 1997. The prohibition of retroactive modification does
10not bar the child support recovery unit services from obtaining
11orders for accrued support for previous time periods. Any
12retroactive modification which increases the amount of child
13support or any order for accrued support under this subsection
14shall include a periodic payment plan. A retroactive
15modification shall not be regarded as a delinquency unless
16there are subsequent failures to make payments in accordance
17with the periodic payment plan.
187. Modification by child support recovery unit
19 services. Notwithstanding any other provision of law to the
20contrary, when an application for modification or adjustment
21of support is submitted by the child support recovery unit
22 services, the sole issues which may be considered by the
23court in that action are the application of the guidelines
24in establishing the amount of support pursuant to section
25598.21B, and provision for medical support under chapter
26252E. When an application for a cost-of-living alteration
27of support is submitted by the child support recovery unit
28 services pursuant to section 252H.24, the sole issue which may
29be considered by the court in the action is the application of
30the cost-of-living alteration in establishing the amount of
31child support. Issues related to custody, visitation, or other
32provisions unrelated to support shall be considered only under
33a separate application for modification.
34 Sec. 1237. Section 598.21G, Code 2023, is amended to read
35as follows:
-834- 1598.21G Minor parent — parenting classes.
2In any order or judgment entered under this chapter or
3chapter 234, 252A, 252C, 252F, or 600B, or under any other
4chapter which provides for temporary or permanent support
5payments, if the parent ordered to pay support is less than
6eighteen years of age, one of the following shall apply:
71. If the child support recovery unit services is
8providing services pursuant to chapter 252B, the court, or
9the administrator as defined in section 252C.1, department of
10health and human services shall order the parent ordered to pay
11support to attend parenting classes which are approved by the
12department of health and human services.
132. If the child support recovery unit services is not
14providing services pursuant to chapter 252B, the court may
15order the parent ordered to pay support to attend parenting
16classes which are approved by the court.
17 Sec. 1238. Section 598.22A, subsection 4, Code 2023, is
18amended to read as follows:
194. Payment of accrued support debt due the department of
20health and human services shall be credited pursuant to section
21252B.3, subsection 5.
22 Sec. 1239. Section 598.22B, Code 2023, is amended to read
23as follows:
24598.22B Information required in order or judgment.
25This section applies to all initial or modified orders
26for paternity or support entered under this chapter, chapter
27234, 252A, 252C, 252F, 252H, 252K, or 600B, or under any other
28chapter, and any subsequent order to enforce such support
29orders.
301. All such orders or judgments shall direct each party
31to file with the clerk of court or the child support recovery
32unit services, as appropriate, upon entry of the order, and to
33update as appropriate, information on location and identity of
34the party, including social security number, residential and
35mailing addresses, electronic mail address, telephone number,
-835-1driver’s license number, and name, address, and telephone
2number of the party’s employer. The order shall also include a
3provision that the information filed will be disclosed and used
4pursuant to this section. The party shall file the information
5with the clerk of court, or, if all support payments are to
6be directed to the collection services center as provided in
7section 252B.14, subsection 2, and section 252B.16, with the
8 child support recovery unit services.
92. All such orders or judgments shall include a statement
10that in any subsequent child support action initiated by the
11 child support recovery unit services or between the parties,
12upon sufficient showing that diligent effort has been made to
13ascertain the location of such a party, the unit child support
14services or the court shall deem due process requirements for
15notice and service of process to be met with respect to the
16party, upon delivery of written notice to the most recent
17residential or employer address filed with the clerk of court
18or unit child support services pursuant to subsection 1.
193. a. Information filed pursuant to subsection 1 shall not
20be a public record.
21b. Information filed with the clerk of court pursuant
22to subsection 1 shall be available to the child support
23recovery unit services, upon request. Beginning October 1,
241998, information filed with the clerk of court pursuant to
25subsection 1 shall be provided by the clerk of court to the
26 child support recovery unit services pursuant to section
27252B.24.
28c. Information filed with the clerk of court shall be
29available, upon request, to a party unless the party filing
30the information also files an affidavit alleging the party has
31reason to believe that release of the information may result in
32physical or emotional harm to the affiant or child. However,
33even if an affidavit has been filed, any information provided
34by the clerk of court to the child support recovery unit
35 services shall be disclosed by the unit child support services
-836-1 as provided in section 252B.9.
2d. Information provided to the unit child support services
3 shall only be disclosed as provided in section 252B.9.
4 Sec. 1240. Section 598.23A, subsection 2, paragraph b,
5subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
6to read as follows:
7The contemnor shall keep a record of and provide the
8following information to the court at the court’s request, or
9to the child support recovery unit established pursuant to
10chapter 252B services created in section 252B.2, at the unit’s
11 request of child support services, when the unit child support
12services is providing enforcement services pursuant to chapter
13252B:
14 Sec. 1241. Section 598.23A, subsection 2, paragraph c,
15subparagraph (3), Code 2023, is amended to read as follows:
16(3) The court order under this paragraph shall be vacated
17only after verification is provided to the court that the
18contemnor has satisfied all accrued obligations owing and that
19the contemnor has satisfied all terms established by the court
20and when the person entitled to receive support payments, or
21the child support recovery unit services when the unit child
22support services is providing enforcement services pursuant
23to chapter 252B, has been provided ten days’ notice and an
24opportunity to object.
25 Sec. 1242. Section 598.26, subsection 1, Code 2023, is
26amended to read as follows:
271. Until a decree of dissolution has been entered, the
28record and evidence shall be closed to all but the court,
29its officers, and the child support recovery unit services
30 of the department of health and human services pursuant to
31section 252B.9. However, the payment records of a temporary
32support order maintained by the clerk of the district court
33are public records and may be released upon request. Payment
34records shall not include address or location information. No
35other person shall permit a copy of any of the testimony, or
-837-1pleading, or the substance of any testimony or pleading, to be
2made available to any person other than a party to the action
3or a party’s attorney. Nothing in this subsection shall be
4construed to prohibit publication of the original notice as
5provided by the rules of civil procedure.
6 Sec. 1243. Section 598.34, subsection 1, unnumbered
7paragraph 1, Code 2023, is amended to read as follows:
8If public assistance is provided by the department of
9health and human services to or on behalf of a dependent child
10or a dependent child’s caretaker, there is an assignment by
11operation of law to the department of any and all rights in,
12title to, and interest in any support obligation, payment, and
13arrearages owed to or for the child or caretaker not to exceed
14the amount of public assistance paid for or on behalf of the
15child or caretaker as follows:
16 Sec. 1244. Section 598.34, subsection 3, Code 2023, is
17amended to read as follows:
183. The clerk shall furnish the department with copies
19of all orders or decrees and temporary or domestic abuse
20orders addressing support when the parties are receiving
21public assistance or services are otherwise provided by the
22 child support recovery unit services pursuant to chapter
23252B.Unless otherwise specified in the order, an equal and
24proportionate share of any child support awarded shall be
25presumed to be payable on behalf of each child subject to the
26order or judgment for purposes of an assignment under this
27section.
28 Sec. 1245. Section 600.2, Code 2023, is amended to read as
29follows:
30600.2 Definitions.
311. “Child”, “parent”, “parent-child relationship”,
32“termination of parental rights”, “biological parent”,
33“stepparent”, “guardian”, “custodian”, “guardian ad litem”,
34“minor”, “adoption service provider”, “certified adoption
35investigator”, “adult”, “agency”, “department”, “court”, and
-838-1“juvenile court” “Adoption service provider”, “adult”, “agency”,
2“biological parent”, “certified adoption investigator”, “child”,
3“court”, “custodian”, “department”, “guardian”, “guardian ad
4litem”, “juvenile court”, “minor”, “parent”, “parent-child
5relationship”, “stepparent”, and “termination of parental rights”
6 mean the same as defined in section 600A.2.
72. “Investigator” means a natural person who is certified or
8approved by the department of human services, after inspection
9by the department of inspections and appeals, as being capable
10of conducting an investigation under section 600.8.
11 Sec. 1246. Section 600.7A, Code 2023, is amended to read as
12follows:
13600.7A Adoption services provided by or through the
14 department of human services — selection of adoptive parent
15criteria.
16The department of human services shall adopt rules which
17provide that if adoption services are provided by or through
18the department, notwithstanding any other selection of
19adoptive parent criteria, the overriding criterion shall be a
20preference for placing a child in a stable home environment as
21expeditiously as possible.
22 Sec. 1247. Section 600.8, subsection 2, paragraph c, Code
232023, is amended to read as follows:
24c. If the person making the investigation does not approve
25a prospective adoption petitioner under paragraph “a” of this
26subsection, the person investigated may appeal the disapproval
27as a contested case to the director of health and human
28services. Judicial review of any adverse decision by the
29director may be sought pursuant to chapter 17A.
30 Sec. 1248. Section 600.16A, subsection 5, Code 2023, is
31amended to read as follows:
325. Notwithstanding subsection 2, a termination of parental
33rights order issued pursuant to this chapter, section 600A.9,
34or any other chapter shall be disclosed to the child support
35recovery unit services, upon request, without court order.
-839-1 Sec. 1249. Section 600.16B, Code 2023, is amended to read
2as follows:
3600.16B Fees.
4The supreme court shall prescribe and the department of
5human services shall adopt rules, to defray the actual cost of
6the provision of information or the opening of records pursuant
7to section 600.16 or 600.16A.
8 Sec. 1250. Section 600.17, unnumbered paragraph 1, Code
92023, is amended to read as follows:
10The department of human services shall, within the limits of
11funds appropriated to the department of human services and any
12gifts or grants received by the department for this purpose,
13provide financial assistance to any person who adopts a child
14with physical or mental disabilities or an older or otherwise
15hard-to-place child, if the adoptive parent has the capability
16of providing a suitable home for the child but the need for
17special services or the costs of maintenance are beyond the
18economic resources of the adoptive parent.
19 Sec. 1251. Section 600.17, subsection 3, Code 2023, is
20amended to read as follows:
213. The department of human services shall make adoption
22presubsidy and adoption subsidy payments to adoptive parents at
23the beginning of the month for the current month.
24 Sec. 1252. Section 600.18, Code 2023, is amended to read as
25follows:
26600.18 Determination of assistance.
271. Any prospective adoptive parent desiring financial
28assistance shall state this fact in the petition for adoption.
29The department of human services shall investigate the person
30petitioning for adoption and the child and shall file with the
31juvenile court or court a statement of whether the department
32will provide assistance as provided in section 600.17, this
33section, and sections 600.19 through 600.22, the estimated
34amount, extent, and duration of assistance, and any other
35information the juvenile court or court may order.
-840- 12. If the department of human services is unable to
2determine that an insurance policy will cover the costs of
3special services, it shall proceed as if no policy existed, for
4the purpose of determining eligibility to receive assistance.
5The department shall, to the amount of financial assistance
6given, be subrogated to the rights of the adoptive parent in
7the insurance contract.
8 Sec. 1253. Section 600.22, Code 2023, is amended to read as
9follows:
10600.22 Rules.
11The department of human services shall adopt rules in
12accordance with the provisions of chapter 17A, which are
13necessary for the administration of sections 600.17 through
14600.21 and 600.23.
15 Sec. 1254. Section 600.23, subsection 1, Code 2023, is
16amended to read as follows:
171. Purpose. The department of human services may enter
18into interstate agreements with state agencies of other states
19for the protection of children on behalf of whom adoption
20subsidy is being provided by the department of human services
21 and to provide procedures for interstate children’s adoption
22assistance payments, including medical payments.
23 Sec. 1255. Section 600.23, subsection 2, paragraphs a and b,
24Code 2023, are amended to read as follows:
25a. The Iowa department of human services may enter into
26interstate agreements with state agencies of other states for
27the provision of medical services to adoptive families who
28participate in the subsidized adoption or adoption assistance
29program.
30b. The Iowa department of human services may develop,
31participate in the development of, negotiate, and enter into
32one or more interstate compacts on behalf of this state with
33other states to implement one or more of the purposes set forth
34in this section. When so entered into, and for so long as it
35shall remain in force, such a compact shall have the force and
-841-1effect of law.
2 Sec. 1256. Section 600.23, subsection 4, paragraphs a, b,
3and c, Code 2023, are amended to read as follows:
4a. A child with special needs residing in this state who is
5the subject of an adoption assistance agreement with another
6state shall be entitled to receive a medical assistance card
7from this state upon the filing of a certified copy of the
8adoption assistance agreement obtained from the adoption
9assistance state. In accordance with regulations of the Iowa
10 department of human services, the adoptive parents shall be
11required at least annually to show that the agreement is still
12in force or has been renewed.
13b. The Iowa department of human services shall consider the
14holder of a medical assistance card pursuant to this section as
15any other holder of a medical assistance card under the laws
16of this state and shall process and make payment on claims
17on account of such holder in the same manner and pursuant to
18the same conditions and procedures as for other recipients of
19medical assistance.
20c. The Iowa department of human services shall provide
21coverage and benefits for a child who is in another state and
22who is covered by an adoption subsidy agreement made prior
23to July 1, 1987, by the Iowa department of human services
24 for the coverage or benefits, if any, not provided by the
25residence state. The adoptive parents acting for the child may
26submit evidence of payment for services or benefit amounts not
27payable in the residence state and shall be reimbursed for such
28expense. However, reimbursement shall not be made for services
29or benefit amounts covered under any insurance or other third
30party medical contract or arrangement held by the child or the
31adoptive parents. The additional coverages and benefit amounts
32provided pursuant to this subsection shall be for services to
33the cost of which there is no federal contribution, or which,
34if federally aided, are not provided by the residence state.
35Such regulations shall include procedures to be followed in
-842-1obtaining prior approvals for services in those instances where
2required for the assistance.
3 Sec. 1257. Section 600A.2, subsections 5 and 9, Code 2023,
4are amended to read as follows:
55. “Certified adoption investigator” means a person who is
6certified and approved by the department of human services,
7after inspection by the department of inspections and appeals,
8as being capable of conducting an investigation under section
9600.8.
109. “Department” means the state department of health and
11 human services or its subdivisions.
12 Sec. 1258. Section 600A.4, subsection 2, paragraph d,
13subparagraph (2), Code 2023, is amended to read as follows:
14(2) If accepted, the counseling shall be provided after
15the birth of the child and prior to the signing of a release
16of custody or the filing of a petition for termination of
17parental rights as applicable. Counseling shall be provided
18only by a person who is qualified under rules adopted by the
19department of human services which shall include a requirement
20that the person complete a minimum number of hours of training
21in the area of adoption-related counseling approved by the
22department. If counseling is accepted, the counselor shall
23provide an affidavit, which shall be attached to the release of
24custody, when practicable, certifying that the counselor has
25provided the biological parent with the requested counseling
26and documentation that the person is qualified to provide the
27requested counseling as prescribed by this paragraph “d”. The
28requirements of this paragraph “d” do not apply to a release
29of custody which is executed for the purposes of a stepparent
30adoption.
31 Sec. 1259. Section 600A.8, subsection 8, paragraph a, Code
322023, is amended to read as follows:
33a. The parent has been determined to be a person with a
34substance-related substance use disorder as defined in section
35125.2 and the parent has committed a second or subsequent
-843-1domestic abuse assault pursuant to section 708.2A.
2 Sec. 1260. Section 600B.38, subsections 1 and 3, Code 2023,
3are amended to read as follows:
41. If public assistance is provided by the department of
5health and human services to or on behalf of a dependent child
6or a dependent child’s caretaker, there is an assignment by
7operation of law to the department of any and all rights in,
8title to, and interest in any support obligation, payment, and
9arrearages owed to or on behalf of the child or caretaker, not
10to exceed the amount of public assistance paid for or on behalf
11of the child or caretaker as follows:
12a. For family investment program assistance, section 239B.6
13shall apply.
14b. For foster care services, section 234.39 shall apply.
15c. For medical assistance, section 252E.11 shall apply.
163. The clerk shall furnish the department with copies of
17all orders or decrees and temporary or domestic abuse orders
18addressing support when the parties are receiving public
19assistance or services are otherwise provided by the child
20support recovery unit services. Unless otherwise specified
21in the order, an equal and proportionate share of any child
22support awarded shall be presumed to be payable on behalf of
23each child subject to the order or judgment for purposes of an
24assignment under this section.
25 Sec. 1261. Section 600B.41A, subsection 3, paragraph c,
26subparagraph (1), Code 2023, is amended to read as follows:
27(1) If enforcement services are being provided by the
28 child support recovery unit services pursuant to chapter 252B,
29notice shall also be served on the child support recovery unit
30 services.
31 Sec. 1262. Section 600B.41A, subsection 11, Code 2023, is
32amended to read as follows:
3311. Participation of the child support recovery unit
34 services created in section 252B.2 in an action brought under
35this section shall be limited as follows:
-844- 1a. The unit Child support services shall only participate
2in actions if services are being provided by the unit child
3support services pursuant to chapter 252B.
4b. When services are being provided by the unit child
5support services under chapter 252B, the unit child support
6services may enter an administrative order for blood and
7genetic tests pursuant to chapter 252F.
8c. The unit Child support services is not responsible for or
9required to provide for or assist in obtaining blood or genetic
10tests in any case in which services are not being provided by
11the unit child support services.
12d. The unit Child support services is not responsible for
13the costs of blood or genetic testing conducted pursuant to an
14action brought under this section.
15e. Pursuant to section 252B.7, subsection 4, an attorney
16employed by the unit child support services represents the
17state in any action under this section. The unit’s Child
18support services’ attorney is not the legal representative of
19the mother, the established father, or the child in any action
20brought under this section.
21 Sec. 1263. Section 600C.1, subsection 3, paragraph c,
22subparagraph (2), subparagraph division (f), Code 2023, is
23amended to read as follows:
24(f) Drug abuse Substance use disorder.
25 Sec. 1264. Section 602.4201, subsection 3, paragraph h,
26Code 2023, is amended to read as follows:
27h. Involuntary commitment or treatment of persons with
28substance-related disorders a substance use disorder.
29 Sec. 1265. Section 602.6111, subsection 2, Code 2023, is
30amended to read as follows:
312. Any party, except the child support recovery unit
32 services, filing a petition, complaint, answer, appearance,
33first motion, or any document with the clerk of the district
34court to establish or modify an order for child support
35under chapter 236, 252A, 252K, 598, or 600B shall provide the
-845-1clerk of the district court with the date of birth and social
2security number of the child.
3 Sec. 1266. Section 602.6405, subsection 2, paragraph b,
4Code 2023, is amended to read as follows:
5b. Magistrates shall forward copies of citations issued
6for violations of section 453A.2, subsection 2, and of their
7dispositions to the clerk of the district court. The clerk of
8the district court shall maintain records of citations issued
9and the dispositions of citations, and shall forward a copy of
10the records to the Iowa department of public health and human
11services.
12 Sec. 1267. Section 602.8102, subsections 33, 43, and 47,
13Code 2023, are amended to read as follows:
1433. Furnish to the Iowa department of public health and
15human services a certified copy of a judgment relating to the
16suspension or revocation of a professional license.
1743. Submit to the director of the division of child and
18family services of the department of health and human services
19a duplicate of the findings of the court related to adoptions
20as provided in section 235.3, subsection 7.
2147. Record support payments made pursuant to an order
22entered under chapter 252A, 252F, 598, or 600B, or under a
23comparable statute of another state or foreign country as
24defined in chapter 252K, and through setoff of a state or
25federal income tax refund or rebate, as if the payments were
26received and disbursed by the clerk; forward support payments
27received under section 252A.6 to the department of health
28and human services and furnish copies of orders and decrees
29awarding support to parties receiving welfare public assistance
30as provided in section 252A.13.
31 Sec. 1268. Section 602.8103, subsection 4, paragraph j,
32Code 2023, is amended to read as follows:
33j. Court reporters’ notes and certified transcripts of
34those notes in mental health hearings under section 229.12 and
35substance abuse use disorder hearings under section 125.82,
-846-1ninety days after the respondent has been discharged from
2involuntary custody.
3 Sec. 1269. Section 613.17, subsection 2, paragraph b, Code
42023, is amended to read as follows:
5b. A person or entity that owns, manages, or is otherwise
6responsible for the premises on which an automated external
7defibrillator is located if the person or entity maintains the
8automated external defibrillator in a condition for immediate
9and effective use at all times, subject to standards developed
10by the department of public health and human services by rule.
11 Sec. 1270. Section 622.10, subsection 6, paragraph a, Code
122023, is amended to read as follows:
13a. The fee charged for the cost of producing the requested
14records or images shall be based upon the actual cost
15of production. If the written request and accompanying
16patient’s waiver, if required, authorizes the release of
17all of the patient’s records for the requested time period,
18including records relating to the patient’s mental health,
19substance abuse use disorder, and acquired immune deficiency
20syndrome-related conditions, the amount charged shall not
21exceed the rates established by the workers’ compensation
22commissioner for copies of records in workers’ compensation
23cases. If requested, the provider shall include an affidavit
24certifying that the records or images produced are true and
25accurate copies of the originals for an additional fee not to
26exceed ten dollars.
27 Sec. 1271. Section 622A.7, Code 2023, is amended to read as
28follows:
29622A.7 Rules.
30The supreme court, after consultation with the department
31of health and human rights services and other appropriate
32departments, shall adopt rules governing the qualifications and
33compensation of interpreters or translators appearing in legal
34proceedings under this chapter. However, an administrative
35agency which is subject to chapter 17A may adopt rules
-847-1differing from those of the supreme court governing the
2qualifications and compensation of interpreters or translators
3appearing in proceedings before that agency.
4 Sec. 1272. Section 622B.1, subsection 2, Code 2023, is
5amended to read as follows:
62. The supreme court, after consultation with the
7department of health and human rights services, shall adopt
8rules governing the qualifications and compensation of sign
9language interpreters appearing in a legal proceeding or before
10an administrative agency under this chapter. However, an
11administrative agency which is subject to chapter 17A may adopt
12rules differing from those of the supreme court governing the
13qualifications and compensation of sign language interpreters
14appearing in proceedings before that agency.
15 Sec. 1273. Section 622B.4, Code 2023, is amended to read as
16follows:
17622B.4 List.
18The office of deaf services of the department of health
19and human rights services shall prepare and continually
20update a listing of qualified and available sign language
21interpreters. The courts and administrative agencies shall
22maintain a directory of qualified interpreters for deaf and
23hard-of-hearing persons as furnished by the department of
24health and human rights services. The office of deaf services
25of the department of health and human services shall maintain
26a list of sign language interpreters which shall be made
27available to a court, administrative agency, or interested
28parties to an action using the services of a sign language
29interpreter.
30 Sec. 1274. Section 626.29, Code 2023, is amended to read as
31follows:
32626.29 Distress warrant by director of revenue, director of
33inspections and appeals, or director of workforce development.
34In the service of a distress warrant issued by the director
35of revenue for the collection of taxes administered by or debts
-848-1to be collected by the department of revenue, in the service of
2a distress warrant issued by the director of inspections and
3appeals for the collection of overpayment debts owed to the
4department of health and human services, or in the service of a
5distress warrant issued by the director of the department of
6workforce development for the collection of employment security
7contributions, the property of the taxpayer or the employer in
8the possession of another, or debts due the taxpayer or the
9employer, may be reached by garnishment.
10 Sec. 1275. Section 633.231, Code 2023, is amended to read
11as follows:
12633.231 Notice in intestate estates — medical assistance
13claims.
141. Upon opening administration of an intestate estate,
15the administrator shall, in accordance with section 633.410,
16provide by electronic transmission on a form approved by
17the department of health and human services to the entity
18designated by the department of health and human services,
19a notice of opening administration of the estate and of
20the appointment of the administrator, which shall include a
21notice to file claims with the clerk or to provide electronic
22notification to the administrator that the department has no
23claim within six months from the date of sending this notice,
24or thereafter be forever barred.
252. The notice shall be in substantially the following form:
26In the District Court of Iowa
27in and for ..... County.
28In the Estate ofProbate No.....
29....., Deceased
30NOTICE OF OPENING
31ADMINISTRATION OF
32ESTATE, OF APPOINTMENT OF
33ADMINISTRATOR, AND
34NOTICE TO CREDITOR
35To the Department of Health and Human Services Who May Be
-849-1Interested in the Estate of ....., Deceased, who died on or
2about ...... (date):
3You are hereby notified that on the .. day of ... (month),
4... (year), an intestate estate was opened in the above-named
5court and that ..... was appointed administrator of the
6estate.
7You are further notified that the birthdate of the
8deceased is ... and the deceased’s social security number
9is ...-...-.... The name of the spouse is ......... The
10birthdate of the spouse is ... and the spouse’s social
11security number is ...-...-...., and that the spouse of the
12deceased is alive as of the date of this notice, or deceased as
13of ...... (date).
14You are further notified that the deceased was/was not a
15disabled or a blind child of the medical assistance recipient
16by the name of ....., who had a birthdate of ... and a social
17security number of ...-...-...., and the medical assistance
18debt of that medical assistance recipient was waived pursuant
19to section 249A.53, subsection 2, paragraph “a”, subparagraph
20(1), and is now collectible from this estate pursuant to
21section 249A.53, subsection 2, paragraph “b”.
22Notice is hereby given that if the department of health
23and human services has a claim against the estate for the
24deceased person or persons named in this notice, the claim
25shall be filed with the clerk of the above-named district
26court, as provided by law, duly authenticated, for allowance,
27within six months from the date of sending this notice and,
28unless otherwise allowed or paid, the claim is thereafter
29forever barred. If the department does not have a claim, the
30department shall return the notice to the administrator with
31notification stating the department does not have a claim
32within six months from the date of sending this notice.
33Dated this .. day of ... (month), ... (year)
34....................
35Administrator of the estate
-850-1....................
2Address
3....................
4Attorney for the administrator
5....................
6Address
7 Sec. 1276. Section 633.304A, Code 2023, is amended to read
8as follows:
9633.304A Notice of probate of will — medical assistance
10claims.
111. On admission of a will to probate, the executor shall,
12in accordance with section 633.410, provide by electronic
13transmission on a form approved by the department of health and
14 human services to the entity designated by the department of
15health and human services, a notice of admission of the will
16to probate and of the appointment of the executor, which shall
17include a notice to file claims with the clerk or to provide
18electronic notification to the executor that the department
19has no claim within six months of sending this notice, or
20thereafter be forever barred.
212. The notice shall be in substantially the following form:
22In the District Court of Iowa
23in and for ..... County.
24Probate No. ....
25In the Estate ofNOTICE OF PROBATE OF WILL,
26....., DeceasedOF APPOINTMENT OF
27EXECUTOR, AND
28NOTICE TO CREDITORS
29To the Department of Health and Human Services, Who May Be
30Interested in the Estate of ....., Deceased, who died on or
31about ...... (date):
32You are hereby notified that on the .. day of ...(month),
33...(year), the last will and testament of ......, deceased,
34bearing date of the .. day of ... (month), ... (year) was
35admitted to probate in the above-named court and that ......
-851-1was appointed executor of the estate.
2You are further notified that the birthdate of the
3deceased is ... and the deceased’s social security number is
4...-...-.... The name of the spouse is ...... The birthdate
5of the spouse is ... and the spouse’s social security number
6is ...-...-...., and that the spouse of the deceased is alive
7as of the date of this notice, or deceased as of ..... (date).
8You are further notified that the deceased was/was not a
9disabled or a blind child of the medical assistance recipient
10by the name of ......, who had a birthdate of .... and a social
11security number of ...-...-...., and the medical assistance
12debt of that medical assistance recipient was waived pursuant
13to section 249A.53, subsection 2, paragraph “a”, subparagraph
14(1), and is now collectible from this estate pursuant to
15section 249A.53, subsection 2, paragraph “b”.
16Notice is hereby given that if the department of health
17and human services has a claim against the estate for the
18deceased person or persons named in this notice, the claim
19shall be filed with the clerk of the above-named district
20court, as provided by law, duly authenticated, for allowance
21within six months from the date of sending this notice and,
22unless otherwise allowed or paid, the claim is thereafter
23forever barred. If the department does not have a claim,
24the department shall return the notice to the executor with
25notification that the department does not have a claim within
26six months from the date of sending this notice.
27Dated this .. day of ... (month), ... (year)
28......
29Executor of estate
30........
31Address
32......
33Attorney for executor
34........
35Address
-852-1 Sec. 1277. Section 633.336, Code 2023, is amended to read
2as follows:
3633.336 Damages for wrongful death.
4When a wrongful act produces death, damages recovered as a
5result of the wrongful act shall be disposed of as personal
6property belonging to the estate of the deceased; however, if
7the damages include damages for loss of services and support
8of a deceased spouse, parent, or child, the damages shall be
9apportioned by the court among the surviving spouse, children,
10and parents of the decedent in a manner as the court may deem
11equitable consistent with the loss of services and support
12sustained by the surviving spouse, children, and parents
13respectively. Any recovery by a parent for the death of a
14child shall be subordinate to the recovery, if any, of the
15spouse or a child of the decedent. If the decedent leaves
16a spouse, child, or parent, damages for wrongful death shall
17not be subject to debts and charges of the decedent’s estate,
18except for amounts to be paid to the department of health
19and human services for payments made for medical assistance
20pursuant to chapter 249A, paid on behalf of the decedent from
21the time of the injury which gives rise to the decedent’s death
22up until the date of the decedent’s death.
23 Sec. 1278. Section 633.356, subsection 3, paragraph a,
24subparagraph (9), Code 2023, is amended to read as follows:
25(9) That no debt is owed to the department of health and
26 human services for reimbursement of Medicaid benefits; or if
27debt is owed, that the debt will be paid to the extent of funds
28received pursuant to the affidavit.
29 Sec. 1279. Section 633.356, subsection 8, paragraph b, Code
302023, is amended to read as follows:
31b. When the department of health and human services is
32entitled to money or property of a decedent pursuant to section
33249A.53, subsection 2, and no affidavit has been presented by
34a successor as defined in subsection 2, paragraph “a” or “b”,
35within ninety days of the date of the decedent’s death, the
-853-1funds in the account or other property, up to the amount of
2the claim of the department, shall be paid to the department
3upon presentation by the department or an entity designated by
4the department of an affidavit to the holder of the decedent’s
5property. Such affidavit shall include the information
6specified in subsection 3, except that the department may
7submit proof of payment of funeral expenses as verification
8of the decedent’s death instead of a certified copy of the
9decedent’s death certificate. The amount of the department’s
10claim shall also be included in the affidavit, which shall
11entitle the department to receive the funds as a successor.
12The department shall issue a refund within sixty days to any
13claimant with a superior priority pursuant to section 633.425,
14if notice of such claim is given to the department, or to the
15entity designated by the department to receive notice, within
16one year of the department’s receipt of funds. This paragraph
17shall apply to funds or property of the decedent transferred
18to the custody of the treasurer of state as unclaimed property
19pursuant to chapter 556.
20 Sec. 1280. Section 633.410, subsection 2, Code 2023, is
21amended to read as follows:
222. Notwithstanding subsection 1, claims for debts created
23under section 249A.53, subsection 2, relating to the recovery
24of medical assistance payments shall be barred under this
25section unless filed with the clerk within six months after
26sending notice by electronic transmission, on the form
27prescribed in section 633.231 for intestate estates or on the
28form prescribed in section 633.304A for testate estates, to
29the entity designated by the department of health and human
30services to receive notice.
31 Sec. 1281. Section 633.564, subsection 3, Code 2023, is
32amended to read as follows:
333. The judicial branch, in conjunction with the department
34of public safety, the department of health and human services,
35and the state chief information officer, shall establish
-854-1procedures for electronic access to the single contact
2repository established pursuant to section 135C.33 necessary to
3conduct background checks requested under subsection 1.
4 Sec. 1282. Section 633.641, subsection 4, Code 2023, is
5amended to read as follows:
64. The conservator shall report to the department of health
7and human services the protected person’s assets and income,
8if the protected person is receiving medical assistance under
9chapter 249A. Such reports shall be made upon establishment of
10a conservatorship for an individual applying for or receiving
11medical assistance, upon application for benefits on behalf
12of the protected person, upon annual or semiannual review of
13continued medical assistance eligibility, when any significant
14change in the protected person’s assets or income occurs, or
15as otherwise requested by the department of health and human
16services. Written reports shall be provided to the department
17of health and human services office for the county in which the
18protected person resides or the office in which the protected
19person’s medical assistance is administered.
20 Sec. 1283. Section 633B.120, subsection 2, paragraph f,
21Code 2023, is amended to read as follows:
22f. The person makes, or has actual knowledge that another
23person has made, a report to the department of health and human
24services stating a good-faith belief that the principal may be
25subject to physical or financial abuse, neglect, exploitation,
26or abandonment by the agent or a person acting for or with the
27agent.
28 Sec. 1284. Section 633C.1, Code 2023, is amended to read as
29follows:
30633C.1 Definitions.
31For purposes of this chapter, unless the context otherwise
32requires:
331. “Available monthly income” means in reference to a
34medical assistance income trust beneficiary, any income
35received directly by the beneficiary, not from the trust,
-855-1that counts as income in determining eligibility for medical
2assistance and any amounts paid to or otherwise made available
3to the beneficiary by the trustee pursuant to section 633C.3,
4subsection 1, paragraph “b”, or section 633C.3, subsection 2,
5paragraph “b”.
62. “Beneficiary” means the original beneficiary of a medical
7assistance special needs trust or medical assistance income
8trust, whose assets funded the trust.
93. “Department” means the department of health and human
10services.
113. 4. “Institutionalized individual” means an individual
12receiving nursing facility services, a level of care in any
13institution equivalent to nursing facility services, or home
14and community-based services under the medical assistance home
15and community-based services waiver program.
164. 5. “Maximum monthly medical assistance payment rate for
17services in an intermediate care facility for persons with an
18intellectual disability” means the allowable rate established by
19the department of human services and as published in the Iowa
20administrative bulletin.
215. 6. “Medical assistance” means medical assistance as
22defined in section 249A.2.
236. 7. “Medical assistance income trust” means a trust or
24similar legal instrument or device that meets the criteria of
2542 U.S.C. §1396p(d)(4)(B)(i)-(ii).
267. 8. “Medical assistance special needs trust” means a trust
27or similar legal instrument or device that meets the criteria
28of 42 U.S.C. §1396p(d)(4)(A) or (C).
298. 9. “Statewide average charge for state mental health
30institute care” means the statewide average charge for such
31care as calculated by the department of human services and as
32published in the Iowa administrative bulletin.
339. 10. “Statewide average charge for nursing facility
34services” means the statewide average charge for such care,
35excluding charges by Medicare-certified, skilled nursing
-856-1facilities, as calculated by the department of human services
2 and as published in the Iowa administrative bulletin.
310. 11. “Statewide average charge to private-pay patients
4for psychiatric medical institutions for children care” means
5the statewide average charge for such care as calculated by
6the department of human services and as published in the Iowa
7administrative bulletin.
811. 12. “Total monthly income” means in reference to a
9medical assistance income trust beneficiary, income received
10directly by the beneficiary, not from the trust, that counts
11as income in determining eligibility for medical assistance,
12income of the beneficiary received by the trust that would
13otherwise count as income in determining the beneficiary’s
14eligibility for medical assistance, and income or earnings of
15the trust received by the trust.
16 Sec. 1285. Section 633C.5, Code 2023, is amended to read as
17follows:
18633C.5 Cooperation.
191. The department of human services shall cooperate with
20the trustee of a medical assistance special needs trust or a
21medical assistance income trust in determining the appropriate
22disposition of the trust under sections 633C.2 and 633C.3.
232. The trustee of a medical assistance special needs trust
24or medical assistance income trust shall cooperate with the
25department of human services in supplying information regarding
26a trust established under this chapter.
27 Sec. 1286. Section 642.2, subsection 4, Code 2023, is
28amended to read as follows:
294. Notwithstanding subsections 2, 3, 6, and 7, any moneys
30owed to the child support obligor by the state, with the
31exception of unclaimed property held by the treasurer of
32state pursuant to chapter 556, and payments owed to the child
33support obligor through the Iowa public employees’ retirement
34system are subject to garnishment, attachment, execution, or
35assignment by the child support recovery unit services if the
-857-1 child support recovery unit services is providing enforcement
2services pursuant to chapter 252B. Any moneys that are
3determined payable by the treasurer pursuant to section 556.20,
4subsection 2, to the child support obligor shall be subject
5to setoff pursuant to section 8A.504, notwithstanding any
6administrative rule pertaining to the child support recovery
7unit services limiting the amount of the offset.
8 Sec. 1287. Section 669.2, subsection 4, paragraph a, Code
92023, is amended to read as follows:
10a. “Employee of the state” includes any one or more
11officers, agents, or employees of the state or any state
12agency, including members of the general assembly, and persons
13acting on behalf of the state or any state agency in any
14official capacity, temporarily or permanently in the service of
15the state of Iowa, whether with or without compensation, but
16does not include a contractor doing business with the state.
17Professional personnel, including physicians, osteopathic
18physicians and surgeons, osteopathic physicians, optometrists,
19dentists, nurses, physician assistants, and other medical
20personnel, who render services to patients or inmates of state
21institutions under the jurisdiction of the department of health
22and human services or the Iowa department of corrections,
23and employees of the department of veterans affairs, are to
24be considered employees of the state, whether the personnel
25are employed on a full-time basis or render services on
26a part-time basis on a fee schedule or other arrangement.
27Criminal defendants while performing unpaid community service
28ordered by the district court, board of parole, or judicial
29district department of correctional services, or an inmate
30providing services pursuant to a chapter 28E agreement entered
31into pursuant to section 904.703, and persons supervising
32those inmates under and according to the terms of the chapter
3328E agreement, are to be considered employees of the state.
34Members of the Iowa national guard performing duties in
35a requesting state pursuant to section 29C.21 are to be
-858-1considered employees of the state solely for the purpose of
2claims arising out of those duties in the event that the
3requesting state’s tort claims coverage does not extend to
4such members of the Iowa national guard or is less than that
5provided under Iowa law.
6 Sec. 1288. Section 674.3, Code 2023, is amended to read as
7follows:
8674.3 Petition copy.
9A copy of the petition shall be filed by the clerk of court
10with the division for records and state registrar of vital
11 statistics of the Iowa department of public health and human
12services.
13 Sec. 1289. Section 674.7, Code 2023, is amended to read as
14follows:
15674.7 Copy to Iowa department of public health and human
16services.
17When the court grants a decree of change of name, the clerk
18of the court shall furnish the petitioner with a certified copy
19of the decree and mail an abstract of a decree requiring a name
20change to be reflected on a birth certificate to the state
21registrar of vital statistics of the Iowa department of public
22 health and human services on a form provided by the state
23registrar.
24 Sec. 1290. Section 686D.2, subsection 11, paragraph e, Code
252023, is amended to read as follows:
26e. Any state agency, including the department of public
27 health and human services.
28 Sec. 1291. Section 691.5, Code 2023, is amended to read as
29follows:
30691.5 State medical examiner.
31The office and position of state medical examiner is
32established for administrative purposes within the Iowa
33 department of public health and human services. Other state
34agencies shall cooperate with the state medical examiner in
35the use of state-owned facilities when appropriate for the
-859-1performance of nonadministrative duties of the state medical
2examiner. The state medical examiner shall be a physician
3and surgeon or osteopathic physician and surgeon, be licensed
4to practice medicine in the state of Iowa, and be board
5certified or eligible to be board certified in anatomic and
6forensic pathology by the American board of pathology. The
7state medical examiner shall be appointed by and serve at the
8pleasure of the director of public health and human services
9 upon the advice of and in consultation with the director of
10public safety and the governor. The state medical examiner,
11in consultation with the director of public health and human
12services, shall be responsible for developing and administering
13the medical examiner’s budget and for employment of medical
14examiner staff and assistants. The state medical examiner
15may be a faculty member of the university of Iowa college of
16medicine or the college of law at the university of Iowa, and
17any of the examiner’s assistants or staff may be members of the
18faculty or staff of the university of Iowa college of medicine
19or the college of law at the university of Iowa.
20 Sec. 1292. Section 691.6, subsection 3, Code 2023, is
21amended to read as follows:
223. To adopt rules pursuant to chapter 17A and subject to the
23approval of the director of public health and human services.
24 Sec. 1293. Section 691.6, subsection 10, Code 2023, is
25amended by striking the subsection.
26 Sec. 1294. Section 691.6A, Code 2023, is amended to read as
27follows:
28691.6A Deputy state medical examiner — creation and duties.
29The position of deputy state medical examiner is created
30within the office of the state medical examiner. The deputy
31state medical examiner shall report to and be responsible to
32the state medical examiner. The deputy state medical examiner
33shall meet the qualification criteria established in section
34691.5 for the state medical examiner and shall be subject to
35rules adopted by the state medical examiner as provided in
-860-1section 691.6, subsection 3. The state medical examiner and
2the deputy state medical examiner shall function as a team,
3providing peer review as necessary, fulfilling each other’s job
4responsibilities during times of absence, and working jointly
5to provide services and education to county medical examiners,
6law enforcement officials, hospital pathologists, and other
7individuals and entities. The deputy medical examiner may
8be, but is not required to be, a full-time salaried faculty
9member of the department of pathology of the university of Iowa
10college of medicine. If the medical examiner is a full-time
11salaried faculty member of the department of pathology of the
12university of Iowa college of medicine, the Iowa department
13of public health and human services and the state board of
14regents shall enter into a chapter 28E agreement to define the
15activities and functions of the deputy medical examiner, and
16to allocate deputy medical examiner costs, consistent with the
17requirements of this section.
18 Sec. 1295. Section 691.6B, subsection 1, paragraph b, Code
192023, is amended to read as follows:
20b. Advise the state medical examiner concerning the
21assurance of effective coordination of the functions and
22operations of the office of the state medical examiner with the
23needs and interests of the departments of public safety and
24public health and human services.
25 Sec. 1296. Section 691.6B, subsection 2, paragraph c, Code
262023, is amended to read as follows:
27c. The director of public health and human services or the
28director’s designee.
29 Sec. 1297. Section 691.7, Code 2023, is amended to read as
30follows:
31691.7 Commissioner to accept federal or private grants.
32The commissioner of public safety may accept federal
33or private funds or grants to aid in the establishment or
34operation of the state criminalistics laboratory, and the
35director of public health and human services or the state board
-861-1of regents may accept federal or private funds or grants to
2aid in the establishment or operation of the position of state
3medical examiner.
4 Sec. 1298. Section 692.15, subsection 1, Code 2023, is
5amended to read as follows:
61. If it comes to the attention of a sheriff, police
7department, or other law enforcement agency that a public
8offense or delinquent act has been committed in its
9jurisdiction, the law enforcement agency shall report
10information concerning the public offense or delinquent act to
11the department on a form to be furnished by the department not
12more than thirty-five days from the time the public offense
13or delinquent act first comes to the attention of the law
14enforcement agency. The reports shall be used to generate
15crime statistics. The department shall submit statistics to
16the governor, the general assembly, and the division of subunit
17of the department of health and human services responsible for
18 criminal and juvenile justice planning of the department of
19human rights on a quarterly and yearly basis.
20 Sec. 1299. Section 707.6A, subsection 1D, Code 2023, is
21amended to read as follows:
221D. Where the program is available and appropriate for
23the defendant, the court shall also order the defendant to
24participate in a reality education substance abuse use disorder
25 prevention program as provided in section 321J.24.
26 Sec. 1300. Section 708.3A, subsections 1, 2, 3, and 4, Code
272023, are amended to read as follows:
281. A person who commits an assault, as defined in section
29708.1, against a peace officer, jailer, correctional staff,
30member or employee of the board of parole, health care
31provider, employee of the department of health and human
32services, employee of the department of revenue, national
33guard member engaged in national guard duty or state active
34duty, civilian employee of a law enforcement agency, civilian
35employee of a fire department, or fire fighter, whether paid
-862-1or volunteer, with the knowledge that the person against
2whom the assault is committed is a peace officer, jailer,
3correctional staff, member or employee of the board of parole,
4health care provider, employee of the department of health and
5 human services, employee of the department of revenue, national
6guard member engaged in national guard duty or state active
7duty, civilian employee of a law enforcement agency, civilian
8employee of a fire department, or fire fighter and with the
9intent to inflict a serious injury upon the peace officer,
10jailer, correctional staff, member or employee of the board
11of parole, health care provider, employee of the department
12of health and human services, employee of the department of
13revenue, national guard member engaged in national guard duty
14or state active duty, civilian employee of a law enforcement
15agency, civilian employee of a fire department, or fire
16fighter, is guilty of a class “D” felony.
172. A person who commits an assault, as defined in section
18708.1, against a peace officer, jailer, correctional staff,
19member or employee of the board of parole, health care
20provider, employee of the department of health and human
21services, employee of the department of revenue, national
22guard member engaged in national guard duty or state active
23duty, civilian employee of a law enforcement agency, civilian
24employee of a fire department, or fire fighter, whether paid
25or volunteer, who knows that the person against whom the
26assault is committed is a peace officer, jailer, correctional
27staff, member or employee of the board of parole, health care
28provider, employee of the department of health and human
29services, employee of the department of revenue, national
30guard member engaged in national guard duty or state active
31duty, civilian employee of a law enforcement agency, civilian
32employee of a fire department, or fire fighter and who uses or
33displays a dangerous weapon in connection with the assault, is
34guilty of a class “D” felony.
353. A person who commits an assault, as defined in section
-863-1708.1, against a peace officer, jailer, correctional staff,
2member or employee of the board of parole, health care
3provider, employee of the department of health and human
4services, employee of the department of revenue, national
5guard member engaged in national guard duty or state active
6duty, civilian employee of a law enforcement agency, civilian
7employee of a fire department, or fire fighter, whether paid
8or volunteer, who knows that the person against whom the
9assault is committed is a peace officer, jailer, correctional
10staff, member or employee of the board of parole, health care
11provider, employee of the department of health and human
12services, employee of the department of revenue, national
13guard member engaged in national guard duty or state active
14duty, civilian employee of a law enforcement agency, civilian
15employee of a fire department, or fire fighter, and who causes
16bodily injury or mental illness, is guilty of an aggravated
17misdemeanor.
184. Any other assault, as defined in section 708.1, committed
19against a peace officer, jailer, correctional staff, member
20or employee of the board of parole, health care provider,
21employee of the department of health and human services,
22employee of the department of revenue, national guard member
23engaged in national guard duty or state active duty, civilian
24employee of a law enforcement agency, civilian employee of a
25fire department, or fire fighter, whether paid or volunteer,
26by a person who knows that the person against whom the assault
27is committed is a peace officer, jailer, correctional staff,
28member or employee of the board of parole, health care
29provider, employee of the department of health and human
30services, employee of the department of revenue, national
31guard member engaged in national guard duty or state active
32duty, civilian employee of a law enforcement agency, civilian
33employee of a fire department, or fire fighter, is a serious
34misdemeanor.
35 Sec. 1301. Section 708.3A, subsection 5, paragraph b, Code
-864-12023, is amended to read as follows:
2b. “Employee of the department of health and human services”
3means a person who is an employee of an institution controlled
4by the director of health and human services that is listed in
5section 218.1, or who is an employee of the civil commitment
6unit for sex offenders operated by the department of health and
7 human services. A person who commits an assault under this
8section against an employee of the department of health and
9 human services at a department of health and human services
10institution or unit is presumed to know that the person against
11whom the assault is committed is an employee of the department
12of health and human services.
13 Sec. 1302. Section 709.16, subsection 2, paragraph b,
14subparagraphs (2) and (5), Code 2023, are amended to read as
15follows:
16(2) Institutions controlled by the department of health and
17 human services listed in section 218.1.
18(5) Facilities for the treatment of persons with
19substance-related disorders a substance use disorder as defined
20in section 125.2.
21 Sec. 1303. Section 710.8, subsection 3, Code 2023, is
22amended to read as follows:
233. A person shall not harbor a runaway child with the intent
24of allowing the runaway child to remain away from home against
25the wishes of the child’s parent, guardian, or custodian.
26However, the provisions of this subsection do not apply to
27a shelter care home which is licensed or approved by the
28department of health and human services.
29 Sec. 1304. Section 714G.8, subsection 5, Code 2023, is
30amended to read as follows:
315. The department of health and human services or its agents
32or assignees acting to investigate fraud under the medical
33assistance program.
34 Sec. 1305. Section 715A.11, subsection 5, Code 2023, is
35amended to read as follows:
-865- 15. A person who violates this section is guilty of a simple
2misdemeanor for a first offense and a serious misdemeanor for
3each subsequent offense. The court may require a substance
4abuse use disorder evaluation and treatment through a program
5licensed by the Iowa department of public health and human
6services in lieu of or in addition to other penalties. Any
7substance abuse use disorder evaluation required under this
8subsection shall be completed at the expense of the defendant.
9 Sec. 1306. Section 724.31, subsection 2, Code 2023, is
10amended to read as follows:
112. A person who is subject to the disabilities imposed
12by 18 U.S.C. §922(d)(4) and (g)(4) because of an order or
13judgment that occurred under the laws of this state may
14petition the court that issued the order or judgment or the
15court in the county where the person resides for relief from
16the disabilities imposed under 18 U.S.C. §922(d)(4) and (g)(4).
17A copy of the petition shall also be served on the director of
18health and human services and the county attorney at the county
19attorney’s office of the county in which the original order
20occurred, and the director or the county attorney may appear,
21support, object to, and present evidence relevant to the relief
22sought by the petitioner.
23 Sec. 1307. Section 725.1, subsection 1, paragraph b, Code
242023, is amended to read as follows:
25b. If the person who sells or offers for sale the person’s
26services as a partner in a sex act is under the age of eighteen,
27the county attorney may elect, in lieu of filing a petition
28alleging that the person has committed a delinquent act,
29to refer that person to the department of health and human
30services for the possible filing of a petition alleging that
31the person is a child in need of assistance.
32 Sec. 1308. Section 730.5, subsection 1, paragraph g, Code
332023, is amended to read as follows:
34g. “Medical review officer” means a licensed physician,
35osteopathic physician, chiropractor, nurse practitioner, or
-866-1physician assistant authorized to practice in any state of the
2United States, who is responsible for receiving laboratory
3results generated by an employer’s drug or alcohol testing
4program, and who has knowledge of substance abuse use disorders
5and has appropriate medical training to interpret and evaluate
6an individual’s confirmed positive test result together
7with the individual’s medical history and any other relevant
8biomedical information.
9 Sec. 1309. Section 730.5, subsection 3, Code 2023, is
10amended to read as follows:
113. Testing optional. This section does not require or
12create a legal duty on an employer to conduct drug or alcohol
13testing and the requirements of this section shall not be
14construed to encourage, discourage, restrict, limit, prohibit,
15or require such testing. In addition, an employer may
16implement and require drug or alcohol testing at some but not
17all of the work sites of the employer and the requirements of
18this section shall only apply to the employer and employees who
19are at the work sites where drug or alcohol testing pursuant to
20this section has been implemented. A cause of action shall not
21arise in favor of any person against an employer or agent of an
22employer based on the failure of the employer to establish a
23program or policy on substance abuse use disorder prevention
24or to implement any component of testing as permitted by this
25section.
26 Sec. 1310. Section 730.5, subsection 7, paragraph f, Code
272023, is amended to read as follows:
28f. All confirmatory drug testing shall be conducted at a
29laboratory certified by the United States department of health
30and human services’ substance abuse and mental health services
31administration or approved under rules adopted by the Iowa
32 department of public health and human services.
33 Sec. 1311. Section 730.5, subsection 9, paragraph c,
34subparagraph (2), Code 2023, is amended to read as follows:
35(2) If an employer does not have an employee assistance
-867-1program, the employer must maintain a resource file of alcohol
2and other drug abuse substance use disorder programs certified
3by the Iowa department of public health and human services,
4mental health providers, and other persons, entities, or
5organizations available to assist employees with personal or
6behavioral problems. The employer shall provide all employees
7information about the existence of the resource file and a
8summary of the information contained within the resource file.
9The summary should contain, but need not be limited to, all
10information necessary to access the services listed in the
11resource file.
12 Sec. 1312. Section 730.5, subsection 9, paragraph g,
13subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
14to read as follows:
15Upon receipt of a confirmed positive alcohol test
16which indicates an alcohol concentration greater than the
17concentration level established by the employer pursuant to
18this section, and if the employer has at least fifty employees,
19and if the employee has been employed by the employer for
20at least twelve of the preceding eighteen months, and if
21rehabilitation is agreed upon by the employee, and if the
22employee has not previously violated the employer’s substance
23abuse use disorder prevention policy pursuant to this section,
24the written policy shall provide for the rehabilitation of the
25employee pursuant to subsection 10, paragraph “a”, subparagraph
26(1), and the apportionment of the costs of rehabilitation as
27provided by this paragraph “g”.
28 Sec. 1313. Section 730.5, subsection 9, paragraph h, Code
292023, is amended to read as follows:
30h. In order to conduct drug or alcohol testing under this
31section, an employer shall require supervisory personnel of
32the employer involved with drug or alcohol testing under this
33section to attend a minimum of two hours of initial training
34and to attend, on an annual basis thereafter, a minimum of one
35hour of subsequent training. The training shall include, but
-868-1is not limited to, information concerning the recognition of
2evidence of employee alcohol and other drug abuse substance
3use disorder, the documentation and corroboration of employee
4alcohol and other drug abuse substance use disorder, and the
5referral of employees who abuse alcohol or other drugs with a
6substance use disorder to the employee assistance program or
7to the resource file maintained by the employer pursuant to
8paragraph “c”, subparagraph (2).
9 Sec. 1314. Section 730.5, subsection 11, paragraph d, Code
102023, is amended to read as follows:
11d. Termination or suspension of any substance abuse use
12disorder prevention or testing program or policy.
13 Sec. 1315. Section 730.5, subsection 12, paragraph b,
14subparagraph (1), Code 2023, is amended to read as follows:
15(1) The employer discloses the test results to a person
16other than the employer, an authorized employee, agent, or
17representative of the employer, the tested employee or the
18tested applicant for employment, an authorized substance abuse
19 use disorder treatment program or employee assistance program,
20or an authorized agent or representative of the tested employee
21or applicant.
22 Sec. 1316. Section 730.5, subsection 13, paragraph d,
23subparagraph (1), subparagraph division (e), Code 2023, is
24amended to read as follows:
25(e) To a substance abuse use disorder evaluation or
26treatment facility or professional for the purpose of
27evaluation or treatment of the employee.
28 Sec. 1317. Section 730.5, subsection 16, Code 2023, is
29amended to read as follows:
3016. Reports. A laboratory doing business for an employer
31who conducts drug or alcohol tests pursuant to this section
32shall file an annual report with the Iowa department of public
33 health and human services by March 1 of each year concerning
34the number of drug or alcohol tests conducted on employees who
35work in this state pursuant to this section, and the number
-869-1of positive and negative results of the tests, during the
2previous calendar year. In addition, the laboratory shall
3include in its annual report the specific basis for each test
4as authorized in subsection 8, the type of drug or drugs which
5were found in the positive drug tests, and all significant
6available demographic factors relating to the positive test
7pool.
8 Sec. 1318. Section 804.31, subsection 1, Code 2023, is
9amended to read as follows:
101. When a person is detained for questioning or arrested
11for an alleged violation of a law or ordinance and there is
12reason to believe that the person is deaf or hard-of-hearing,
13the peace officer making the arrest or taking the person
14into custody or any other officer detaining the person shall
15determine if the person is a deaf or hard-of-hearing person as
16defined in section 622B.1. If the officer so determines, the
17officer, at the earliest possible time and prior to commencing
18any custodial interrogation of the person, shall procure a
19qualified interpreter in accordance with section 622B.2 and the
20rules adopted by the supreme court under section 622B.1 unless
21the deaf or hard-of-hearing person knowingly, voluntarily,
22and intelligently waives the right to an interpreter in
23writing by executing a form prescribed by the department of
24health and human rights services and the Iowa county attorneys
25association. The interpreter shall interpret the officer’s
26warnings of constitutional rights and protections and all other
27warnings, statements, and questions spoken or written by any
28officer, attorney, or other person present and all statements
29and questions communicated in sign language by the deaf or
30hard-of-hearing person.
31 Sec. 1319. Section 811.2, subsection 1, paragraph b, Code
322023, is amended to read as follows:
33b. Any bailable defendant who is charged with unlawful
34possession, manufacture, delivery, or distribution of a
35controlled substance or other drug under chapter 124 and is
-870-1ordered released shall be required, as a condition of that
2release, to submit to a substance abuse use disorder evaluation
3and follow any recommendations proposed in the evaluation for
4appropriate substance abuse use disorder treatment. However,
5if a bailable defendant is charged with manufacture, delivery,
6possession with the intent to manufacture or deliver, or
7distribution of methamphetamine, its salts, optical isomers,
8and salts of its optical isomers, the defendant shall, in
9addition to a substance abuse use disorder evaluation, remain
10under supervision and be required to undergo random drug tests
11as a condition of release.
12 Sec. 1320. Section 812.6, subsection 2, paragraph b, Code
132023, is amended to read as follows:
14b. A defendant who does not pose a danger to the public
15peace or safety, but is otherwise being held in custody, or
16who refuses to cooperate with treatment, shall be committed to
17the custody of the director of health and human services at a
18department of health and human services facility for treatment
19designed to restore the defendant to competency. The costs of
20the treatment pursuant to this paragraph shall be borne by the
21department of health and human services.
22 Sec. 1321. Section 901.3, subsection 1, paragraph h, Code
232023, is amended to read as follows:
24h. Whether the defendant has a history of mental health
25issues or a substance abuse problems use disorder. If so, the
26investigator shall inquire into the treatment options available
27in both the community of the defendant and the correctional
28system.
29 Sec. 1322. Section 901.3, subsection 2, Code 2023, is
30amended to read as follows:
312. All local and state mental and correctional
32institutions, courts, and police agencies shall furnish to the
33investigator on request the defendant’s criminal record and
34other relevant information. The originating source of specific
35mental health or substance abuse use disorder information
-871-1including the histories, treatment, and use of medications
2shall not be released to the presentence investigator unless
3the defendant authorizes the release of such information.
4If the defendant refuses to release the information, the
5presentence investigator may note the defendant’s refusal
6to release mental health or substance abuse use disorder
7 information in the presentence investigation report and rely
8upon other mental health or substance abuse use disorder
9 information available to the presentence investigator.
10With the approval of the court, a physical examination or
11psychiatric evaluation of the defendant may be ordered, or
12the defendant may be committed to an inpatient or outpatient
13psychiatric facility for an evaluation of the defendant’s
14personality and mental health. The results of any such
15examination or evaluation shall be included in the report of
16the investigator.
17 Sec. 1323. Section 901.4, Code 2023, is amended to read as
18follows:
19901.4 Presentence investigation report confidential —
20access.
21The presentence investigation report is confidential and the
22court shall provide safeguards to ensure its confidentiality,
23including but not limited to sealing the report, which may
24be opened only by further court order. The defendant’s
25attorney and the attorney for the state shall have access to
26the presentence investigation report at least three days prior
27to the date set for sentencing. The defendant’s appellate
28attorney and the appellate attorney for the state shall have
29access to the presentence investigation report upon request
30and without the necessity of a court order. The report shall
31remain confidential except upon court order. However, the
32court may conceal the identity of the person who provided
33confidential information. The report of a medical examination
34or psychological or psychiatric evaluation shall be made
35available to the attorney for the state and to the defendant
-872-1upon request. The reports are part of the record but shall
2be sealed and opened only on order of the court. If the
3defendant is committed to the custody of the Iowa department
4of corrections and is not a class “A” felon, an employee
5of the department, if authorized by the director of the
6department, an employee of a judicial district department
7of correctional services, if authorized by the director of
8the judicial district department of correctional services,
9and an employee of the board of parole, if authorized by the
10chairperson or a member of the board of parole, shall have
11access to the presentence investigation report. Pursuant to
12section 904.602, the presentence investigation report may also
13be released by ordinary or electronic mail by the department of
14corrections or a judicial district department of correctional
15services to another jurisdiction for the purpose of providing
16interstate probation and parole compact or interstate compact
17for adult offender supervision services or evaluations, or
18to a substance abuse use disorder or mental health services
19provider when referring a defendant for services. The
20defendant or the defendant’s attorney may file with the
21presentence investigation report, a denial or refutation of the
22allegations, or both, contained in the report. The denial or
23refutation shall be included in the report.
24 Sec. 1324. Section 901.4A, Code 2023, is amended to read as
25follows:
26901.4A Substance abuse use disorder evaluation.
27Upon a plea of guilty, a verdict of guilty, or a special
28verdict upon which a judgment of conviction may be rendered,
29the court may order the defendant to submit to and complete
30a substance abuse use disorder evaluation, if the court
31determines that there is reason to believe that the defendant
32regularly abuses uses alcohol or other controlled substances
33and may be in need of treatment. An order made pursuant to this
34section may be made in addition to any other sentence or order
35of the court.
-873-1 Sec. 1325. Section 901.5, subsection 8, Code 2023, is
2amended to read as follows:
38. The court may order the defendant to complete any
4treatment indicated by a substance abuse use disorder
5 evaluation ordered pursuant to section 901.4A or any other
6section.
7 Sec. 1326. Section 901B.1, subsection 1, paragraph c,
8subparagraph (5), Code 2023, is amended to read as follows:
9(5) A substance abuse use disorder treatment facility
10as established and operated by the Iowa department of public
11 health and human services or the department of corrections.
12 Sec. 1327. Section 901B.1, subsection 3, paragraph c, Code
132023, is amended to read as follows:
14c. A copy of the program and plan shall be filed with
15the chief judge of the judicial district, the department of
16corrections, and the division of subunit of the department of
17health and human services responsible for criminal and juvenile
18justice planning of the department of human rights.
19 Sec. 1328. Section 904.108, subsection 1, paragraph d, Code
202023, is amended to read as follows:
21d. Establish and maintain acceptable standards of treatment,
22training, education, and rehabilitation in the various
23state penal and corrective institutions which shall include
24habilitative services and treatment for offenders with an
25intellectual disability. For the purposes of this paragraph,
26“habilitative services and treatment” means medical, mental
27health, social, educational, counseling, and other services
28which will assist a person with an intellectual disability
29to become self-reliant. However, the director may also
30provide rehabilitative treatment and services to other persons
31who require the services. The director shall identify all
32individuals entering the correctional system who are persons
33with an intellectual disability, as defined in section 4.1.
34Identification shall be made by a qualified professional in the
35area of intellectual disability. In assigning an offender with
-874-1an intellectual disability, or an offender with an inadequately
2developed intelligence or with impaired mental abilities, to
3a correctional facility, the director shall consider both
4the program needs and the security needs of the offender.
5The director shall consult with the department of health
6and human services in providing habilitative services and
7treatment to offenders with mental illness or an intellectual
8disability. The director may enter into agreements with the
9department of health and human services to utilize mental
10health institutions and share staff and resources for purposes
11of providing habilitative services and treatment, as well as
12providing other special needs programming. Any agreement to
13utilize mental health institutions and to share staff and
14resources shall provide that the costs of the habilitative
15services and treatment shall be paid from state funds. Not
16later than twenty days prior to entering into any agreement
17to utilize mental health institution staff and resources,
18other than the use of a building or facility, for purposes of
19providing habilitative services and treatment, as well as other
20special needs programming, the directors of the departments of
21corrections and health and human services shall each notify the
22chairpersons and ranking members of the joint appropriations
23subcommittees that last handled the appropriation for their
24respective departments of the pending agreement. Use of a
25building or facility shall require approval of the general
26assembly if the general assembly is in session or, if the
27general assembly is not in session, the legislative council
28may grant temporary authority, which shall be subject to final
29approval of the general assembly during the next succeeding
30legislative session.
31 Sec. 1329. Section 904.108, subsection 5, Code 2023, is
32amended to read as follows:
335. The director may obtain assistance for the department
34for construction, facility planning, and project accomplishment
35with the department of administrative services and by
-875-1contracting under chapter 28E for data processing with the
2department of health and human services or the department of
3administrative services.
4 Sec. 1330. Section 904.201, subsection 3, paragraph a,
5subparagraph (1), Code 2023, is amended to read as follows:
6(1) Residents transferred from an institution under the
7jurisdiction of the department of health and human services or
8the Iowa department of corrections.
9 Sec. 1331. Section 904.302, unnumbered paragraph 1, Code
102023, is amended to read as follows:
11The director may appoint a farm operations administrator
12for institutions under the control of the departments of
13corrections and health and human services. If appointed, the
14farm operations administrator, subject to the direction of the
15director shall do all of the following:
16 Sec. 1332. Section 904.302, subsections 1, 3, and 8, Code
172023, are amended to read as follows:
181. Manage and supervise all farming and nursery operations
19at institutions, farms and gardens of the departments of
20corrections and health and human services.
213. Develop an annual operations plan for crop and
22livestock production and utilization that will provide work
23experience and contribute to developing vocational skills of
24the institutions’ inmates and residents. The department of
25health and human services must approve the parts of the plan
26that affect farm operations on property of institutions having
27programs of the department of health and human services.
288. Pay property taxes levied against land leased by the
29department of corrections or department of health and human
30services as provided in section 427.1, subsection 1.
31 Sec. 1333. Section 904.503, Code 2023, is amended to read
32as follows:
33904.503 Transfers — persons with mental illness.
341. a. The director may transfer at the expense of the
35department an inmate of one institution to another institution
-876-1under the director’s control if the director is satisfied that
2the transfer is in the best interests of the institutions or
3inmates.
4b. The director may transfer at the expense of the
5department an inmate under the director’s jurisdiction from any
6institution supervised by the director to another institution
7under the control of an administrator of a division of the
8department director of health and human services with the
9consent and approval of the administrator director of health
10and human services and may transfer an inmate to any other
11institution for mental or physical examination or treatment
12retaining jurisdiction over the inmate when so transferred.
13c. If the juvenile court waives its jurisdiction over a
14child over thirteen and under eighteen years of age pursuant
15to section 232.45 so that the child may be prosecuted as an
16adult and if the child is convicted of a public offense in the
17district court and committed to the custody of the director
18under section 901.7, the director may request transfer of the
19child to the state training school under this section. If
20the administrator of a division of the department director of
21health and human services consents and approves the transfer,
22the child may be retained in temporary custody by the state
23training school until attaining the age of eighteen, at which
24time the child shall be returned to the custody of the director
25of the department of corrections to serve the remainder of
26the sentence imposed by the district court. If the child
27becomes a security risk or becomes a danger to other residents
28of the state training school at any time before reaching
29eighteen years of age, the administrator of the division of
30the department director of health and human services may
31immediately return the child to the custody of the director of
32the department of corrections to serve the remainder of the
33sentence.
342. When the director has cause to believe that an inmate
35in a state correctional institution is mentally ill, the
-877-1Iowa department of corrections may cause the inmate to be
2transferred to the Iowa medical and classification center,
3or to another appropriate facility within the department,
4for examination, diagnosis, or treatment. The inmate shall
5be confined at that center or facility or a state hospital
6for persons with mental illness health institute until the
7expiration of the inmate’s sentence or until the inmate
8is pronounced in good mental health. If the inmate is
9pronounced in good mental health before the expiration of the
10inmate’s sentence, the inmate shall be returned to the state
11correctional institution until the expiration of the inmate’s
12sentence.
133. When the director has reason to believe that a prisoner
14in a state correctional institution, whose sentence has
15expired, is mentally ill, the director shall cause examination
16to be made of the prisoner by competent physicians who shall
17certify to the director whether the prisoner is in good
18mental health or mentally ill. The director may make further
19investigation and if satisfied that the prisoner is mentally
20ill, the director may cause the prisoner to be transferred
21to one of the hospitals for persons with mental illness, or
22may order the prisoner to be confined in the Iowa medical and
23classification center.
24 Sec. 1334. Section 904.513, subsection 1, paragraph b,
25subparagraphs (2) and (3), Code 2023, are amended to read as
26follows:
27(2) Offenders convicted of violating chapter 321J,
28sentenced to the custody of the director, and awaiting
29placement in a community residential substance abuse use
30disorder treatment program for such offenders shall be placed
31in an institutional substance abuse use disorder program
32for such offenders within sixty days of admission to the
33institution or as soon as practical. When placing offenders
34convicted of violating chapter 321J in community residential
35substance abuse use disorder treatment programs for such
-878-1offenders, the department shall give priority as appropriate
2to the placement of those offenders currently in institutional
3substance abuse use disorder programs for such offenders. The
4department shall work with each judicial district to enable
5such offenders to enter community residential substance abuse
6 use disorder treatment programs at a level comparable to their
7prior institutional program participation.
8(3) Assignment shall be for the purposes of risk
9management and substance abuse use disorder treatment and may
10include education or work programs when the offender is not
11participating in other program components.
12 Sec. 1335. Section 904.513, subsection 3, Code 2023, is
13amended to read as follows:
143. The department shall adopt rules for the implementation
15of this section. The rules shall include the requirement
16that the treatment programs established pursuant to this
17chapter meet the licensure standards of the department of
18public health and human services under chapter 125. The rules
19shall also include provisions for the funding of the program
20by means of self-contribution by the offenders, insurance
21reimbursement on behalf of offenders, or other forms of
22funding, program structure, criteria for the evaluation of
23offenders and programs, and all other issues the director shall
24deem appropriate.
25 Sec. 1336. Section 904.514, subsection 1, Code 2023, is
26amended to read as follows:
271. A person committed to an institution under the control of
28the department who bites another person, who causes an exchange
29of bodily fluids with another person, or who causes any bodily
30secretion to be cast upon another person, shall submit to the
31withdrawal of a bodily specimen for testing to determine if the
32person is infected with a contagious infectious disease. The
33bodily specimen to be taken shall be determined by the staff
34physician of the institution. The specimen taken shall be
35sent to the state hygienic laboratory at the state university
-879-1at Iowa City or some other laboratory approved by the Iowa
2 department of public health and human services. If a person
3to be tested pursuant to this section refuses to submit to the
4withdrawal of a bodily specimen, application may be made by the
5superintendent of the institution to the district court for an
6order compelling the person to submit to the withdrawal and,
7if infected, to available treatment. An order authorizing the
8withdrawal of a specimen for testing may be issued only by a
9district judge or district associate judge upon application by
10the superintendent of the institution.
11 Sec. 1337. Section 904.706, subsections 3, 4, and 5, Code
122023, are amended to read as follows:
133. As used in this section, “department” means the Iowa
14 department of corrections and the Iowa department of health and
15 human services.
164. The farm operations administrator appointed under
17section 904.302 shall perform the functions described under
18section 904.302 for agricultural operations on property of the
19Iowa department of health and human services.
205. The Iowa department of health and human services shall
21enter into an agreement under chapter 28D with the Iowa
22department of corrections to implement this section.
23 Sec. 1338. Section 904.809, subsection 5, paragraph c,
24subparagraph (1), Code 2023, is amended to read as follows:
25(1) An amount which the inmate may be legally obligated to
26pay for the support of the inmate’s dependents, which shall
27be paid through the department of health and human services
28collection services center, and which shall include an amount
29for delinquent child support not to exceed fifty percent of net
30earnings.
31 Sec. 1339. Section 904.905, subsection 1, paragraph a, Code
322023, is amended to read as follows:
33a. An amount the inmate may be legally obligated to pay for
34the support of the inmate’s dependents, the amount of which
35shall be paid to the dependents through the department of
-880- 1health and human services office or unit serving the county or
2city in which the dependents reside.
3 Sec. 1340. Section 905.12, subsection 1, paragraph a, Code
42023, is amended to read as follows:
5a. An amount the resident may be legally obligated to pay
6for the support of dependents, which shall be paid to the
7dependents directly or through the department of health and
8 human services office or unit serving the county in which the
9dependents reside. For the purpose of this paragraph, “legally
10obligated” means under a court order.
11 Sec. 1341. Section 905.15, subsection 2, Code 2023, is
12amended to read as follows:
132. A person under supervision of a district department, who
14assaults another person as defined in section 708.1, by biting,
15casting bodily fluids, or acting in a manner that results in
16the exchange of bodily fluids, shall submit to the withdrawal
17of a bodily specimen for testing to determine if the person
18is infected with a contagious infectious disease. The bodily
19specimen to be taken shall be determined by a physician. The
20specimen taken shall be sent to the state hygienic laboratory
21at the state university at Iowa City or some other laboratory
22approved by the department of public health and human services.
23If a person to be tested pursuant to this section refuses to
24submit to the withdrawal of a bodily specimen, application may
25be made by the director to the district court for an order
26compelling the person to submit to the withdrawal and, if
27infected, to available treatment. An order authorizing the
28withdrawal of a specimen for testing may be issued only by a
29district judge or district associate judge upon application by
30the director.
31 Sec. 1342. Section 907.5, subsection 1, paragraph e, Code
322023, is amended to read as follows:
33e. The defendant’s mental health and substance abuse
34 use disorder history and treatment options available in the
35community and the correctional system.
-881-1 Sec. 1343. Section 915.29, Code 2023, is amended to read as
2follows:
3915.29 Notification of victim of juvenile by department of
4health and human services.
51. The department of health and human services shall notify
6a registered victim regarding a juvenile adjudicated delinquent
7for a violent crime, committed to the custody of the department
8of health and human services, and placed at the state training
9school, of the following:
10a. The date on which the juvenile is expected to be
11temporarily released from the custody of the department of
12health and human services, and whether the juvenile is expected
13to return to the community where the registered victim resides.
14b. The juvenile’s escape from custody.
15c. The recommendation by the department to consider the
16juvenile for release or placement.
17d. The date on which the juvenile is expected to be released
18from a facility pursuant to a plan of placement.
192. The notification required pursuant to this section
20may occur through the automated victim notification system
21referred to in section 915.10A to the extent such information
22is available for dissemination through the system.
23 Sec. 1344. Section 915.35, subsection 4, Code 2023, is
24amended to read as follows:
254. a. A child protection assistance team involving the
26county attorney, law enforcement personnel, and personnel
27of the department of health and human services shall be
28established for each county by the county attorney. However,
29by mutual agreement, two or more county attorneys may
30establish a single child protection assistance team to cover a
31multicounty area. A child protection assistance team, to the
32greatest extent possible, may be consulted in cases involving a
33forcible felony against a child who is less than age fourteen
34in which the suspected offender is the person responsible
35for the care of a child, as defined in section 232.68. A
-882-1child protection assistance team may also be utilized in cases
2involving a violation of chapter 709 or 726 or other crime
3committed upon a victim as defined in subsection 1.
4b. A child protection assistance team may also consult
5with or include juvenile court officers, medical and mental
6health professionals, physicians or other hospital-based health
7professionals, court-appointed special advocates, guardians
8ad litem, and members of a multidisciplinary team created by
9the department of health and human services for child abuse
10investigations assessments. A child protection assistance
11team may work cooperatively with the early childhood Iowa area
12board established under chapter 256I. The child protection
13assistance team shall work with the department of health and
14 human services in accordance with section 232.71B, subsection
153, in developing the protocols for prioritizing the actions
16taken in response to child abuse assessments and for law
17enforcement agencies working jointly with the department at
18the local level in processes for child abuse assessments. The
19department of justice may provide training and other assistance
20to support the activities of a child protection assistance
21team.
22 Sec. 1345. Section 915.37, subsection 2, Code 2023, is
23amended to read as follows:
242. References in this section to a guardian ad litem shall
25be interpreted to include references to a court appointed
26special advocate as defined in section 232.2, subsection 10.
27 Sec. 1346. Section 915.40, subsection 5, Code 2023, is
28amended to read as follows:
295. “Department” means the Iowa department of public health
30and human services.
31 Sec. 1347. Section 915.45, subsection 1, Code 2023, is
32amended to read as follows:
331. In addition to any other information required to be
34released under chapter 229A, prior to the discharge of a person
35committed under chapter 229A, the director of health and human
-883-1services shall give written notice of the person’s discharge
2to any living victim of the person’s activities or crime whose
3address is known to the director or, if the victim is deceased,
4to the victim’s family, if the family’s address is known.
5Failure to notify shall not be a reason for postponement of
6discharge. Nothing in this section shall create a cause of
7action against the state or an employee of the state acting
8within the scope of the employee’s employment as a result of
9the failure to notify pursuant to this action.
10 Sec. 1348. Section 915.46, subsection 4, paragraph b, Code
112023, is amended to read as follows:
12b. The sexual assault forensic examiner program shall
13provide didactic and clinical training opportunities consistent
14with the sexual assault forensic examiner education guidelines
15established by the international association of forensic
16nurses, in collaboration with the Iowa department of public
17 health and human services and the Iowa coalition against sexual
18assault, in sufficient numbers and geographical locations
19across the state to assist treatment facilities with training
20sexual assault examiners and sexual assault nurse examiners.
21 Sec. 1349. Section 915.46, subsections 5 and 6, Code 2023,
22are amended to read as follows:
235. The sexual assault forensic examiner program, in
24collaboration with qualified medical providers, the Iowa
25 department of public health and human services, and the
26Iowa coalition against sexual assault, shall create uniform
27materials that all treatment facilities and federally
28qualified health centers are required to provide to patients
29and non-offending parents or legal guardians, if applicable,
30regarding medical forensic examination procedures, laws
31regarding consent relating to medical forensic services, and
32the benefits and risks of evidence collection, including
33recommended time frames for evidence collection pursuant
34to evidence-based research. These materials shall be made
35available on the department of justice’s internet site to all
-884-1treatment facilities and federally qualified health centers.
26. The sexual assault forensic examiner program, in
3collaboration with qualified medical providers, the Iowa
4 department of public health and human services, and the Iowa
5coalition against sexual assault, shall create and update
6statewide sexual assault examiner and sexual assault nurse
7examiner protocols, shall provide technical assistance upon
8request to health care professionals, and shall provide
9expertise on best practices to health care professionals
10relating to sexual assault forensic examinations.
11 Sec. 1350. Section 915.46, subsection 7, paragraph b, Code
122023, is amended to read as follows:
13b. Members of the advisory committee shall include staff
14members of the department of justice managing the sexual
15assault forensic examiner program; representatives from the
16department of public health and human services as determined
17by the director to be appropriate, the Iowa coalition against
18sexual assault, the board of nursing, and other constituencies
19as determined by the department of justice with an interest in
20sexual assault forensic examinations; and the hospital medical
21staff person involved with emergency services pursuant to
22section 915.82.
23 Sec. 1351. Section 915.83, subsection 4, Code 2023, is
24amended to read as follows:
254. Request from the department of health and human services,
26the department of workforce development and its division of
27workers’ compensation, the department of public safety, the
28county sheriff departments, the municipal police departments,
29the county attorneys, or other public authorities or agencies
30reasonable assistance or data necessary to administer the crime
31victim compensation program.
32 Sec. 1352. Section 915.84, subsections 4, 5, and 6, Code
332023, are amended to read as follows:
344. Notwithstanding subsection 3, a victim under the age of
35eighteen or dependent adult as defined in section 235B.2 who
-885-1has been sexually abused or subjected to any other unlawful
2sexual conduct under chapter 709 or 726 or who has been
3the subject of a forcible felony is not required to report
4the crime to the local police department or county sheriff
5department to be eligible for compensation if the crime was
6allegedly committed upon a child by a person responsible for
7the care of a child, as defined in section 232.68, subsection
88, or upon a dependent adult by a caretaker as defined
9in section 235B.2, and was reported to an employee of the
10department of health and human services and the employee
11verifies the report to the department.
125. When immediate or short-term medical services or mental
13health services are provided to a victim under section 915.35,
14the department of health and human services shall file the
15claim for compensation as provided in subsection 4 for the
16victim.
176. When immediate or short-term medical services to a victim
18are provided pursuant to section 915.35 by a professional
19licensed or certified by the state to provide such services,
20the professional shall file the claim for compensation,
21unless the department of health and human services is required
22to file the claim under this section. The requirement to
23report the crime to the local police department or county
24sheriff department under subsection 3 does not apply to this
25subsection.
26 Sec. 1353. 2020 Iowa Acts, chapter 1064, section 16,
27subsection 1, paragraph d, subparagraph (1), is amended to read
28as follows:
29(1) Any debt, which is assigned to the department of health
30and human services, or which is owed to the department of
31health and human services for unpaid premiums under section
32249A.3, subsection 2, paragraph “a”, subparagraph (1), or
33which the child support recovery unit services is otherwise
34attempting to collect, or which the foster care recovery unit
35 services of the department of health and human services is
-886-1attempting to collect on behalf of a child receiving foster
2care provided by the department of health and human services.
3 Sec. 1354. 2022 Iowa Acts, chapter 1098, section 92,
4subsection 1, is amended by striking the subsection.
5 Sec. 1355. REPEAL. Chapter 136, Code 2023, is repealed.
6 Sec. 1356. REPEAL. 2022 Iowa Acts, chapter 1098, section
768, is repealed.
8 Sec. 1357. REPEAL. Sections 135.2, 135.3, 135.6, 135.7,
9135.8, 135.9, 135.10, 216A.2, 217.7, 217.9, 217.10, 217.15,
10217.16, 217.17, 218.19, 218.20, 218.40, 218.53, 218.54, 222.6,
11227.19, 231.22, and 234.2, Code 2023, are repealed.
12 Sec. 1358. CODE EDITOR DIRECTIVE. The Code editor is
13directed to do all of the following:
141. Make changes in the structure of any Code chapter
15including but not limited to chapter titles and subtitles to
16correspond with the changes made in this division of this
17Act in consultation with the department of health and human
18services.
192. Make changes in any Code sections amended or enacted
20by any other Act to correspond with the changes made in this
21division of this Act if there appears to be no doubt as to
22the proper method of making the changes and the changes would
23not be contrary to or inconsistent with the purposes of this
24division of this Act or any other Act.
253. Correct internal references in the Code and in enacted
26legislation as necessary due to the enactment of this division
27of this Act.
28 Sec. 1359. CONTINGENT EFFECTIVE DATE. The following takes
29effect on the effective date of the rules adopted by the
30department of revenue pursuant to chapter 17A implementing 2020
31Iowa Acts, chapter 1064, other than transitional rules:
32The section of this division of this Act amending 2020 Iowa
33Acts, chapter 1064.
34DIVISION II
35DEPARTMENT OF ADMINISTRATIVE SERVICES
-887-1LIBRARY SERVICES
2 Sec. 1360. NEW SECTION. 8A.204 State librarian.
31. The director shall appoint the state librarian who
4shall administer the duties of the department as it relates to
5library services.
62. The state librarian shall do all of the following:
7a. Organize, staff, and administer the department as it
8relates to library services so as to render the greatest
9benefit to libraries in the state.
10b. Submit a biennial report to the governor on the
11activities and an evaluation of the department as it relates to
12library services and its programs and policies.
13c. Control all library services-related property of the
14department. The state librarian may dispose of, through
15sale, conveyance, or exchange, any library materials that
16may be obsolete or worn out or that may no longer be needed
17or appropriate to the mission of the state library of Iowa.
18These materials may be sold by the state library directly or
19the library may sell the materials by consignment with an
20outside entity. A state library fund is created in the state
21treasury. Proceeds from the sale of the library materials
22shall be remitted to the treasurer of state and credited to the
23state library fund and shall be used for the purchase of books
24and other library materials. Notwithstanding section 8.33, any
25balance in the fund on June 30 of any fiscal year shall not
26revert to the general fund of the state.
27d. Perform other duties as assigned by the director or as
28imposed by law.
29 Sec. 1361. Section 256.1, subsection 4, Code 2023, is
30amended by striking the subsection.
31 Sec. 1362. Section 256.7, subsection 17, Code 2023, is
32amended by striking the subsection.
33 Sec. 1363. Section 256.50, subsection 2, Code 2023, is
34amended by striking the subsection.
35 Sec. 1364. Section 256.51, subsection 1, unnumbered
-888-1paragraph 1, Code 2023, is amended to read as follows:
2The division of library services is attached to the
3department of education for administrative purposes. The state
4librarian shall be responsible for the division’s budgeting
5and related management functions in accordance with section
6256.52, subsection 3. The division department, as it relates
7to library services, shall do all of the following:
8 Sec. 1365. Section 256.51, subsection 1, paragraph e, Code
92023, is amended to read as follows:
10e. Develop and approve, in consultation with the area
11education agency media centers and the commission, a biennial
12unified plan of service and service delivery for the division
13of library services department.
14 Sec. 1366. Section 256.51, subsection 1, Code 2023, is
15amended by adding the following new paragraph:
16 NEW PARAGRAPH. m. Provide for the improvement of library
17services to all Iowa citizens and foster development and
18cooperation among libraries.
19 Sec. 1367. Section 256.51, subsection 2, Code 2023, is
20amended to read as follows:
212. The division department, as it relates to library
22services, may do all of the following:
23a. Enter into interstate library compacts on behalf of
24the state of Iowa with any state which legally joins in the
25compacts as provided in section 256.70.
26b. Receive and expend money for providing programs and
27services. The division department may receive, accept, and
28administer any moneys appropriated or granted to it, separate
29from the general library fund, by the federal government or by
30any other public or private agency.
31c. Accept gifts, contributions, bequests, endowments,
32or other moneys, including but not limited to the Westgate
33endowment fund, for any or all purposes of the division
34 department as it relates to library services. Interest earned
35on moneys accepted under this paragraph shall be credited to
-889-1the fund or funds to which the gifts, contributions, bequests,
2endowments, or other moneys have been deposited, and is
3available for any or all purposes of the division department as
4it relates to library services. The division department shall
5report annually to the commission and the general assembly
6regarding the gifts, contributions, bequests, endowments,
7or other moneys accepted pursuant to this paragraph and the
8interest earned on them.
9 Sec. 1368. Section 256.52, subsection 1, paragraph a,
10unnumbered paragraph 1, Code 2023, is amended to read as
11follows:
12The state commission of libraries consists of one member
13appointed by the supreme court, the director of the department
14of education, or the director’s designee, and the following
15seven members who shall be appointed by the governor to serve
16four-year terms beginning and ending as provided in section
1769.19.
18 Sec. 1369. Section 256.52, subsection 3, Code 2023, is
19amended by striking the subsection.
20 Sec. 1370. Section 256.52, subsection 4, Code 2023, is
21amended to read as follows:
224. The commission shall adopt rules under chapter 17A for
23carrying out the responsibilities of the division department as
24it relates to library services duties of the department.
25 Sec. 1371. Section 256.52, subsection 5, Code 2023, is
26amended by striking the subsection and inserting in lieu
27thereof the following:
285. Advise the department and the state librarian concerning
29the library services duties of the department.
30 Sec. 1372. Section 256.53, Code 2023, is amended to read as
31follows:
32256.53 State publications.
33Upon issuance of a state publication in any format, a
34state agency shall provide the division department with
35an electronic version of the publication at no cost to the
-890-1division department.
2 Sec. 1373. Section 256.54, subsection 2, unnumbered
3paragraph 1, Code 2023, is amended to read as follows:
4The law library shall be administered by a law librarian
5appointed by the state librarian subject to chapter 8A,
6 subchapter IV, who shall do all of the following:
7 Sec. 1374. Section 256.55, unnumbered paragraph 1, Code
82023, is amended to read as follows:
9A state data center is established in the division
10 department. The state data center shall be administered by
11the state data center coordinator, who shall do all of the
12following:
13 Sec. 1375. Section 256.55, subsection 3, Code 2023, is
14amended to read as follows:
153. Perform other duties imposed by law or prescribed by the
16commission department.
17 Sec. 1376. Section 256.57, Code 2023, is amended to read as
18follows:
19256.57 Enrich Iowa program.
201. An enrich Iowa program is established in the division
21 department to provide direct state assistance to public
22libraries, to support the open access and access plus programs,
23to provide public libraries with an incentive to improve
24library services that are in compliance with performance
25measures, and to reduce inequities among communities in the
26delivery of library services based on performance measures
27adopted by rule by the commission. The commission shall
28adopt rules governing the allocation of funds appropriated by
29the general assembly for purposes of this section to provide
30direct state assistance to eligible public libraries. A public
31library is eligible for funds under this chapter subchapter if
32it is in compliance with the commission’s performance measures.
332. The amount of direct state assistance distributed to each
34eligible public library shall be based on the following:
35a. The level of compliance by the eligible public library
-891-1with the performance measures adopted by the commission as
2provided in this section.
3b. The number of people residing within an eligible
4library’s geographic service area for whom the library provides
5services.
6c. The amount of other funding the eligible public library
7received in the previous fiscal year for providing services to
8rural residents and to contracting communities.
93. Moneys received by a public library pursuant to this
10section shall supplement, not supplant, any other funding
11received by the library.
124. For purposes of this section, “eligible public library”
13means a public library that meets all of the following
14requirements:
15a. Submits to the division department all of the following:
16(1) The report provided for under section 256.51,
17subsection 1, paragraph “h”.
18(2) An application and accreditation report, in a format
19approved by the commission department, that provides evidence
20of the library’s compliance with at least one level of the
21standards established in accordance with section 256.51,
22subsection 1, paragraph “k”.
23(3) Any other application or report the division department
24 deems necessary for the implementation of the enrich Iowa
25program.
26b. Participates in the library resource and information
27sharing programs established by the state library.
28c. Is a public library established by city ordinance or a
29library district as provided in chapter 336.
305. Each eligible public library shall maintain a
31separate listing within its budget for payments received and
32expenditures made pursuant to this section, and shall annually
33submit this listing to the division department.
346. By January 15, annually, the division department shall
35submit a program evaluation report to the general assembly
-892-1and the governor detailing the uses and the impacts of funds
2allocated under this section.
37. A public library that receives funds in accordance with
4this section shall have an internet use policy in place, which
5may or may not include internet filtering. The library shall
6submit a report describing the library’s internet use efforts
7to the division department.
88. A public library that receives funds in accordance
9with this section shall provide open access, the reciprocal
10borrowing program, as a service to its patrons, at a
11reimbursement rate determined by the state library.
129. Funds appropriated for purposes of this section shall not
13be used by the division department for administrative purposes.
14 Sec. 1377. Section 256.58, Code 2023, is amended to read as
15follows:
16256.58 Library support network.
171. A library support network is established in the division
18 department to offer services and programs for libraries,
19including but not limited to individualized, locally delivered
20consulting and training, and to facilitate resource sharing and
21innovation through the use of technology, administer enrich
22Iowa programs, advocate for libraries, promote excellence
23and innovation in library services, encourage governmental
24subdivisions to provide local financial support for local
25libraries, and ensure the consistent availability of quality
26service to all libraries throughout the state, regardless of
27location or size.
282. The organizational structure to deliver library support
29network services shall include district offices. The district
30offices shall serve as a basis for providing field services
31to local libraries in the counties comprising the district.
32The division department shall determine which counties are
33served by each district office. The number of district offices
34established to provide services pursuant to this section shall
35be six.
-893-1 Sec. 1378. Section 256.59, Code 2023, is amended to read as
2follows:
3256.59 Specialized library services.
4The specialized library services unit is established in
5the division department to provide information services to
6the three branches of state government and to offer focused
7information services to the general public in the areas of Iowa
8law, Iowa state documents, and Iowa history and culture.
9 Sec. 1379. Section 256.62, subsections 1, 3, and 4, Code
102023, are amended to read as follows:
111. The state librarian shall convene a library services
12advisory panel to advise and recommend to the commission and
13the division department evidence-based best practices, to
14assist the commission and division department to determine
15service priorities and launch programs, articulate the needs
16and interests of Iowa librarians, and share research and
17professional development information.
183. The library services advisory panel shall meet at least
19twice annually and shall submit its recommendations in a report
20to the commission department and the state librarian at least
21once annually. The report shall be timely submitted to allow
22for consideration of the recommendations prior to program
23planning and budgeting for the following fiscal year.
244. Members of the library services advisory panel shall
25receive actual and necessary expenses incurred in the
26performance of their duties. Expenses shall be paid from funds
27appropriated to the department for purposes of the division.
28 Sec. 1380. Section 256.70, unnumbered paragraph 1, Code
292023, is amended to read as follows:
30The division of library services of the department of
31education is hereby authorized to enter into interstate
32library compacts on behalf of the state of Iowa with any state
33bordering on Iowa which legally joins therein in substantially
34the following form and the contracting states agree that:
35 Sec. 1381. Section 256.71, Code 2023, is amended to read as
-894-1follows:
2256.71 Administrator.
3The administrator of the division of library services state
4librarian shall be the compact administrator. The compact
5administrator shall receive copies of all agreements entered
6into by the state or its political subdivisions and other
7states or political subdivisions; consult with, advise and aid
8such governmental units in the formulation of such agreements;
9make such recommendations to the governor, legislature,
10governmental agencies and units as the administrator deems
11desirable to effectuate the purposes of this compact and
12consult and cooperate with the compact administrators of other
13party states.
14 Sec. 1382. CODE EDITOR DIRECTIVE — LIBRARY SERVICES.
151. The Code editor is directed to make the following
16transfers:
17a. Section 256.50 to section 8A.201.
18b. Section 256.51 to section 8A.202.
19c. Section 256.52 to section 8A.203.
20d. Section 256.53 to section 8A.205.
21e. Section 256.54 to section 8A.206.
22f. Section 256.55 to section 8A.207.
23g. Section 256.56 to section 8A.208.
24h. Section 256.57 to section 8A.209.
25i. Section 256.58 to section 8A.210.
26j. Section 256.59 to section 8A.211.
27k. Section 256.62 to section 8A.221.
28l. Section 256.69 to section 8A.222.
29m. Section 256.70 to section 8A.231.
30n. Section 256.71 to section 8A.232.
31o. Section 256.72 to section 8A.233.
32p. Section 256.73 to section 8A.234.
332. The Code editor is directed to rename subchapter II and
34designate parts in chapter 8A as follows:
35a. Subchapter II shall be entitled “Library Services” and
-895-1include sections 8A.201 through 8A.234.
2b. Subchapter II, part 1, shall be entitled “General
3Provisions” and include sections 8A.201 through 8A.211.
4c. Subchapter II, part 2, shall be entitled “Library
5Services Advisory Panel and Local Financial Support” and
6include sections 8A.221 through 8A.222.
7d. Subchapter II, new part 3, shall be entitled “Library
8Compact” and include sections 8A.231 through 8A.234.
93. The Code editor may modify subchapter and part titles if
10necessary and is directed to correct internal references in the
11Code as necessary due to enactment of this section.
12STATE RECORDS AND ARCHIVES
13 Sec. 1383. Section 163.37, subsection 3, Code 2023, is
14amended to read as follows:
153. Such records shall be maintained for a length of time as
16required by and pursuant to chapter 305 8A, subchapter VI, and
17at the point of concentration and shall be made available for
18inspection by the department at reasonable times.
19 Sec. 1384. Section 305.1, Code 2023, is amended to read as
20follows:
21305.1 Citation.
22This chapter subchapter shall be known and may be cited as
23the “State Archives and Records Act”.
24 Sec. 1385. Section 305.2, unnumbered paragraph 1, Code
252023, is amended to read as follows:
26As used in this chapter subchapter, unless the context
27otherwise requires:
28 Sec. 1386. Section 305.3, subsection 2, Code 2023, is
29amended by striking the subsection.
30 Sec. 1387. Section 305.3, subsection 8, Code 2023, is
31amended to read as follows:
328. The director of the department of administrative
33services.
34 Sec. 1388. Section 305.7, Code 2023, is amended to read as
35follows:
-896- 1305.7 Administration Commission administration.
2The department of cultural affairs, through the state
3archives and records program, is the primary agency responsible
4for providing administrative personnel and services for the
5commission.
6 Sec. 1389. Section 305.8, subsection 1, paragraphs e, f, and
7g, Code 2023, are amended to read as follows:
8e. Adopt and maintain an interagency records manual
9containing the rules governing records management, as well as
10records series retention and disposition schedules, guidelines,
11and other information relating to implementation of this
12chapter subchapter.
13f. Make recommendations, in consultation with the department
14of administrative services, to the governor and the general
15assembly for the continued reduction of printed reports
16throughout state government in a manner that protects the
17public’s right to access such reports.
18g. Provide advice, counsel, and services to the legislative,
19judicial, and executive branch agencies subject to this chapter
20 subchapter on the care and management of state government
21records.
22 Sec. 1390. Section 305.8, subsection 2, paragraph a, Code
232023, is amended to read as follows:
24a. Examine records in the possession, constructive
25possession, or control of state agencies to carry out the
26purposes of this chapter subchapter.
27 Sec. 1391. Section 305.9, subsection 1, unnumbered
28paragraph 1, Code 2023, is amended to read as follows:
29The department of cultural affairs shall do all of the
30following as it relates to state records and archives:
31 Sec. 1392. Section 305.9, subsection 1, paragraphs a and j,
32Code 2023, are amended to read as follows:
33a. Provide Administer the state archives and records
34program and provide administrative support to the state records
35commission through the state archives and records program.
-897- 1j. Provide advice, counsel, and services to the legislative,
2judicial, and executive branch agencies subject to this chapter
3 subchapter on the care and management of state government
4records.
5 Sec. 1393. Section 305.9, subsection 1, paragraph l,
6subparagraph (2), Code 2023, is amended to read as follows:
7(2) Upon request, the state archivist shall make a certified
8copy of any record in the legal custody or in the physical
9custody of the state archivist, or a certified transcript of
10any record if reproduction is inappropriate because of legal or
11physical considerations. If a copy or transcript is properly
12authenticated, it has the same legal effect as though certified
13by the officer from whose office it was transferred or by the
14secretary of state. The department of cultural affairs shall
15establish reasonable fees for certified copies or certified
16transcripts of records in the legal custody or physical custody
17of the state archivist.
18 Sec. 1394. Section 305.9, subsection 2, unnumbered
19paragraph 1, Code 2023, is amended to read as follows:
20The department of cultural affairs may do any of the
21following as it relates to state records and archives:
22 Sec. 1395. Section 305.10, subsection 1, paragraphs d and j,
23Code 2023, are amended to read as follows:
24d. Comply with requests from the state records commission
25or the state archives and records program to examine records
26in the possession, constructive possession, or control of the
27agency in order to carry out the purposes of this chapter
28 subchapter.
29j. Provide for compliance with this chapter subchapter and
30the rules adopted by the state records commission.
31 Sec. 1396. Section 305.14, Code 2023, is amended to read as
32follows:
33305.14 Liability precluded.
34No member of the commission or head of an agency shall
35be held liable for damages or loss, or civil or criminal
-898-1liability, because of the destruction of public records
2pursuant to the provisions of this chapter subchapter or any
3other law authorizing their destruction.
4 Sec. 1397. Section 305.15, Code 2023, is amended to read as
5follows:
6305.15 Exemptions — duties of state department of
7transportation and state board of regents.
8The state department of transportation and the agencies and
9institutions under the control of the state board of regents
10are exempt from the state records manual and the provisions
11of this chapter subchapter. However, the state department of
12transportation and the state board of regents shall adopt rules
13pursuant to chapter 17A for their employees, agencies, and
14institutions that are consistent with the objectives of this
15chapter subchapter. The rules shall be approved by the state
16records commission.
17 Sec. 1398. Section 305.16, subsections 1 and 3, Code 2023,
18are amended to read as follows:
191. Membership. The board shall consist of nine members
20appointed by the governor for three-year staggered terms.
21Members shall be eligible for reappointment. The members shall
22have experience in a field of research or an activity that
23administers or makes extensive use of historical records. The
24majority of the members shall have professional qualifications
25and experience in the administration of government records,
26historical records, or archives. The administrator of the
27historical division of the department of cultural affairs
28 director shall serve as an ex officio member of the board.
293. Administration. The department of cultural affairs,
30through the state archives and records program, is the primary
31agency responsible for providing administrative personnel and
32services for the board.
33 Sec. 1399. CODE EDITOR DIRECTIVE — STATE RECORDS AND
34ARCHIVES.
351. The Code editor is directed to make the following
-899-1transfers:
2a. Section 305.1 to section 8A.601.
3b. Section 305.2 to section 8A.602.
4c. Section 305.3 to section 8A.603.
5d. Section 305.4 to section 8A.604.
6e. Section 305.5 to section 8A.605.
7f. Section 305.6 to section 8A.606.
8g. Section 305.7 to section 8A.607.
9h. Section 305.8 to section 8A.608.
10i. Section 305.9 to section 8A.609.
11j. Section 305.10 to section 8A.610.
12k. Section 305.11 to section 8A.611.
13l. Section 305.12 to section 8A.612.
14m. Section 305.13 to section 8A.613.
15n. Section 305.14 to section 8A.614.
16o. Section 305.15 to section 8A.615.
17p. Section 305.16 to section 8A.616.
182.The Code editor is directed to create a new subchapter
19VI in chapter 8A as follows:Subchapter VI shall be entitled
20“State Records and Archives” and include sections 8A.601
21through 8A.616.
223. The Code editor may modify subchapter titles if necessary
23and is directed to correct internal references in the Code as
24necessary due to enactment of this section.
25Historical Resources
26 Sec. 1400. NEW SECTION. 8A.702 Departmental duties —
27historical resources.
28The duties of the department as it relates to the historical
29resources of the state shall include all of the following:
301. Develop a comprehensive, coordinated, and efficient
31policy to preserve, research, interpret, and promote to the
32public an awareness and understanding of local, state, and
33regional history.
342. Administer and care for historical sites under the
35authority of the department, and maintain collections within
-900-1these buildings.
2a. Except for the state board of regents, a state agency
3which owns, manages, or administers a historical site must
4enter into an agreement with the department under chapter 28E
5to ensure the proper management, maintenance, and development
6of the site.
7b. For the purposes of this section, “historical site”
8means any district, site, building, or structure listed on the
9national register of historic sites or identified as eligible
10for such status by the state historic preservation officer
11or that is identified according to established criteria by
12the state historic preservation officer as significant in
13national, state, and local history, architecture, engineering,
14archaeology, or culture.
153. Encourage and assist local, county, and state
16organizations and museums devoted to historical purposes.
174. Develop standards and criteria for the acquisition of
18historic properties and for the preservation, restoration,
19maintenance, operation, and interpretation of properties under
20the jurisdiction of the department.
215. Implement tourism-related art and history projects as
22directed by the general assembly.
236. Encourage the use of volunteers throughout the
24department as it relates to the historical resources of
25the state, especially for purposes of restoring books and
26manuscripts.
277. Publish matters of historical value to the public.
288. Buy or receive by other means historical materials
29including but not limited to artifacts, art, books,
30manuscripts, and images. Such materials are not personal
31property under sections 8A.321 and 8A.324 and shall be
32received and cared for under the rules of the department. The
33department may sell or otherwise dispose of those materials
34according to the rules of the department and be credited for
35any revenues credited by the disposal less the costs incurred.
-901- 19. Administer the historical resource development program
2established in section 8A.712.
310. Administer, preserve, and interpret the battle
4flag collection assembled by the state in consultation and
5coordination with the department of veterans affairs. A
6portion of the battle flag collection shall be on display at
7the state capitol and the state historical building at all
8times, unless on loan approved by the department.
911. Establish, maintain, and administer a digital
10collection of historical manuscripts, documents, records,
11reports, images, and artifacts and make the collection
12available to the public through an online research center.
1312. Perform such duties as required under chapter 305B.
14 Sec. 1401. Section 218.22, Code 2023, is amended to read as
15follows:
16218.22 Record privileged.
17Except with the consent of the administrator in charge
18of an institution, or on an order of a court of record, the
19record provided in section 218.21 shall be accessible only to
20the administrator of the division of the department of human
21services in control of such institution, the director of the
22department of human services and to assistants and proper
23clerks authorized by such administrator or the administrator’s
24director. The administrator of the division of such
25institution is authorized to permit the division of library
26services of the department of education and the historical
27division of the department of cultural affairs administrative
28services to copy or reproduce by any photographic, photostatic,
29microfilm, microcard or other process which accurately
30reproduces a durable medium for reproducing the original and
31to destroy in the manner described by law such records of
32residents designated in section 218.21.
33 Sec. 1402. Section 303.5, unnumbered paragraph 1, Code
342023, is amended to read as follows:
35The state historical society administrator director may:
-902-1 Sec. 1403. Section 303.5, subsection 1, Code 2023, is
2amended to read as follows:
31. Make and sign any agreements and perform any acts which
4are necessary, desirable, or proper to carry out the purpose
5of the division department as it relates to the historical
6resources of the state.
7 Sec. 1404. Section 303.7, Code 2023, is amended by striking
8the section and inserting in lieu thereof the following:
9303.7 State historical society.
101. As used in this subchapter, “state historical society”
11means a membership organization of the department that is open
12to members of the general public who are interested in the
13history of the state.
142. The state historical society board of trustees shall
15recommend to the director rules for membership of the general
16public in the state historical society, including rules
17relating to membership fees. Members shall be persons who
18indicate an interest in the history, progress, and development
19of the state and who pay the prescribed fee. The members
20of the state historical society may meet at least one time
21per year to further the understanding of the history of this
22state. The members of the society shall not determine policy
23for the department as it relates to the historical resources
24of the state but may advise the director and perform functions
25to stimulate interest in the history of this state among the
26general public. The society may perform other activities
27related to history which are not contrary to this subchapter.
283. Unless designated otherwise, an application for
29membership in the state historical society, or a gift, bequest,
30devise, endowment, or grant to the state historical society or
31the department as it relates to the historical resources of the
32state shall be presumed to be to or in the department.
334. Notwithstanding section 633.63, the board may enter into
34agreements authorizing nonprofit foundations acting solely for
35the support of the state historical society or the department
-903-1to administer the membership program of the state historical
2society and funds of the state historical society or the
3department as it relates to the historical resources of the
4state.
5 Sec. 1405. Section 303.8, subsection 1, paragraphs b and c,
6Code 2023, are amended to read as follows:
7b. Make recommendations to the division administrator
8 director on historically related matters.
9c. Review and recommend to the director or the director’s
10designee policy decisions regarding the division department as
11it relates to the historical resources of the state.
12 Sec. 1406. Section 303.8, Code 2023, is amended by adding
13the following new subsection:
14 NEW SUBSECTION. 3. The department may:
15a. By rule, establish advisory groups necessary for the
16receipt of federal funds or grants or the administration of
17any of the department’s programs relating to the historical
18resources of the state.
19b. Develop and implement fee-based educational programming
20opportunities, including preschool programs, related to arts,
21history, and other cultural matters for Iowans of all ages.
22 Sec. 1407. Section 303.9, subsections 1 and 3, Code 2023,
23are amended to read as follows:
241. All funds received by the department relating to the
25historical resources of the state, including but not limited
26to gifts, endowments, funds from the sale of memberships in
27the state historical society, funds from the sale of mementos
28and other items relating to Iowa history as authorized under
29subsection 2, interest generated by the life membership
30trust fund, and fees, shall be credited to the account of
31the department and are appropriated to the department to
32be invested or used for programs and purposes under the
33authority of the department as it relates to the historical
34resources of the state. Interest earned on funds credited to
35the department, except funds appropriated to the department
-904-1from the general fund of the state, shall be credited to the
2department. Section 8.33 does not apply to funds credited to
3the department under this section.
43. Notwithstanding section 633.63, the state historical
5society board of trustees may authorize nonprofit foundations
6acting solely for the support of the state historical society
7of Iowa department as it relates to the historical resources of
8the state to accept and administer trusts deemed by the board
9to be beneficial to the division’s department’s operations
10under this subchapter. The board and the foundation may act
11as trustees in such instances.
12 Sec. 1408. Section 303.9A, Code 2023, is amended to read as
13follows:
14303.9A Iowa heritage fund.
151. An Iowa heritage fund is created in the state treasury
16to be administered by the state historical society department.
17The fund shall consist of all moneys allocated to the fund by
18the treasurer of state.
192. Moneys in the fund shall be used in accordance with the
20following:
21a. Ninety percent shall be retained by the state historical
22society department and used to maintain and expand Iowa’s
23history curriculum, to provide teacher training in Iowa
24history, and to support museum exhibits, historic sites, and
25adult education programs.
26b. Five percent shall be retained by the state historical
27society department to be used for start-up costs for the one
28hundred seventy-fifth and two hundredth anniversaries of Iowa
29statehood.
30c. Five percent shall be retained by the state historical
31society department to be used for the promotion of the sale
32of the Iowa heritage registration plate issued under section
33321.34.
34 Sec. 1409. Section 303.10, Code 2023, is amended to read as
35follows:
-905- 1303.10 Acceptance and use of money grants.
2All federal grants to and the federal receipts of the
3agencies receiving funds under this chapter subchapter are
4appropriated for the purpose set forth in the federal grants
5or receipts.
6 Sec. 1410. Section 303.11, Code 2023, is amended to read as
7follows:
8303.11 Gifts.
91. The division department may accept gifts and bequests
10which shall be used in accordance with the desires of the donor
11if expressed. Funds contained in an endowment fund for either
12the department of history and archives or the state historical
13society existing on July 1, 1974, remain an endowment of the
14division department. Gifts shall be accepted only on behalf
15of the division department, and gifts to a part, branch, or
16section of the division department are presumed to be gifts to
17the division department.
182. If publication of a book is financed by the endowment
19fund, this chapter subchapter does not prevent the return of
20moneys from sales of the book to the endowment fund.
21 Sec. 1411. Section 303.16, subsections 1 and 2, Code 2023,
22are amended to read as follows:
231. The historical division department shall administer a
24program of grants and loans for historical resource development
25throughout the state, subject to funds for such grants and
26loans being made available through the appropriations process
27or otherwise provided by law.
282. The purpose of the historical resource development
29program is to preserve, conserve, interpret, and enhance
30historical resources that will encourage and support the
31economic and cultural health and development of the state and
32the communities in which the resources are located. For this
33purpose, the division department may make grants and loans as
34otherwise provided by law with funds as may be made available
35by applicable law.
-906-1 Sec. 1412. Section 303.16, subsection 6, paragraphs b, f,
2and g, Code 2023, are amended to read as follows:
3b. A portion of the applicant’s operating expenses may
4be used as a cash match or in-kind match as specified by the
5division’s department’s rules.
6f. Grants under this program may be given only after review
7and recommendation by the state historical society board of
8trustees. The division department may contract with lending
9institutions chartered in this state to act as agents for the
10administration of loans under the program, in which case, the
11lending institution may have the right of final approval of
12loans, subject to the division’s department’s administrative
13rules. If the division department does not contract with
14a lending institution, loans may be made only after review
15and recommendation by the state historical society board of
16trustees.
17g. The division department shall not award grants or loans
18to be used for goods or services obtained outside the state,
19unless the proposed recipient demonstrates that it is neither
20feasible nor prudent to obtain the goods or services within the
21state.
22 Sec. 1413. Section 303.16, subsections 8 and 9, Code 2023,
23are amended to read as follows:
248. The division department may use ten percent of the annual
25appropriation allocation to the division historical resource
26grant and loan fund established in this section pursuant
27to section 455A.19, but in no event more than seventy-five
28thousand dollars, for administration of the grant and loan
29program.
309. a. (1) The division department may establish a
31historical resource grant and loan fund composed of any
32money appropriated by the general assembly for that purpose,
33funds allocated pursuant to section 455A.19, and of any other
34moneys available to and obtained or accepted by the division
35 department from the federal government or private sources for
-907-1placement in that fund. Each loan made under this section
2shall be for a period not to exceed ten years, shall bear
3interest at a rate determined by the state historical board,
4and shall be repayable to the revolving loan fund in equal
5yearly installments due March 1 of each year the loan is in
6effect. The interest rate upon loans for which payment is
7delinquent shall accelerate immediately to the current legal
8usury limit. Applicants are eligible for not more than one
9hundred thousand dollars in loans outstanding at any time under
10this program. A single lending institution contracting with
11the division department pursuant to this section shall not hold
12more than five hundred thousand dollars worth of outstanding
13loans under the program.
14(2) Any applicant, who is otherwise eligible, who receives
15a direct or indirect appropriation from the general assembly
16for a project or portion of a project is ineligible for a
17historical resources development grant for that same project
18during the fiscal year for which the appropriation is made.
19For purposes of this paragraph, “project” includes any related
20activities, including but not limited to construction,
21restoration, supplies, equipment, consulting, or other
22services.
23b. The division department may:
24(1) Contract and adopt administrative rules necessary to
25carry out the provisions of this section, but the division
26 department shall not in any manner directly or indirectly
27pledge the credit of the state of Iowa.
28(2) Authorize payment from the historical resource grant
29and loan fund, from fees and from any income received by
30investments of money in the fund for costs, commissions,
31attorney fees and other reasonable expenses related to
32and necessary for making and protecting direct loans under
33this section, and for the recovery of moneys loaned or the
34management of property acquired in connection with such loans.
35 Sec. 1414. Section 303.16, subsection 10, paragraph b, Code
-908-12023, is amended to read as follows:
2b. A country schools historical resource preservation
3grant program is therefore established to be administered by
4the historical division department for the preservation of
5one-room and two-room buildings once used as country schools.
6In developing grant approval criteria, the division department
7 shall place a priority on the educational uses planned for the
8country school building, which may include, but are not limited
9to, historical interpretation and use as a teaching museum or
10as an operational classroom accessible to a school district
11or accredited nonpublic school for provisional instructional
12purposes.
13 Sec. 1415. Section 305B.5, Code 2023, is amended to read as
14follows:
15305B.5 Notice of injury or loss.
16A museum shall give a lender or claimant prompt notice of
17any known injury to or loss of property on loan on a form for
18notice of injury loss adopted by rule by the department of
19administrative services. The department of cultural affairs
20shall adopt by rule a form for notice of injury or loss, no
21later than January 1, 1989, and shall distribute the rule
22and form to all identified museums in Iowa within sixty days
23after adoption of the rule. The notice shall be mailed to the
24lender’s or claimant’s last known address in event of injury
25or loss of property on loan to the museum. Published notice of
26injury or loss of undocumented property shall not be required.
27 Sec. 1416. Section 305B.8, subsection 3, Code 2023, is
28amended to read as follows:
293. The department of cultural affairs administrative
30services shall adopt by rule a form for notice of intent to
31preserve an interest in property on loan to a museum. The
32form shall satisfy the requirements of subsection 1 and shall
33notify the claimant of the rights and procedures to preserve an
34interest in museum property. The form shall also facilitate
35recordkeeping and record retrieval by a museum. At a minimum
-909-1the form shall provide a place for recording evidence of
2receipt of a notice by a museum, including the date of receipt,
3signature of the person receiving the notice, and the date on
4which a copy of the receipt is returned to the claimant.
5 Sec. 1417. Section 305B.11, subsection 2, Code 2023, is
6amended to read as follows:
72. The department of cultural affairs administrative
8services may by rule determine the minimum form and substance
9of recordkeeping by museums with regard to museum property to
10implement this chapter.
11 Sec. 1418. Section 321.34, subsection 25, paragraph b, Code
122023, is amended to read as follows:
13b. An owner referred to in subsection 12, upon written
14application to the department, may order special registration
15plates with a civil war sesquicentennial processed emblem. The
16special plate fees collected by the director under subsection
1712, paragraphs “a” and “c”, from the issuance and annual
18validation of letter-number designated and personalized civil
19war sesquicentennial plates shall be paid monthly to the
20treasurer of state and deposited in the road use tax fund. The
21treasurer of state shall transfer monthly from the statutory
22allocations fund created under section 321.145, subsection 2,
23to the department of cultural affairs administrative services
24 the amount of the special fees collected under subsection
2512, paragraph “a”, in the previous month for civil war
26sesquicentennial plates, and such funds are appropriated to the
27department of cultural affairs administrative services to be
28used for the Iowa battle flag project.
29 Sec. 1419. Section 423.3, subsection 34, Code 2023, is
30amended to read as follows:
3134. The sales price from sales of mementos and other items
32relating to Iowa history and historic sites by the department
33of cultural affairs administrative services on the premises of
34property under its control and at the state capitol.
35 Sec. 1420. Section 427.16, subsection 7, paragraph b, Code
-910-12023, is amended to read as follows:
2b. A historical site as defined in section 303.2 8A.702.
3 Sec. 1421. Section 455A.19, subsection 1, paragraph f, Code
42023, is amended to read as follows:
5f. Five percent shall be allocated to the historical
6resource grant and loan fund established pursuant to section
7303.16. The department of cultural affairs administrative
8services shall use the moneys allocated to this fund to
9implement historical resource development programs as provided
10under section 303.16.
11 Sec. 1422. Section 904.601, subsection 1, Code 2023, is
12amended to read as follows:
131. The director shall keep the following record
14of every person committed to any of the department’s
15institutions: Name, residence, sex, age, place of birth,
16occupation, civil condition, date of entrance or commitment,
17date of discharge, whether a discharge is final, condition of
18the person when discharged, the name of the institutions from
19which and to which the person has been transferred, and if the
20person is dead, the date and cause of death. The director may
21permit the division of library services of the department of
22education and the historical division of the department of
23cultural affairs administrative services to copy or reproduce
24by any photographic, photostatic, microfilm, microcard, or
25other process which accurately reproduces in a durable medium
26and to destroy in the manner described by law the records of
27inmates required by this paragraph.
28 Sec. 1423. 2012 Iowa Acts, chapter 1136, section 27,
29subsection 1, is amended to read as follows:
301. A battle flag restoration fund is created and established
31as a separate and distinct fund in the state treasury under the
32control of the department of cultural affairs administrative
33services. The moneys in the fund are appropriated to the
34department for purposes of continuing the project recommended
35by the Iowa battle flag advisory committee to stabilize the
-911-1condition of the battle flag collection. Moneys in the fund
2shall not be subject to appropriation for any other purpose by
3the general assembly, but shall be used only for the purposes
4of the battle flag restoration fund.
5 Sec. 1424. CODE EDITOR DIRECTIVE — HISTORICAL RESOURCES.
61. The Code editor is directed to make the following
7transfers:
8a. Section 303.4 to section 8A.703.
9b. Section 303.5 to section 8A.704.
10c. Section 303.6 to section 8A.705.
11d. Section 303.7 to section 8A.706.
12e. Section 303.8 to section 8A.707.
13f. Section 303.9 to section 8A.708.
14g. Section 303.9A to section 8A.709.
15h. Section 303.10 to section 8A.710.
16i. Section 303.11 to section 8A.711.
17j. Section 303.16 to section 8A.712.
182.The Code editor is directed to create a new subchapter
19VII in chapter 8A as follows:Subchapter VII shall be entitled
20“Historical Resources” and include sections 8A.702 through
218A.712.
223. The Code editor may modify subchapter titles if necessary
23and is directed to correct internal references in the Code as
24necessary due to enactment of this section.
25DIVISION III
26DEPARTMENT OF INSPECTIONS, APPEALS, AND LICENSING
27organization — general provisions
28 Sec. 1425. Section 7E.5, subsection 1, paragraphs d and h,
29Code 2023, are amended to read as follows:
30d. The department of inspections, and appeals, and
31licensing, created in section 10A.102, which has primary
32responsibility for licensing, administering the laws
33relating to employment safety, labor standards, and workers’
34compensation, and coordinating the conducting of various
35inspections, investigations, appeals, hearings, and audits.
-912- 1h. The department of workforce development, created
2in section 84A.1, which has primary responsibility for
3administering the laws relating to unemployment compensation
4insurance, job placement and training, employment safety, labor
5standards, workers’ compensation, and related matters.
6 Sec. 1426. Section 10A.101, subsections 2 and 3, Code 2023,
7are amended to read as follows:
82. “Department” means the department of inspections, and
9 appeals, and licensing.
103. “Director” means the director of inspections, and
11 appeals, and licensing.
12 Sec. 1427. Section 10A.102, Code 2023, is amended to read
13as follows:
1410A.102 Department established.
15The department of inspections, and appeals, and licensing is
16established. The director of the department shall be appointed
17by the governor to serve at the pleasure of the governor
18subject to confirmation by the senate no less frequently than
19every four years, whether or not there has been a new director
20appointed during that time. If the office becomes vacant, the
21vacancy shall be filled in the same manner as provided for the
22original appointment.
23 Sec. 1428. Section 10A.103, Code 2023, is amended to read
24as follows:
2510A.103 Purpose of the department.
26The department is created for the purpose of coordinating
27and conducting various audits, appeals, hearings, inspections,
28and investigations, and licensing activities related to the
29operations of the executive branch of state government, and
30administering the laws relating to employment safety, labor
31standards, and workers’ compensation.
32 Sec. 1429. Section 10A.104, subsections 2 and 5, Code 2023,
33are amended to read as follows:
342. Appoint the administrators of the divisions within
35the department and all other personnel deemed necessary for
-913-1the administration of this chapter, except the state public
2defender, assistant state public defenders, administrator
3of the racing and gaming commission, labor commissioner,
4workers’ compensation commissioner, director of the Iowa
5state civil rights commission, and members of the employment
6appeal board, and administrator of the child advocacy board
7created in section 237.16. All persons appointed and employed
8in the department are covered by the provisions of chapter
98A, subchapter IV, but persons not appointed by the director
10are exempt from the merit system provisions of chapter 8A,
11subchapter IV.
125. Adopt Except for rules required or authorized by law
13to be adopted by another entity, adopt rules deemed necessary
14for the implementation and administration of this chapter in
15accordance with chapter 17A.
16 Sec. 1430. Section 10A.104, Code 2023, is amended by adding
17the following new subsections:
18 NEW SUBSECTION. 15. To adopt rules, in consultation with
19the state fire marshal, designating a fee to be assessed
20to each building, structure, or facility for which a fire
21safety inspection or plan review is required by law. The fee
22designated by rule shall be set in an amount that is reasonably
23related to the costs of conducting the applicable inspection
24or plan review. The fees collected shall be deposited in the
25general fund of the state.
26 NEW SUBSECTION. 16. Serve as the state building code
27commissioner pursuant to section 103A.4 and administer chapters
28101, 101A, 101B, 103, 103A, 104A, 104B, and 105.
29 NEW SUBSECTION. 17. Establish, publish, and enforce
30rules not inconsistent with law for the enforcement of those
31provisions of Title IV, subtitle 2, the administration and
32supervision of which are imposed upon the department.
33 NEW SUBSECTION. 18. Enforce the law relative to
34“Health-related Professions”, Title IV, subtitle 3, excluding
35chapter 147A.
-914-1 NEW SUBSECTION. 19. Regulate and supervise real estate
2appraisers under chapter 543D and real estate appraisal
3management companies under chapter 543E.
4 Sec. 1431. Section 10A.106, Code 2023, is amended to read
5as follows:
610A.106 Divisions of the department.
71. The department is comprised of the following divisions:
8a. Administrative administrative hearings division.
9b. Investigations, labor services division.
10c. Health facilities, workers’ compensation division, and
11other divisions as appropriate.
122. The allocation of departmental duties to the divisions of
13the department in sections 10A.402, 10A.702, sections 10A.202,
1410A.301, and 10A.801 does not prohibit the director from
15reallocating departmental duties within the department.
16 Sec. 1432. NEW SECTION. 10A.109 Statutory board,
17commission, committee, or council — teleconference option.
18Any statutorily established board, commission, committee,
19or council established under the purview of the department
20relative to “Health-related Professions”, Title IV, subtitle
213, excluding chapter 147A, shall provide for a teleconference
22option for board, commission, committee, or council members to
23participate in official meetings.
24 Sec. 1433. Section 10A.402, unnumbered paragraph 1, Code
252023, is amended to read as follows:
26The administrator director shall coordinate the division’s
27 department’s conduct of various audits and investigations as
28provided by law including but not limited to the following:
29 Sec. 1434. Section 10A.403, Code 2023, is amended to read
30as follows:
3110A.403 Investigators — peace officer status.
32Investigators of the division department shall have the
33powers and authority of peace officers when acting within the
34scope of their responsibilities to conduct investigations as
35specified in section 10A.402, subsection 5. An investigator
-915-1shall not carry a weapon to perform responsibilities as
2described in this section.
3 Sec. 1435. Section 10A.601, subsection 1, Code 2023, is
4amended to read as follows:
51. A full-time employment appeal board is created within the
6department of inspections, and appeals, and licensing, to hear
7and decide contested cases under chapter 8A, subchapter IV, and
8chapters 80, 88, 91C, 96, and 97B.
9 Sec. 1436. Section 10A.702, unnumbered paragraph 1, Code
102023, is amended to read as follows:
11The administrator director shall coordinate the division’s
12 department’s conduct of various inspections and investigations
13as otherwise provided by law including, but not limited to, all
14of the following:
15 Sec. 1437. Section 10A.702, subsection 2, Code 2023, is
16amended to read as follows:
172. Inspections and other licensing procedures relative to
18the hospice program, hospitals, and health care facilities.
19The division department is designated as the sole licensing
20authority for these programs and facilities.
21 Sec. 1438. Section 10A.801, subsection 1, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23For purposes of this article subchapter, unless the context
24otherwise requires:
25 Sec. 1439. Section 10A.801, subsection 1, paragraph b, Code
262023, is amended to read as follows:
27b. “Division” means the administrative hearings division of
28the department of inspections, and appeals, and licensing.
29 Sec. 1440. Section 84A.1, subsection 3, Code 2023, is
30amended to read as follows:
313. a. The director of the department of workforce
32development shall, subject to the requirements of section
3384A.1B, prepare, administer, and control the budget of the
34department and its divisions and shall approve the employment
35of all personnel of the department and its divisions.
-916- 1b. The director of the department of workforce development
2shall direct the administrative and compliance functions and
3control the docket of the division of workers’ compensation.
4 Sec. 1441. Section 84A.5, subsections 4 and 5, Code 2023,
5are amended by striking the subsections.
6 Sec. 1442. REPEAL. Sections 10A.401 and 10A.701, Code 2023,
7are repealed.
8 Sec. 1443. CODE EDITOR DIRECTIVE.
91. The Code editor is directed to make the following
10transfers:
11a. Section 135.61 to section 10A.711.
12b. Section 135.62 to section 10A.712.
13c. Section 135.63 to section 10A.713.
14d. Section 135.64 to section 10A.714.
15e. Section 135.65 to section 10A.715.
16f. Section 135.66 to section 10A.716.
17g. Section 135.67 to section 10A.717.
18h. Section 135.68 to section 10A.718.
19i. Section 135.69 to section 10A.719.
20j. Section 135.70 to section 10A.720.
21k. Section 135.71 to section 10A.721.
22l. Section 135.72 to section 10A.722.
23m. Section 135.73 to section 10A.723.
24n. Section 135.74 to section 10A.724.
25o. Section 135.75 to section 10A.725.
26p. Section 135.76 to section 10A.726.
27q. Section 135.78 to section 10A.727.
28r. Section 135.79 to section 10A.728.
29s. Section 135.83 to section 10A.729.
302. The Code editor is directed to rename and retitle article
31I of chapter 10A as follows:
32Subchapter I GENERAL PROVISIONS
333. The Code editor is directed to rename and retitle article
34IV of chapter 10A as follows:
35Subchapter IV INVESTIGATIONS
-917- 14. The Code editor is directed to rename article VI of
2chapter 10A as subchapter VI.
35. The Code editor is directed to rename and retitle article
4VII of chapter 10A and designate parts as follows:
5a. Subchapter VII shall be entitled HEALTH FACILITIES and
6include sections 10A.702 through 10A.729.
7b. Subchapter VII, part 1, shall be entitled GENERAL
8PROVISIONS and include section 10A.702.
9c. Subchapter VII, part 2, shall be entitled HEALTH
10FACILITIES COUNCIL and include sections 10A.711 through
1110A.729.
126. The Code editor is directed to rename article VIII of
13chapter 10A as subchapter VIII.
147. The Code editor shall correct internal references in the
15Code and in any enacted legislation as necessary due to the
16enactment of this section.
17LABOR SERVICES
18 Sec. 1444. NEW SECTION. 10A.200 Definitions.
19As used in this subchapter, unless the context otherwise
20requires:
211. “Commissioner” means the labor commissioner appointed
22pursuant to section 10A.203, or the commissioner’s designee.
232. “Division” means the division of labor services of the
24department of inspections, appeals, and licensing.
25 Sec. 1445. NEW SECTION. 10A.202 Labor services —
26responsibilities.
271. The division is responsible for the administration of
28the laws of this state under chapters 88 and 89B and sections
2985.67A and 85.68, and such other duties assigned to the
30division or commissioner. The executive head of the division
31is the commissioner, appointed pursuant to section 10A.203.
322. The department is responsible for the administration of
33the laws of this state under chapters 88A, 88B, 89, 89A, 90A,
3491A, 91C, 91D, 91E, 92, and such other labor-services duties
35assigned to the department or director.
-918-1 Sec. 1446. Section 73A.21, subsection 1, paragraphs a and b,
2Code 2023, are amended by striking the paragraphs.
3 Sec. 1447. Section 73A.21, subsections 5, 6, 8, and 9, Code
42023, are amended to read as follows:
55. The commissioner director and the division department
6 shall administer and enforce this section, and the commissioner
7 director shall adopt rules for the administration and
8enforcement of this section as provided in section 91.6.
96. The commissioner director shall have the following
10powers and duties for the purposes of this section:
11a. The commissioner director may hold hearings and
12investigate charges of violations of this section.
13b. The commissioner director may, consistent with due
14process of law, enter any place of employment to inspect
15records concerning labor force residency, to question
16an employer or employee, and to investigate such facts,
17conditions, or matters as are deemed appropriate in determining
18whether any person has violated the provisions of this section.
19The commissioner director shall only make such an entry in
20response to a written complaint.
21c. The commissioner director shall develop a written
22complaint form applicable to this section and make it available
23in division department offices and on the department of
24workforce development’s department’s internet site.
25d. The commissioner director may sue for injunctive relief
26against the awarding of a contract, the undertaking of a public
27improvement, or the continuation of a public improvement in
28response to a violation of this section.
29e. The commissioner director may investigate and ascertain
30the residency of a worker engaged in any public improvement in
31this state.
32f. The commissioner director may administer oaths, take
33or cause to be taken deposition of witnesses, and require
34by subpoena the attendance and testimony of witnesses and
35the production of all books, registers, payrolls, and other
-919-1evidence relevant to a matter under investigation or hearing.
2g. The commissioner director may employ qualified personnel
3as are necessary for the enforcement of this section. Such
4personnel shall be employed pursuant to the merit system
5provisions of chapter 8A, subchapter IV.
6h. The commissioner director shall require a contractor or
7subcontractor to file, within ten days of receipt of a request,
8any records enumerated in subsection 7. If the contractor or
9subcontractor fails to provide the requested records within ten
10days, the commissioner director may direct, within fifteen days
11after the end of the ten-day period, the fiscal or financial
12office charged with the custody and disbursement of funds of
13the public body that contracted for construction of the public
14improvement or undertook the public improvement, to immediately
15withhold from payment to the contractor or subcontractor
16up to twenty-five percent of the amount to be paid to the
17contractor or subcontractor under the terms of the contract
18or written instrument under which the public improvement is
19being performed. The amount withheld shall be immediately
20released upon receipt by the public body of a notice from
21the commissioner indicating that the request for records as
22required by this section has been satisfied.
238. Any person or entity that violates the provisions of
24this section is subject to a civil penalty in an amount not
25to exceed one thousand dollars for each violation found in
26a first investigation by the division department, not to
27exceed five thousand dollars for each violation found in a
28second investigation by the division department, and not to
29exceed fifteen thousand dollars for a third or subsequent
30violation found in any subsequent investigation by the division
31 department. Each violation of this section for each worker and
32for each day the violation continues constitutes a separate and
33distinct violation. In determining the amount of the penalty,
34the division department shall consider the appropriateness of
35the penalty to the person or entity charged, upon determination
-920-1of the gravity of the violations. The collection of these
2penalties shall be enforced in a civil action brought by the
3attorney general on behalf of the division department.
49. A party seeking review of the division’s department’s
5 determination pursuant to this section may file a written
6request for an informal conference. The request must be
7received by the division department within fifteen days
8after the date of issuance of the division’s department’s
9 determination. During the conference, the party seeking
10review may present written or oral information and arguments
11as to why the division’s department’s determination should be
12amended or vacated. The division department shall consider
13the information and arguments presented and issue a written
14decision advising all parties of the outcome of the conference.
15 Sec. 1448. Section 91.2, Code 2023, is amended to read as
16follows:
1791.2 Appointment Labor commissioner — appointment.
18The governor shall appoint, subject to confirmation by the
19senate, a labor commissioner who shall serve for a period of
20six years beginning and ending as provided in section 69.19 at
21the pleasure of the governor. If the office becomes vacant,
22the vacancy shall be filled in the same manner as provided for
23the original appointment.
24 Sec. 1449. Section 91.4, Code 2023, is amended to read as
25follows:
2691.4 Duties and powers — labor services.
271. The duties of said the commissioner or director, as
28applicable, pursuant to this subchapter shall be as follows:
29a. To safely keep all records, papers, documents,
30correspondence, and other property pertaining to or coming into
31the commissioner’s or director’s hands by virtue of the office,
32and deliver the same to the commissioner’s or director’s
33 successor, except as otherwise provided.
34b. To collect, assort, and systematize statistical details
35relating to programs of the division of labor services or
-921-1department under this subchapter.
2c. To issue from time to time bulletins containing
3information of importance to the industries of the state and
4to the safety of wage earners.
5d. To conduct and to cooperate with other interested persons
6and organizations in conducting educational programs and
7projects on employment safety.
8e. 2. To The commissioner shall serve as an ex officio
9member of the state fire service and emergency response council
10created in section 100B.1, or shall appoint a designee to serve
11as an ex officio member of such council, to assist the council
12in the development of rules relating to fire fighting training
13standards and any other issues relating to occupational safety
14and health standards for fire fighters.
152. 3. The director of the department of workforce
16development, in consultation with the labor commissioner,
17shall, at the time provided by law, make an annual report to
18the governor setting forth in appropriate form the business and
19expense of the division of labor services and department under
20this subchapter for the preceding year, the number of remedial
21actions taken under chapter 89A, the number of disputes or
22violations processed by the division or department and the
23disposition of the disputes or violations, and other matters
24pertaining to the division or department under this subchapter
25 which are of public interest, together with recommendations for
26change or amendment of the laws in this chapter and chapters
2788, 88A, 88B, 89, 89A, 89B, 90A, 91A, 91C, 91D, 91E, and
28 92, and 94A, and section sections 85.67A, and 85.68, and the
29recommendations, if any, shall be transmitted by the governor
30to the first general assembly in session after the report is
31filed.
323. 4. The commissioner or director, as applicable, with the
33assistance of the office of the attorney general if requested
34by the commissioner or director, may commence a civil action
35in any court of competent jurisdiction to enforce the statutes
-922-1under the commissioner’s or director’s jurisdiction under this
2subchapter.
34. 5. The division of labor services or department, as
4applicable, may sell documents printed by the division or
5department as it relates to this subchapter at cost according
6to rules established by the labor commissioner or director
7 pursuant to chapter 17A. Receipts from the sale shall be
8deposited to the credit of the division department and may
9be used by the division for administrative expenses of the
10division and department under this subchapter.
115. 6. Except as provided in chapter 91A, the commissioner
12or director, as applicable, may recover interest, court costs,
13and any attorney fees incurred in recovering any amounts due
14under this subchapter. The recovery shall only take place
15after final agency action is taken under chapter 17A, or upon
16judicial review, after final disposition of the case by the
17court. Attorney fees recovered in an action brought under
18the jurisdiction of the commissioner or director under this
19subchapter shall be deposited in the general fund of the state.
20The commissioner is and director are exempt from the payment of
21any filing fee or other court costs including but not limited
22to fees paid to county sheriffs.
236. 7. The commissioner or director may establish rules
24pursuant to chapter 17A to assess and collect interest on fees,
25penalties, and other amounts due the division or department,
26as applicable, under this subchapter. The commissioner or
27director may delay or, following written notice, deny the
28issuance of a license, commission, registration, certificate,
29or permit authorized under chapter 88A, 89, 89A, 90A, or
30 91C, or 94A if the applicant for the license, commission,
31registration, certificate, or permit owes a liquidated debt to
32the commissioner or director.
33 Sec. 1450. Section 91.5, Code 2023, is amended to read as
34follows:
3591.5 Other duties — jurisdiction in general.
-923- 1The As provided by this subchapter, the commissioner
2or director shall have jurisdiction and it shall be the
3commissioner’s or director’s duty to supervise the enforcement
4of:
51. All laws relating to safety appliances and inspection
6thereof and health conditions in manufacturing and mercantile
7establishments, workshops, machine shops, other industrial
8concerns within the commissioner’s jurisdiction and sanitation
9and shelter for railway employees.
102. All laws of the state relating to child labor.
113. All laws relating to employment agencies.
124. Such other provisions of law as are now or shall
13hereafter be relating to this subchapter within the
14commissioner’s or director’s jurisdiction.
15 Sec. 1451. Section 91.6, Code 2023, is amended to read as
16follows:
1791.6 Rules Labor commissioner — rules.
18The commissioner shall adopt rules pursuant to chapter 17A
19for the purpose of administering this chapter and all other
20 chapters under the commissioner’s jurisdiction as provided in
21section 10A.202, subsection 1.
22 Sec. 1452. Section 91.8, Code 2023, is amended to read as
23follows:
2491.8 Traveling expenses.
25The director, commissioner, inspectors, and other employees
26of the office division or department shall be allowed their
27necessary traveling expenses while in the discharge of their
28duties under this subchapter.
29 Sec. 1453. Section 91.9, Code 2023, is amended to read as
30follows:
3191.9 Right to enter premises.
32The labor director, commissioner, and the inspectors shall
33have the power to enter any factory or mill, workshop, mine,
34store, railway facility, including locomotive or caboose,
35business house, or public or private work, when the same is
-924-1open or in operation, for the purpose of gathering facts and
2statistics such as are contemplated by this chapter subchapter,
3and to examine into the methods of protection from danger to
4employees, and the sanitary conditions in and around such
5buildings and places, and make a record thereof.
6 Sec. 1454. Section 91.10, Code 2023, is amended to read as
7follows:
891.10 Power to secure evidence.
9The labor director or commissioner, or the commissioner’s
10designee as applicable, may issue subpoenas, administer
11oaths, and take testimony in all matters relating to the
12duties required of them the director or commissioner under
13this subchapter. Witnesses subpoenaed and testifying before
14the director or commissioner or the commissioner’s designee
15 shall be paid the same fees as witnesses under section 622.69,
16payment to be made out of the funds appropriated to the
17department or division of labor services, as applicable.
18 Sec. 1455. Section 91.11, Code 2023, is amended to read as
19follows:
2091.11 Prosecutions for violations — labor services.
211. If the director or commissioner learns of any violation
22of any law administered by the department or division under
23this subchapter, the director or commissioner may give the
24county attorney of the county in which the violation occurred
25written notice of the facts, whereupon that officer shall
26institute the proper proceedings against the person charged
27with the offense.
282. If the director or commissioner is of the opinion
29that the violation is not willful, or is an oversight or of
30a trivial nature, the director or commissioner may at the
31director’s or commissioner’s discretion fix a time within
32which the violation shall be corrected and notify the owner,
33operator, superintendent, or person in charge. If the
34violation is corrected within the time fixed, then the director
35or commissioner shall not cause prosecution to be begun.
-925-1 Sec. 1456. Section 91.15, Code 2023, is amended to read as
2follows:
391.15 Definition of additional terms.
4The expressions “factory”, “mill”, “workshop”, “mine”,
5“store”, “railway”, “business house”, and “public or private
6work”, as used in this chapter subchapter, shall be construed
7to mean any factory, mill, workshop, mine, store, railway,
8business house, or public or private work, where wage earners
9are employed for a compensation.
10 Sec. 1457. Section 91.16, Code 2023, is amended to read as
11follows:
1291.16 Violations — penalties.
13Persons violating any of the provisions of this chapter
14 subchapter shall be punished as in this section provided,
15respectively:
161. Any owner, superintendent, manager, or person in charge
17of any factory, mill, workshop, store, mine, hotel, restaurant,
18cafe, railway, business house, or public or private work, who
19shall refuse to allow the labor director, commissioner, or any
20inspector or employee of the department or division of labor
21services to enter the same, or who shall hinder or deter the
22director, commissioner, inspector, or employee in collecting
23information which it is that person’s duty to collect shall be
24guilty of a simple misdemeanor.
252. Any officer or employee of the department or division
26of labor services, or any person making unlawful use of names
27or information obtained under this subchapter by virtue of the
28person’s office, shall be guilty of a serious misdemeanor.
293. Any owner, operator, or manager of a factory, mill,
30workshop, mine, store, railway, business house, or public or
31private work, who shall neglect or refuse for thirty days
32after receipt of notice from the director or commissioner to
33furnish any reports or returns the director or commissioner may
34require to enable the director or commissioner to discharge the
35director’s or commissioner’s duties under this subchapter shall
-926-1be guilty of a simple misdemeanor.
2 Sec. 1458. REPEAL. Section 91.1, Code 2023, is repealed.
3 Sec. 1459. CODE EDITOR DIRECTIVE.
41. The Code editor is directed to make the following
5transfers:
6a. Section 91.2 to section 10A.203.
7b. Section 91.4 to section 10A.204.
8c. Section 91.5 to section 10A.205.
9d. Section 91.6 to section 10A.206.
10e. Section 91.8 to section 10A.207.
11f. Section 91.9 to section 10A.208.
12g. Section 91.10 to section 10A.209.
13h. Section 91.11 to section 10A.210.
14i. Section 91.15 to section 10A.201.
15j. Section 91.16 to section 10A.211.
16k. Section 73A.21 to section 8A.311B.
172.The Code editor is directed to rename article II in
18chapter 10A as follows:
19Article II shall be subchapter II and shall be entitled
20“Labor Services” and include sections 10A.200 through 10A.211.
213. The Code editor may modify subchapter titles if necessary
22and is directed to correct internal references in the Code as
23necessary due to enactment of this section.
24WORKERS’ COMPENSATION
25 Sec. 1460. NEW SECTION. 10A.301 Definitions.
26As used in this subchapter, unless the context otherwise
27requires:
281. “Commissioner” means the workers’ compensation
29commissioner appointed pursuant to section 86.1, or the
30commissioner’s designee.
312. “Division” means the division of workers’ compensation of
32the department of inspections, appeals, and licensing.
33 Sec. 1461. NEW SECTION. 10A.302 Workers’ compensation —
34responsibilities.
35The division is responsible for the administration of the
-927-1laws of this state relating to workers’ compensation under this
2subchapter and chapters 85, 85A, 85B, and 87. The executive
3head of the division is the workers’ compensation commissioner,
4appointed pursuant to section 86.1.
5 Sec. 1462. Section 86.1, Code 2023, is amended to read as
6follows:
786.1 Workers’ compensation commissioner — term appointment.
8The governor shall appoint, subject to confirmation by the
9senate, a workers’ compensation commissioner whose term of
10office who shall be six years beginning and ending as provided
11in section 69.19 serve at the pleasure of the governor. The
12workers’ compensation commissioner shall maintain an office
13at the seat of government. If the office becomes vacant, the
14vacancy shall be filled in the same manner as provided for the
15original appointment. The workers’ compensation commissioner
16must be a lawyer admitted to practice in this state.
17 Sec. 1463. Section 86.7, Code 2023, is amended to read as
18follows:
1986.7 Interest in affected business.
20It shall be unlawful for the commissioner to be financially
21interested in any business enterprise coming under or affected
22by this chapter subchapter during the commissioner’s term of
23office, and if the commissioner violates this statute, it shall
24be sufficient grounds for removal from office, and in such
25case the governor shall at once declare the office vacant and
26appoint another to fill the vacancy.
27 Sec. 1464. Section 86.8, subsection 1, paragraph a, Code
282023, is amended to read as follows:
29a. Adopt and enforce rules necessary to implement this
30chapter subchapter and chapters 85, 85A, 85B, and 87.
31 Sec. 1465. Section 86.9, subsections 1 and 2, Code 2023, are
32amended to read as follows:
331. The director of the department of workforce development,
34in consultation with the commissioner, shall, at the time
35provided by law, make an annual report to the governor setting
-928-1forth in appropriate form the business and expense of the
2division of workers’ compensation for the preceding year, the
3number of claims processed by the division and the disposition
4of the claims, and other matters pertaining to the division
5which are of public interest, together with recommendations
6for change or amendment of the laws in this chapter subchapter
7 and chapters 85, 85A, 85B, and 87, and the recommendations, if
8any, shall be transmitted by the governor to the first general
9assembly in session after the report is filed.
102. The commissioner, after consultation with the director
11of the department of workforce development, may compile an
12annual report setting forth the final decisions, rulings, and
13orders of the division for the preceding year and setting forth
14other matters or information which the commissioner considers
15desirable for publication.
16 Sec. 1466. Section 86.13, subsection 1, Code 2023, is
17amended to read as follows:
181. If an employer or insurance carrier pays weekly
19compensation benefits to an employee, the employer or insurance
20carrier shall file with the workers’ compensation commissioner
21in the form and manner required by the workers’ compensation
22commissioner a notice of the commencement of the payments.
23The payments establish conclusively that the employer and
24insurance carrier have notice of the injury for which benefits
25are claimed but the payments do not constitute an admission of
26liability under this chapter subchapter or chapter 85, 85A, or
2785B.
28 Sec. 1467. Section 86.13, subsection 4, paragraph a, Code
292023, is amended to read as follows:
30a. If a denial, a delay in payment, or a termination of
31benefits occurs without reasonable or probable cause or excuse
32known to the employer or insurance carrier at the time of
33the denial, delay in payment, or termination of benefits,
34the workers’ compensation commissioner shall award benefits
35in addition to those benefits payable under this chapter
-929-1 subchapter, or chapter 85, 85A, or 85B, up to fifty percent of
2the amount of benefits that were denied, delayed, or terminated
3without reasonable or probable cause or excuse.
4 Sec. 1468. Section 86.17, Code 2023, is amended to read as
5follows:
686.17 Hearings — presiding officer — venue.
71. Notwithstanding the provisions of section 17A.11,
8the workers’ compensation commissioner or a deputy workers’
9compensation commissioner shall preside over any contested case
10proceeding brought under this chapter subchapter, or chapter
1185, 85A, or 85B in the manner provided by chapter 17A. The
12deputy commissioner or the commissioner may make such inquiries
13in contested case proceedings as shall be deemed necessary, so
14long as such inquiries do not violate any of the provisions of
15section 17A.17.
162. Hearings in contested case proceedings under this
17subchapter and chapters 85, and 85A and this chapter shall be
18held in the judicial district where the injury occurred. By
19written stipulation of the parties or by the order of a deputy
20workers’ compensation commissioner or the commissioner, a
21hearing may be held elsewhere. If the injury occurred outside
22this state, or if the proceeding is not one for benefits
23resulting from an injury, hearings shall be held in Polk county
24or as otherwise stipulated by the parties or by order of a
25deputy workers’ compensation commissioner or the workers’
26compensation commissioner.
27 Sec. 1469. Section 86.18, subsection 1, Code 2023, is
28amended to read as follows:
291. Evidence, process and procedure in contested case
30proceedings or appeal proceedings within the agency under this
31chapter, subchapter and chapters 85 and 85A shall be as summary
32as practicable consistent with the requirements of chapter 17A.
33 Sec. 1470. Section 86.19, subsection 1, Code 2023, is
34amended to read as follows:
351. The workers’ compensation commissioner, or a deputy
-930-1commissioner, may appoint or may direct a party to furnish at
2the party’s initial expense a certified shorthand reporter
3to be present and report, or to furnish mechanical means
4to record, and if necessary, transcribe proceedings of any
5contested case under this chapter, subchapter and chapters 85
6and 85A and fix the reasonable amount of compensation for such
7service. The charges shall be taxed as costs and the party
8initially paying the expense of the presence or transcription
9shall be reimbursed. The reporter shall faithfully and
10accurately report the proceedings.
11 Sec. 1471. Section 86.24, subsection 1, Code 2023, is
12amended to read as follows:
131. Any party aggrieved by a decision, order, ruling, finding
14or other act of a deputy commissioner in a contested case
15proceeding arising under this chapter subchapter or chapter 85
16or 85A may appeal to the workers’ compensation commissioner
17in the time and manner provided by rule. The hearing on an
18appeal shall be in Polk county unless the workers’ compensation
19commissioner shall direct the hearing be held elsewhere.
20 Sec. 1472. Section 86.26, subsection 1, Code 2023, is
21amended to read as follows:
221. Judicial review of decisions or orders of the workers’
23compensation commissioner may be sought in accordance
24with chapter 17A. Notwithstanding chapter 17A, the Iowa
25administrative procedure Act, petitions for judicial review
26may be filed in the district court of the county in which the
27hearing under section 86.17 was held, the workers’ compensation
28commissioner shall transmit to the reviewing court the original
29or a certified copy of the entire record of the contested case
30which is the subject of the petition within thirty days after
31receiving written notice from the party filing the petition
32that a petition for judicial review has been filed, and an
33application for stay of agency action during the pendency of
34judicial review shall not be filed in the division of workers’
35compensation of the department of workforce development
-931-1 but shall be filed with the district court. Such a review
2proceeding shall be accorded priority over other matters
3pending before the district court.
4 Sec. 1473. Section 86.29, Code 2023, is amended to read as
5follows:
686.29 The judicial review petition.
7Notwithstanding chapter 17A, the Iowa administrative
8procedure Act, in a petition for judicial review of a decision
9of the workers’ compensation commissioner in a contested case
10under this chapter subchapter or chapter 85, 85A, 85B, or 87,
11the opposing party shall be named the respondent, and the
12agency shall not be named as a respondent.
13 Sec. 1474. Section 86.39, Code 2023, is amended to read as
14follows:
1586.39 Fees — approval.
161. All fees or claims for legal, medical, hospital, and
17burial services rendered under this chapter subchapter and
18chapters 85, 85A, 85B, and 87 are subject to the approval of
19the workers’ compensation commissioner. For services rendered
20in the district court and appellate courts, the attorney fee is
21subject to the approval of a judge of the district court.
222. An attorney shall not recover fees for legal services
23based on the amount of compensation voluntarily paid or agreed
24to be paid to an employee for temporary or permanent disability
25under this chapter subchapter, or chapter 85, 85A, 85B, or
2687. An attorney shall only recover a fee based on the amount
27of compensation that the attorney demonstrates would not have
28been paid to the employee but for the efforts of the attorney.
29Any disputes over the recovery of attorney fees under this
30subsection shall be resolved by the workers’ compensation
31commissioner.
32 Sec. 1475. Section 86.43, Code 2023, is amended to read as
33follows:
3486.43 Judgment — modification.
35Upon the presentation to the court of a file-stamped copy
-932-1of a decision of the workers’ compensation commissioner,
2ending, diminishing, or increasing the compensation under the
3provisions of this chapter subchapter, the court shall revoke
4or modify the decree or judgment to conform to such decision.
5 Sec. 1476. Section 86.44, Code 2023, is amended to read as
6follows:
786.44 Confidentiality.
81. All verbal or written information relating to the subject
9matter of an agreement and transmitted between any party to
10a dispute and a mediator to resolve a dispute pursuant to
11this chapter subchapter or chapter 85, 85A, or 85B, during
12any stage of a mediation or a dispute resolution process
13conducted by a mediator as provided in this section, whether
14reflected in notes, memoranda, or other work products in the
15case files, is a confidential communication except as otherwise
16expressly provided in this chapter. Mediators involved in
17a mediation or a dispute resolution process shall not be
18examined in any judicial or administrative proceeding regarding
19confidential communications and are not subject to judicial or
20administrative process requiring the disclosure of confidential
21communications.
222. For purposes of this section, “mediator” means a chief
23deputy workers’ compensation commissioner or deputy workers’
24compensation commissioner acting in the capacity to resolve a
25dispute pursuant to this chapter subchapter or chapter 85, 85A,
26or 85B, or an employee of the division of workers’ compensation
27involved during any stage of a process to resolve a dispute.
28 Sec. 1477. CODE EDITOR DIRECTIVE.
291. The Code editor is directed to make the following
30transfers:
31a. Section 86.1 to section 10A.303.
32b. Section 86.2 to section 10A.304.
33c. Section 86.3 to section 10A.305.
34d. Section 86.4 to section 10A.306.
35e. Section 86.5 to section 10A.307.
-933- 1f. Section 86.6 to section 10A.308.
2g. Section 86.7 to section 10A.309.
3h. Section 86.8 to section 10A.310.
4i. Section 86.9 to section 10A.311.
5j. Section 86.10 to section 10A.312.
6k. Section 86.11 to section 10A.313.
7l. Section 86.12 to section 10A.314.
8m. Section 86.13 to section 10A.315.
9n. Section 86.13A to section 10A.316.
10o. Section 86.14 to section 10A.317.
11p. Section 86.17 to section 10A.318.
12q. Section 86.18 to section 10A.319.
13r. Section 86.19 to section 10A.320.
14s. Section 86.24 to section 10A.321.
15t. Section 86.26 to section 10A.322.
16u. Section 86.27 to section 10A.323.
17v. Section 86.29 to section 10A.324.
18w. Section 86.32 to section 10A.325.
19x. Section 86.38 to section 10A.326.
20y. Section 86.39 to section 10A.327.
21z. Section 86.40 to section 10A.328.
22aa. Section 86.41 to section 10A.329.
23ab. Section 86.42 to section 10A.330.
24ac. Section 86.43 to section 10A.331.
25ad. Section 86.44 to section 10A.332.
26ae. Section 86.45 to section 10A.333.
272.The Code editor is directed to rename article III in
28chapter 10A as follows:
29Article III shall be subchapter III and shall be entitled
30“Workers’ Compensation” and include sections 10A.301 through
3110A.333.
323. The Code editor may modify subchapter titles if necessary
33and is directed to correct internal references in the Code as
34necessary due to enactment of this section.
35LICENSING AND REGULATION ACTIVITIES
-934-1 Sec. 1478. NEW SECTION. 10A.502 Responsibilities.
2The director shall coordinate the department’s conduct of
3various licensing and regulatory functions of the state under
4the administrative authority of the department including but
5not limited to all of the following:
61. Licensing and regulation of certain fire control and
7building code-related activities and professions.
82. Licensing and regulation of certain health-related
9professions.
103. Licensing and regulation of certain business and
11commerce-related professions.
12 Sec. 1479. NEW SECTION. 10A.511 Fire control duties.
13The duties of the director as it relates to fire control
14shall be as follows:
151. To enforce all laws, and the rules and regulations of the
16department concerned with all of the following:
17a. The prevention of fires.
18b. The storage, transportation, handling, and use of
19flammable liquids, combustibles, fireworks, and explosives.
20c. The storage, transportation, handling, and use of liquid
21petroleum gas.
22d. The electric wiring and heating, and adequate means of
23exit in case of fire, from churches, schools, hotels, theaters,
24amphitheaters, asylums, hospitals, health care facilities as
25defined in section 135C.1, college buildings, lodge halls,
26public meeting places, and all other structures in which
27persons congregate from time to time, whether publicly or
28privately owned.
292. To promote fire safety and reduction of loss by fire
30through educational methods.
313. To promulgate fire safety rules in consultation with the
32state fire marshal. The director shall have exclusive right
33to promulgate fire safety rules as they apply to enforcement
34or inspection requirements by the department, but the rules
35shall be promulgated pursuant to chapter 17A. Wherever by
-935-1any statute the director or the department is authorized
2or required to promulgate, proclaim, or amend rules and
3minimum standards regarding fire hazards or fire safety or
4protection in any establishment, building, or structure, the
5rules and standards shall promote and enforce fire safety,
6fire protection, and the elimination of fire hazards as the
7rules may relate to the use, occupancy, and construction
8of the buildings, establishments, or structures. The word
9“construction” shall include but is not limited to electrical
10wiring, plumbing, heating, lighting, ventilation, construction
11materials, entrances and exits, and all other physical
12conditions of the building which may affect fire hazards,
13safety, or protection. The rules and minimum standards shall
14be in substantial compliance except as otherwise specifically
15provided in this chapter, with the standards of the national
16fire protection association relating to fire safety as
17published in the national fire codes.
184. To adopt rules designating a fee to be assessed to
19each building, structure, or facility for which a fire safety
20inspection or plan review by the director is required by law.
21The fee designated by rule shall be set in an amount that is
22reasonably related to the costs of conducting the applicable
23inspection or plan review. The fees collected by the
24department shall be deposited in the general fund of the state.
255. To administer the fire extinguishing system contractor,
26alarm system contractor, and alarm system installer
27certification program established in chapter 100C.
286. To order the suspension of the use of consumer fireworks,
29display fireworks, or novelties, as described in section 727.2,
30if the state fire marshal determines that the use of such
31devices would constitute a threat to public safety.
32 Sec. 1480. NEW SECTION. 10A.512 Inspections.
33The director, and the director’s designated subordinates,
34in the performance of their duties under this part, shall have
35authority to enter any building or premises and to examine the
-936-1same and the contents thereof.
2 Sec. 1481. NEW SECTION. 10A.533 Enforcement.
31. If any local board, as defined in section 135.1, shall
4fail to enforce the rules of the department under this part or
5carry out the department’s lawful directions under this part,
6the department may enforce the same within the territorial
7jurisdiction of such local board, and for that purpose it may
8exercise all of the powers given by statute to the local board,
9and may employ the necessary assistants to carry out its lawful
10directions.
112. All expenses incurred by the department in determining
12whether its rules are enforced by a local board under this
13part, and in enforcing the same when a local board has failed
14to do so, shall be paid in the same manner as the expenses of
15enforcing such rules when enforced by the local board.
163. All peace officers of the state when called upon by the
17department shall enforce the department’s rules under this part
18and execute the lawful orders of the department under this part
19within their respective jurisdictions.
20 Sec. 1482. NEW SECTION. 10A.534 Penalties.
211. Any person who knowingly violates any provision of this
22part, or of the rules of the department under this part, or
23any lawful order, written or oral, of the department or of its
24officers, or authorized agents under this part, shall be guilty
25of a simple misdemeanor.
262. Any person resisting or interfering with the department,
27its employees, or authorized agents, in the discharge of any
28duty imposed by law under this part shall be guilty of a simple
29misdemeanor.
30 Sec. 1483. Section 12.83, Code 2023, is amended to read as
31follows:
3212.83 School infrastructure fund moneys — state fire marshal
33 allocation to department of inspections, appeals, and licensing.
34During the term of the school infrastructure program
35established in section 292.2, up to fifty thousand dollars
-937-1of the moneys deposited each fiscal year in the school
2infrastructure fund shall be allocated each fiscal year to the
3department of public safety inspections, appeals, and licensing
4 for the use of the state fire marshal department. The funds
5shall be used by the state fire marshal department solely
6for the purpose of retaining an architect or architectural
7firm to evaluate structures for which school infrastructure
8program grant applications are made, to consult with school
9district representatives, to review construction drawings and
10blueprints, and to perform related duties at the direction of
11the state fire marshal department to ensure the best possible
12use of moneys received by a school district under the school
13infrastructure program. The state fire marshal department
14 shall provide for the review of plans, drawings, and blueprints
15in a timely manner.
16 Sec. 1484. Section 72.5, subsection 2, Code 2023, is amended
17to read as follows:
182. The director of the economic development authority,
19in consultation with the department of management, and the
20 state building code commissioner, and state fire marshal, shall
21develop standards and methods to evaluate design development
22documents and construction documents based upon life cycle cost
23factors to facilitate fair and uniform comparisons between
24design proposals and informed decision making by public bodies.
25 Sec. 1485. Section 88A.11, subsection 2, Code 2023, is
26amended to read as follows:
272. A concession booth, amusement device or ride which is
28owned and operated by a nonprofit religious, educational or
29charitable institution or association if such booth, device or
30ride is located within a building subject to inspection by the
31state fire marshal director or by any political subdivisions
32of the state under its building, fire, electrical, and related
33public safety ordinances.
34 Sec. 1486. Section 100.1, subsections 3, 4, 5, 6, and 7,
35Code 2023, are amended by striking the subsections.
-938-1 Sec. 1487. Section 100.1, subsection 8, Code 2023, is
2amended to read as follows:
38. To recommend to the director of the department of
4inspections, appeals, and licensing, that the director order
5the suspension of the use of consumer fireworks, display
6fireworks, or novelties, as described in section 727.2, if the
7fire marshal determines that the use of such devices would
8constitute a threat to public safety.
9 Sec. 1488. Section 100.11, Code 2023, is amended to read as
10follows:
11100.11 Fire escapes.
12It shall be the duty of the fire marshal director to enforce
13all laws relating to fire escapes.
14 Sec. 1489. Section 100.12, Code 2023, is amended to read as
15follows:
16100.12 Authority for inspection — orders.
17The chief of a fire department or an authorized subordinate
18who is trained in fire prevention safety standards may enter
19a building or premises at a reasonable hour to examine the
20building or premises and its contents. The examining official
21shall order the correction of a condition which is in violation
22of this chapter, a rule adopted under this chapter, or a
23city or county fire safety ordinance. The order shall be
24in writing or, if the danger is imminent, orally followed by
25a written order. The examining official shall enforce the
26order in accordance with the applicable law or ordinance. At
27the request of the examining official the state fire marshal
28 director may assist in an enforcement action.
29 Sec. 1490. Section 100.13, Code 2023, is amended to read as
30follows:
31100.13 Violations — orders.
321. If a person has violated or is violating a provision of
33this chapter or a rule adopted pursuant to this chapter, the
34state fire marshal director, the chief of any fire department,
35or the fire prevention officer of a fire department organized
-939-1under chapter 400 may issue an order directing the person to
2desist in the practice which constitutes the violation and
3to take corrective action as necessary to ensure that the
4violation will cease. The order shall be in writing and shall
5specify a reasonable time by which the person shall comply
6with the order. The person to whom the order is issued may
7appeal the order as provided in chapter 17A. On appeal,
8the administrative law judge may affirm, modify, or vacate
9the order. Judicial review may be sought in accordance with
10chapter 17A.
112. Notwithstanding any other provision of law to the
12contrary, if the state fire marshal director determines that
13an emergency exists respecting any matter affecting or likely
14to affect the public safety, the fire marshal director may
15issue any order necessary to terminate the emergency without
16notice or hearing. An emergency order is binding and effective
17immediately, until or unless the order is modified, vacated, or
18stayed at an administrative hearing or by a district court.
19 Sec. 1491. Section 100.14, Code 2023, is amended to read as
20follows:
21100.14 Legal proceedings — penalties — injunctive relief.
22At the request of the state fire marshal director, the
23county attorney shall institute any legal proceedings on behalf
24of the state necessary to obtain compliance or enforce the
25penalty provisions of this chapter or rules or orders adopted
26or issued pursuant to this chapter, including, but not limited
27to, a legal action for injunctive relief. The county attorney
28or any other attorney acting on behalf of the chief of a fire
29department or a fire prevention officer may institute legal
30proceedings, including, but not limited to, a legal action for
31injunctive relief, to obtain compliance or enforce the penalty
32provisions or orders issued pursuant to section 100.13.
33 Sec. 1492. Section 100.16, Code 2023, is amended to read as
34follows:
35100.16 Judicial review — court costs.
-940- 11. Judicial review of actions of the fire marshal director
2 may be sought in accordance with the terms of the Iowa
3administrative procedure Act pursuant to chapter 17A. If
4legal proceedings have been instituted pursuant to section
5100.14, all related issues which could otherwise be raised in
6a proceeding for judicial review shall be raised in the legal
7proceedings instituted pursuant to section 100.14.
82. Upon judicial review of the fire marshal’s director’s
9 action, if the court affirms the agency action, the court
10shall tax all court costs of the review proceeding against the
11appellant. However, if the court reverses, revokes, or annuls
12the fire marshal’s director’s action, the court shall tax all
13court costs of the review proceeding against the agency. If
14the fire marshal’s director’s action is modified or the matter
15is remanded to the agency for further proceedings, the court
16shall apportion the court costs within the discretion of the
17court.
18 Sec. 1493. Section 100.18, subsections 2, 3, 4, 5, 6, and 7,
19Code 2023, are amended to read as follows:
202. a. Except as provided in subsection 4, multiple-unit
21residential buildings and single-family dwellings the
22construction of which is begun on or after July 1, 1991, shall
23include the installation of smoke detectors in compliance with
24the rules established by the state fire marshal director under
25subsection 5.
26b. The rules shall require the installation of smoke
27detectors in existing single-family rental units and
28multiple-unit residential buildings. Existing single-family
29dwelling units shall be equipped with approved smoke detectors.
30A person who files for a homestead credit pursuant to chapter
31425 shall certify that the single-family dwelling unit for
32which the credit is filed has a smoke detector installed in
33compliance with this section, or that one will be installed
34within thirty days of the date the filing for the credit is
35made. The state fire marshal director shall adopt rules and
-941-1establish appropriate procedures to administer this subsection.
2c. An owner or an owner’s agent of a multiple-unit
3residential building or single-family dwelling shall supply
4light-emitting smoke detectors, upon request, for a tenant who
5is deaf or hard of hearing.
63. a. Multiple-unit residential buildings and single-family
7dwellings, the construction of which is begun on or after
8July 1, 2018, and that have a fuel-fired heater or appliance,
9a fireplace, or an attached garage, shall include the
10installation of carbon monoxide alarms in compliance with the
11rules established by the state fire marshal director under
12subsection 5.
13b. The rules shall require the installation of carbon
14monoxide alarms in existing single-family rental units and
15multiple-unit residential buildings that have a fuel-fired
16heater or appliance, a fireplace, or an attached garage.
17Existing single-family dwellings that have a fuel-fired heater
18or appliance, a fireplace, or an attached garage shall be
19equipped with approved carbon monoxide alarms. For purposes
20of this paragraph, “approved carbon monoxide alarm” means a
21carbon monoxide alarm that meets the standards established by
22the underwriters’ laboratories or is approved by the state fire
23marshal director as established by rule under subsection 5. A
24person who files for a homestead credit pursuant to chapter 425
25shall certify that the single-family dwelling for which the
26credit is filed and that has a fuel-fired heater or appliance,
27a fireplace, or an attached garage, has carbon monoxide alarms
28installed in compliance with this section, or that such alarms
29will be installed within thirty days of the date the filing
30for the credit is made. The state fire marshal director shall
31adopt rules and establish appropriate procedures to administer
32this subsection.
33c. An owner of a multiple-unit residential building or
34a single-family rental unit that has a fuel-fired heater or
35appliance, a fireplace, or an attached garage, or an owner’s
-942-1agent, shall supply light-emitting carbon monoxide alarms, upon
2request, for a tenant who is deaf or hard of hearing.
3d. The owner of a building requiring the installation of
4carbon monoxide alarms under this subsection shall install
5a carbon monoxide alarm in a location as specified by rules
6established by the state fire marshal director under subsection
75, taking into account the number and location of all fuel
8sources in the building.
94. This section does not require the following:
10a. The installation of smoke detectors in multiple-unit
11residential buildings which, on July 1, 1981, are equipped
12with heat detection devices or a sprinkler system with alarms
13approved by the state fire marshal director.
14b. The installation of smoke detectors in hotels, motels,
15and dormitories equipped with an automatic smoke detection
16system approved by the state fire marshal director.
175. The state fire marshal director shall enforce the
18requirements of subsections 2 and 3 and may implement a program
19of inspections to monitor compliance with the provisions of
20those subsections. Upon inspection, the state fire marshal
21 director shall issue a written notice to the owner or manager
22of a multiple-unit residential building or single-family
23rental unit informing the owner or manager of compliance or
24noncompliance with this section. The state fire marshal
25 director may contract with any political subdivision without
26fee assessed to either the state fire marshal director or the
27political subdivision, for the performance of the inspection
28and notification responsibilities. The inspections authorized
29under this section are limited to the placement, repair, and
30operability of smoke detectors and carbon monoxide alarms. Any
31broader inspection authority is not derived from this section.
32The state fire marshal director shall adopt rules under chapter
3317A as necessary to enforce this section including rules
34concerning the placement of smoke detectors and carbon monoxide
35alarms and the use of acceptable smoke detectors and carbon
-943-1monoxide alarms. The smoke detectors and carbon monoxide
2alarms shall display a label or other identification issued
3by an approved testing agency or another label specifically
4approved by the state fire marshal director.
56. The inspection of a building or notification of
6compliance or noncompliance under this section is not the basis
7for a legal cause of action against the political subdivision,
8state fire marshal director, the fire marshal’s director’s
9 subordinates, chiefs of local fire departments, building
10inspectors, or other fire, building, or safety officials due
11to a failure to discover a latent defect in the course of the
12inspection.
137. If a smoke detector or carbon monoxide alarm is found
14to be inoperable, the owner or manager of the multiple-unit
15residential building or single-family rental unit shall correct
16the situation within thirty days after written notification
17to the owner or manager by the tenant, guest, roomer, state
18fire marshal director, fire marshal’s director’s subordinates,
19chiefs of local fire departments, building inspectors, or other
20fire, building, or safety officials. If the owner or manager
21of a multiple-unit residential building or single-family rental
22unit fails to correct the situation within the thirty days
23the tenant, guest, or roomer may cause the smoke detector or
24carbon monoxide alarm to be repaired or purchase and install
25a smoke detector or carbon monoxide alarm required under this
26section and may deduct the repair cost or purchase price from
27the next rental payment or payments made by the tenant, guest,
28or roomer. However, a lessor or owner may require a lessee,
29tenant, guest, or roomer who has a residency of longer than
30thirty days to provide the battery for a battery operated smoke
31detector or carbon monoxide alarm.
32 Sec. 1494. Section 100.19, subsection 2, paragraph a, Code
332023, is amended to read as follows:
34a. The state fire marshal director shall establish a
35consumer fireworks seller license. An application for a
-944-1consumer fireworks seller license shall be made on a form
2provided by the state fire marshal director. The state fire
3marshal director shall adopt rules consistent with this section
4establishing minimum requirements for a retailer or community
5group to be issued a consumer fireworks seller license.
6 Sec. 1495. Section 100.19, subsection 3, paragraph a,
7unnumbered paragraph 1, Code 2023, is amended to read as
8follows:
9The state fire marshal director shall establish a fee
10schedule for consumer fireworks seller licenses as follows:
11 Sec. 1496. Section 100.19, subsection 4, unnumbered
12paragraph 1, Code 2023, is amended to read as follows:
13The state fire marshal director shall adopt rules to:
14 Sec. 1497. Section 100.19, subsections 6, 7, and 8, Code
152023, are amended to read as follows:
166. a. The state fire marshal director shall adopt rules to
17provide that a person’s consumer fireworks seller license may
18be revoked for the intentional violation of this section. The
19proceedings for revocation shall be held before the division of
20the state fire marshal department, which may revoke the license
21or licenses involved as provided in paragraph “b”.
22b. (1) If, upon the hearing of the order to show cause, the
23division of the state fire marshal department finds that the
24licensee intentionally violated this section, then the license
25or licenses under which the licensed retailer or community
26group sells first-class consumer fireworks or second-class
27consumer fireworks, shall be revoked.
28(2) Judicial review of actions of the division of the state
29fire marshal department may be sought in accordance with the
30terms of the Iowa administrative procedure Act, chapter 17A.
31 If the licensee has not filed a petition for judicial review
32in district court, revocation shall date from the thirty-first
33day following the date of the order of the division of the
34state fire marshal department. If the licensee has filed a
35petition for judicial review, revocation shall date from the
-945-1thirty-first day following entry of the order of the district
2court, if action by the district court is adverse to the
3licensee.
4(3) A new license shall not be issued to a person whose
5license has been revoked, or to the business in control of the
6premises on which the violation occurred if it is established
7that the owner of the business had actual knowledge of the
8violation resulting in the license revocation, for the period
9of one year following the date of revocation.
107. a. A consumer fireworks fee fund is created in the
11state treasury under the control of the state fire marshal
12 director. Notwithstanding section 12C.7, interest or earnings
13on moneys in the consumer fireworks fee fund shall be credited
14to the consumer fireworks fee fund. Moneys in the fund are
15appropriated to the state fire marshal director to be used to
16fulfill the responsibilities of the state fire marshal director
17 for the administration and enforcement of this section and
18section 100.19A and to provide grants pursuant to paragraph “b”.
19The fund shall include the fees collected by the state fire
20marshal director under the fee schedule established pursuant to
21subsection 3 and the fees collected by the state fire marshal
22 director under section 100.19A for wholesaler registration.
23b. The state fire marshal director shall establish a local
24fire protection and emergency medical service providers grant
25program to provide grants in the following order of priority:
26(1) Local fire protection service providers and local
27emergency medical service providers to establish or provide
28fireworks safety education programming to members of the
29public, and for the purchase of necessary enforcement,
30protection, or emergency response equipment related to the sale
31and use of consumer fireworks in this state.
32(2) Local volunteer fire protection service providers for
33the purchase of necessary enforcement, protection, or emergency
34response equipment.
358. The state fire marshal director shall adopt rules for the
-946-1administration of this section.
2 Sec. 1498. Section 100.19A, subsections 2 and 3, Code 2023,
3are amended to read as follows:
42. The state fire marshal director shall adopt rules to
5require all wholesalers to annually register with the state
6fire marshal director. The state fire marshal director
7 may also adopt rules to regulate the storage or transfer of
8consumer fireworks by wholesalers and to require wholesalers
9to maintain insurance.
103. The state fire marshal director shall establish an
11annual registration fee of one thousand dollars for wholesalers
12of consumer fireworks within the state. Registration fees
13collected pursuant to this section shall be deposited in the
14consumer fireworks fee fund created in section 100.19.
15 Sec. 1499. Section 100.31, Code 2023, is amended to read as
16follows:
17100.31 Fire and tornado drills in schools — warning systems
18— inspections.
191. It shall be the duty of the state fire marshal director
20 and the fire marshal’s director’s designated subordinates to
21require all private and public school officials and teachers to
22conduct not less than four fire drills and not less than four
23tornado drills in all school buildings during each school year
24when school is in session; and to require the officials and
25teachers of all schools to keep all doors and exits of their
26respective rooms and buildings unlocked when occupied during
27school hours or when such areas are being used by the public at
28other times. Not less than two drills of each type shall be
29conducted between July 1 and December 31 of each year and not
30less than two drills of each type shall be conducted between
31January 1 and June 30 of each year.
322. Every school building with two or more classrooms
33shall have a warning system for fires of a type approved by
34the underwriters’ laboratories and by the state fire marshal
35 director. The warning system shall be used only for fire
-947-1drills or as a warning for emergency. Schools may modify
2the fire warning system for use as a tornado warning system
3or shall install a separate tornado warning system. Every
4school building shall also be equipped with portable fire
5extinguishers, with the type, size and number in accordance
6with national fire protection association standards and
7approved by the state fire marshal director.
83. The state fire marshal director or the fire marshal’s
9 director’s deputies shall cause each public or private school,
10college, or university to be inspected at least once every two
11years to determine whether each school meets the fire safety
12standards of this Code and is free from other fire hazards.
13Provided, however, that cities which employ fire department
14inspectors shall cause such inspections to be made.
15 Sec. 1500. Section 100.35, Code 2023, is amended to read as
16follows:
17100.35 Rules of marshal director — penalties.
181. The fire marshal director shall adopt, and may amend
19rules under chapter 17A, which include standards relating
20to exits and exit lights, fire escapes, fire protection,
21fire safety and the elimination of fire hazards, in and for
22churches, schools, hotels, theaters, amphitheaters, hospitals,
23health care facilities as defined in section 135C.1, boarding
24homes or housing, rest homes, dormitories, college buildings,
25lodge halls, club rooms, public meeting places, places of
26amusement, apartment buildings, food establishments as defined
27in section 137F.1, and all other buildings or structures in
28which persons congregate from time to time, whether publicly
29or privately owned. Violation of a rule adopted by the fire
30marshal director is a simple misdemeanor. However, upon
31proof that the fire marshal director gave written notice to
32the defendant of the violation, and proof that the violation
33constituted a clear and present danger to life, and proof that
34the defendant failed to eliminate the condition giving rise
35to the violation within thirty days after receipt of notice
-948-1from the fire marshal director, the penalty is that provided
2by law for a serious misdemeanor. Each day of the continuing
3violation of a rule after conviction of a violation of the rule
4is a separate offense. A conviction is subject to appeal as in
5other criminal cases.
62. Rules by the fire marshal director affecting the
7construction of new buildings, additions to buildings or
8rehabilitation of existing buildings and related to fire
9protection, shall be substantially in accord with the
10provisions of the nationally recognized building and related
11codes adopted as the state building code pursuant to section
12103A.7 or with codes adopted by a local subdivision which are
13in substantial accord with the codes comprising the state
14building code.
153. The rules adopted by the state fire marshal director
16 under this section shall provide standards for fire resistance
17of cellulose insulation sold or used in this state, whether for
18public or private use. The rules shall provide for approval of
19the cellulose insulation by at least one nationally recognized
20independent testing laboratory.
21 Sec. 1501. Section 100.38, Code 2023, is amended to read as
22follows:
23100.38 Conflicting statutes.
24Provisions of this chapter part in conflict with the state
25building code, as adopted pursuant to section 103A.7, shall not
26apply where the state building code has been adopted or when
27the state building code applies throughout the state.
28 Sec. 1502. Section 100.39, subsections 1, 2, and 3, Code
292023, are amended to read as follows:
301. All buildings approved for construction after July 1,
311998, that exceed four stories in height, or seventy-five feet
32above grade, shall require the installation of an approved
33automatic fire extinguishing system designed and installed in
34conformity with rules promulgated by the state fire marshal
35 director pursuant to this chapter part.
-949- 12. The requirements of this section shall not apply to the
2following:
3a. Any noncombustible elevator storage structure or any
4noncombustible plant building with noncombustible contents.
5b. Any combustible elevator storage structure that is
6equipped with an approved drypipe, nonautomatic sprinkler and
7automatic alarm system.
8c. Buildings in existence or under construction on August
915, 1975. However, if subsequent to that date any building is
10enlarged or altered beyond the height limitations applicable to
11new buildings, such building in its entirety shall be subject
12to all the provisions of this section.
13d. Any open parking garage structure which is in compliance
14with rules adopted by the state fire marshal director.
153. Plans and installation of systems shall be approved by
16the state fire marshal director, a designee of the state fire
17marshal director, or local authorities having jurisdiction.
18Except where local fire protection regulations are more
19stringent, the provisions of this section shall be applicable
20to all buildings, whether privately or publicly owned. The
21definition of terms shall be in conformity, insofar as
22possible, with definitions found in the state building code
23adopted pursuant to section 103A.7.
24 Sec. 1503. Section 100.41, Code 2023, is amended to read as
25follows:
26100.41 Authority to cite violations.
27Fire officials acting under the authority of this chapter
28 part may issue citations in accordance with chapter 805, for
29violations of this chapter part or a violation of a local fire
30safety code.
31 Sec. 1504. Section 100C.1, Code 2023, is amended by adding
32the following new subsections:
33 NEW SUBSECTION. 8A. “Department” means the department of
34inspections, appeals, and licensing.
35 NEW SUBSECTION. 8B. “Director” means the director of
-950-1the department of inspections, appeals, and licensing or the
2director’s designee.
3 Sec. 1505. Section 100C.1, subsection 14, Code 2023, is
4amended to read as follows:
514. “Responsible managing employee” means one of the
6following:
7a. An owner, partner, officer, or manager employed full-time
8by a fire extinguishing system contractor who is certified
9by the national institute for certification in engineering
10technologies at a level three in fire protection technology,
11automatic sprinkler system layout, or another certification in
12automatic sprinkler system layout recognized by rules adopted
13by the fire marshal director pursuant to section 100C.7 or who
14meets any other criteria established by rule.
15b. An owner, partner, officer, or manager employed full-time
16by an alarm system contractor who is certified by the national
17institute for certification in engineering technologies in fire
18alarm systems or security systems at a level established by the
19fire marshal director by rule or who meets any other criteria
20established by rule under this chapter. The rules may provide
21for separate endorsements for fire alarm systems, security
22alarm systems, and nurse call systems and may require separate
23qualifications for each.
24 Sec. 1506. Section 100C.2, subsection 4, paragraph b, Code
252023, is amended to read as follows:
26b. An employee or subcontractor of a certified alarm system
27contractor who is an alarm system installer, and who is not
28licensed pursuant to chapter 103 shall obtain and maintain
29certification as an alarm system installer and shall meet and
30maintain qualifications established by the state fire marshal
31 director by rule.
32 Sec. 1507. Section 100C.3, subsections 1, 3, and 5, Code
332023, are amended to read as follows:
341. A fire extinguishing system contractor, an alarm system
35contractor, or an alarm system installer shall apply for a
-951-1certificate on a form prescribed by the state fire marshal
2 director. The application shall be accompanied by a fee in an
3amount prescribed by rule pursuant to section 100C.7 and shall
4include all of the following information, as applicable:
5a. The name, address, and telephone number of the contractor
6or installer and, in the case of an installer, the name and
7certification number of the contractor by whom the installer is
8employed, including all legal and fictitious names.
9b. Proof of insurance coverage required by section 100C.4.
10c. The name and qualifications of the person designated as
11the contractor’s responsible managing employee and of persons
12designated as alternate responsible managing employees.
13d. Any other information deemed necessary by the state fire
14marshal director.
153. Upon receipt of a completed application and prescribed
16fees, if the contractor or installer meets all requirements
17established by this chapter, the state fire marshal director
18 shall issue a certificate to the contractor or installer within
19thirty days.
205. Any change in the information provided in the application
21shall be promptly reported to the state fire marshal director.
22When the employment of a responsible managing employee is
23terminated, the contractor shall notify the state fire marshal
24 director within thirty days after termination.
25 Sec. 1508. Section 100C.4, Code 2023, is amended to read as
26follows:
27100C.4 Insurance.
281. A fire extinguishing system contractor shall maintain
29general and complete operations liability insurance for
30the layout, installation, repair, alteration, addition,
31maintenance, and inspection of automatic fire extinguishing
32systems in an amount determined by the state fire marshal
33 director by rule.
342. An alarm system contractor shall maintain general
35and complete operations liability insurance for the layout,
-952-1installation, repair, alteration, addition, maintenance, and
2inspection of alarm systems in an amount determined by the
3state fire marshal director by rule.
4 Sec. 1509. Section 100C.5, Code 2023, is amended to read as
5follows:
6100C.5 Suspension and revocation.
71. The state fire marshal director shall suspend or revoke
8the certificate of any contractor or installer who fails to
9maintain compliance with the conditions necessary to obtain a
10certificate. A certificate may also be suspended or revoked
11if any of the following occur:
12a. The employment or relationship of a responsible managing
13employee with a contractor is terminated, unless the contractor
14has included a qualified alternate on the application or an
15application designating a new responsible managing employee is
16filed with the state fire marshal director within six months
17after the termination.
18b. The contractor or installer fails to comply with any
19provision of this chapter.
20c. The contractor or installer fails to comply with any
21other applicable codes and ordinances.
222. If a certificate is suspended pursuant to this section,
23the certificate shall not be reinstated until the condition or
24conditions which led to the suspension have been corrected.
253. The state fire marshal director shall adopt rules
26pursuant to section 100C.7 for the acceptance and processing
27of complaints against certificate holders, for procedures to
28suspend and revoke certificates, and for appeals of decisions
29to suspend or revoke certificates.
30 Sec. 1510. Section 100C.7, Code 2023, is amended to read as
31follows:
32100C.7 Administration — rules.
33The state fire marshal director shall administer this
34chapter and, after consultation with the fire extinguishing
35system contractors and alarm systems advisory board, shall
-953-1adopt rules pursuant to chapter 17A necessary for the
2administration and enforcement of this chapter.
3 Sec. 1511. Section 100C.8, subsection 2, Code 2023, is
4amended to read as follows:
52. The state fire marshal director may impose a civil
6penalty of up to five hundred dollars on any person who
7violates any provision of this chapter for each day a violation
8continues. The state fire marshal director may adopt rules
9necessary to enforce and collect any penalties imposed pursuant
10to this chapter.
11 Sec. 1512. Section 100C.9, Code 2023, is amended to read as
12follows:
13100C.9 Deposit and use of moneys collected.
141. All fees assessed pursuant to this chapter shall be
15retained as repayment receipts by the division of state fire
16marshal in the department of public safety and such fees
17received shall be used exclusively to offset the costs of
18administering this chapter.
192. Notwithstanding section 8.33, fees collected by
20the division of state fire marshal department that remain
21unencumbered or unobligated at the close of the fiscal year
22shall not revert but shall remain available for expenditure for
23the purposes designated in succeeding fiscal years.
24 Sec. 1513. Section 100C.10, subsection 1, Code 2023, is
25amended to read as follows:
261. A fire extinguishing system contractors and alarm
27systems advisory board is established in the division of state
28fire marshal of the department of public safety and shall
29advise the division department on matters pertaining to the
30application and certification of contractors and installers
31pursuant to this chapter.
32 Sec. 1514. Section 100C.10, subsection 2, unnumbered
33paragraph 1, Code 2023, is amended to read as follows:
34The board shall consist of eleven voting members appointed
35by the commissioner of public safety director as follows:
-954-1 Sec. 1515. Section 100C.10, subsections 3 and 4, Code 2023,
2are amended to read as follows:
33. The state fire marshal, or the state fire marshal’s
4designee, the director, and the chairperson of the electrical
5examining board created in section 103.2 shall be nonvoting ex
6officio members of the board.
74. The commissioner shall initially appoint two members
8for two-year terms, two members for four-year terms, and three
9members for six-year terms. Following the expiration of the
10terms of initially appointed members, each Each term thereafter
11 shall be for a period of six years. No member shall serve
12more than two consecutive terms. If a position on the board
13becomes vacant prior to the expiration of a member’s term, the
14member appointed to the vacancy shall serve the balance of the
15unexpired term.
16 Sec. 1516. Section 100D.1, subsections 2 and 10, Code 2023,
17are amended to read as follows:
182. “Department” means the department of public safety
19 inspections, appeals, and licensing.
2010. “Responsible managing employee” means an owner, partner,
21officer, or manager employed full-time by a fire extinguishing
22system contractor who is certified by the national institute
23for certification in engineering technologies at a level three
24in fire protection technology, automatic sprinkler system
25layout, or another certification in automatic sprinkler system
26layout recognized by rules adopted by the fire marshal director
27 pursuant to section 100C.7 or who meets any other criteria
28established by rule.
29 Sec. 1517. Section 100D.1, subsection 3, Code 2023, is
30amended by striking the subsection and inserting in lieu
31thereof the following:
323. “Director” means the director of the department of
33inspections, appeals, and licensing or the director’s designee.
34 Sec. 1518. Section 100D.2, subsection 4, Code 2023, is
35amended to read as follows:
-955- 14. Licenses shall be issued for a two-year period, and may
2be renewed as established by the state fire marshal director
3 by rule.
4 Sec. 1519. Section 100D.3, Code 2023, is amended to read as
5follows:
6100D.3 Fire protection system installer and maintenance
7worker license.
81. The state fire marshal director shall issue a fire
9protection system installer and maintenance worker license to
10an applicant who meets all of the following requirements:
11a. Has completed a fire protection apprenticeship program
12approved by the United States department of labor, or has
13completed two years of full-time employment or the equivalent
14thereof as a trainee.
15b. Is employed by a fire extinguishing system contractor.
16However, an applicant whose work on extinguishing systems will
17be restricted to systems on property owned or controlled by the
18applicant’s employer may obtain a license if the employer is
19not a certified contractor.
20c. Has received a passing score on the national inspection,
21testing, and certification star fire sprinkler mastery
22exam or on an equivalent exam from a nationally recognized
23third-party testing agency that is approved by the state fire
24marshal director, or is certified at level one by the national
25institute for certification in engineering technologies and as
26specified by rule by the state fire marshal director, or is
27certified by another entity approved by the fire marshal.
282. The state fire marshal director shall issue a fire
29protection system installer and maintenance worker license
30with endorsements restricted to preengineered fire protection
31systems to an applicant who does not meet the requirements of
32subsection 1 but does meet the following requirements:
33a. To be endorsed as a preengineered kitchen fire
34extinguishing system installer, has successfully completed
35training and an examination verified by a preengineered system
-956-1manufacturer, an agent of a preengineered system manufacturer,
2or an organization that is approved by the state fire marshal
3 director.
4b. To be endorsed as a preengineered kitchen fire
5extinguishing system maintenance worker, has successfully
6completed training by the worker’s employer or the system’s
7manufacturer and has passed a written or online examination for
8preengineered kitchen fire extinguishing system maintenance
9that is approved by the state fire marshal director.
10c. To be endorsed as a preengineered industrial fire
11extinguishing system installer, possesses a training and
12examination certification from a preengineered system
13manufacturer, an agent of a preengineered system manufacturer,
14or an organization that is approved by the state fire marshal
15 director.
16d. To be endorsed as a preengineered industrial fire
17extinguishing system maintenance worker, has been trained
18by the worker’s employer and has passed a written or online
19examination for preengineered industrial fire extinguishing
20system maintenance that is approved by the state fire marshal
21 director.
223. The holder of a fire protection system installer and
23maintenance worker license shall be responsible for license
24fees, renewal fees, and continuing education hours.
254. The license of a fire protection system installer
26and maintenance worker licensee who ceases to be employed
27by a fire extinguishing system contractor shall continue to
28be valid until it would otherwise expire, but the licensee
29shall not perform work requiring licensure under this chapter
30until the licensee is again employed by a fire extinguishing
31system contractor. If the licensee becomes employed by a fire
32extinguishing system contractor other than the contractor which
33employed the licensee at the time the license was issued, the
34licensee shall notify the fire marshal director and shall apply
35for an amendment to the license. The fire marshal director
-957-1 may establish by rule a fee for amending a license. This
2subsection shall not extend the time period during which a
3license is valid. This subsection does not apply to a licensee
4whose work on extinguishing systems is restricted to systems on
5property owned or controlled by the licensee’s employer.
65. The fire marshal director, by rule, may restrict
7the scope of work authorized by a license with appropriate
8endorsements.
9 Sec. 1520. Section 100D.4, subsections 1 and 3, Code 2023,
10are amended to read as follows:
111. An applicant for a fire protection system installer and
12maintenance worker license or renewal of an active license
13shall provide evidence of a public liability insurance policy
14and surety bond in an amount determined sufficient by the fire
15marshal director by rule.
163. The insurance and surety bond shall be written by an
17entity licensed to do business in this state and each licensee
18shall maintain on file with the department a certificate
19evidencing the insurance providing that the insurance or surety
20bond shall not be canceled without the entity first giving
21fifteen days written notice to the fire marshal director.
22 Sec. 1521. Section 100D.5, unnumbered paragraph 1, Code
232023, is amended to read as follows:
24The state fire marshal director shall do all of the
25following:
26 Sec. 1522. Section 100D.6, Code 2023, is amended to read as
27follows:
28100D.6 Penalties.
29The state fire marshal director may impose a civil penalty
30of up to five hundred dollars on any person who violates any
31provision of this chapter for each day a violation continues.
32The state fire marshal director may adopt rules necessary to
33enforce and collect any penalties imposed pursuant to this
34chapter.
35 Sec. 1523. Section 100D.7, Code 2023, is amended to read as
-958-1follows:
2100D.7 Deposit and use of moneys collected.
31. The state fire marshal director shall set the license
4fees and renewal fees for all licenses issued pursuant to this
5chapter, by rule, based upon the actual costs of licensing.
62. All fees assessed pursuant to this chapter shall be
7retained as repayment receipts by the division of state fire
8marshal in the department of public safety and such fees
9received shall be used exclusively to offset the costs of
10administering this chapter.
113. Notwithstanding section 8.33, fees collected by
12the division of state fire marshal department that remain
13unencumbered or unobligated at the close of the fiscal year
14shall not revert but shall remain available for expenditure
15for the purposes designated until the close of the succeeding
16fiscal year.
17 Sec. 1524. Section 100D.10, Code 2023, is amended to read
18as follows:
19100D.10 Reciprocal licenses.
20To the extent that another state provides for the licensing
21of fire protection system installers and maintenance workers
22or similar action, the state fire marshal director may issue
23a fire protection system installer and maintenance worker
24license, without examination, to a nonresident fire protection
25system installer and maintenance worker who has been licensed
26by such other state for at least three years provided such
27other state grants the same reciprocal licensing privileges to
28residents of Iowa who have obtained a fire protection system
29installer and maintenance worker license upon payment by
30the applicant of the required fee and upon furnishing proof
31that the qualifications of the applicant are equal to the
32qualifications of holders of similar licenses in this state.
33 Sec. 1525. Section 100D.13, subsections 1 and 2, Code 2023,
34are amended to read as follows:
351. The state fire marshal director may issue a temporary
-959-1fire protection system installer and maintenance worker license
2to a person, providing that all of the following conditions are
3met:
4a. The person is currently licensed or certified to perform
5work as a fire protection system installer and maintenance
6worker in another state.
7b. The person meets any additional criteria for a temporary
8license established by the state fire marshal director by rule.
9c. The person provides all information required by the state
10fire marshal director.
11d. The person has paid the fee for a temporary license,
12which fee shall be established by the state fire marshal
13 director by rule.
14e. The person intends to perform work as a fire protection
15system installer and maintenance worker only in areas of this
16state which are covered by a disaster emergency declaration
17issued by the governor pursuant to section 29C.6.
182. A temporary license issued pursuant to this section shall
19be valid for ninety days. The state fire marshal director may
20establish criteria and procedures for the extension of such
21licenses for additional periods, which in no event shall exceed
22ninety days.
23 Sec. 1526. Section 101.1, subsection 1, Code 2023, is
24amended to read as follows:
251. The state fire marshal director is hereby empowered and
26directed to formulate and adopt and from time to time amend or
27revise and to promulgate, in conformity with and subject to the
28conditions set forth in this chapter, reasonable rules for the
29safe transportation, storage, handling, and use of combustible
30liquids, flammable liquids, liquefied petroleum gases, and
31liquefied natural gases.
32 Sec. 1527. Section 101.1, subsection 2, Code 2023, is
33amended by adding the following new paragraph:
34 NEW PARAGRAPH. 0b. “Director” means the director of the
35department of inspections, appeals, and licensing or the
-960-1director’s designee.
2 Sec. 1528. Section 101.5A, Code 2023, is amended to read as
3follows:
4101.5A Shared public petroleum storage facilities.
5The state fire marshal director shall permit by rule the
6shared ownership, operation, or cooperative use of a publicly
7owned petroleum storage or dispensing facility by more than one
8public agency or political subdivision in order to maximize the
9opportunity for cooperation, to avoid unnecessary duplication
10of facilities posing both an environmental and fire hazard,
11and to minimize the cost of providing public services. Shared
12or cooperative use is not a violation of chapter 23A, even
13if one public agency or political subdivision compensates
14another public agency or political subdivision for the use or
15for petroleum dispensed. A publicly owned petroleum storage
16facility subject to this section may use aboveground or
17underground storage tanks, or a combination of both.
18 Sec. 1529. Section 101.8, Code 2023, is amended to read as
19follows:
20101.8 Assistance by local officials.
21The chief fire prevention officer of every city or village
22having an established fire prevention department, the chief of
23the fire department of every other city or village in which
24a fire department is established, the mayor of every city in
25which no fire department exists, the township clerk of every
26township outside the limits of any city or village and all
27other local officials upon whom fire prevention duties are
28imposed by law shall assist the state fire marshal director in
29the enforcement of the rules.
30 Sec. 1530. Section 101.9, Code 2023, is amended to read as
31follows:
32101.9 Repairs ordered by fire marshal director.
33If the state fire marshal director has reasonable grounds
34for believing after conducting tests that a leak exists in
35a flammable or combustible liquid storage tank or in the
-961-1distribution system of a flammable or combustible liquid
2storage tank the state fire marshal director shall issue a
3written order to the owner or lessee of the storage tank or
4distribution system requiring the storage tank and distribution
5system be emptied and removed or repaired immediately upon
6receipt of the written order.
7 Sec. 1531. Section 101.10, Code 2023, is amended to read as
8follows:
9101.10 Assistance of department of natural resources.
10If the state fire marshal director has reasonable grounds
11for believing that a leak constitutes a hazardous condition
12which threatens the public health and safety, the fire marshal
13 director may request the assistance of the department of
14natural resources, and upon such request the department of
15natural resources is empowered to eliminate the hazardous
16condition as provided in chapter 455B, subchapter IV, part
174, the provisions of section 455B.390, subsection 3, to the
18contrary notwithstanding.
19 Sec. 1532. Section 101.12, subsections 1 and 2, Code 2023,
20are amended to read as follows:
211. An aboveground flammable or combustible liquid storage
22tank may be installed at a retail motor vehicle fuel outlet,
23subject to rules adopted by the state fire marshal director.
242. Rules adopted by the state fire marshal director
25 pursuant to this section shall be in substantial compliance
26with the applicable standards of the national fire protection
27association.
28 Sec. 1533. Section 101.21, subsection 6, Code 2023, is
29amended by striking the subsection.
30 Sec. 1534. Section 101.22, subsections 1, 2, 3, 4, and 7,
31Code 2023, are amended to read as follows:
321. Except as provided in subsection 2, the owner or operator
33of an aboveground flammable or combustible liquid storage tank
34existing on July 1, 2010, shall notify the state fire marshal
35 director in writing by October 1, 2010, of the existence of
-962-1each tank and specify the age, size, type, location, and uses
2of the tank.
32. The owner of an aboveground flammable or combustible
4liquid storage tank taken out of operation on or before July 1,
52010, shall notify the state fire marshal director in writing
6by October 1, 2010, of the existence of the tank unless the
7owner knows the tank has been removed from the site. The
8notice shall specify, to the extent known to the owner, the
9date the tank was taken out of operation, the age of the
10tank on the date taken out of operation, the size, type, and
11location of the tank, and the type and quantity of substances
12left stored in the tank on the date that it was taken out of
13operation.
143. An owner or operator who brings into use an aboveground
15flammable or combustible liquid storage tank after July 1,
162010, shall notify the state fire marshal director in writing
17within thirty days of the existence of the tank and specify the
18age, size, type, location, and uses of the tank.
194. The registration notice of the owner or operator to the
20state fire marshal director under subsections 1 through 3 shall
21be accompanied by an annual fee of twenty dollars for each tank
22included in the notice. All moneys collected shall be retained
23by the department of public safety inspections, appeals, and
24licensing and are appropriated for the use of the state fire
25marshal director. The annual renewal fee applies to all owners
26or operators who file a registration notice with the state fire
27marshal pursuant to subsections 1 through 3.
287. a. The state fire marshal director shall furnish the
29owner or operator of an aboveground flammable or combustible
30liquid storage tank with a registration tag for each
31aboveground flammable or combustible liquid storage tank
32registered with the state fire marshal director.
33b. The owner or operator shall affix the tag to the fill
34pipe of each registered aboveground flammable or combustible
35liquid storage tank.
-963-1 Sec. 1535. Section 101.23, Code 2023, is amended to read as
2follows:
3101.23 State fire marshal Director reporting rules.
4The state fire marshal director shall adopt rules pursuant
5to chapter 17A relating to reporting requirements necessary to
6enable the state fire marshal director to maintain an accurate
7inventory of aboveground flammable or combustible liquid
8storage tanks.
9 Sec. 1536. Section 101.24, Code 2023, is amended to read as
10follows:
11101.24 Duties and powers of the state fire marshal director.
12The state fire marshal director shall:
131. Inspect and investigate the facilities and records of
14owners and operators of aboveground flammable or combustible
15liquid storage tanks with a capacity of fifteen thousand or
16more gallons, as necessary to determine compliance with this
17subchapter and the rules adopted pursuant to this subchapter.
18An inspection or investigation shall be conducted subject to
19subsection 4. For purposes of developing a rule, maintaining
20an accurate inventory, or enforcing this subchapter, the
21department of inspections, appeals, and licensing may:
22a. Enter at reasonable times an establishment or other place
23where an aboveground storage tank is located.
24b. Inspect and obtain samples from any person of flammable
25or combustible liquid or another regulated substance and
26conduct monitoring or testing of the tanks, associated
27equipment, contents, or surrounding soils, air, surface water,
28and groundwater. Each inspection shall be commenced and
29completed with reasonable promptness.
30(1) If the state fire marshal director obtains a sample,
31prior to leaving the premises, the fire marshal director
32 shall give the owner, operator, or agent in charge a receipt
33describing the sample obtained and if requested a portion of
34each sample equal in volume or weight to the portion retained.
35If the sample is analyzed, a copy of the results of the
-964-1analysis shall be furnished promptly to the owner, operator,
2or agent in charge.
3(2) Documents or information obtained from a person under
4this subsection shall be available to the public except as
5provided in this subparagraph. Upon a showing satisfactory
6to the state fire marshal director by a person that public
7disclosure of documents or information, or a particular
8part of the documents or information to which the state fire
9marshal director has access under this subsection would divulge
10commercial or financial information entitled to protection as a
11trade secret, the state fire marshal director shall consider
12the documents or information or the particular portion of the
13documents or information confidential. However, the documents
14or information may be disclosed to officers, employees, or
15authorized representatives of the United States charged with
16implementing the federal Solid Waste Disposal Act, to employees
17of the state of Iowa or of other states when the document or
18information is relevant to the discharge of their official
19duties, and when relevant in a proceeding under the federal
20Solid Waste Disposal Act or this subchapter.
212. Maintain an accurate inventory of aboveground flammable
22or combustible liquid storage tanks.
233. Take any action allowed by law which, in the state fire
24marshal’s director’s judgment, is necessary to enforce or
25secure compliance with this subchapter or any rule adopted
26pursuant to this subchapter.
274. Conduct investigations of complaints received directly,
28referred by other agencies, or other investigations deemed
29necessary. While conducting an investigation, the state fire
30marshal director may enter at any reasonable time in and upon
31any private or public property to investigate any actual or
32possible violation of this subchapter or the rules or standards
33adopted under this subchapter. However, the owner or person in
34charge shall be notified.
35a. If the owner or operator of any property refuses
-965-1admittance, or if prior to such refusal the state fire marshal
2 director demonstrates the necessity for a warrant, the state
3fire marshal may make application under oath or affirmation
4to the district court of the county in which the property is
5located for the issuance of a search warrant.
6b. In the application the state fire marshal director shall
7state that an inspection of the premises is mandated by the
8laws of this state or that a search of certain premises, areas,
9or things designated in the application may result in evidence
10tending to reveal the existence of violations of public health,
11safety, or welfare requirements imposed by statutes, rules, or
12ordinances established by the state or a political subdivision
13of the state. The application shall describe the area,
14premises, or thing to be searched, give the date of the last
15inspection if known, give the date and time of the proposed
16inspection, declare the need for such inspection, recite that
17notice of the desire to make an inspection has been given to
18affected persons and that admission was refused if that be the
19fact, and state that the inspection has no purpose other than
20to carry out the purpose of the statute, rule, or ordinance
21pursuant to which inspection is to be made. If an item of
22property is sought by the state fire marshal director, it shall
23be identified in the application.
24c. If the court is satisfied from the examination of
25the applicant, and of other witnesses, if any, and of the
26allegations of the application of the existence of the grounds
27of the application, or that there is probable cause to believe
28in their existence, the court may issue a search warrant.
29d. In making inspections and searches pursuant to the
30authority of this subchapter, the state fire marshal director
31 must execute the warrant as follows:
32(1) Within ten days after its date.
33(2) In a reasonable manner, and any property seized shall
34be treated in accordance with the provisions of chapters 808
35and 809.
-966- 1(3) Subject to any restrictions imposed by the statute, rule
2or ordinance pursuant to which inspection is made.
3 Sec. 1537. Section 101.25, Code 2023, is amended to read as
4follows:
5101.25 Violations — orders.
61. If substantial evidence exists that a person has
7violated or is violating a provision of this subchapter or
8a rule adopted under this subchapter the state fire marshal
9 director may issue an order directing the person to desist
10in the practice which constitutes the violation, and to take
11corrective action as necessary to ensure that the violation
12will cease, and may impose appropriate administrative penalties
13pursuant to section 101.26. The person to whom the order is
14issued may appeal the order as provided in chapter 17A. On
15appeal, the administrative law judge may affirm, modify, or
16vacate the order of the state fire marshal director.
172. However, if it is determined by the state fire marshal
18 director that an emergency exists respecting any matter
19affecting or likely to affect the public health, the fire
20marshal director may issue any order necessary to terminate
21the emergency without notice and without hearing. The order
22is binding and effective immediately and until the order is
23modified or vacated at an administrative hearing or by a
24district court.
253. The state fire marshal director may request the attorney
26general to institute legal proceedings pursuant to section
27101.26.
28 Sec. 1538. Section 101.26, Code 2023, is amended to read as
29follows:
30101.26 Penalties — burden of proof.
311. A person who violates this subchapter or a rule adopted
32or order issued pursuant to this subchapter is subject to a
33civil penalty not to exceed one hundred dollars for each day
34during which the violation continues, up to a maximum of one
35thousand dollars; however, if the tank is registered within
-967-1thirty days after the state fire marshal director issues a
2cease and desist order pursuant to section 101.25, subsection
31, the civil penalty under this section shall not accrue. The
4civil penalty is an alternative to a criminal penalty provided
5under this subchapter.
62. A person who knowingly fails to notify or makes a false
7statement, representation, or certification in a record,
8report, or other document filed or required to be maintained
9under this subchapter, or violates an order issued under this
10subchapter, is guilty of an aggravated misdemeanor.
113. The attorney general, at the request of the state fire
12marshal director, shall institute any legal proceedings,
13including an action for an injunction, necessary to enforce the
14penalty provisions of this subchapter or to obtain compliance
15with the provisions of this subchapter or rules adopted or
16order pursuant to this subchapter. In any action, previous
17findings of fact of the state fire marshal director after
18notice and hearing are conclusive if supported by substantial
19evidence in the record when the record is viewed as a whole.
204. In all proceedings with respect to an alleged violation
21of this subchapter or a rule adopted or order issued by the
22state fire marshal director pursuant to this subchapter, the
23burden of proof is upon the state fire marshal director.
245. If the attorney general has instituted legal proceedings
25in accordance with this section, all related issues which could
26otherwise be raised by the alleged violator in a proceeding for
27judicial review under section 101.27 shall be raised in the
28legal proceedings instituted in accordance with this section.
29 Sec. 1539. Section 101.27, Code 2023, is amended to read as
30follows:
31101.27 Judicial review.
32Except as provided in section 101.26, subsection 5,
33judicial review of an order or other action of the state fire
34marshal director may be sought in accordance with chapter 17A.
35Notwithstanding chapter 17A, the Iowa administrative procedure
-968-1Act, petitions for judicial review may be filed in the district
2court of the county in which the alleged offense was committed
3or the final order was entered.
4 Sec. 1540. Section 101A.1, subsections 2, 6, and 7, Code
52023, are amended to read as follows:
62. “Commercial license” or “license” means a license issued
7by the state fire marshal director pursuant to this chapter.
86. “Licensee” means a person holding a commercial license
9issued by the state fire marshal director pursuant to this
10chapter.
117. “Magazine” means any building or structure, other than an
12explosives manufacturing building, approved by the state fire
13marshal director or the fire marshal’s director’s designated
14agent for the storage of explosive materials.
15 Sec. 1541. Section 101A.1, Code 2023, is amended by adding
16the following new subsection:
17 NEW SUBSECTION. 2A. “Director” means the director of
18the department of inspections, appeals, and licensing or the
19director’s designee.
20 Sec. 1542. Section 101A.2, subsections 1 and 2, Code 2023,
21are amended to read as follows:
221. The state fire marshal director shall issue commercial
23licenses for the manufacture, importation, distribution, sale,
24and commercial use of explosives to persons who, in the state
25fire marshal’s director’s discretion are of good character
26and sound judgment, and have sufficient knowledge of the
27use, handling, and storage of explosive materials to protect
28the public safety. Licenses shall be issued for a period of
29three years, but may be issued for shorter periods, and may be
30revoked or suspended by the state fire marshal director for any
31of the following reasons:
32a. Falsification of information submitted in the application
33for a license.
34b. Proof that the licensee has violated any provisions of
35this chapter or any rules prescribed by the state fire marshal
-969-1 director pursuant to the provisions of this chapter.
2c. The results of a national criminal history check
3conducted pursuant to subsection 3.
42. Licenses shall be issued by the state fire marshal
5 director upon payment of a fee of sixty dollars, valid for a
6period of three calendar years, commencing on January 1 of the
7first year and terminating on December 31 of the third year.
8However, an initial license may be issued during a calendar
9year for the number of months remaining in such calendar year
10and the following two years, computed to the first day of the
11month when the application for the license is approved. The
12license fee shall be charged on a pro rata basis for the number
13of months remaining in the period of issue. Applications for
14renewal of licenses shall be submitted within thirty days prior
15to the license expiration date and shall be accompanied by
16payment of the prescribed fee.
17 Sec. 1543. Section 101A.3, subsections 1 and 2, Code 2023,
18are amended to read as follows:
191. User’s permits to purchase, possess, transport, store,
20and detonate explosive materials shall be issued by the sheriff
21of the county or the chief of police of a city of ten thousand
22population or more where the possession and detonation will
23occur. If the possession and detonation are to occur in more
24than one county or city, then such permits must be issued by
25the sheriff or chief of police of each of such counties or
26cities, except in counties and cities in which the explosives
27are possessed for the sole purpose of transporting them
28through such counties and cities. A permit shall not be issued
29unless the sheriff or chief of police having jurisdiction is
30satisfied that possession and detonation of explosive materials
31is necessary to the applicant’s business or to improve the
32applicant’s property. Permits shall be issued only to persons
33who, in the discretion of the sheriff or chief of police, are
34of good character and sound judgment, and have sufficient
35knowledge of the use and handling of explosive materials to
-970-1protect the public safety. Applicants shall be subject to the
2criminal history check provisions of section 101A.2, subsection
33. The state fire marshal director shall prescribe, have
4printed, and distribute permit application forms to all local
5permit issuing authorities.
62. The user’s permit shall state the quantity of explosive
7materials which the permittee may purchase, the amount the
8permittee may have in possession at any one time, the amount
9the permittee may detonate at any one time, and the period of
10time during which the purchase, possession, and detonation
11of explosive materials is authorized. The permit shall also
12specify the place where detonation may occur, the location and
13description of the place where the explosive materials will
14be stored, if such be the case, and shall contain such other
15information as may be required under the rules and regulations
16of the state fire marshal director. The permit shall not
17authorize purchase, possession, and detonation of a quantity of
18explosive materials in excess of that which is necessary in the
19pursuit of the applicant’s business or the improvement of the
20permittee’s property, nor shall such purchase, possession, and
21detonation be authorized for a period longer than is necessary
22for the specified purpose. In no event shall the permit be
23valid for more than thirty days from date of issuance but it
24may be renewed upon proper showing of necessity.
25 Sec. 1544. Section 101A.4, subsection 1, Code 2023, is
26amended to read as follows:
271. Judicial review of the action of the state fire marshal
28 director may be sought in accordance with the terms of the Iowa
29administrative procedure Act, chapter 17A.
30 Sec. 1545. Section 101A.5, Code 2023, is amended to read as
31follows:
32101A.5 Rules — director duties.
331. The state fire marshal director shall adopt rules
34pursuant to chapter 17A pertaining to the manufacture,
35transportation, storage, possession, and use of explosive
-971-1materials. Rules adopted by the state fire marshal director
2 shall be compatible with, but not limited to, the national
3fire protection association’s pamphlet number 495 and federal
4rules pertaining to commerce, possession, storage, and use of
5explosive materials. Such rules shall do all of the following:
61. a. Prescribe reasonable standards for the safe
7transportation and handling of explosive materials so as to
8prevent accidental fires and explosions and prevent theft and
9unlawful or unauthorized possession of explosive materials.
102. b. Prescribe procedures and methods of inventory so
11as to assure accurate records of all explosive materials
12manufactured or imported into the state and records of the
13disposition of such explosive materials, including records of
14the identity of persons to whom sales and transfers are made,
15and the time and place of any loss or destruction of explosive
16materials which might occur.
173. c. Prescribe reasonable standards for the safe
18storage of explosive materials as may be necessary to prevent
19accidental fires and explosions and prevent thefts and unlawful
20or unauthorized possession of explosive materials.
214. d. Require such reports from licensees, permittees,
22sheriffs, and chiefs of police as may be necessary for the
23state fire marshal director to discharge the fire marshal’s
24 director’s duties pursuant to this chapter.
255. e. Prescribe the form and content of license and permit
26applications.
276. 2. Conduct The director shall conduct such inspections
28of licensees and permittees as may be necessary to enforce the
29provisions of this chapter.
30 Sec. 1546. Section 101A.7, Code 2023, is amended to read as
31follows:
32101A.7 Inspection of storage facility.
331. The licensee’s or permittee’s explosives storage
34facility shall be inspected at least once a year by a
35representative of the state fire marshal’s office department
-972-1of inspections, appeals, and licensing, except that the state
2fire marshal director may, at those mining operations licensed
3and regulated by the United States department of labor, accept
4an approved inspection report issued by the United States
5department of labor, mine safety and health administration, for
6the twelve-month period following the issuance of the report.
7The state fire marshal director shall notify the appropriate
8city or county governing board of licenses to be issued in
9their respective jurisdictions pursuant to this chapter. The
10notification shall contain the name of the applicant to be
11licensed, the location of the facilities to be used in storing
12explosives, the types and quantities of explosive materials to
13be stored, and other information deemed necessary by either
14the governing boards or the state fire marshal director. The
15facility may be examined at other times by the sheriff of the
16county where the facility is located or by the local police
17authority if the facility is located within a city of over
18ten thousand population and if the sheriff or city council
19considers it necessary.
202. If the state fire marshal director finds the facility
21to be improperly secured, the licensee or permittee shall
22immediately correct the improper security and, if not so
23corrected, the state fire marshal director shall immediately
24confiscate the stored explosives. Explosives may be
25confiscated by the county sheriff or local police authority
26only if a situation that is discovered during an examination by
27those authorities is deemed to present an immediate danger. If
28the explosives are confiscated by the county sheriff or local
29police authority, they shall be delivered to the state fire
30marshal director. The state fire marshal director shall hold
31confiscated explosives for a period of thirty days under proper
32security unless the period of holding is shortened pursuant to
33this section.
343. If the licensee or permittee corrects the improper
35security within the thirty-day period, the explosives shall
-973-1be returned to the licensee or permittee after correction and
2after the licensee or permittee has paid to the state an amount
3equal to the expense incurred by the state in storing the
4explosives during the period of confiscation. The amount of
5expense shall be determined by the state fire marshal director.
64. If the improper security is not corrected during the
7thirty-day period, the state fire marshal director shall
8dispose of the explosives and the license or permit shall be
9canceled. A canceled license or permit shall not be reissued
10for a period of two years from the date of cancellation.
11 Sec. 1547. Section 101A.8, Code 2023, is amended to read as
12follows:
13101A.8 Report of theft or loss required.
14Any theft or loss of explosive materials, whether from
15a storage magazine, a vehicle in which they are being
16transported, or from a site on which they are being used,
17or from any other location, shall immediately be reported by
18the person authorized to possess such explosives to the local
19police or county sheriff. The local police or county sheriff
20shall immediately transmit a report of such theft or loss of
21explosive materials to the state fire marshal director.
22 Sec. 1548. Section 101A.9, Code 2023, is amended to read as
23follows:
24101A.9 Disposal regulated.
25No person shall abandon or otherwise dispose of any
26explosives in any manner which might, as the result of such
27abandonment or disposal, create any danger or threat of danger
28to life or property. Any person in possession or control of
29explosives shall, when the need for such explosives no longer
30exists, dispose of them in accordance with rules prescribed by
31the state fire marshal director.
32 Sec. 1549. Section 101A.10, Code 2023, is amended to read
33as follows:
34101A.10 Persons and agencies exempt.
35This chapter shall not apply to the transportation and
-974-1use of explosive materials by the regular military or naval
2forces of the United States, the duly organized militia of this
3state, representatives of the state fire marshal director, the
4state patrol, division of criminal investigation, local police
5departments, sheriffs departments, and fire departments acting
6in their official capacity; nor shall this chapter apply to
7the transportation and use of explosive materials by any peace
8officer to enforce provisions of this chapter when the peace
9officer is acting pursuant to such authority, however, other
10agencies of the state or any of its political subdivisions
11desiring to purchase, possess, transport, or use explosive
12materials for construction or other purposes shall be required
13to obtain user’s permits.
14 Sec. 1550. Section 101A.12, Code 2023, is amended to read
15as follows:
16101A.12 Deposit and use of fees.
17The fees collected by the state fire marshal director in
18issuing licenses pursuant to this chapter shall be deposited in
19the state general fund.
20 Sec. 1551. Section 101A.14, subsection 2, Code 2023, is
21amended to read as follows:
222. Any person who violates the provisions of section 101A.6,
23101A.8 or 101A.9 or any of the rules adopted by the state fire
24marshal director pursuant to the provisions of this chapter,
25commits a simple misdemeanor.
26 Sec. 1552. Section 101B.2, subsection 3, Code 2023, is
27amended to read as follows:
283. “Department” means the department of public safety
29 inspections, appeals, and licensing.
30 Sec. 1553. Section 101B.3, subsection 4, Code 2023, is
31amended to read as follows:
324. The department of public safety shall administer
33this chapter and may adopt rules pursuant to chapter 17A to
34administer this chapter. This chapter shall be implemented in
35accordance with the implementation and substance of the New
-975-1York fire safety standards for cigarettes.
2 Sec. 1554. Section 101B.6, subsection 2, Code 2023, is
3amended to read as follows:
42. A wholesaler or agent shall provide a copy of the
5cigarette packaging markings received from a manufacturer to
6all retailers to whom the wholesaler or agent sells cigarettes.
7A wholesaler, agent, or retailer shall permit the state fire
8marshal department, department of revenue, or the office of the
9attorney general to inspect markings of cigarette packaging
10marked in accordance with section 101B.7.
11 Sec. 1555. Section 101B.8, subsections 7, 8, and 9, Code
122023, are amended to read as follows:
137. In addition to any other remedy provided by law, the
14department of public safety or the office of the attorney
15general may file an action in district court for a violation of
16this chapter, including petitioning for injunctive relief or to
17recover any costs or damages suffered by the state because of a
18violation of this chapter, including enforcement costs relating
19to the specific violation and attorney fees. Each violation of
20the chapter or of rules adopted under this chapter constitutes
21a separate civil violation for which the department of public
22safety or the office of the attorney general may seek relief.
238. The department of revenue in the regular course of
24conducting inspections of a wholesaler, agent, or retailer
25may inspect cigarettes in the possession or control of the
26wholesaler, agent, or retailer or on the premises of any
27wholesaler, agent, or retailer to determine if the cigarettes
28are marked as required pursuant to section 101B.7. If the
29cigarettes are not marked as required, the department of
30revenue shall notify the department of public safety.
319. To enforce the provisions of this chapter, the department
32of public safety and the office of the attorney general may
33examine the books, papers, invoices, and other records of any
34person in possession, control, or occupancy of any premises
35where cigarettes are placed, sold, or offered for sale,
-976-1including the stock of cigarettes on the premises.
2 Sec. 1556. Section 101B.10, subsection 1, Code 2023, is
3amended to read as follows:
41. This chapter shall cease to be applicable if federal
5fire safety standards for cigarettes that preempt this chapter
6are enacted and take effect subsequent to January 1, 2009, and
7the state fire marshal department shall notify the secretary of
8state and the Code editor if such federal fire safety standards
9for cigarettes are enacted.
10 Sec. 1557. Section 103.1, Code 2023, is amended by adding
11the following new subsections:
12 NEW SUBSECTION. 6A. “Department” means the department of
13inspections, appeals, and licensing.
14 NEW SUBSECTION. 6B. “Director” means the director of
15the department of inspections, appeals, and licensing or the
16director’s designee.
17 Sec. 1558. Section 103.2, subsection 1, Code 2023, is
18amended to read as follows:
191. An electrical examining board is created within the
20division of state fire marshal of the department of public
21safety. The board shall consist of eleven voting members
22appointed by the governor and subject to senate confirmation,
23all of whom shall be residents of this state. Except for the
24board member enumerated in subsection 2, paragraph “e”, members
25shall be appointed by the governor and subject to senate
26confirmation.
27 Sec. 1559. Section 103.2, Code 2023, is amended by adding
28the following new subsection:
29 NEW SUBSECTION. 2A. a. The board shall elect annually from
30its members a chairperson and a vice chairperson.
31b. The board shall hold at least one meeting quarterly at
32the location of the board’s principal office, and meetings
33shall be called at other times by the chairperson or four
34members of the board. At any meeting of the board, a majority
35of members constitutes a quorum.
-977-1 Sec. 1560. Section 103.4, Code 2023, is amended by striking
2the section and inserting in lieu thereof the following:
3103.4 Executive secretary — staff and duties.
4The director shall appoint an executive secretary for the
5board and shall hire and provide staff to assist the board
6in administering this chapter. The executive secretary
7shall report to the director for purposes of routine board
8administrative functions, and shall report directly to
9the board for purposes of execution of board policy such
10as application of licensing criteria and processing of
11applications.
12 Sec. 1561. Section 103.7, Code 2023, is amended to read as
13follows:
14103.7 Electrician and installer licensing and inspection
15fund.
16An electrician and installer licensing and inspection fund
17is created in the state treasury as a separate fund under the
18control of the board. All licensing, examination, renewal,
19and inspection fees shall be deposited into the fund and
20retained by and for the use of the board. Expenditures from
21the fund shall be approved by the sole authority of the board
22in consultation with the state fire marshal director. Amounts
23deposited into the fund shall be considered repayment receipts
24as defined in section 8.2. Notwithstanding section 8.33, any
25balance in the fund on June 30 of each fiscal year shall not
26revert to the general fund of the state, but shall remain
27available for the purposes of this chapter in subsequent fiscal
28years. Notwithstanding section 12C.7, subsection 2, interest
29or earnings on moneys deposited in the fund shall be credited
30to the fund.
31 Sec. 1562. Section 103.14, Code 2023, is amended to read as
32follows:
33103.14 Alarm installations.
34A person who is not licensed pursuant to this chapter may
35plan, lay out, or install electrical wiring, apparatus, and
-978-1equipment for components of alarm systems that operate at
2seventy volt/amps (VA) or less, only if the person is certified
3to conduct such work pursuant to chapter 100C. Installations
4of alarm systems that operate at seventy volt/amps (VA) or less
5are subject to inspection by state inspectors as provided in
6section 103.31, except that reports of such inspections, if
7the installation being inspected was performed by a person
8certified pursuant to chapter 100C, shall be submitted to
9the state fire marshal director and any action taken on a
10report of an inspection of an installation performed by a
11person certified pursuant to chapter 100C shall be taken by
12or at the direction of the state fire marshal, unless the
13installation has been found to exceed the authority granted to
14the certificate holder pursuant to chapter 100C and therefore
15to be in violation of this chapter.
16 Sec. 1563. Section 103.25, subsection 1, Code 2023, is
17amended to read as follows:
181. At or before commencement of any installation required
19to be inspected by the board, the licensee or property owner
20making such installation shall submit to the state fire
21marshal’s office department a request for inspection. The
22board shall prescribe the methods by which the request may be
23submitted, which may include electronic submission or through
24a form prescribed by the board that can be submitted either
25through the mail or by a fax transmission. The board shall
26also prescribe methods by which inspection fees can be paid,
27which may include electronic methods of payment. If the board
28or the state fire marshal’s office department becomes aware
29that a person has failed to file a necessary request for
30inspection, the board shall send a written notification by
31certified mail that the request must be filed within fourteen
32days. Any person filing a late request for inspection shall
33pay a delinquency fee in an amount to be determined by the
34board. A person who fails to file a late request within
35fourteen days from receipt of the notification shall be subject
-979-1to a civil penalty to be determined by the board by rule.
2 Sec. 1564. Section 103.26, Code 2023, is amended to read as
3follows:
4103.26 Condemnation — disconnection — opportunity to
5correct noncompliance.
6If the inspector finds that any installation or portion of
7an installation is not in compliance with accepted standards
8of construction for health safety and property safety, based
9upon minimum standards set forth in the local electrical
10code or the national electrical code adopted by the board
11pursuant to section 103.6, the inspector shall by written
12order condemn the installation or noncomplying portion or
13order service to such installation disconnected and shall
14send a copy of such order to the board, the state fire
15marshal director, and the electrical utility supplying power
16involved. If the installation or the noncomplying portion is
17such as to seriously and proximately endanger human health
18or property, the order of the inspector when approved by the
19inspector’s supervisor shall require immediate condemnation
20and disconnection by the applicant. In all other cases, the
21order of the inspector shall establish a reasonable period
22of time for the installation to be brought into compliance
23with accepted standards of construction for health safety and
24property safety prior to the effective date established in such
25order for condemnation or disconnection.
26 Sec. 1565. Section 103.31, subsections 3, 4, and 5, Code
272023, are amended to read as follows:
283. State inspection procedures and policies shall be
29established by the board. The state fire marshal director, or
30the state fire marshal’s director’s designee, shall enforce
31the procedures and policies, and enforce the provisions of the
32national electrical code adopted by the board.
334. Except when an inspection reveals that an installation or
34portion of an installation is not in compliance with accepted
35standards of construction for health safety and property
-980-1safety, based upon minimum standards set forth in the local
2electrical code or the national electrical code adopted by
3the board pursuant to section 103.6, such that an order of
4condemnation or disconnection is warranted pursuant to section
5103.26, an inspector shall not add to, modify, or amend a
6construction plan as originally approved by the state fire
7marshal director or the state building code commissioner in the
8course of conducting an inspection.
95. Management and supervision of inspectors, including
10hiring decisions, disciplinary action, promotions, and work
11schedules are the responsibility of the state fire marshal
12 director acting in accordance with applicable law and pursuant
13to any applicable collective bargaining agreement. The state
14fire marshal director and the board shall jointly determine
15work territories, regions, or districts for inspectors
16and continuing education and ongoing training requirements
17applicable to inspectors. An inspector subject to disciplinary
18action pursuant to this subsection shall be entitled to an
19appeal according to the procedure set forth in section 103.34
20and judicial review pursuant to section 17A.19.
21 Sec. 1566. Section 103.32, subsection 3, Code 2023, is
22amended to read as follows:
233. When an inspection is requested by a property owner,
24the minimum fee shall be thirty dollars plus five dollars
25per branch circuit or feeder. The fee for fire and accident
26inspections shall be computed at the rate of forty-seven
27dollars per hour, and mileage and other expenses shall be
28reimbursed as provided by the office of the state fire marshal
29 department.
30 Sec. 1567. Section 103.33, subsection 1, Code 2023, is
31amended to read as follows:
321. Any person aggrieved by a condemnation or disconnection
33order issued by the state fire marshal’s office department may
34appeal from the order by filing a written notice of appeal with
35the board within ten days after the date the order was served
-981-1upon the property owner or within ten days after the order was
2filed with the board, whichever is later.
3 Sec. 1568. Section 103A.3, Code 2023, is amended by adding
4the following new subsections:
5 NEW SUBSECTION. 6A. “Department” means the department of
6inspections, appeals, and licensing.
7 NEW SUBSECTION. 6B. “Director” means the director of
8the department of inspections, appeals, and licensing or the
9director’s designee.
10 Sec. 1569. Section 103A.4, Code 2023, is amended to read as
11follows:
12103A.4 Building code commissioner.
13The commissioner of public safety director, in addition
14to other duties, shall serve as the state building code
15commissioner or may designate a building code commissioner.
16 Sec. 1570. Section 103A.23, subsection 1, Code 2023, is
17amended to read as follows:
181. For the purpose of obtaining revenue to defray the
19costs of administering the provisions of this chapter, the
20commissioner shall establish by rule a schedule of fees based
21upon the costs of administration which fees shall be collected
22from persons whose manufacture, installation, or construction
23is subject to the provisions of the state building code. For
24the performance of building plan reviews by the department
25of public safety, the commissioner shall establish by rule a
26fee, chargeable to the owner of the building, which shall be
27equal to a percentage of the estimated total valuation of the
28building and which shall be in an amount reasonably related to
29the cost of conducting the review.
30 Sec. 1571. Section 103A.54, Code 2023, is amended to read
31as follows:
32103A.54 Fees.
33Notwithstanding section 103A.23, the department of
34public safety shall retain all fees collected pursuant to
35this subchapter and the fees retained are appropriated to
-982-1the commissioner to administer the licensing program and
2the certification program for manufactured or mobile home
3installers, including the employment of personnel for the
4enforcement and administration of such programs.
5 Sec. 1572. Section 105.2, subsection 4, Code 2023, is
6amended to read as follows:
74. “Department” means the Iowa department of public health
8 inspections, appeals, and licensing.
9 Sec. 1573. Section 105.3, subsection 1, Code 2023, is
10amended to read as follows:
111. A plumbing and mechanical systems board is created within
12the Iowa department of public health.
13 Sec. 1574. Section 105.3, subsection 2, paragraph a,
14unnumbered paragraph 1, Code 2023, is amended to read as
15follows:
16The board shall be comprised of eleven twelve voting
17 members, appointed by the governor, as follows:
18 Sec. 1575. Section 105.3, subsection 2, paragraph a,
19subparagraph (1), Code 2023, is amended to read as follows:
20(1) The director of public health and human services or the
21director’s designee.
22 Sec. 1576. Section 105.3, subsection 2, paragraph a, Code
232023, is amended by adding the following new subparagraph:
24 NEW SUBPARAGRAPH. (2A) The director of the department of
25inspections, appeals, and licensing or the director’s designee.
26 Sec. 1577. Section 105.3, subsection 2, paragraph b, Code
272023, is amended to read as follows:
28b. The board members enumerated in paragraph a “a”,
29subparagraphs (3) through (9), are shall be appointed by the
30governor and subject to confirmation by the senate.
31 Sec. 1578. Section 105.4, subsection 1, paragraph a, Code
322023, is amended to read as follows:
33a. The board shall establish by rule a plumbing installation
34code governing the installation of plumbing in this state.
35Consistent with fire safety rules and standards promulgated
-983-1by the state fire marshal department, the board shall adopt
2the most current version of the uniform plumbing code and the
3international mechanical code, as the state plumbing code
4and the state mechanical code, to govern the installation of
5plumbing and mechanical systems in this state. The board shall
6adopt the current version of each code within six months of its
7being released. The board may adopt amendments to each code by
8rule. The board shall work in consultation with the state fire
9marshal department to ensure that proposed amendments do not
10conflict with the fire safety rules and standards promulgated
11by the state fire marshal department. The state plumbing
12code and the state mechanical code shall be applicable to all
13buildings and structures owned by the state or an agency of the
14state and in each local jurisdiction.
15 Sec. 1579. Section 105.12, subsection 1, Code 2023, is
16amended to read as follows:
171. A contracting, plumbing, mechanical, HVAC-refrigeration,
18sheet metal, or hydronic license shall be in the form of a
19certificate under the seal of the department, signed by the
20director of public health the department, and shall be issued
21in the name of the board. The license number shall be noted on
22the face of the license.
23 Sec. 1580. Section 135.11A, Code 2023, is amended to read
24as follows:
25135.11A Professional licensure division — other licensing
26 Licensing boards — expenses — fees.
271. There shall be a professional licensure division within
28the department of public health. Each board under chapter
29 chapters 100C, 103, 103A, 105, or 147 or that are under the
30administrative authority of the department, except the board
31of nursing, board of medicine, dental board, and board of
32pharmacy, shall receive administrative and clerical support
33from the division department and may not employ its own support
34staff for administrative and clerical duties. The executive
35director of the board of nursing, board of medicine, dental
-984-1board, and board of pharmacy shall be appointed pursuant to
2section 135.11B.
32. The professional licensure division department and the
4licensing boards referenced in subsection 1 may expend funds in
5addition to amounts budgeted, if those additional expenditures
6are directly the result of actual examination and exceed funds
7budgeted for examinations. Before the division department or a
8licensing board expends or encumbers an amount in excess of the
9funds budgeted for examinations, the director of the department
10of management shall approve the expenditure or encumbrance.
11Before approval is given, the department of management shall
12determine that the examination expenses exceed the funds
13budgeted by the general assembly to the division department
14 or board and the division department or board does not have
15other funds from which examination expenses can be paid.
16Upon approval of the department of management, the division
17 department or licensing board may expend and encumber funds for
18excess examination expenses. The amounts necessary to fund
19the excess examination expenses shall be collected as fees
20from additional examination applicants and shall be treated as
21repayment receipts as defined in section 8.2.
22 Sec. 1581. Section 135.24, subsection 2, paragraph a, Code
232023, is amended to read as follows:
24a. Procedures for registration of health care providers
25deemed qualified by the board of medicine, the board of
26physician assistants, the dental board, the board of nursing,
27the board of chiropractic, the board of psychology, the board
28of social work, the board of behavioral science, the board
29of pharmacy, the board of optometry, the board of podiatry,
30the board of physical and occupational therapy, the board of
31respiratory care and polysomnography, and the Iowa department
32of public health inspections, appeals, and licensing, as
33applicable.
34 Sec. 1582. Section 135.31, Code 2023, is amended to read as
35follows:
-985- 1135.31 Location of boards — rulemaking.
2The offices for the board of medicine, the board of pharmacy,
3the board of nursing, and the dental board shall be located
4within the department of public health. The individual boards
5shall have policymaking and rulemaking authority.
6 Sec. 1583. Section 135.37, Code 2023, is amended to read as
7follows:
8135.37 Tattooing — permit requirement — penalty.
91. A person shall not own, control and lease, act as an
10agent for, conduct, manage, or operate an establishment to
11practice the art of tattooing or engage in the practice of
12tattooing without first applying for and receiving a permit
13from the Iowa department of public health.
142. A minor shall not obtain a tattoo and a person shall
15not provide a tattoo to a minor. For the purposes of this
16section, “minor” means an unmarried person who is under the age
17of eighteen years.
183. A person who fails to meet the requirements of subsection
191 or a person providing a tattoo to a minor is guilty of a
20serious misdemeanor.
214. The Iowa department of public health shall:
22a. Adopt rules pursuant to chapter 17A and establish and
23collect all fees necessary to administer this section. The
24provisions of chapter 17A, including licensing provisions,
25judicial review, and appeal, shall apply to this chapter
26 section.
27b. Establish minimum safety and sanitation criteria for the
28operation of tattooing establishments.
295. If the Iowa department of public health determines that
30a provision of this section has been or is being violated, the
31department may order that a tattooing establishment not be
32operated until the necessary corrective action has been taken.
33If the establishment continues to be operated in violation of
34the order of the department, the department may request that
35the county attorney or the attorney general make an application
-986-1in the name of the state to the district court of the county
2in which the violations have occurred for an order to enjoin
3the violations. This remedy is in addition to any other legal
4remedy available to the department.
56. As necessary to avoid duplication and promote
6coordination of public health inspection and enforcement
7activities, the department may enter into agreements with
8local boards of health to provide for inspection of tattooing
9establishments and enforcement activities in accordance with
10the rules and criteria implemented under this section.
11 Sec. 1584. Section 135.61, unnumbered paragraph 1, Code
122023, is amended to read as follows:
13As used in this subchapter part, unless the context
14otherwise requires:
15 Sec. 1585. Section 135.61, subsection 1, paragraph d, Code
162023, is amended to read as follows:
17d. Each institutional health facility or health maintenance
18organization which, prior to receipt of the application by the
19department, has formally indicated to the department pursuant
20to this subchapter part an intent to furnish in the future
21institutional health services similar to the new institutional
22health service proposed in the application.
23 Sec. 1586. Section 135.61, subsection 4, Code 2023, is
24amended to read as follows:
254. “Council” means the state health facilities council
26established by this subchapter part.
27 Sec. 1587. Section 135.61, subsections 5 and 7, Code 2023,
28are amended by striking the subsections.
29 Sec. 1588. Section 135.62, subsection 1, Code 2023, is
30amended to read as follows:
311. This subchapter part shall be administered by the
32department. The director shall employ or cause to be employed
33the necessary persons to discharge the duties imposed on the
34department by this subchapter part.
35 Sec. 1589. Section 135.62, subsection 2, paragraph e,
-987-1subparagraphs (2), (4), and (5), Code 2023, are amended to read
2as follows:
3(2) Determine and adopt such policies as are authorized by
4law and are deemed necessary to the efficient discharge of its
5duties under this subchapter part.
6(4) Advise and counsel with the director concerning
7the provisions of this subchapter part and the policies
8and procedures adopted by the department pursuant to this
9subchapter part.
10(5) Review and approve, prior to promulgation, all rules
11adopted by the department under this subchapter part.
12 Sec. 1590. Section 135.63, subsection 1, Code 2023, is
13amended to read as follows:
141. A new institutional health service or changed
15institutional health service shall not be offered or developed
16in this state without prior application to the department
17for and receipt of a certificate of need, pursuant to this
18subchapter part. The application shall be made upon forms
19furnished or prescribed by the department and shall contain
20such information as the department may require under this
21subchapter part. The application shall be accompanied
22by a fee equivalent to three-tenths of one percent of the
23anticipated cost of the project with a minimum fee of six
24hundred dollars and a maximum fee of twenty-one thousand
25dollars. The fee shall be remitted by the department to the
26treasurer of state, who shall place it in the general fund of
27the state. If an application is voluntarily withdrawn within
28thirty calendar days after submission, seventy-five percent
29of the application fee shall be refunded; if the application
30is voluntarily withdrawn more than thirty but within sixty
31days after submission, fifty percent of the application fee
32shall be refunded; if the application is withdrawn voluntarily
33more than sixty days after submission, twenty-five percent of
34the application fee shall be refunded. Notwithstanding the
35required payment of an application fee under this subsection,
-988-1an applicant for a new institutional health service or a
2changed institutional health service offered or developed by
3an intermediate care facility for persons with an intellectual
4disability or an intermediate care facility for persons with
5mental illness as defined pursuant to section 135C.1 is exempt
6from payment of the application fee.
7 Sec. 1591. Section 135.63, subsection 2, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9This subchapter part shall not be construed to augment,
10limit, contravene, or repeal in any manner any other statute
11of this state which may authorize or relate to licensure,
12regulation, supervision, or control of, nor to be applicable
13to:
14 Sec. 1592. Section 135.63, subsection 2, paragraph f, Code
152023, is amended to read as follows:
16f. A residential care facility, as defined in section
17135C.1, including a residential care facility for persons with
18an intellectual disability, notwithstanding any provision in
19this subchapter part to the contrary.
20 Sec. 1593. Section 135.63, subsection 2, paragraph g,
21subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
22to read as follows:
23A reduction in bed capacity of an institutional health
24facility, notwithstanding any provision in this subchapter part
25 to the contrary, if all of the following conditions exist:
26 Sec. 1594. Section 135.63, subsection 2, paragraph h,
27subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
28to read as follows:
29The deletion of one or more health services, previously
30offered on a regular basis by an institutional health facility
31or health maintenance organization, notwithstanding any
32provision of this subchapter part to the contrary, if all of
33the following conditions exist:
34 Sec. 1595. Section 135.63, subsection 2, paragraph j, Code
352023, is amended to read as follows:
-989- 1j. The construction, modification, or replacement of
2nonpatient care services, including parking facilities,
3heating, ventilation and air conditioning systems, computers,
4telephone systems, medical office buildings, and other projects
5of a similar nature, notwithstanding any provision in this
6subchapter part to the contrary.
7 Sec. 1596. Section 135.63, subsection 2, paragraph k,
8subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
9to read as follows:
10The redistribution of beds by a hospital within the acute
11care category of bed usage, notwithstanding any provision in
12this subchapter part to the contrary, if all of the following
13conditions exist:
14 Sec. 1597. Section 135.63, subsection 2, paragraph l,
15unnumbered paragraph 1, Code 2023, is amended to read as
16follows:
17The replacement or modernization of any institutional health
18facility if the replacement or modernization does not add new
19health services or additional bed capacity for existing health
20services, notwithstanding any provision in this subchapter
21 part to the contrary. With respect to a nursing facility,
22“replacement” means establishing a new facility within the same
23county as the prior facility to be closed. With reference to
24a hospital, “replacement” means establishing a new hospital
25that demonstrates compliance with all of the following criteria
26through evidence submitted to the department:
27 Sec. 1598. Section 135.63, subsection 2, paragraphs m and n,
28Code 2023, are amended to read as follows:
29m. Hemodialysis services provided by a hospital or
30freestanding facility, notwithstanding any provision in this
31subchapter part to the contrary.
32n. Hospice services provided by a hospital, notwithstanding
33any provision in this subchapter part to the contrary.
34 Sec. 1599. Section 135.63, subsection 2, paragraph p,
35unnumbered paragraph 1, Code 2023, is amended to read as
-990-1follows:
2The conversion of an existing number of beds by an
3intermediate care facility for persons with an intellectual
4disability to a smaller facility environment, including but not
5limited to a community-based environment which does not result
6in an increased number of beds, notwithstanding any provision
7in this subchapter part to the contrary, including subsection
84, if all of the following conditions exist:
9 Sec. 1600. Section 135.63, subsection 3, Code 2023, is
10amended to read as follows:
113. This subchapter part shall not be construed to be
12applicable to a health care facility operated by and for the
13exclusive use of members of a religious order, which does
14not admit more than two individuals to the facility from the
15general public, and which was in operation prior to July 1,
161986. However, this subchapter part is applicable to such
17a facility if the facility is involved in the offering or
18developing of a new or changed institutional health service on
19or after July 1, 1986.
20 Sec. 1601. Section 135.63, subsection 4, unnumbered
21paragraph 1, Code 2023, is amended to read as follows:
22A copy of the application shall be sent to the department
23of health and human services at the time the application
24is submitted to the Iowa department of public health. The
25department shall not process applications for and the council
26shall not consider a new or changed institutional health
27service for an intermediate care facility for persons with an
28intellectual disability unless both of the following conditions
29are met:
30 Sec. 1602. Section 135.64, subsection 3, Code 2023, is
31amended to read as follows:
323. In the evaluation of applications for certificates
33of need submitted by the university of Iowa hospitals and
34clinics, the unique features of that institution relating to
35statewide tertiary health care, health science education, and
-991-1clinical research shall be given due consideration. Further,
2in administering this subchapter part, the unique capacity of
3university hospitals for the evaluation of technologically
4innovative equipment and other new health services shall be
5utilized.
6 Sec. 1603. Section 135.72, unnumbered paragraph 1, Code
72023, is amended to read as follows:
8The department shall adopt, with approval of the council,
9such administrative rules as are necessary to enable it to
10implement this subchapter part. These rules shall include:
11 Sec. 1604. Section 135.73, subsection 1, Code 2023, is
12amended to read as follows:
131. Any party constructing a new institutional health
14facility or an addition to or renovation of an existing
15institutional health facility without first obtaining a
16certificate of need or, in the case of a mobile health service,
17ascertaining that the mobile health service has received
18certificate of need approval, as required by this subchapter
19 part, shall be denied licensure or change of licensure by the
20appropriate responsible licensing agency of this state.
21 Sec. 1605. Section 135.73, subsection 2, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23A party violating this subchapter part shall be subject
24to penalties in accordance with this section. The
25department shall adopt rules setting forth the violations by
26classification, the criteria for the classification of any
27violation not listed, and procedures for implementing this
28subsection.
29 Sec. 1606. Section 135.73, subsection 3, Code 2023, is
30amended to read as follows:
313. Notwithstanding any other sanction imposed pursuant
32to this section, a party offering or developing any new
33institutional health service or changed institutional health
34service without first obtaining a certificate of need as
35required by this subchapter part may be temporarily or
-992-1permanently restrained from doing so by any court of competent
2jurisdiction in any action brought by the state, any of its
3political subdivisions, or any other interested person.
4 Sec. 1607. Section 135.74, subsection 3, Code 2023, is
5amended to read as follows:
63. The department shall, where appropriate, provide for
7modification, consistent with the purposes of this subchapter
8 part, of reporting requirements to correctly reflect the
9differences among hospitals and among health care facilities
10referred to in subsection 2, and to avoid otherwise unduly
11burdensome costs in meeting the requirements of uniform methods
12of financial reporting.
13 Sec. 1608. Section 135.75, subsection 2, Code 2023, is
14amended to read as follows:
152. Where more than one licensed hospital or health
16care facility is operated by the reporting organization,
17the information required by this section shall be reported
18separately for each licensed hospital or health care facility.
19The department shall require preparation of specified financial
20reports by a certified public accountant, and may require
21attestation of responsible officials of the reporting hospital
22or health care facility that the reports submitted are to the
23best of their knowledge and belief prepared in accordance with
24the prescribed methods of reporting. The department shall
25have the right to inspect the books, audits and records of any
26hospital or health care facility as reasonably necessary to
27verify reports submitted pursuant to this subchapter part.
28 Sec. 1609. Section 135.76, subsection 1, Code 2023, is
29amended to read as follows:
301. The department shall from time to time undertake analyses
31and studies relating to hospital and health care facility
32costs and to the financial status of hospitals or health care
33facilities, or both, which are subject to the provisions of
34this subchapter part. It shall further require the filing
35of information concerning the total financial needs of each
-993-1individual hospital or health care facility and the resources
2currently or prospectively available to meet these needs,
3including the effect of proposals made by health systems
4agencies. The department shall also prepare and file such
5summaries and compilations or other supplementary reports based
6on the information filed with it as will, in its judgment,
7advance the purposes of this subchapter part.
8 Sec. 1610. Section 135C.2, subsection 3, paragraph c, Code
92023, is amended to read as follows:
10c. The rules adopted for intermediate care facilities for
11persons with an intellectual disability shall be consistent
12with, but no more restrictive than, the federal standards for
13intermediate care facilities for persons with an intellectual
14disability established pursuant to the federal Social Security
15Act, §1905(c)(d), as codified in 42 U.S.C. §1396d, in effect on
16January 1, 1989. However, in order for an intermediate care
17facility for persons with an intellectual disability to be
18licensed, the state fire marshal director must certify to the
19department that the facility meets the applicable provisions
20of the rules adopted for such facilities by the state fire
21marshal director. The state fire marshal’s director’s rules
22shall be based upon such a facility’s compliance with either
23the provisions applicable to health care occupancies or
24residential board and care occupancies of the life safety code
25of the national fire protection association, 2000 edition. The
26department shall adopt additional rules for intermediate care
27facilities for persons with an intellectual disability pursuant
28to section 135C.14, subsection 8.
29 Sec. 1611. Section 135C.2, subsection 5, paragraph b, Code
302023, is amended to read as follows:
31b. A facility must be located in an area zoned for single or
32multiple-family housing or in an unincorporated area and must
33be constructed in compliance with applicable local requirements
34and the rules adopted for the special classification by the
35state fire marshal director in accordance with the concept of
-994-1the least restrictive environment for the facility residents.
2Local requirements shall not be more restrictive than the
3rules adopted for the special classification by the state fire
4marshal director and the state building code requirements for
5single or multiple-family housing, under section 103A.7.
6 Sec. 1612. Section 135C.5, Code 2023, is amended to read as
7follows:
8135C.5 Limitations on use.
9Another business or activity serving persons other than
10the residents of a health care facility may be operated or
11provided in a designated part of the physical structure of
12the health care facility if the other business or activity
13meets the requirements of applicable state and federal
14laws, administrative rules, and federal regulations. The
15department shall not limit the ability of a health care
16facility to operate or provide another business or activity
17in the designated part of the facility if the business or
18activity does not interfere with the use of the facility by the
19residents or with the services provided to the residents, and
20is not disturbing to the residents. In denying the ability of
21a health care facility to operate or provide another business
22or activity under this section, the burden of proof shall be
23on the department to demonstrate that the other business or
24activity substantially interferes with the use of the facility
25by the residents or the services provided to the residents,
26or is disturbing to the residents. The state fire marshal
27 director, in accordance with chapter 17A, shall adopt rules
28which establish criteria for approval of a business or activity
29to be operated or provided in a designated part of the physical
30structure of a health care facility. For the purposes of
31this section, “another business or activity” shall not include
32laboratory services with the exception of laboratory services
33for which a waiver from regulatory oversight has been obtained
34under the federal Clinical Laboratory Improvement Amendments of
351988, Pub.L. No.100-578, as amended, radiological services,
-995-1anesthesiology services, obstetrical services, surgical
2services, or emergency room services provided by hospitals
3licensed under chapter 135B.
4 Sec. 1613. Section 135C.9, Code 2023, is amended to read as
5follows:
6135C.9 Inspection before issuance — notice of deficiencies.
71. The department shall not issue a health care facility
8license to any applicant until:
9a. The department has ascertained that the staff and
10equipment of the facility is adequate to provide the care and
11services required of a health care facility of the category
12for which the license is sought. Prior to the review and
13approval of plans and specifications for any new facility
14and the initial licensing under a new licensee, a resume of
15the programs and services to be furnished and of the means
16available to the applicant for providing the same and for
17meeting requirements for staffing, equipment, and operation
18of the health care facility, with particular reference to the
19professional requirements for services to be rendered, shall be
20submitted in writing to the department for review and approval.
21The resume shall be reviewed by the department within ten
22working days and returned to the applicant. The resume shall,
23upon the department’s request, be revised as appropriate by the
24facility from time to time after issuance of a license.
25b. The facility has been inspected by the state fire marshal
26or a deputy appointed by the fire marshal for that purpose
27 director, who may be a member of a municipal fire department,
28and the department has received either a certificate of
29compliance or a provisional certificate of compliance by
30the facility with the fire hazard and fire safety rules and
31standards of the department as promulgated by the fire marshal
32 director and, where applicable, the fire safety standards
33required for participation in programs authorized by either
34Tit.XVIII or Tit.XIX of the United States Social Security
35Act, codified at 42 U.S.C. §1395 – 1395ll and 1396 – 1396g. The
-996-1certificate or provisional certificate shall be signed by the
2fire marshal director or the fire marshal’s deputy director’s
3designee who made the inspection. If the state fire marshal
4or a deputy director finds a deficiency upon inspection, the
5notice to the facility shall be provided in a timely manner
6and shall specifically describe the nature of the deficiency,
7identifying the Code section or subsection or the rule or
8standard violated. The notice shall also specify the time
9allowed for correction of the deficiency, at the end of which
10time the fire marshal or a deputy director shall perform a
11follow-up inspection.
122. The rules and standards promulgated by the fire marshal
13 director pursuant to subsection 1, paragraph “b” of this section
14shall be substantially in keeping with the latest generally
15recognized safety criteria for the facilities covered, of which
16the applicable criteria recommended and published from time
17to time by the national fire protection association shall be
18prima facie evidence. The rules and standards promulgated by
19the fire marshal director shall be promulgated in consultation
20with the department and shall, to the greatest extent possible,
21be consistent with rules adopted by the department under this
22chapter.
233. The state fire marshal or the fire marshal’s deputy
24 director may issue successive provisional certificates of
25compliance for periods of one year each to a facility which is
26in substantial compliance with the applicable fire hazard and
27fire safety rules and standards, upon satisfactory evidence
28of an intent, in good faith, by the owner or operator of the
29facility to correct the deficiencies noted upon inspection
30within a reasonable period of time as determined by the state
31fire marshal or the fire marshal’s deputy director. Renewal
32of a provisional certificate shall be based on a showing
33of substantial progress in eliminating deficiencies noted
34upon the last previous inspection of the facility without
35the appearance of additional deficiencies other than those
-997-1arising from changes in the fire hazard and fire safety rules,
2regulations and standards which have occurred since the last
3previous inspection, except that substantial progress toward
4achievement of a good faith intent by the owner or operator to
5replace the entire facility within a reasonable period of time,
6as determined by the state fire marshal or the fire marshal’s
7deputy director, may be accepted as a showing of substantial
8progress in eliminating deficiencies, for the purposes of this
9section.
104. If a facility subject to licensure under this chapter,
11a facility exempt from licensure under this chapter pursuant
12to section 135C.6, or a family home under section 335.25
13or 414.22, has been issued a certificate of compliance or
14a provisional certificate of compliance under subsection
151 or 3, or has otherwise been approved as complying with
16a rule or standard by the state or a deputy fire marshal
17 the director or a local building department as defined in
18section 103A.3, the state or deputy fire marshal director
19 or local building department which issued the certificate,
20provisional certificate, or approval shall not apply additional
21requirements for compliance with the rule or standard unless
22the rule or standard is revised in accordance with chapter 17A
23or with local regulatory procedure following issuance of the
24certificate, provisional certificate, or approval.
25 Sec. 1614. Section 135C.14, unnumbered paragraph 1, Code
262023, is amended to read as follows:
27The department shall, in accordance with chapter 17A
28and with the approval of the state board of health, adopt
29and enforce rules setting minimum standards for health care
30facilities. In so doing, the department, with the approval
31of the state board of health, may adopt by reference, with
32or without amendment, nationally recognized standards and
33rules, which shall be specified by title and edition, date
34of publication, or similar information. The rules and
35standards required by this section shall be formulated in
-998-1consultation with the director of health and human services or
2the director’s director of health and human services’ designee,
3with the state fire marshal director, and with affected
4industry, professional, and consumer groups, and shall be
5designed to further the accomplishment of the purposes of this
6chapter and shall relate to:
7 Sec. 1615. Section 135C.14, subsection 1, Code 2023, is
8amended to read as follows:
91. Location and construction of the facility, including
10plumbing, heating, lighting, ventilation, and other housing
11conditions, which shall ensure the health, safety and comfort
12of residents and protection from fire hazards. The rules of
13the department relating to protection from fire hazards and
14fire safety shall be promulgated by the state fire marshal
15 director in consultation with the department, and shall be in
16keeping with the latest generally recognized safety criteria
17for the facilities covered of which the applicable criteria
18recommended and published from time to time by the national
19fire protection association are prima facie evidence. To
20the greatest extent possible, the rules promulgated by the
21state fire marshal director shall be consistent with the rules
22adopted by the department under this chapter.
23 Sec. 1616. Section 135C.16, subsection 3, Code 2023, is
24amended to read as follows:
253. An authorized representative of the department may
26enter any licensed health care facility without a warrant,
27and may examine all records pertaining to the care provided
28residents of the facility. An authorized representative of the
29department may contact or interview any resident, employee, or
30any other person who might have knowledge about the operation
31of a health care facility. An authorized representative of
32the department of human services shall have the same right
33with respect to any facility where one or more residents are
34cared for entirely or partially at public expense, and an
35authorized representative of the designated protection and
-999-1advocacy agency shall have the same right with respect to
2any facility where one or more residents have developmental
3disabilities or mental illnesses, and the state fire marshal or
4a deputy appointed pursuant to section 135C.9, subsection 1,
5paragraph “b”, director shall have the same right of entry into
6any facility and the right to inspect any records pertinent
7to fire safety practices and conditions within that facility,
8and an authorized representative of the office of long-term
9care ombudsman shall have the same right with respect to any
10nursing facility or residential care facility. If any such
11authorized representative has probable cause to believe that
12any institution, building, or agency not licensed as a health
13care facility is in fact a health care facility as defined
14by this chapter, and upon producing identification that the
15individual is an authorized representative is denied entry
16thereto for the purpose of making an inspection, the authorized
17representative may, with the assistance of the county attorney
18of the county in which the purported health care facility is
19located, apply to the district court for an order requiring
20the owner or occupant to permit entry and inspection of the
21premises to determine whether there have been any violations of
22this chapter.
23 Sec. 1617. Section 135C.17, Code 2023, is amended to read
24as follows:
25135C.17 Duties of other departments.
26It shall be the duty of the department of human services,
27state fire marshal, office of long-term care ombudsman, and
28the officers and agents of other state and local governmental
29units, and the designated protection and advocacy agency to
30assist the department in carrying out the provisions of this
31chapter, insofar as the functions of these respective offices
32and departments are concerned with the health, welfare, and
33safety of any resident of any health care facility. It shall
34be the duty of the department to cooperate with the protection
35and advocacy agency and the office of long-term care ombudsman
-1000-1by responding to all reasonable requests for assistance and
2information as required by federal law and this chapter.
3 Sec. 1618. Section 135I.1, subsection 1, Code 2023, is
4amended to read as follows:
51. “Department” means the Iowa department of public health
6 inspections, appeals, and licensing.
7 Sec. 1619. Section 135K.1, subsection 3, Code 2023, is
8amended to read as follows:
93. “Department” means the Iowa department of public health
10 inspections, appeals, and licensing.
11 Sec. 1620. Section 136D.2, subsections 1 and 2, Code 2023,
12are amended to read as follows:
131. “Department” means the Iowa department of public health
14 inspections, appeals, and licensing.
152. “Director” means the director of public health the
16department of inspections, appeals, and licensing, or the
17director’s designee.
18 Sec. 1621. Section 137C.35, subsection 2, Code 2023, is
19amended to read as follows:
202. A bed and breakfast inn is subject to regulation,
21licensing, and inspection under this chapter, but separate
22toilet and lavatory facilities shall not be required for each
23guest room. Additionally, a bed and breakfast inn is exempt
24from fire safety rules adopted pursuant to section 100.35 and
25applicable to hotels, but is subject to fire safety rules which
26the state fire marshal director shall specifically adopt for
27bed and breakfast inns.
28 Sec. 1622. Section 138.1, subsections 4 and 5, Code 2023,
29are amended to read as follows:
304. “Department” means the Iowa department of public health
31 inspections, appeals, and licensing.
325. “Director” means the director of public health the
33department of inspections, appeals, and licensing or the
34director’s designee.
35 Sec. 1623. Section 147.1, subsection 2, Code 2023, is
-1001-1amended to read as follows:
22. “Department” means the department of public health
3 inspections, appeals, and licensing.
4 Sec. 1624. Section 147.82, Code 2023, is amended to read as
5follows:
6147.82 Fee retention.
7All fees collected by a board listed in section 147.13 or
8by the department for the bureau of professional licensure,
9and fees collected pursuant to sections 124.301 and 147.80 and
10chapter 155A by the board of pharmacy, shall be retained by
11each board or by the department for the bureau of professional
12licensure. The moneys retained by a board shall be used for
13any of the board’s duties, including but not limited to the
14addition of full-time equivalent positions for program services
15and investigations. Revenues retained by a board pursuant
16to this section shall be considered repayment receipts as
17defined in section 8.2. Notwithstanding section 8.33, moneys
18retained by a board pursuant to this section are not subject to
19reversion to the general fund of the state.
20 Sec. 1625. Section 148C.1, subsection 4, Code 2023, is
21amended to read as follows:
224. “Department” means the department of public health
23 inspections, appeals, and licensing.
24 Sec. 1626. Section 152B.1, subsection 2, Code 2023, is
25amended to read as follows:
262. “Department” means the Iowa department of public health
27 inspections, appeals, and licensing.
28 Sec. 1627. Section 154A.1, subsection 2, Code 2023, is
29amended to read as follows:
302. “Department” means the Iowa department of public health
31 inspections, appeals, and licensing.
32 Sec. 1628. Section 154B.8, Code 2023, is amended to read as
33follows:
34154B.8 Voluntary surrender of license.
35The director of public health the department of inspections,
-1002-1appeals, and licensing may accept the voluntary surrender of
2license if accompanied by a written statement of intention.
3The voluntary surrender, when accepted, shall have the same
4force and effect as an order of revocation.
5 Sec. 1629. Section 154B.13, subsection 2, Code 2023, is
6amended to read as follows:
72. The board shall appoint a prescribing psychologist
8rules subcommittee comprised of a psychologist appointed by
9the board, a physician appointed by the board of medicine, and
10a member of the public appointed by the director of public
11health the department of inspections, appeals, and licensing to
12develop rules for consideration by the board pursuant to this
13section.
14 Sec. 1630. Section 154E.1, subsection 3, Code 2023, is
15amended to read as follows:
163. “Department” means the Iowa department of public health
17 inspections, appeals, and licensing.
18 Sec. 1631. Section 155A.13, subsection 3, paragraph d, Code
192023, is amended to read as follows:
20d. An applicant seeking a special or limited-use pharmacy
21license for a proposed telepharmacy site that does not meet the
22mileage requirement established in paragraph “c” and is not
23statutorily exempt from the mileage requirement may apply to
24the board for a waiver of the mileage requirement. A waiver
25request shall only be granted if the applicant can demonstrate
26to the board that the proposed telepharmacy site is located in
27an area where there is limited access to pharmacy services and
28can establish the existence of compelling circumstances that
29justify waiving the mileage requirement. The board’s decision
30to grant or deny a waiver request shall be a proposed decision
31subject to mandatory review by the director of public health
32 the department of inspections, appeals, and licensing. The
33director shall review a proposed decision and shall have the
34power to approve, modify, or veto a proposed decision. The
35director’s decision on a waiver request shall be considered
-1003-1final agency action subject to judicial review under chapter
217A.
3 Sec. 1632. Section 156.1A, Code 2023, is amended to read as
4follows:
5156.1A Provision of services.
6Nothing contained in this chapter shall be construed
7as prohibiting the operation of any funeral home, funeral
8establishment, or cremation establishment by any person,
9heir, fiduciary, firm, cooperative burial association, or
10corporation. However, each such person, firm, cooperative
11burial association, or corporation shall ensure that
12all mortuary science services are provided by a funeral
13director, and shall keep the Iowa department of public health
14 inspections, appeals, and licensing advised of the name of the
15funeral director.
16 Sec. 1633. Section 156.10, Code 2023, is amended to read as
17follows:
18156.10 Inspection.
191. The director of public health the department of
20inspections, appeals, and licensing may inspect all places
21where dead human bodies are prepared or held for burial,
22entombment, or cremation, and may adopt and enforce such rules
23and regulations in connection with the inspection as may be
24necessary for the preservation of the public health.
252. The Iowa department of public health inspections,
26appeals, and licensing may assess an inspection fee for an
27inspection of a place where dead human bodies are prepared
28for burial or cremation. The fee may be determined by the
29department by rule.
30 Sec. 1634. Section 157.1, subsection 7, Code 2023, is
31amended to read as follows:
327. “Department” means the Iowa department of public health
33 inspections, appeals, and licensing.
34 Sec. 1635. Section 157.7, subsections 1 and 2, Code 2023,
35are amended to read as follows:
-1004- 11. The department of inspections and appeals shall
2employ personnel pursuant to chapter 8A, subchapter IV, to
3perform duties related to inspection functions under this
4chapter. The department of inspections and appeals shall, when
5possible, integrate inspection efforts under this chapter with
6inspections conducted under chapter 158.
72. The Iowa department of public health may employ clerical
8assistants pursuant to chapter 8A, subchapter IV, to administer
9and enforce this chapter. The costs and expenses of the
10clerical assistants shall be paid from funds appropriated to
11the department of public health.
12 Sec. 1636. Section 158.1, subsection 6, Code 2023, is
13amended to read as follows:
146. “Department” means the Iowa department of public health
15 inspections, appeals, and licensing.
16 Sec. 1637. Section 158.6, Code 2023, is amended to read as
17follows:
18158.6 Inspectors and clerical assistants.
191. The department of inspections and appeals shall
20employ personnel pursuant to chapter 8A, subchapter IV, to
21perform duties related to inspection functions under this
22chapter. The department of inspections and appeals shall, when
23possible, integrate inspection efforts under this chapter with
24inspections conducted under chapter 157.
252. The Iowa department of public health may employ clerical
26assistants pursuant to chapter 8A, subchapter IV, to administer
27and enforce this chapter. The costs and expenses of the
28clerical assistants shall be paid from funds appropriated to
29the department of public health.
30 Sec. 1638. Section 214A.35, subsection 2, paragraph g, Code
312023, is amended to read as follows:
32g. The department of agriculture and land stewardship may
33cooperate with the department of natural resources and the
34state fire marshal department of inspections, appeals, and
35licensing in administering and enforcing the provisions of this
-1005-1section.
2 Sec. 1639. Section 218.4, subsection 3, Code 2023, is
3amended to read as follows:
43. The state fire marshal department of inspections,
5appeals, and licensing shall cause to be made an annual
6inspection of all the institutions listed in section 218.1
7and shall make written report thereof to the particular
8administrator of the state department of human services in
9control of such institution.
10 Sec. 1640. Section 231B.4, Code 2023, is amended to read as
11follows:
12231B.4 Zoning — fire and safety standards.
13An elder group home shall be located in an area zoned
14for single-family or multiple-family housing or in an
15unincorporated area and shall be constructed in compliance with
16applicable local housing codes and the rules adopted for the
17special classification by the state fire marshal department.
18In the absence of local building codes, the facility shall
19comply with the state plumbing code established pursuant to
20section 135.11 and the state building code established pursuant
21to section 103A.7 and the rules adopted for the special
22classification by the state fire marshal department. The
23rules adopted for the special classification by the state fire
24marshal department regarding second floor occupancy shall be
25adopted in consultation with the department and shall take into
26consideration the mobility of the tenants.
27 Sec. 1641. Section 231C.4, Code 2023, is amended to read as
28follows:
29231C.4 Fire and safety standards.
30The state fire marshal department shall adopt rules, in
31coordination with the department, relating to the certification
32and monitoring of the fire and safety standards of certified
33assisted living programs.
34 Sec. 1642. Section 231D.15, Code 2023, is amended to read
35as follows:
-1006- 1231D.15 Fire and safety standards.
2The state fire marshal department shall adopt rules, in
3coordination with the department, relating to the certification
4and monitoring of the fire and safety standards of adult day
5services programs.
6 Sec. 1643. Section 235A.15, subsection 2, paragraph d,
7subparagraph (7), Code 2023, is amended to read as follows:
8(7) Each licensing board specified under chapter 147 and
9the Iowa department of public health inspections, appeals,
10and licensing for the purpose of licensure, certification or
11registration, disciplinary investigation, or the renewal of
12licensure, certification or registration, or disciplinary
13proceedings of health care professionals.
14 Sec. 1644. Section 237.3, subsection 3, Code 2023, is
15amended to read as follows:
163. Rules governing fire safety in facilities with child
17foster care provided by agencies shall be promulgated by the
18state fire marshal director of the department of inspections,
19appeals, and licensing pursuant to section 100.1, subsection 5
20 10A.511 after consultation with the administrator.
21 Sec. 1645. Section 237A.3A, subsection 3, paragraph c, Code
222023, is amended to read as follows:
23c. In consultation with the state fire marshal director
24of the department of inspections, appeals, and licensing, the
25department shall adopt rules relating to the provision of fire
26extinguishers, smoke detectors, and two exits accessible to
27children in a child development home.
28 Sec. 1646. Section 237A.4, Code 2023, is amended to read as
29follows:
30237A.4 Inspection and evaluation.
31The department shall make periodic inspections of licensed
32centers to ensure compliance with licensing requirements
33provided in this chapter, and the local boards of health
34may make periodic inspections of licensed centers to ensure
35compliance with health-related licensing requirements provided
-1007-1in this chapter. The department may inspect records maintained
2by a licensed center and may inquire into matters concerning
3these centers and the persons in charge. The department
4shall require that the center be inspected by the state fire
5marshal director of the department of inspections, appeals,
6and licensing or a designee for compliance with rules relating
7to fire safety before a license is granted or renewed. The
8department or a designee may periodically visit registered
9child development homes for the purpose of evaluation of an
10inquiry into matters concerning compliance with rules adopted
11under section 237A.12. Evaluation of child development homes
12under this section may include consultative services provided
13pursuant to section 237A.6.
14 Sec. 1647. Section 237A.12, subsections 2, 3, and 4, Code
152023, are amended to read as follows:
162. Rules adopted by the state fire marshal director of
17the department of inspections, appeals, and licensing for
18buildings, other than school buildings, used as child care
19centers as an adjunct to the primary purpose of the building
20shall take into consideration that children are received for
21temporary care only and shall not differ from rules adopted
22for these buildings when they are used by groups of persons
23congregating from time to time in the primary use and occupancy
24of the buildings. However, the rules may require a fire-rated
25separation from the remaining portion of the building if
26the fire marshal director of the department of inspections,
27appeals, and licensing determines that the separation is
28necessary for the protection of children from a specific
29flammable hazard.
303. Rules relating to fire safety for child care centers
31shall be adopted under this chapter by the state fire marshal
32 director of the department of inspections, appeals, and
33licensing in consultation with the department. Rules adopted
34by the state fire marshal director of the department of
35inspections, appeals, and licensing for a building which is
-1008-1owned or leased by a school district or accredited nonpublic
2school and used as a child care facility shall not differ from
3standards adopted by the state fire marshal director of the
4department of inspections, appeals, and licensing for school
5buildings under chapter 100 10A, subchapter V, part 2. Rules
6relating to sanitation shall be adopted by the department in
7consultation with the director of public health. All rules
8shall be developed in consultation with the state child care
9advisory committee. The state fire marshal director of the
10department of inspections, appeals, and licensing shall inspect
11the facilities.
124. If a building is owned or leased by a school district
13or accredited nonpublic school and complies with standards
14adopted by the state fire marshal director of the department
15of inspections, appeals, and licensing for school buildings
16under chapter 100 10A, subchapter V, part 2, the building is
17considered appropriate for use by a child care facility. The
18rules adopted by the administrator under this section shall not
19require the facility to comply with building requirements which
20differ from requirements for use of the building as a school.
21 Sec. 1648. Section 237C.4, subsection 2, Code 2023, is
22amended to read as follows:
232. Before the administrator department issues or reissues a
24certificate of approval to a children’s residential facility
25under section 237C.6, the facility shall comply with standards
26adopted by the state fire marshal director of the department
27of inspections, appeals, and licensing under chapter 100 10A,
28subchapter V, part 2.
29 Sec. 1649. Section 237C.6, subsection 2, Code 2023, is
30amended to read as follows:
312. The certificate of approval shall state on its face the
32name of the holder of the certificate, the particular premises
33for which the certificate is issued, and the number of children
34who may be cared for by the children’s residential facility on
35the premises at one time under the certificate of occupancy
-1009-1issued by the state fire marshal director of the department of
2inspections, appeals, and licensing or the state fire marshal’s
3 director’s designee. The certificate of approval shall be
4posted in a conspicuous place in the children’s residential
5facility.
6 Sec. 1650. Section 261B.11, subsection 1, paragraph m, Code
72023, is amended to read as follows:
8m. Higher education institutions located in Iowa whose
9massage therapy curriculum is approved under administrative
10rules of the professional licensure division of the department
11of public health inspections, appeals, and licensing and whose
12instructors are licensed massage therapists under chapter 152C.
13 Sec. 1651. Section 262.33A, Code 2023, is amended to read
14as follows:
15262.33A Fire and environmental safety — report —
16expenditures.
17It is the intent of the general assembly that each
18institution of higher education under the control of the state
19board of regents shall, in consultation with the state fire
20marshal director of the department of inspections, appeals,
21and licensing, identify and correct all critical fire and
22environmental safety deficiencies. Commencing July 1, 1993,
23each institution under the control of the state board of
24regents shall expend annually for fire safety and deferred
25maintenance at least the amount budgeted for these purposes
26for the fiscal year beginning July 1, 1992, in addition to any
27moneys appropriated from the general fund for these purposes in
28succeeding years.
29 Sec. 1652. Section 272C.1, subsection 6, paragraphs af and
30ag, Code 2023, are amended to read as follows:
31af. The department of public safety inspections, appeals,
32and licensing, in licensing fire protection system installers
33and maintenance workers pursuant to chapter 100D.
34ag. The superintendent of the division of banking director
35 of the department of commerce inspections, appeals, and
-1010-1licensing in registering and supervising appraisal management
2companies pursuant to chapter 543E.
3 Sec. 1653. Section 272C.3, subsection 4, paragraph b, Code
42023, is amended to read as follows:
5b. All health care boards shall file written decisions
6which specify the sanction entered by the board with the Iowa
7 department of public health inspections, appeals, and licensing
8 which shall be available to the public upon request. All
9non-health care boards shall have on file the written and
10specified decisions and sanctions entered by the board and
11shall be available to the public upon request.
12 Sec. 1654. Section 272C.4, subsection 9, Code 2023, is
13amended to read as follows:
149. Require each health care licensing board to file with
15the Iowa department of public health inspections, appeals,
16and licensing a copy of each decision of the board imposing
17licensee discipline. Each non-health care board shall have on
18file a copy of each decision of the board imposing licensee
19discipline which copy shall be properly dated and shall be in
20simple language and in the most concise form consistent with
21clearness and comprehensiveness of subject matter.
22 Sec. 1655. Section 279.49, subsection 3, Code 2023, is
23amended to read as follows:
243. The facilities housing a program operated under this
25section shall comply with standards adopted by the state fire
26marshal director of the department of inspections, appeals,
27and licensing for school buildings under chapter 100 10A,
28subchapter V, part 2. In addition, if a program involves
29children who are younger than school age, the facilities
30housing those children shall meet the fire safety standards
31which would apply to that age of child in a child care facility
32licensed by the department of human services.
33 Sec. 1656. Section 292.2, subsection 7, unnumbered
34paragraph 1, Code 2023, is amended to read as follows:
35The department shall form a task force to review
-1011-1applications for financial assistance and provide
2recommendations to the school budget review committee. The
3task force shall include, at a minimum, representatives from
4the kindergarten through grade twelve education community, the
5state fire marshal director of the department of inspections,
6appeals, and licensing, and individuals knowledgeable in school
7infrastructure and construction issues. The department,
8in consultation with the task force, shall establish the
9parameters and the details of the criteria for awarding grants
10based on the information listed in subsection 3, including
11greater priority to the following:
12 Sec. 1657. Section 323.4A, subsection 2, paragraph b, Code
132023, is amended to read as follows:
14b. Using a dispenser to dispense ethanol blended gasoline,
15including gasoline with a specified blend or a range of
16blends under chapter 214A, if the dispenser is approved as
17required by the state fire marshal director of the department
18of inspections, appeals, and licensing for dispensing the
19specified blend or range of blends, including as provided in
20section 455G.31.
21 Sec. 1658. Section 423E.6, subsections 2, 3, and 4, Code
222023, are amended to read as follows:
232. The funds shall be allocated to the school budget
24review committee to develop a school infrastructure safety
25fund grant program, in conjunction with the state fire marshal
26 director of the department of inspections, appeals, and
27licensing. For purposes of reviewing grant applications and
28making recommendations regarding the administration of the
29program, the state fire marshal director of the department of
30inspections, appeals, and licensing shall be considered an
31additional voting member of the school budget review committee.
323. Top priority in awarding program grants shall be the
33making of school infrastructure improvements relating to fire
34and personal safety. School districts eligible for program
35grants shall have received an order or citation from the
-1012-1state fire marshal director of the department of inspections,
2appeals, and licensing, or a fire department chief or fire
3prevention officer, for one or more fire safety violations
4regarding a school facility, or in the opinion of the state
5fire marshal director of the department of inspections,
6appeals, and licensing shall be regarded as operating
7facilities subject to significant fire safety deficiencies.
8Grant awards shall also be available for defects or violations
9of the state building code, as adopted pursuant to section
10103A.7, revealed during an inspection of school facilities by
11a local building department, or for improvements consistent
12with the standards and specifications contained in the state
13building code regarding ensuring that buildings and facilities
14are accessible to and functional for persons with disabilities.
15The school budget review committee shall allocate program
16funds to school districts which, in its discretion, are
17determined to be faced with the most severe deficiencies.
18School districts applying for program grants shall have
19developed and submitted to the state fire marshal director of
20the department of inspections, appeals, and licensing or local
21building department a written plan to remedy fire or safety
22defects within a specified time frame. Approval of the written
23plan by the state fire marshal director of the department
24of inspections, appeals, and licensing or local building
25department shall be obtained prior to receipt of a grant award
26by a school district.
274. Application forms, submission dates for applications and
28for written plans to remedy fire or safety defects, and grant
29award criteria shall be developed by the state department of
30education, in coordination with the state fire marshal director
31of the department of inspections, appeals, and licensing, by
32rule.
33 Sec. 1659. Section 455B.390, subsection 3, Code 2023, is
34amended to read as follows:
353. The storage, transportation, handling, or use of
-1013-1flammable liquids, combustibles, and explosives, control over
2which is exercised by the state fire marshal director of the
3department of inspections, appeals, and licensing under chapter
4100 10A, subchapter V, part 2.
5 Sec. 1660. Section 455B.474, subsection 10, unnumbered
6paragraph 1, Code 2023, is amended to read as follows:
7Requirements that persons and companies performing or
8providing services for underground storage tank installations,
9installation inspections, testing, permanent closure of
10underground storage tanks by removal or filling in place, and
11other closure activities as defined by rules adopted by the
12commission be certified by the department. This provision does
13not apply to persons performing services in their official
14capacity and as authorized by the state fire marshal’s office
15 department of inspections, appeals, and licensing or fire
16departments of political subdivisions of the state. The rules
17adopted by the commission shall include all of the following:
18 Sec. 1661. Section 455B.474, subsection 10, paragraph c,
19Code 2023, is amended to read as follows:
20c. Requiring a written examination developed and
21administered by the department or by some other qualified
22public or private entity identified by the department.
23The department may contract with a public or private
24entity to administer the department’s examination or a
25department-approved third party examination. The examination
26shall, at a minimum, be sufficient to establish knowledge of
27all applicable underground storage tank rules adopted under
28this section, private industry standards, federal standards,
29and other applicable standards adopted by the state fire
30marshal’s office department of inspections, appeals, and
31licensing pursuant to chapter 101.
32 Sec. 1662. Section 455G.31, subsection 2, Code 2023, is
33amended to read as follows:
342. Subject to section 455G.32, a retail dealer may use
35gasoline storage and dispensing infrastructure to store and
-1014-1dispense ethanol blended gasoline classified as E-9 or higher
2if the department under this subchapter or the state fire
3marshal director of the department of inspections, appeals,
4and licensing under chapter 101 determines that the gasoline
5infrastructure is compatible with the classification of ethanol
6blended gasoline being used.
7 Sec. 1663. Section 455G.33, subsection 2, paragraph b, Code
82023, is amended to read as follows:
9b. Approved by the department or state fire marshal director
10of the department of inspections, appeals, and licensing
11 subject to conditions determined necessary by the department or
12state fire marshal director of the department of inspections,
13appeals, and licensing. The department or state fire marshal
14 director of the department of inspections, appeals, and
15licensing may waive the requirement in paragraph “a” upon
16satisfaction that a substitute requirement serves the same
17purpose.
18 Sec. 1664. Section 542.4, subsection 1, unnumbered
19paragraph 1, Code 2023, is amended to read as follows:
20An Iowa accountancy examining board is created within the
21professional licensing and regulation bureau of the banking
22division of the department of commerce inspections, appeals,
23and licensing to administer and enforce this chapter.
24 Sec. 1665. Section 542.4, subsection 6, Code 2023, is
25amended to read as follows:
266. The administrator director of the professional licensing
27and regulation bureau of the banking division of the department
28of commerce inspections, appeals, and licensing shall provide
29staffing assistance to the board for implementing this chapter.
30 Sec. 1666. Section 542B.3, Code 2023, is amended to read as
31follows:
32542B.3 Engineering and land surveying examining board
33created.
34An engineering and land surveying examining board is
35created within the professional licensing and regulation
-1015-1bureau of the banking division of the department of commerce
2 inspections, appeals, and licensing. The board consists of
3three members who are licensed professional engineers, two
4members who are licensed professional land surveyors, and
5two members who are not licensed professional engineers or
6licensed professional land surveyors and who shall represent
7the general public. An individual who is licensed as both
8a professional engineer and a professional land surveyor may
9serve to satisfy the board membership requirement for either
10a licensed professional engineer or a licensed professional
11land surveyor, but not both. Members shall be appointed
12by the governor subject to confirmation by the senate. A
13licensed member shall be actively engaged in the practice of
14engineering or land surveying and shall have been so engaged
15for five years preceding the appointment, the last two of which
16shall have been in Iowa. Insofar as practicable, licensed
17engineer members of the board shall be from different branches
18of the profession of engineering. Professional associations
19or societies composed of licensed engineers or licensed land
20surveyors may recommend the names of potential board members
21whose profession is representative of that association or
22society to the governor. However, the governor is not bound by
23the recommendations. A board member shall not be required to
24be a member of any professional association or society composed
25of professional engineers or professional land surveyors.
26 Sec. 1667. Section 542B.9, Code 2023, is amended to read as
27follows:
28542B.9 Organization of the board — staff.
29The board shall elect annually from its members a
30chairperson and a vice chairperson. The administrator director
31 of the professional licensing and regulation bureau of the
32banking division of the department of commerce inspections,
33appeals, and licensing shall hire and provide staff to assist
34the board in implementing this chapter. The board shall hold
35at least one meeting at the location of the board’s principal
-1016-1office, and meetings shall be called at other times by the
2administrator director or the director’s designee at the
3request of the chairperson or four members of the board. At
4any meeting of the board, a majority of members constitutes a
5quorum.
6 Sec. 1668. Section 543B.8, subsections 1 and 5, Code 2023,
7are amended to read as follows:
81. A real estate commission is created within the
9professional licensing and regulation bureau of the banking
10division of the department of commerce inspections, appeals,
11and licensing. The commission consists of five members
12licensed under this chapter and two members not licensed under
13this chapter and who shall represent the general public.
14Commission members shall be appointed by the governor subject
15to confirmation by the senate.
165. The administrator director of the professional licensing
17and regulation bureau of the banking division department of
18inspections, appeals, and licensing shall hire and provide
19staff to assist the commission with implementing this chapter.
20The administrator of the professional licensing and regulation
21bureau of the banking division of the department of commerce
22 and shall hire a real estate education director to assist
23the commission in administering education programs for the
24commission.
25 Sec. 1669. Section 543B.14, Code 2023, is amended to read
26as follows:
27543B.14 Fees and expenses.
28All fees and charges collected by the real estate commission
29under this chapter shall be paid into the general fund of the
30state, except that twenty-five dollars from each real estate
31salesperson’s license fee and each broker’s license fee is
32appropriated to the professional licensing and regulation
33bureau of the banking division of the department of commerce
34 shall be appropriated to the department of inspections,
35appeals, and licensing for the purpose of hiring and
-1017-1compensating a real estate education director and regulatory
2compliance personnel. All expenses incurred by the commission
3under this chapter, including compensation of staff assigned
4to the commission, shall be paid from funds appropriated for
5those purposes.
6 Sec. 1670. Section 543D.2, Code 2023, is amended by adding
7the following new subsection:
8 NEW SUBSECTION. 9A. “Director” means the director of
9the department of inspections, appeals, and licensing or the
10director’s designee.
11 Sec. 1671. Section 543D.2, subsection 14, Code 2023, is
12amended by striking the subsection.
13 Sec. 1672. Section 543D.4, subsection 1, Code 2023, is
14amended to read as follows:
151. A real estate appraiser examining board is established
16within the banking division of the department of commerce
17 inspections, appeals, and licensing. The board consists of
18seven members, two of whom shall be public members and five of
19whom shall be certified real estate appraisers.
20 Sec. 1673. Section 543D.5, subsection 1, Code 2023, is
21amended to read as follows:
221. The board shall adopt rules establishing uniform
23appraisal standards and appraiser certification requirements
24and other rules necessary to administer and enforce this
25chapter and its responsibilities under chapter 272C, subject to
26the superintendent’s director’s supervision and authority under
27section 543D.23. The board shall consider and may incorporate
28any standards required or recommended by the appraisal
29foundation or by a federal agency with regulatory authority
30over appraisal standards or the certification of appraisers for
31federally related transactions.
32 Sec. 1674. Section 543D.6, subsection 2, Code 2023, is
33amended to read as follows:
342. All fees collected by the board shall be deposited into
35the department of commerce revolving fund created in section
-1018-1546.12 and are appropriated to the superintendent director on
2behalf of the board to be used to administer this chapter,
3including but not limited to purposes such as examinations,
4investigations, and administrative staffing. Notwithstanding
5section 8.33, moneys retained by the superintendent director
6 pursuant to this section are not subject to reversion to the
7general fund of the state. However, the appraisal management
8company national registry fees the board collects on behalf of
9the appraisal subcommittee as defined in section 543E.3 shall
10be transmitted to the appraisal subcommittee in accordance with
11federal laws and regulations.
12 Sec. 1675. Section 543D.23, Code 2023, is amended to read
13as follows:
14543D.23 Superintendent Director supervision and authority.
151. The superintendent director shall supervise the
16board and manage the board’s budget and retained fees.
17The superintendent director may exercise all authority
18conferred upon the board under this chapter and shall have
19access to all records and information to which the board
20has access. In supervising the board, the superintendent
21 director shall independently evaluate the substantive merits
22of actions recommended or proposed by the board which may
23be anticompetitive and shall have the authority to review,
24approve, modify, or reject all board actions including but not
25limited to those taken in connection with any of the following:
26a. Initial or reciprocal certification of real estate
27appraisers, registration of associate real estate appraisers,
28and temporary practice permits.
29b. Disciplinary investigations and proceedings.
30c. Investigations and proceedings under section 543D.21.
31d. Rulemaking under chapter 17A, including orders on
32petitions for rulemaking.
33e. Orders on petitions for declaratory orders or waivers.
342. A person aggrieved by any final action of the board taken
35under this chapter shall not have exhausted administrative
-1019-1remedies until the person has appealed the action to the
2superintendent director and the superintendent director has
3issued a final decision or order.
43. The superintendent director shall adopt rules to
5implement this section.
6 Sec. 1676. Section 543E.3, subsection 1, Code 2023, is
7amended by striking the subsection.
8 Sec. 1677. Section 543E.3, subsection 8, Code 2023, is
9amended to read as follows:
108. “Appraiser panel” means a network, list, or roster of
11certified appraisers who are independent contractors with
12an appraisal management company and who have been selected
13and approved by the appraisal management company to perform
14appraisals directly for the appraisal management company or
15for persons that have ordered appraisals through the appraisal
16management company. Appraisers on an appraisal management
17company’s appraiser panel may include both appraisers engaged
18to perform one or more appraisals for covered transactions or
19for secondary mortgage market participants in connection with
20covered transactions, and appraisers accepted by the appraisal
21management company for consideration for future appraisal
22assignments for such purposes, as the administrator director
23 may further provide by rule.
24 Sec. 1678. Section 543E.3, Code 2023, is amended by adding
25the following new subsection:
26 NEW SUBSECTION. 13A. “Director” means the director of
27the department of inspections, appeals, and licensing or the
28director’s designee.
29 Sec. 1679. Section 543E.4, Code 2023, is amended to read as
30follows:
31543E.4 Registration required.
32A person shall not directly or indirectly engage in or
33attempt to engage in business as an appraisal management
34company or advertise or hold itself out as engaging in or
35conducting business as an appraisal management company in
-1020-1this state without first registering with the administrator
2 director.
3 Sec. 1680. Section 543E.6, subsection 2, Code 2023, is
4amended to read as follows:
52. A person who directly or indirectly owns more than
6ten percent of an appraisal management company in this
7state shall be of good moral character, as prescribed by
8rules adopted by the administrator director consistent with
9applicable federal law and regulations, and shall submit to a
10background investigation, as prescribed by rules adopted by the
11administrator director consistent with applicable federal law
12and regulations.
13 Sec. 1681. Section 543E.7, subsections 1 and 3, Code 2023,
14are amended to read as follows:
151. An appraisal management company registered or applying
16for registration in this state shall designate a controlling
17person who shall be the main contact for all communications
18between the administrator director and the appraisal management
19company, and who shall be responsible for assuring the
20appraisal management company complies with the provisions of
21this chapter when performing appraisal management services in
22connection with real estate located in this state.
233. The designated controlling person shall be of good moral
24character, as prescribed by rules adopted by the administrator
25 director consistent with applicable federal law and
26regulations, and shall submit to a background investigation,
27as prescribed by rules adopted by the administrator director
28 consistent with applicable federal law and regulations.
29 Sec. 1682. Section 543E.8, subsection 1, Code 2023, is
30amended to read as follows:
311. An application for registration as an appraisal
32management company shall be submitted on a form prescribed by
33the administrator director.
34 Sec. 1683. Section 543E.8, subsection 2, paragraphs b, c,
35and f, Code 2023, are amended to read as follows:
-1021- 1b. The names and contact information for all persons
2who directly or indirectly own more than ten percent of the
3applicant and for the controlling person designated pursuant
4to section 543E.7, and such additional information the
5administrator director may need to enforce section 543E.6,
6subsection 1.
7c. Information as reasonably necessary to establish the size
8of the applicant’s nationwide and Iowa appraiser panels, in
9accordance with rules adopted by the administrator director.
10f. Any additional information that is reasonably needed
11for the administrator director to implement the provisions of
12this chapter and assure that the applicant is eligible for
13registration under this chapter.
14 Sec. 1684. Section 543E.9, Code 2023, is amended to read as
15follows:
16543E.9 Registration renewal.
171. A registration issued under this chapter shall be valid
18for one year as provided by rule.
192. An application to renew registration shall be submitted
20in the form and in the manner prescribed by the administrator
21 director. The administrator director may further require
22periodic disclosures of changes impacting registration, such as
23a change in ownership or the designated controlling person.
243. An application to renew registration shall contain the
25information described in section 543E.8, subsection 2.
264. A registration issued under this chapter shall lapse if
27not timely renewed, in accordance with rules adopted by the
28administrator director.
295. A person holding a lapsed registration shall not directly
30or indirectly engage in or attempt to engage in business as an
31appraisal management company or advertise or hold itself out as
32engaging in or conducting business as an appraisal management
33company in this state until the registration has been
34reinstated under the process prescribed by the administrator
35 director by rule.
-1022-1 Sec. 1685. Section 543E.10, Code 2023, is amended to read
2as follows:
3543E.10 Fees.
41. The administrator director shall by rule establish fees
5for registration, renewal, reinstatement, and such additional
6fees as are reasonably necessary for the administration of this
7chapter. The fees shall be established in consideration of
8the costs of administering this chapter and the actual cost
9of the specific service to be provided or performed. The
10administrator director shall periodically review and adjust the
11schedule of fees as needed to cover projected expenses.
122. Except as provided in subsection 3, all fees collected
13under this chapter shall be deposited into the department of
14 commerce revolving fund created in section 546.12 and are
15appropriated to the administrator director to be used to
16administer this chapter including but not limited to purposes
17such as examinations, investigations, and administrative
18staffing. Notwithstanding section 8.33, moneys appropriated
19pursuant to this subsection are not subject to reversion to the
20general fund of the state.
213. The administrator director shall also collect the
22appraisal management company national registry fee from each
23appraisal management company seeking to register in this state
24and from federally regulated appraisal management companies
25operating in this state. The administrator director shall
26transfer all appraisal management company national registry
27fees collected by the administrator director to the appraisal
28subcommittee.
29 Sec. 1686. Section 543E.12, subsections 3 and 4, Code 2023,
30are amended to read as follows:
313. An appraisal management company that has a reasonable
32basis to believe an appraiser has materially failed to comply
33with the uniform standards of professional appraisal practice
34or has otherwise materially violated chapter 543D or this
35chapter shall refer the matter to the administrator director
-1023-1 in conformance with applicable federal law and regulations.
2An appraisal management company that has a reasonable basis
3to believe another appraisal management company is failing
4to comply with the provisions of this chapter shall refer
5the matter to the administrator director in conformance with
6section 272C.9, subsection 2.
74. An appraiser who is employed by or is on the appraiser
8panel of an appraisal management company registered under this
9chapter who has a reasonable basis to believe the appraisal
10management company is in violation of this chapter shall refer
11the matter to the administrator director.
12 Sec. 1687. Section 543E.13, subsection 1, Code 2023, is
13amended to read as follows:
141. An appraisal management company shall maintain a
15detailed record of each service request the appraisal
16management company receives involving real estate located in
17this state and the identity of the appraiser who performs the
18appraisal assignment. All such records shall be maintained for
19at least five years after the request is sent by the appraisal
20management company to the appraiser or the completion of the
21appraisal report, whichever period expires later. An appraisal
22management company shall maintain such additional records
23regarding appraisal management services performed in this state
24as the administrator director may specify by rule.
25 Sec. 1688. Section 543E.15, subsection 4, Code 2023, is
26amended to read as follows:
274. Remove an appraiser from an appraiser panel without prior
28written notice that identifies the basis for removal. Upon
29request or in conjunction with an examination, an appraisal
30management company shall forward to the administrator director
31 copies of such notices issued to an appraiser located or
32certified in Iowa.
33 Sec. 1689. Section 543E.17, subsection 1, unnumbered
34paragraph 1, Code 2023, is amended to read as follows:
35After notice and hearing, the administrator director may
-1024-1revoke, suspend, or refuse to issue, renew, or reinstate
2a registration; reprimand, censure, or limit the scope of
3practice of any registrant; impose a civil penalty not to
4exceed ten thousand dollars per violation; require remedial
5action; or place any registrant on probation; all with or
6without terms, conditions, or in combinations of remedies, for
7any one or more of the following reasons:
8 Sec. 1690. Section 543E.17, subsection 2, unnumbered
9paragraph 1, Code 2023, is amended to read as follows:
10When determining whether to initiate a disciplinary
11proceeding against an appraisal management company based
12on actions or omissions by an employee, owner, director,
13controlling person, or other agent of the appraisal
14management company, the administrator director shall take into
15consideration all of the following:
16 Sec. 1691. Section 543E.18, Code 2023, is amended to read
17as follows:
18543E.18 Unlawful practice — complaints and investigations —
19remedies and penalties.
201. If, as the result of a complaint or otherwise, the
21administrator director believes that a person has engaged, or
22is about to engage, in an act or practice that constitutes or
23will constitute a violation of this chapter, the administrator
24 director may make application to the district court for an
25order enjoining such act or practice. Upon a showing by the
26administrator director that such person has engaged, or is
27about to engage, in any such act or practice, an injunction,
28restraining order, or other order as may be appropriate shall
29be granted by the district court.
302. The administrator director may investigate a complaint
31or initiate a complaint against a person who is not registered
32under this chapter to determine whether grounds exist to make
33application to the district court pursuant to subsection 1 or
34to issue an order pursuant to subsection 3, and in connection
35with such complaint or investigation may issue subpoenas to
-1025-1compel witnesses to testify or persons to produce evidence
2consistent with the provisions of section 272C.6, subsection
33, as needed to determine whether probable cause exists to
4initiate a proceeding under this section or to make application
5to the district court for an order enjoining a violation of
6this chapter.
73. In addition to or as an alternative to making application
8to the district court for an injunction, the administrator
9 director may issue an order to a person who is not registered
10under this chapter to require compliance with this chapter
11and may impose a civil penalty against such person for any
12violation specified in subsection 4 in an amount up to ten
13thousand dollars for each violation. All civil penalties
14collected pursuant to this section shall be deposited in the
15housing trust fund created in section 16.181. An order issued
16pursuant to this section may prohibit a person from applying
17for registration under this chapter or certification or
18registration under chapter 543D.
194. The administrator director may impose a civil penalty
20against a person who is not registered under this chapter for
21any of the following:
22a. A violation of section 543E.4.
23b. A violation of section 543D.18A, subsection 1.
24c. Fraud, deceit, or deception, through act or omission,
25in connection with an application for registration under this
26chapter.
275. The administrator director, before issuing an order
28under this section, shall provide the person written notice
29and the opportunity to request a hearing. The hearing must
30be requested within thirty days after receipt of the notice
31and shall be conducted in the same manner as provided for
32disciplinary proceedings involving a registrant under this
33chapter.
346. A person aggrieved by the imposition of a civil penalty
35under this section may seek judicial review pursuant to section
-1026-117A.19.
27. If a person fails to pay a civil penalty within thirty
3days after entry of an order imposing the civil penalty, or if
4the order is stayed pending an appeal, within ten days after
5the court enters a final judgment in favor of the administrator
6 director, the administrator director shall notify the attorney
7general. The attorney general may commence an action to
8recover the amount of the penalty, including reasonable
9attorney fees and costs.
108. An action to enforce an order under this section may be
11joined with an action for an injunction.
12 Sec. 1692. Section 543E.19, Code 2023, is amended to read
13as follows:
14543E.19 Surety bond.
151. The administrator director shall require that an
16appraisal management company be covered by a surety bond in the
17amount of twenty-five thousand dollars.
182. The surety bond shall be in a form as prescribed by
19the administrator director. The administrator director may,
20pursuant to rule, determine requirements for such surety
21bonds as are necessary to accomplish the purposes of this
22chapter. The requirements for a surety bond shall only relate
23to liabilities, damages, losses, or claims arising out of
24the appraisal management services performed by the appraisal
25management company involving real estate located in this state.
26The bond shall provide that a person having a claim against an
27appraisal management company may bring suit directly on the
28bond or the administrator director may bring suit on behalf of
29such person.
30 Sec. 1693. Section 543E.20, subsections 1, 3, 4, and 5, Code
312023, are amended to read as follows:
321. The administrator director is vested with broad
33administrative authority to administer, interpret, and enforce
34this chapter and to promulgate rules implementing this chapter.
353. The administrator director may conduct periodic
-1027-1examinations of applicants or registrants under this chapter as
2reasonably necessary to assure compliance with all or specific
3provisions of this chapter. All papers, documents, examination
4reports, and other records relating to such examinations shall
5be confidential as provided in section 272C.6, subsection 4,
6except as provided in this section.
74. The administrator director may adopt rules governing
8an appraiser’s use of associate real estate appraisers while
9performing appraisal assignments subject to this chapter.
10Associate real estate appraisers may provide appraisal services
11under the supervision of a certified appraiser as provided
12in chapter 543D and associated rules, but shall not be on an
13appraiser panel of an appraisal management company.
145. The administrator director may require a national
15criminal history check through the federal bureau of
16investigation or, if authorized by federal law or regulation,
17the nationwide mortgage licensing system and registry,
18as defined in section 535D.3, when conducting background
19investigations under this chapter. Except as inconsistent with
20the registry, the following shall apply:
21a. The administrator director may require owners and
22controlling persons who are subject to the background
23investigation provisions of sections 543E.6 and 543E.7 to
24provide a full set of fingerprints, in a form and manner
25prescribed by the administrator director. Such fingerprints,
26if required, shall be submitted to the federal bureau of
27investigation through the state criminal history repository for
28purposes of the national criminal history check.
29b. The administrator director may also request and obtain,
30notwithstanding section 692.2, subsection 5, criminal history
31data for owners and controlling persons who are subject to the
32background investigation provisions of sections 543E.6 and
33543E.7. A request for criminal history data shall be submitted
34to the department of public safety, division of criminal
35investigation, pursuant to section 692.2, subsection 1.
-1028- 1c. The administrator director shall inform such owners and
2controlling persons of the requirement of a national criminal
3history check or request for criminal history data and obtain
4a signed waiver from the applicant, certificate holder, or
5registrant prior to requesting the check or data.
6d. The administrator director may, in addition to any other
7fees, charge and collect such amounts as may be incurred by the
8administrator director, the department of public safety, or the
9federal bureau of investigation in obtaining criminal history
10information. Amounts collected shall be considered repayment
11receipts as defined in section 8.2.
12e. Criminal history data and other criminal history
13information relating to affected owners or controlling persons,
14or their appraisal management companies obtained by the
15administrator director pursuant to this section shall remain
16confidential. Such information may, however, be used by the
17administrator director in a registration denial, enforcement,
18or disciplinary proceeding.
19 Sec. 1694. Section 543E.20, subsection 2, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21In addition to the duties and powers conferred upon the
22administrator director in this chapter, the administrator
23 director shall have the authority to adopt such rules as are
24reasonably necessary to assure the administrator’s director’s
25 registration and supervision of appraisal management companies
26comply with the minimum requirements of 12 U.S.C. §3352 and
27related federal laws and regulations, with respect to any of
28the following:
29 Sec. 1695. Section 544A.1, subsection 2, Code 2023, is
30amended to read as follows:
312. The architectural examining board is created within the
32professional licensing and regulation bureau of the banking
33division of the department of commerce inspections, appeals,
34and licensing. The board consists of five members who possess
35a license issued under section 544A.9 and who have been in
-1029-1active practice of architecture for not less than five years,
2the last two of which shall have been in Iowa, and two members
3who do not possess a license issued under section 544A.9
4and who shall represent the general public. Members shall
5be appointed by the governor subject to confirmation by the
6senate.
7 Sec. 1696. Section 544A.5, Code 2023, is amended to read as
8follows:
9544A.5 Duties.
10The architectural examining board shall enforce this
11chapter, shall adopt rules pursuant to chapter 17A for the
12examination of applicants for the license provided by this
13chapter, and shall, after due public notice, hold meetings each
14year for the purpose of examining applicants for licensure
15and the transaction of business pertaining to the affairs of
16the board. Examinations shall be given as often as deemed
17necessary, but not less than annually. Action at a meeting
18shall not be taken without the affirmative votes of a majority
19of the members of the board. The administrator director of the
20professional licensing and regulation bureau of the banking
21division of the department of commerce inspections, appeals,
22and licensing shall hire and provide staff to assist the board
23with implementing this chapter.
24 Sec. 1697. Section 544B.3, subsection 1, Code 2023, is
25amended to read as follows:
261. A landscape architectural examining board is created
27within the professional licensing and regulation bureau of the
28banking division of the department of commerce inspections,
29appeals, and licensing. The board consists of five members
30who are professional landscape architects and two members
31who are not professional landscape architects and who shall
32represent the general public. Members shall be appointed by
33the governor, subject to confirmation by the senate. Four of
34the five professional members shall be actively engaged in the
35practice of landscape architecture or the teaching of landscape
-1030-1architecture in an accredited college or university, and shall
2have been so engaged for five years preceding appointment,
3the last two of which shall have been in Iowa. One of the
4five professional members shall be actively engaged in the
5practice of landscape architecture or the teaching of landscape
6architecture in an accredited college or university, and may
7have been so engaged for fewer than five years preceding
8appointment but at least one year preceding appointment.
9Associations or societies composed of professional landscape
10architects may recommend the names of potential board members
11to the governor. However, the governor is not bound by the
12recommendations. A board member shall not be required to be a
13member of any professional association or society composed of
14professional landscape architects.
15 Sec. 1698. Section 544B.5, Code 2023, is amended to read as
16follows:
17544B.5 Duties.
18The board shall enforce this chapter and shall make rules
19for the examination of applicants for licensure. The board
20shall keep a record of its proceedings. The board shall adopt
21an official seal which shall be affixed to all certificates
22of licensure granted. The board may make other rules, not
23inconsistent with law, as necessary for the proper performance
24of its duties. The board shall maintain a roster showing
25the name, place of business, and residence, and the date and
26number of the certificate of licensure of every professional
27landscape architect in this state. The administrator of the
28professional licensing and regulation bureau of the banking
29division director of the department of commerce inspections,
30appeals, and licensing shall hire and provide staff to assist
31the board in implementing this chapter.
32 Sec. 1699. Section 544C.1, subsection 2, Code 2023, is
33amended by striking the subsection and inserting in lieu
34thereof the following:
352. “Department” means the department of inspections,
-1031-1appeals, and licensing.
2 Sec. 1700. Section 544C.2, subsection 1, Code 2023, is
3amended to read as follows:
41. An interior design examining board is established
5within the bureau department. The board consists of seven
6members: five members who are interior designers who are
7registered under this chapter and who have been in the active
8practice of interior design for not less than five years, the
9last two of which shall have been in Iowa; and two members who
10are not registered under this chapter and who shall represent
11the general public. Members shall be appointed by the governor
12subject to confirmation by the senate.
13 Sec. 1701. Section 544C.3, subsection 2, Code 2023, is
14amended to read as follows:
152. The administrator director of the bureau department
16 shall provide staff to assist the board in the implementation
17of this chapter.
18 Sec. 1702. Section 544C.5, unnumbered paragraph 1, Code
192023, is amended to read as follows:
20Each applicant for registration must meet the interior
21design education and practical training requirements adopted by
22rule by the board, and have passed an examination prescribed
23by the board that is task-oriented, focused on public
24safety, and validated by a recognized testing agency. The
25bureau department shall register an individual who submits
26an application to the board on the form and in the manner
27prescribed by the board as a registered interior designer if
28the individual satisfies the following requirements:
29 Sec. 1703. Section 546.3, subsection 2, Code 2023, is
30amended by striking the subsection.
31 Sec. 1704. Section 546.10, Code 2023, is amended to read as
32follows:
33546.10 Professional licensing Licensing and regulation bureau
34— superintendent of banking of business and commerce-related
35professions.
-1032- 11. a. The professional licensing and regulation bureau of
2the banking division department shall administer and coordinate
3the licensing and regulation of several professions by bringing
4together the following licensing boards:
5a. (1) The engineering and land surveying examining board
6created pursuant to chapter 542B.
7b. (2) The Iowa accountancy examining board created
8pursuant to chapter 542.
9c. (3) The real estate commission created pursuant to
10chapter 543B.
11(4) The real estate appraiser examining board created
12pursuant to chapter 543D.
13d. (5) The architectural examining board created pursuant
14to chapter 544A.
15e. (6) The landscape architectural examining board created
16pursuant to chapter 544B.
17f. (7) The interior design examining board created pursuant
18to chapter 544C.
19b. The director shall administer chapter 543E.
202. The bureau is headed by the administrator of professional
21licensing and regulation who shall be the superintendent
22of banking. The administrator director shall appoint and
23supervise staff and shall coordinate activities for the
24licensing boards within the bureau department pursuant to
25subsection 1 and for the administration of chapter 543E.
263. a. The licensing and regulation examining boards
27included in the bureau pursuant to subsection 1 retain the
28powers granted them pursuant to the chapters in which they
29are created, except for budgetary and personnel matters which
30shall be handled by the administrator director. Each licensing
31board shall adopt rules pursuant to chapter 17A. Decisions by
32a licensing board are final agency actions for purposes of
33chapter 17A.
34b. Notwithstanding subsection 5, eighty-five percent of the
35funds received annually resulting from an increase in licensing
-1033-1fees implemented on or after April 1, 2002, by a licensing
2board or commission listed in subsection 1, paragraph “a”,
3subparagraphs (1), (2), (3), (5), (6), and (7), is appropriated
4to the professional licensing and regulation bureau department
5 to be allocated to the board or commission for the fiscal
6year beginning July 1, 2002, and succeeding fiscal years, for
7purposes related to the duties of the board or commission,
8including but not limited to additional full-time equivalent
9positions. In addition, notwithstanding subsection 5,
10twenty-five dollars from each real estate salesperson’s license
11fee and each broker’s license fee received pursuant to section
12543B.14 is appropriated to the professional licensing and
13regulation bureau department for the purpose of hiring and
14compensating a real estate education director and regulatory
15compliance personnel. The director of the department of
16administrative services shall draw warrants upon the treasurer
17of state from the funds appropriated as provided in this
18section and shall make the funds available to the professional
19licensing and regulation bureau department on a monthly basis
20during each fiscal year.
214. The professional licensing and regulation bureau of
22the banking division of the department of commerce may expend
23additional funds, including funds for additional personnel, if
24those additional expenditures are directly the cause of actual
25examination expenses exceeding funds budgeted for examinations.
26Before the bureau department expends or encumbers an amount in
27excess of the funds budgeted for examinations, the director of
28the department of management shall approve the expenditure or
29encumbrance. Before approval is given, the director of the
30department of management shall determine that the examination
31expenses exceed the funds budgeted by the general assembly to
32the bureau department and the bureau department does not have
33other funds from which the expenses can be paid. Upon approval
34of the director of the department of management, the bureau
35 department may expend and encumber funds for excess examination
-1034-1expenses. The amounts necessary to fund the examination
2expenses shall be collected as fees from additional examination
3applicants and shall be treated as repayment receipts as
4defined in section 8.2, subsection 8.
55. Fees collected under chapters 542, 542B, 543B, 544A,
6544B, and 544C shall be paid to the treasurer of state and
7credited to the general fund of the state. All expenses
8required in the discharge of the duties and responsibilities
9imposed upon the professional licensing and regulation bureau
10of the banking division of the department of commerce, the
11administrator director, and the licensing boards by the laws
12of this state shall be paid from moneys appropriated by the
13general assembly for those purposes. All fees deposited into
14the general fund of the state, as provided in this subsection,
15shall be subject to the requirements of section 8.60.
166. The licensing boards included in the bureau department
17 pursuant to subsection 1 may refuse to issue or renew a license
18to practice a profession to any person otherwise qualified
19upon any of the grounds for which a license may be revoked
20or suspended or a licensee may otherwise be disciplined, or
21upon any other grounds set out in the chapter governing the
22respective board.
237. The licensing boards included in the bureau department
24 pursuant to subsection 1 may suspend, revoke, or refuse to
25issue or renew a license, or may discipline a licensee based
26upon a suspension, revocation, or other disciplinary action
27taken by a licensing authority in this or another state,
28territory, or country. For purposes of this subsection,
29“disciplinary action” includes the voluntary surrender of
30a license to resolve a pending disciplinary investigation
31or proceeding. A certified copy of the record or order
32of suspension, revocation, voluntary surrender, or other
33disciplinary action is prima facie evidence of such fact.
348. Notwithstanding any other provision of law to the
35contrary, the licensing boards included within the bureau
-1035-1 department pursuant to subsection 1 may by rule establish the
2conditions under which an individual licensed in a different
3jurisdiction may be issued a reciprocal or comity license, if,
4in the board’s discretion, the applicant’s qualifications for
5licensure are substantially equivalent to those required of
6applicants for initial licensure in this state.
79. Notwithstanding section 272C.6, the licensing boards
8included within the bureau department pursuant to subsection
91 may by rule establish the conditions under which the board
10may supply to a licensee who is the subject of a disciplinary
11complaint or investigation, prior to the initiation of a
12disciplinary proceeding, all or such parts of a disciplinary
13complaint, disciplinary or investigatory file, report, or other
14information, as the board in its sole discretion believes would
15aid the investigation or resolution of the matter.
1610. Notwithstanding section 17A.6, subsection 2, the
17licensing boards included within the bureau department pursuant
18to subsection 1 may adopt standards by reference to another
19publication without providing a copy of the publication to the
20administrative code editor if the publication containing the
21standards is readily accessible on the internet at no cost and
22the internet site at which the publication may be found is
23included in the administrative rules that adopt the standard.
2411. Renewal periods for all licenses and certificates of the
25licensing boards included within the bureau department pursuant
26to subsection 1 may be annual or multiyear, as provided by
27rule.
2812. A quorum of a licensing board included within the
29bureau department pursuant to subsection 1 shall be a majority
30of the members of the board and action may be taken upon a
31majority vote of board members present at a meeting who are not
32disqualified.
33 Sec. 1705. Section 710A.7, Code 2023, is amended to read as
34follows:
35710A.7 Peace officer referral.
-1036- 1If during the course of an investigation or prosecution
2under this chapter a peace officer has reason to believe that
3a person who purports to be licensed pursuant to chapter 152C
4or 157 does not possess a valid license or is in violation of
5any other state or federal laws, the peace officer may report
6such noncompliance to the appropriate licensing board under
7the professional licensure division within the department of
8public health inspections, appeals, and licensing, and to the
9appropriate state or federal authorities.
10 Sec. 1706. Section 727.2, subsection 2, paragraph b,
11subparagraph (2), Code 2023, is amended to read as follows:
12(2) A person who uses or explodes display fireworks while
13the use of such devices is suspended by an order of the state
14fire marshal director of the department of inspections,
15appeals, and licensing pursuant to section 10A.511, subsection
166, commits a simple misdemeanor, punishable by a fine of not
17less than two hundred fifty dollars.
18 Sec. 1707. Section 727.2, subsection 3, paragraph c,
19subparagraph (2), Code 2023, is amended to read as follows:
20(2) A person who uses or explodes consumer fireworks or
21novelties while the use of such devices is suspended by an
22order of the state fire marshal director of the department
23of inspections, appeals, and licensing pursuant to section
2410A.511, subsection 6, commits a simple misdemeanor, punishable
25by a fine of not less than two hundred fifty dollars.
26 Sec. 1708. Section 904.318, subsection 2, Code 2023, is
27amended to read as follows:
282. The state fire marshal director of the department
29of inspections, appeals, and licensing or the director’s
30designee shall cause an annual inspection to be made of all the
31institutions listed in section 904.102 and shall make a written
32report of the inspection to the director.
33 Sec. 1709. REPEAL. Sections 100D.8 and 100D.9, Code 2023,
34are repealed.
35 Sec. 1710. 2015 Iowa Acts, chapter 138, section 97, is
-1037-1amended to read as follows:
2SEC. 97. RESIDENTIAL SWIMMING POOLS — PRIVATE SWIMMING
3LESSONS. Notwithstanding any provision of law to the contrary,
4the department of public health inspections, appeals, and
5licensing shall require that a residential swimming pool used
6for private swimming lessons for up to two hundred seven hours
7in a calendar month, or the number of hours prescribed by local
8ordinance applicable to such use of a residential swimming
9pool, whichever is greater, be regulated as a residential
10swimming pool used for commercial purposes pursuant to chapter
11135I. The department of public health may adopt rules to
12implement this section.
13 Sec. 1711. CODE EDITOR DIRECTIVE.
141. The Code editor is directed to make the following
15transfers:
16a. Section 100.11 to section 10A.513.
17b. Section 100.12 to section 10A.514.
18c. Section 100.13 to section 10A.515.
19d. Section 100.14 to section 10A.516.
20e. Section 100.16 to section 10A.517.
21f. Section 100.18 to section 10A.518.
22g. Section 100.19 to section 10A.519.
23h. Section 100.19A to section 10A.520.
24i. Section 100.26 to section 10A.521.
25j. Section 100.31 to section 10A.522.
26k. Section 100.35 to section 10A.523.
27l. Section 100.38 to section 10A.525.
28m. Section 100.39 to section 10A.524.
29n. Section 135.11A to section 10A.503.
30o. Section 135.11B to section 10A.504.
31p. Section 135.31 to section 10A.505.
32q. Section 135.37 to section 10A.531.
33r. Section 135.37A to section 10A.532.
34s. Section 135.105A to section 10A.902.
35t. Section 135.105C to section 10A.903.
-1038- 1u. Section 546.10 to section 10A.506.
22. The Code editor is directed to rename article V of
3chapter 10A as subchapter V and designate parts as follows:
4a. Subchapter V shall be entitled “Licensing and
5Regulation” and include sections 10A.501 through 10A.534.
6b. Subchapter V, part 1, shall be entitled “General
7Provisions” and include sections 10A.501 through 10A.510.
8c. Subchapter V, part 2, shall be entitled “Fire Control”
9and include sections 10A.511 through 10A.530.
10d. Subchapter V, part 3, shall be entitled “Tattooing and
11Hair Braiding” and include sections 10A.531 through 10A.534.
123. The Code editor is directed to create new subchapter
13IX within chapter 10A which shall be entitled “Lead Abatement
14Program” and include sections 10A.902 and 10A.903.
154. The Code editor may modify subchapter and part titles if
16necessary and is directed to correct internal references in the
17Code as necessary due to enactment of this section.
18administrative law judges
19 Sec. 1712. Section 8A.415, subsection 1, paragraph b, Code
202023, is amended to read as follows:
21b. If not satisfied, the employee may, within thirty
22calendar days following the director’s response, file an
23appeal with the public employment relations board. The
24hearing shall be conducted in accordance with the rules of the
25public employment relations board and the Iowa administrative
26procedure Act, chapter 17A. Decisions rendered shall be based
27upon a standard of substantial compliance with this subchapter
28and the rules of the department. Decisions by the public
29employment relations board constitute final agency action.
30However, if the employee is an administrative law judge
31appointed or employed by the public employment relations board,
32the employee’s appeal shall be heard by an administrative law
33judge employed by the administrative hearings division of the
34department of inspections and appeals in accordance with the
35provisions of section 10A.801, whose decision shall constitute
-1039-1final agency action.
2 Sec. 1713. Section 8A.415, subsection 2, paragraph b, Code
32023, is amended to read as follows:
4b. If not satisfied, the employee may, within thirty
5calendar days following the director’s response, file an appeal
6with the public employment relations board. The employee has
7the right to a hearing closed to the public, unless a public
8hearing is requested by the employee. The hearing shall
9otherwise be conducted in accordance with the rules of the
10public employment relations board and the Iowa administrative
11procedure Act, chapter 17A. If the public employment relations
12board finds that the action taken by the appointing authority
13was for political, religious, racial, national origin, sex,
14age, or other reasons not constituting just cause, the employee
15may be reinstated without loss of pay or benefits for the
16elapsed period, or the public employment relations board may
17provide other appropriate remedies. Decisions by the public
18employment relations board constitute final agency action.
19However, if the employee is an administrative law judge
20appointed or employed by the public employment relations board,
21the employee’s appeal shall be heard by an administrative law
22judge employed by the administrative hearings division of the
23department of inspections and appeals in accordance with the
24provisions of section 10A.801, whose decision shall constitute
25final agency action.
26 Sec. 1714. Section 96.6, subsection 3, paragraph b, Code
272023, is amended to read as follows:
28b. Appeals from the initial determination shall be heard by
29an administrative law judge employed by the department division
30of administrative hearings created by section 10A.801. An
31administrative law judge’s decision may be appealed by any
32party to the employment appeal board created in section 10A.601
33or directly to the district court.
34 Sec. 1715. Section 216.15, subsection 3, paragraph a, Code
352023, is amended to read as follows:
-1040- 1a. After the filing of a verified complaint, a true copy
2shall be served within twenty days on the person against whom
3the complaint is filed, except as provided in subsection 4.
4An authorized member of the commission staff shall make a
5prompt investigation and shall issue a recommendation to an
6administrative law judge employed either by the commission or
7 by the division of administrative hearings created by section
810A.801, who shall then issue a determination of probable cause
9or no probable cause.
10 Sec. 1716. Section 256.7, subsection 6, Code 2023, is
11amended to read as follows:
126. Hear appeals of persons aggrieved by decisions of boards
13of directors of school corporations under chapter 290 and
14other appeals prescribed by law. The state board may review
15the record and shall review the decision of the director of
16the department of education or the administrative law judge
17employed by the division of administrative hearings created
18by section 10A.801 and designated for any appeals heard and
19decided by the director under chapter 290, and may affirm,
20modify, or vacate the decision, or may direct a rehearing
21before the director.
22 Sec. 1717. Section 256B.6, subsection 4, Code 2023, is
23amended to read as follows:
244. Notwithstanding section 17A.11, the state board
25of education shall adopt rules for the appointment of an
26impartial administrative law judge employed by the division
27of administrative hearings created by section 10A.801 for
28special education appeals. The rules shall comply with federal
29statutes and regulations.
30 Sec. 1718. Section 272.14, Code 2023, is amended to read as
31follows:
32272.14 Appointment of administrative law judges.
33The board shall maintain a list of qualified persons
34employed by the division of administrative hearings created
35by section 10A.801 and who are experienced in the educational
-1041-1system of this state to serve as administrative law judges when
2a hearing is requested under section 279.24. When requested
3under section 279.24, the board shall submit a list of five
4qualified administrative law judges from the list maintained
5by the board to the parties. The parties shall select one of
6the five qualified persons to conduct the hearing as provided
7in section 279.24. The hearing shall be held pursuant to
8the provisions of chapter 17A relating to contested cases.
9The full costs of the hearing shall be shared equally by the
10parties.
11 Sec. 1719. Section 279.24, subsection 5, paragraph c, Code
122023, is amended to read as follows:
13c. Within five days after receipt of the written notice
14that the school board has voted to consider termination of
15the contract, the administrator may request a private hearing
16in writing to the secretary of the school board. The board
17shall then forward the notification to the board of educational
18examiners along with a request that the board of educational
19examiners submit a list of five qualified administrative law
20judges who are employed by the division of administrative
21hearings created by section 10A.801 to the parties. Within
22three days from receipt of the list the parties shall select an
23administrative law judge by alternately removing a name from
24the list until only one name remains. The person whose name
25remains shall be the administrative law judge. The parties
26shall determine by lot which party shall remove the first name
27from the list. The private hearing shall be held no sooner
28than twenty days and not later than forty days following the
29administrator’s request unless the parties otherwise agree.
30If the administrator does not request a private hearing,
31the school board, not later than May 31, may determine the
32continuance or discontinuance of the contract and, if the
33board determines to continue the administrator’s contract,
34whether to suspend the administrator with or without pay for a
35period specified by the board. School board action shall be by
-1042-1majority roll call vote entered on the minutes of the meeting.
2Notice of school board action shall be personally delivered or
3mailed to the administrator.
4civil rights commission
5 Sec. 1720. Section 216.3, subsection 1, Code 2023, is
6amended to read as follows:
71. The Iowa state civil rights commission shall consist
8 is created within the department of inspections, appeals, and
9licensing consisting of seven members appointed by the governor
10subject to confirmation by the senate. Appointments shall be
11made to provide geographical area representation insofar as
12practicable. No more than four members of the commission shall
13belong to the same political party. Members appointed to the
14commission shall serve for four-year staggered terms beginning
15and ending as provided by section 69.19.
16conforming changes
17 Sec. 1721. Section 8A.412, subsection 19, Code 2023, is
18amended to read as follows:
1919. The superintendent of the banking division of the
20department of commerce, all members of the state banking
21council, and all employees of the banking division except for
22employees of the professional licensing and regulation bureau
23of the division.
24 Sec. 1722. Section 8A.457, Code 2023, is amended to read as
25follows:
268A.457 Workers’ compensation claims.
27The director shall employ appropriate staff to handle and
28adjust claims of state employees for workers’ compensation
29benefits pursuant to chapter 10A, subchapter III, and
30 chapters 85, 85A, and 85B, and 86, or, with the approval of
31the executive council, contract for the services or purchase
32workers’ compensation insurance coverage for state employees or
33selected groups of state employees. A state employee workers’
34compensation fund is created in the state treasury under the
35control of the department to pay state employee workers’
-1043-1compensation claims and administrative costs. The department
2shall establish a rating formula and assess premiums to all
3agencies, departments, and divisions of the state including
4those which have not received an appropriation for the payment
5of workers’ compensation insurance and which operate from
6moneys other than from the general fund of the state. The
7department shall collect the premiums and deposit them into the
8state employee workers’ compensation fund. Notwithstanding
9section 8.33, moneys deposited in the state employee workers’
10compensation fund shall not revert to the general fund of the
11state at the end of any fiscal year, but shall remain in the
12state employee workers’ compensation fund and be continuously
13available to pay state employee workers’ compensation claims.
14The director may, to the extent practicable, contract with
15a private organization to handle the processing and payment
16of claims and services rendered under the provisions of this
17section.
18 Sec. 1723. Section 8A.504, subsection 3, Code 2023, is
19amended to read as follows:
203. In the case of multiple claims to payments filed
21under this section, priority shall be given to claims filed
22by the child support recovery unit services or the foster
23care recoveryunit services, next priority shall be given to
24claims filed by the clerk of the district court, next priority
25shall be given to claims filed by the college student aid
26commission, next priority shall be given to claims filed by
27the investigations division of the department of inspections,
28 and appeals, and licensing relating to investigations by the
29department, and last priority shall be given to claims filed by
30other public agencies. In the case of multiple claims in which
31the priority is not otherwise provided by this subsection,
32priority shall be determined in accordance with rules to be
33established by the director.
34 Sec. 1724. Section 8A.512, subsection 1, paragraph b,
35subparagraph (1), Code 2023, is amended to read as follows:
-1044- 1(1) Claims by state employees for benefits pursuant to
2chapter 10A, subchapter III, and chapters 85, 85A, and 85B, and
386 are subject to limitations provided in those chapters.
4 Sec. 1725. Section 13B.1, subsection 3, Code 2023, is
5amended to read as follows:
63. “Department” means the department of inspections, and
7 appeals, and licensing.
8 Sec. 1726. Section 13B.2, Code 2023, is amended to read as
9follows:
1013B.2 Position established.
11The position of state public defender is established within
12the department of inspections, and appeals, and licensing. The
13governor shall appoint the state public defender, who shall
14serve at the pleasure of the governor, subject to confirmation
15by the senate, no less frequently than once every four years,
16whether or not there has been a new state public defender
17appointed during that time, and shall establish the state
18public defender’s salary.
19 Sec. 1727. Section 13B.6, subsection 2, Code 2023, is
20amended to read as follows:
212. The department of inspections, and appeals, and
22licensing shall provide internal accounting and related fiscal
23services for the state public defender.
24 Sec. 1728. Section 15.108, subsection 7, paragraph f, Code
252023, is amended to read as follows:
26f. To the extent feasible, cooperate with the department of
27workforce development and the division of workers’ compensation
28of the department of inspections, appeals, and licensing to
29establish a program to educate existing employers and new or
30potential employers on the rates and workings of the state
31unemployment compensation program and the state workers’
32compensation program.
33 Sec. 1729. Section 15E.208, subsection 4, paragraph b, Code
342023, is amended to read as follows:
35b. An agricultural products processor, if the processor or
-1045-1a person owning a controlling interest in the processor has
2demonstrated, within the most recent consecutive three-year
3period prior to the application for financing, a continuous and
4flagrant disregard for the health and safety of its employees
5or the quality of the environment. Violations of environmental
6protection statutes, rules, or regulations shall be reported
7for the most recent five-year period prior to application.
8Evidence of such disregard shall include a history of serious
9or uncorrected violations of state or federal law protecting
10occupational health and safety or the environment, including
11but not limited to serious or uncorrected violations of
12occupational safety and health standards enforced by the
13division of labor services of the department of workforce
14development inspections, appeals, and licensing pursuant to
15chapter 84A 10A, or rules enforced by the department of natural
16resources pursuant to chapter 455B or 459, subchapters II and
17III.
18 Sec. 1730. Section 17A.11, subsection 1, paragraph c, Code
192023, is amended to read as follows:
20c. For purposes of paragraph “a”, the division of
21administrative hearings established in section 10A.801 shall
22be treated as a wholly separate agency from the department of
23inspections, and appeals, and licensing.
24 Sec. 1731. Section 35D.15, subsection 2, paragraph c,
25subparagraph (2), subparagraph divisions (c), (d), and (e),
26Code 2023, are amended to read as follows:
27(c) If the member is not satisfied with the decision of the
28commission, the member may appeal the commission’s decision
29by filing an appeal with the department of inspections, and
30 appeals, and licensing within five calendar days of being
31notified in writing of the commission’s decision.
32(d) The department of inspections, and appeals, and
33licensing shall render a decision on the appeal of the
34commission’s decision and notify the member of the decision,
35in writing, within fifteen calendar days of the filing of the
-1046-1appeal with the department.
2(e) The maximum time period that shall elapse between
3receipt by the member of the discharge notice and actual
4discharge shall not exceed fifty-five days, which includes the
5thirty-day discharge notice period and any time during which
6any appeals to the commission or the department of inspections,
7 and appeals, and licensing are pending.
8 Sec. 1732. Section 35D.15, subsection 2, paragraph c,
9subparagraph (3), Code 2023, is amended to read as follows:
10(3) If a member is not satisfied with the decision of the
11department of inspections, and appeals, and licensing, the
12member may seek judicial review in accordance with chapter 17A.
13A member’s discharge under this subsection shall be stayed
14while judicial review is pending.
15 Sec. 1733. Section 35D.15, subsection 2, paragraph f, Code
162023, is amended to read as follows:
17f. Any involuntary discharge by the commandant under
18this subsection shall comply with the rules adopted by the
19commission under this subsection and by the department of
20inspections, and appeals, and licensing pursuant to section
21135C.14, subsection 8, paragraph “f”.
22 Sec. 1734. Section 53.8, subsection 3, paragraph a, Code
232023, is amended to read as follows:
24a. When an application for an absentee ballot is received
25by the commissioner of any county from a registered voter who
26is a patient in a hospital in that county, a tenant of an
27assisted living program in that county as shown by the list
28of certifications provided the commissioner under section
29231C.21, or a resident of any facility in that county shown to
30be a health care facility by the list of licenses provided the
31commissioner under section 135C.29, the absentee ballot shall
32be delivered to the voter and returned to the commissioner in
33the manner prescribed by section 53.22. For purposes of this
34paragraph, “assisted living program” means a program certified
35pursuant to section 231C.3 that meets the standards for a
-1047-1dementia-specific assisted living program, as established
2by rule by the department of inspections, and appeals, and
3licensing.
4 Sec. 1735. Section 53.22, subsection 1, Code 2023, is
5amended to read as follows:
61. For purposes of this section, “assisted living program”
7means a program certified pursuant to section 231C.3 that meets
8the standards for a dementia-specific assisted living program,
9as established by rule by the department of inspections, and
10 appeals, and licensing.
11 Sec. 1736. Section 68B.2, subsection 23, Code 2023, is
12amended to read as follows:
1323. “Regulatory agency” means the department of agriculture
14and land stewardship, department of workforce development,
15department of commerce, Iowa department of public health,
16department of public safety, department of education, state
17board of regents, department of human services, department of
18revenue, department of inspections, and appeals, and licensing,
19 department of administrative services, public employment
20relations board, state department of transportation, civil
21rights commission, department of public defense, department of
22homeland security and emergency management, Iowa ethics and
23campaign disclosure board, and department of natural resources.
24 Sec. 1737. Section 73.16, subsection 2, paragraph c,
25subparagraph (1), Code 2023, is amended to read as follows:
26(1) The director of each department and agency of state
27government shall cooperate with the director of the department
28of inspections, and appeals, and licensing, the director of
29the economic development authority, and the director of the
30department of management and do all acts necessary to carry out
31the provisions of this subchapter.
32 Sec. 1738. Section 80.15, subsection 2, Code 2023, is
33amended to read as follows:
342. During the period of twelve months after appointment, a
35peace officer of the department is subject to dismissal at the
-1048-1will of the commissioner. After the twelve months’ service,
2a peace officer of the department, who was appointed after
3having passed the examinations, is not subject to dismissal,
4suspension, disciplinary demotion, or other disciplinary action
5resulting in the loss of pay unless charges have been filed
6with the department of inspections, and appeals, and licensing
7 and a hearing held by the employment appeal board created by
8section 10A.601, if requested by the peace officer, at which
9the peace officer has an opportunity to present a defense
10to the charges. The decision of the appeal board is final,
11subject to the right of judicial review in accordance with
12the terms of the Iowa administrative procedure Act, chapter
1317A. However, these procedures as to dismissal, suspension,
14demotion, or other discipline do not apply to a peace officer
15who is covered by a collective bargaining agreement which
16provides otherwise, and do not apply to the demotion of a
17division head to the rank which the division head held at the
18time of appointment as division head, if any. A division head
19who is demoted has the right to return to the rank which the
20division head held at the time of appointment as division head,
21if any.
22 Sec. 1739. Section 84A.5, subsection 6, Code 2023, is
23amended to read as follows:
246. The director of the department of workforce development
25shall form a coordinating committee composed of the director
26of the department of workforce development, the labor
27commissioner, the workers’ compensation commissioner, and
28other administrators. The committee shall monitor federal
29compliance issues relating to coordination of functions among
30the divisions within the department.
31 Sec. 1740. Section 85.3, subsection 2, Code 2023, is amended
32to read as follows:
332. Any employer who is a nonresident of this state, for whom
34services are performed within this state by any employee, is
35deemed to be doing business in this state by virtue of having
-1049-1such services performed and the employer and employee shall
2be subject to the jurisdiction of the workers’ compensation
3commissioner and to all of the provisions of chapter 10A,
4subchapter III, this chapter, and chapters 85A, 85B, 86, and
587, as to any and all personal injuries sustained by the
6employee arising out of and in the course of such employment
7within this state. In addition, every corporation, individual,
8personal representative, partnership, or association that has
9the necessary minimum contact with this state shall be subject
10to the jurisdiction of the workers’ compensation commissioner,
11and the workers’ compensation commissioner shall hold such
12corporation, individual, personal representative, partnership,
13or association amenable to suit in this state in every case not
14contrary to the provisions of the Constitution of the United
15States.
16 Sec. 1741. Section 85.3, subsection 3, paragraph b, Code
172023, is amended to read as follows:
18b. In addition to those persons authorized to receive
19personal service as in civil actions as permitted by chapter
2017A and this chapter, such employer shall be deemed to have
21appointed the secretary of state of this state as its lawful
22attorney upon whom may be served or delivered any and all
23notices authorized or required by the provisions of chapter
2410A, subchapter III, this chapter, and chapters 85A, 85B, 86,
25 87, and 17A, and to agree that any and all such services or
26deliveries of notice on the secretary of state shall be of the
27same legal force and validity as if personally served upon or
28delivered to such nonresident employer in this state.
29 Sec. 1742. Section 85.26, subsections 1 and 2, Code 2023,
30are amended to read as follows:
311. An original proceeding for benefits under chapter
3210A, subchapter III, this chapter, or chapter 85A, or 85B,
33or 86, shall not be maintained in any contested case unless
34the proceeding is commenced within two years from the date of
35the occurrence of the injury for which benefits are claimed
-1050-1or, if weekly compensation benefits are paid under section
286.13, within three years from the date of the last payment
3of weekly compensation benefits. For the purposes of this
4section, “date of the occurrence of the injury” means the date
5that the employee knew or should have known that the injury was
6work-related.
72. An award for payments or an agreement for settlement
8provided by section 86.13 for benefits under this chapter or
9chapter 85A or 85B, where the amount has not been commuted,
10may be reviewed upon commencement of reopening proceedings
11by the employer or the employee within three years from the
12date of the last payment of weekly benefits made under the
13award or agreement. If an award for payments or agreement for
14settlement as provided by section 86.13 for benefits under this
15chapter or chapter 85A or 85B has been made and the amount
16has not been commuted, or if a denial of liability is not
17filed with the workers’ compensation commissioner and notice
18of the denial is not mailed to the employee, in the form and
19manner required by the commissioner, within six months of the
20commencement of weekly compensation benefits, the commissioner
21may at any time upon proper application make a determination
22and appropriate order concerning the entitlement of an employee
23to benefits provided for in section 85.27. The failure to
24file a denial of liability does not constitute an admission of
25liability under chapter 10A, subchapter III, this chapter, or
26chapter 85A, or 85B, or 86.
27 Sec. 1743. Section 85.31, subsection 5, Code 2023, is
28amended to read as follows:
295. Except as otherwise provided by treaty, whenever, under
30the provisions of chapter 10A, subchapter III, this chapter,
31 and chapters 86 and chapter 87, compensation is payable to a
32dependent who is an alien not residing in the United States at
33the time of the injury, the employer shall pay fifty percent of
34the compensation herein otherwise provided to such dependent,
35and the other fifty percent shall be paid into the second
-1051-1injury fund in the custody of the treasurer of state. But if
2the nonresident alien dependent is a citizen of a government
3having a compensation law which excludes citizens of the United
4States, either resident or nonresident, from partaking of the
5benefits of such law in as favorable degree as herein extended
6to the nonresident alien, then the compensation which would
7otherwise be payable to the dependent shall be paid into the
8second injury fund in the custody of the treasurer of state.
9 Sec. 1744. Section 85.34, subsections 4, 5, and 7, Code
102023, are amended to read as follows:
114. Credits for excess payments. If an employee is paid
12weekly compensation benefits for temporary total disability
13under section 85.33, subsection 1, for a healing period
14under section 85.34, subsection 1, or for temporary partial
15disability under section 85.33, subsection 2, in excess of that
16required by chapter 10A, subchapter III, this chapter, and
17chapters 85A, and 85B, and 86, the excess paid by the employer
18shall be credited against the liability of the employer for
19any future weekly benefits due for an injury to that employee,
20provided that the employer or the employer’s representative has
21acted in good faith in determining and notifying an employee
22when the temporary total disability, healing period, or
23temporary partial disability benefits are terminated.
245. Recovery of employee overpayment. If an employee is paid
25any weekly benefits in excess of that required by chapter 10A,
26subchapter III, this chapter, and chapters 85A, and 85B, and
2786, the excess paid by the employer shall be credited against
28the liability of the employer for any future weekly benefits
29due pursuant to subsection 2, for any current or subsequent
30injury to the same employee.
317. Successive disabilities. An employer is liable for
32compensating only that portion of an employee’s disability that
33arises out of and in the course of the employee’s employment
34with the employer and that relates to the injury that serves
35as the basis for the employee’s claim for compensation under
-1052- 1chapter 10A, subchapter III, this chapter, or chapter 85A, or
2 85B, or 86. An employer is not liable for compensating an
3employee’s preexisting disability that arose out of and in the
4course of employment from a prior injury with the employer,
5to the extent that the employee’s preexisting disability has
6already been compensated under chapter 10A, subchapter III,
7 this chapter, or chapter 85A, or 85B, or 86. An employer is not
8liable for compensating an employee’s preexisting disability
9that arose out of and in the course of employment with a
10different employer or from causes unrelated to employment.
11 Sec. 1745. Section 85.35, subsections 1 and 10, Code 2023,
12are amended to read as follows:
131. The parties to a contested case or persons who are
14involved in a dispute which could culminate in a contested case
15may enter into a settlement of any claim arising under chapter
1610A, subchapter III, this chapter, or chapter 85A, or 85B, or
1786, providing for disposition of the claim. The settlement
18shall be in writing on forms prescribed by the workers’
19compensation commissioner and submitted to the workers’
20compensation commissioner for approval.
2110. Approval of a settlement by the workers’ compensation
22commissioner is binding on the parties and shall not be
23construed as an original proceeding. Notwithstanding any
24provisions of chapter 10A, subchapter III, this chapter,
25 and chapters 85A, 85B, 86, and 87, an approved compromise
26settlement shall constitute a final bar to any further rights
27arising under chapter 10A, subchapter III, this chapter, and
28chapters 85A, 85B, 86, and 87 regarding the subject matter of
29the compromise and a payment made pursuant to a compromise
30settlement agreement shall not be construed as the payment of
31weekly compensation.
32 Sec. 1746. Section 85.55, subsection 2, unnumbered
33paragraph 1, Code 2023, is amended to read as follows:
34For purposes of chapter 10A, subchapter III, this chapter,
35 and chapters 86 and chapter 87, a franchisor shall not be
-1053-1considered to be an employer of a franchisee or of an employee
2of a franchisee unless any of the following conditions apply:
3 Sec. 1747. Section 85.59, subsection 7, Code 2023, is
4amended to read as follows:
57. Responsibility for the filings required by chapter
686 chapter 10A, subchapter III, for injuries resulting in
7permanent disability or death and as modified by this section
8shall be made in the same manner as for other employees of the
9institution.
10 Sec. 1748. Section 85.60, Code 2023, is amended to read as
11follows:
1285.60 Injuries while in work-based learning opportunity,
13employment training, or evaluation.
14A person participating in a work-based learning opportunity
15referred to in section 85.61, or receiving earnings while
16engaged in employment training or while undergoing an
17employment evaluation under the direction of a rehabilitation
18facility approved for purchase-of-service contracts or for
19referrals by the department of human services or the department
20of education, who sustains an injury arising out of and in the
21course of the work-based learning opportunity participation,
22employment training, or employment evaluation is entitled
23to benefits as provided in chapter 10A, subchapter III,
24 this chapter, chapter 85A, and chapter 85B, and chapter 86.
25Notwithstanding the minimum benefit provisions of this chapter,
26a person referred to in this section and entitled to benefits
27under this chapter is entitled to receive a minimum weekly
28benefit amount for a permanent partial disability under section
2985.34, subsection 2, or for a permanent total disability under
30section 85.34, subsection 3, equal to the weekly benefit amount
31of a person whose gross weekly earnings are thirty-five percent
32of the statewide average weekly wage computed pursuant to
33section 96.3 and in effect at the time of the injury.
34 Sec. 1749. Section 85.61, unnumbered paragraph 1, Code
352023, is amended to read as follows:
-1054- 1In chapter 10A, subchapter III, this chapter, and chapters
286 and chapter 87, unless the context otherwise requires, the
3following definitions of terms shall prevail:
4 Sec. 1750. Section 85.61, subsection 12, paragraph b, Code
52023, is amended to read as follows:
6b. The term “worker” or “employee” shall include the
7singular and plural. Any reference to a worker or employee
8who has been injured shall, when such worker or employee
9is dead, include the worker’s or employee’s dependents as
10defined in this chapter or the worker’s or employee’s legal
11representatives; and where the worker or employee is a minor
12or incompetent, it shall include the minor’s or incompetent
13person’s guardian, next friend, or trustee. Notwithstanding
14any law prohibiting the employment of minors, all minor
15employees shall be entitled to the benefits of chapter 10A,
16subchapter III, this chapter, and chapters 86 and chapter 87
17regardless of the age of such minor employee.
18 Sec. 1751. Section 85.70, subsection 2, paragraph f, Code
192023, is amended to read as follows:
20f. Beginning on or before December 1, 2018, the department
21of workforce development, in cooperation with the department of
22education, the workers’ compensation division of the department
23of inspections, appeals, and licensing, the insurance division
24of the department of commerce, and all community colleges
25that are participating in the new career vocational training
26and education program, shall prepare an annual report for
27submission to the general assembly that provides information
28about the status of the program including but not limited to
29the utilization of and participants in the program, program
30completion rates, employment rates after completion of the
31program and the types of employment obtained by the program
32participants, and the effects of the program on workers’
33compensation premium rates.
34 Sec. 1752. Section 85B.14, Code 2023, is amended to read as
35follows:
-1055- 185B.14 Applicable chapters.
2Chapters Chapter 10A, subchapter III, and chapters 17A,
3 and 85, and 86, so far as applicable, and not inconsistent
4with this chapter, apply in cases of compensable occupational
5hearing loss.
6 Sec. 1753. Section 87.1, subsection 1, Code 2023, is amended
7to read as follows:
81. Every employer subject to the provisions of chapter
910A, subchapter III, this chapter, and chapters 85, 85A, and
10 85B, and 86, unless relieved as hereinafter provided from the
11requirements imposed under chapter 10A, subchapter III, this
12chapter, and chapters 85, 85A, and 85B, and 86, shall insure
13the employer’s liability under chapter 10A, subchapter III,
14 this chapter, and chapters 85, 85A, and 85B, and 86 in some
15corporation, association, or organization approved by the
16commissioner of insurance.
17 Sec. 1754. Section 87.2, subsection 2, Code 2023, is amended
18to read as follows:
192. An employer coming under the provisions of chapter 10A,
20subchapter III, this chapter, and chapters 85, 85A, and 85B,
21and 86 who fails to comply with this section, or to post and
22keep the above notice in the manner and form required, shall be
23guilty of a simple misdemeanor.
24 Sec. 1755. Section 87.6, Code 2023, is amended to read as
25follows:
2687.6 Certificate of approval.
27When such scheme or plan is approved by the workers’
28compensation commissioner, the commissioner shall issue a
29certificate to that effect, whereupon it shall be legal for
30such employer, or group of employers, to contract with any or
31all of the workers of the employer or group of employers to
32substitute such scheme or plan for the provisions relating to
33compensation and insurance during a period of time fixed by
34said department the insurance division of the department of
35insurance and financial services.
-1056-1 Sec. 1756. Section 87.11, subsections 3 and 4, Code 2023,
2are amended to read as follows:
33. a. If an employer becomes insolvent and a debtor under
411 U.S.C., on or after January 1, 1990, the commissioner of
5insurance may request of the workers’ compensation commissioner
6that all future payments of workers’ compensation weekly
7benefits, medical expenses, or other payments pursuant to
8chapter 10A, subchapter III, this chapter, or chapter 85, 85A,
9or 85B, or 86, be commuted to a present lump sum. The workers’
10compensation commissioner shall fix the lump sum of probable
11future medical expenses and weekly compensation benefits, or
12other benefits payable pursuant to chapter 10A, subchapter III,
13 this chapter, or chapter 85, 85A, or 85B, or 86, capitalized
14at their present value upon the basis of interest at the rate
15provided in section 535.3 for court judgments and decrees. The
16commissioner of insurance shall be discharged from all further
17liability for the commuted workers’ compensation claim upon
18payment of the present lump sum to either the claimant, or a
19licensed insurer for purchase of an annuity or other periodic
20payment plan for the benefit of the claimant.
21b. The commissioner of insurance shall not be required to
22pay more for all claims of an insolvent self-insured employer
23than is available for payment of such claims from the security
24given under this section.
254. Notwithstanding contrary provisions of section 85.45,
26any future payment of medical expenses, weekly compensation
27benefits, or other payments by the commissioner of insurance
28from the security given under this section, pursuant to
29chapter 10A, subchapter III, this chapter, or chapter 85, 85A,
30or 85B, or 86, shall be deemed an undue expense, hardship,
31or inconvenience upon the employer for purposes of a full
32commutation pursuant to section 85.45, subsection 1, paragraph
33“b”.
34 Sec. 1757. Section 87.13, Code 2023, is amended to read as
35follows:
-1057- 187.13 Interpretative clause.
2All provisions in chapter 10A, subchapter III, and chapters
385, 85A, 85B, 86, and this chapter relating to compensation
4for injuries sustained arising out of and in the course of
5employment in the operation of coal mines or production of
6coal under any system of removing coal for sale are exclusive,
7compulsory and obligatory upon the employer and employee in
8such employment.
9 Sec. 1758. Section 87.14A, Code 2023, is amended to read as
10follows:
1187.14A Insurance required.
12An employer subject to chapter 10A, subchapter III, this
13chapter, and chapters 85, 85A, and 85B, and 86 shall not
14engage in business without first obtaining insurance covering
15compensation benefits or obtaining relief from insurance as
16provided in this chapter. A person who willfully and knowingly
17violates this section is guilty of a class “D” felony.
18 Sec. 1759. Section 87.21, unnumbered paragraph 1, Code
192023, is amended to read as follows:
20Any employer, except an employer with respect to an exempt
21employee under section 85.1, who has failed to insure the
22employer’s liability in one of the ways provided in this
23chapter, unless relieved from carrying such insurance as
24provided in section 87.11, is liable to an employee for
25a personal injury in the course of and arising out of the
26employment, and the employee may enforce the liability by an
27action at law for damages, or may collect compensation as
28provided in chapter 10A, subchapter III, and chapters 85, 85A,
29and 85B, and 86. In actions by the employee for damages under
30this section, the following rules apply:
31 Sec. 1760. Section 88.1, subsection 3, Code 2023, is amended
32to read as follows:
333. Authorizing the labor commissioner to set mandatory
34occupational safety and health standards applicable to
35businesses, and by providing for an adjudicatory process
-1058-1through the employment appeal board within the department
2of inspections, and appeals, and licensing for carrying out
3adjudicatory functions under this chapter.
4 Sec. 1761. Section 88.2, subsections 1 and 4, Code 2023, are
5amended to read as follows:
61. The labor commissioner, appointed pursuant to section
791.2, and the division of labor services of the department
8of workforce development inspections, appeals, and licensing
9 created in section 84A.1 10A.106 shall administer this chapter.
104. Subject to the approval of the director of the
11department of workforce development inspections, appeals, and
12licensing, the labor commissioner may enter into contracts
13with any state agency, with or without reimbursement, for
14the purpose of obtaining the services, facilities, and
15personnel of the agency, and with the consent of any state
16agency or any political subdivision of the state, accept and
17use the services, facilities, and personnel of the agency or
18political subdivision, and employ experts and consultants or
19organizations, in order to expeditiously, efficiently, and
20economically effectuate the purposes of this chapter. The
21agreements under this subsection are subject to approval of the
22executive council if approval is required by law.
23 Sec. 1762. Section 88A.1, subsections 4 and 6, Code 2023,
24are amended by striking the subsections.
25 Sec. 1763. Section 88A.1, Code 2023, is amended by adding
26the following new subsections:
27 NEW SUBSECTION. 6A. “Department” means the department of
28inspections, appeals, and licensing.
29 NEW SUBSECTION. 6B. “Director” means the director of the
30department of inspections, appeals, and licensing.
31 Sec. 1764. Section 88A.2, Code 2023, is amended to read as
32follows:
3388A.2 Permit required.
341. No amusement device or ride, concession booth, or any
35related electrical equipment shall be operated at a carnival
-1059-1or fair in this state without a permit having been issued by
2the commissioner director to an operator of such equipment. On
3or before the first of May of each year, any person required
4to obtain a permit by this chapter shall apply to the division
5 department for a permit on a form furnished by the commissioner
6 director which form shall contain such information as the
7commissioner director may require. The commissioner director
8 may waive the requirement that an application for a permit
9must be filed on or before the first of May of each year if
10the applicant gives satisfactory proof to the commissioner
11 director that the applicant could not reasonably comply with
12the date requirement and if the applicant immediately applies
13for a permit after the need for a permit is first determined.
14For the purpose of determining if an amusement ride, amusement
15device, concession booth, or any related electrical equipment
16is in safe operating condition and will provide protection
17to the public using such ride, device, booth, or related
18electrical equipment, each amusement ride, amusement device,
19concession booth, or related electrical equipment shall be
20inspected by the commissioner director before it is initially
21placed in operation in this state, and shall thereafter be
22inspected at least once each year.
232. If, after inspection, an amusement device or ride,
24concession booth, or related electrical equipment is found
25to comply with the rules adopted under this chapter, the
26commissioner director shall, upon payment of the permit fee
27and the inspection fee, permit the operation of the amusement
28device or ride or concession booth or to use any related
29electrical equipment.
303. If, after inspection, additions or alterations
31are contemplated which change a structure, mechanism,
32classification, or capacity, the operator shall notify the
33commissioner director of the operator’s intentions in writing
34and provide any plans or diagrams requested by the commissioner
35 director.
-1060-1 Sec. 1765. Section 88A.3, Code 2023, is amended to read as
2follows:
388A.3 Rules.
41. The commissioner director shall adopt rules pursuant to
5chapter 17A for the safe installation, repair, maintenance,
6use, operation, and inspection of amusement devices, amusement
7rides, concession booths, and related electrical equipment at
8carnivals and fairs to the extent necessary for the protection
9of the public. The rules shall be based on generally accepted
10engineering standards and shall be concerned with, but not
11necessarily limited to, engineering force stresses, safety
12devices, and preventive maintenance. If standards are
13available in suitable form, the standards may be incorporated
14by reference. The rules shall provide for the reporting of
15accidents and injuries incurred from the operation of amusement
16devices or rides, concession booths, or related electrical
17equipment.
182. The commissioner director may modify or repeal any rule
19adopted under the provisions of this chapter.
20 Sec. 1766. Section 88A.5, Code 2023, is amended to read as
21follows:
2288A.5 Fees to general fund.
23All fees collected by the division department under
24the provisions of this chapter shall be transmitted to the
25treasurer of state and credited by the treasurer to the general
26fund of the state.
27 Sec. 1767. Section 88A.6, Code 2023, is amended to read as
28follows:
2988A.6 Personnel.
30The commissioner director may employ inspectors and any
31other personnel deemed necessary to carry out the provisions
32of this chapter, subject to the provisions of chapter 8A,
33subchapter IV.
34 Sec. 1768. Section 88A.7, Code 2023, is amended to read as
35follows:
-1061- 188A.7 Cessation order.
2The commissioner director may order, in writing, a temporary
3cessation of operation of any amusement device or ride,
4concession booth, or related electrical equipment if it has
5been determined after inspection to be hazardous or unsafe.
6Operation of the amusement device or ride, concession booth or
7related electrical equipment shall not resume until the unsafe
8or hazardous condition is corrected to the satisfaction of the
9commissioner director.
10 Sec. 1769. Section 88A.8, Code 2023, is amended to read as
11follows:
1288A.8 Judicial review.
13Judicial review of action of the commissioner director
14 may be sought in accordance with the terms of the Iowa
15administrative procedure Act, chapter 17A.
16 Sec. 1770. Section 88A.10, subsections 1 and 2, Code 2023,
17are amended to read as follows:
181. Any person who operates an amusement device or ride,
19concession booth or related electrical equipment at a carnival
20or fair without having obtained a permit from the commissioner
21 director or who violates any order or rule issued by the
22commissioner director under this chapter is guilty of a serious
23misdemeanor.
242. A person who interferes with, impedes, or obstructs in
25any manner the commissioner director in the performance of the
26commissioner’s director’s duties under this chapter is guilty
27of a simple misdemeanor. A person who bribes or attempts to
28bribe the commissioner director is subject to section 722.1.
29 Sec. 1771. Section 88A.11, subsections 3 and 4, Code 2023,
30are amended to read as follows:
313. The commissioner director may exempt amusement devices
32from the provisions of this chapter that have self-contained
33wiring installed by the manufacturer, that are operated
34manually by the use of hands or feet, that operate on less than
35one hundred twenty volts of electrical power, and that are
-1062-1fixtures or appliances within or part of a structure subject to
2the building code of this state or any political subdivision
3of this state.
44. The commissioner director may exempt playground
5equipment owned, maintained, and operated by any political
6subdivision of this state.
7 Sec. 1772. Section 88A.13, Code 2023, is amended to read as
8follows:
988A.13 Waiver of inspection.
10The commissioner director may waive the requirement that
11an amusement device or ride or any part thereof be inspected
12before being operated in this state if an operator gives
13satisfactory proof to the commissioner director that the
14amusement device or ride or any part thereof has passed an
15inspection conducted by a public or private agency whose
16inspection standards and requirements are at least equal
17to those requirements and standards established by the
18commissioner director under the provisions of this chapter.
19The annual permit and inspection fees shall be paid before the
20commissioner director may waive this requirement.
21 Sec. 1773. Section 88A.14, Code 2023, is amended to read as
22follows:
2388A.14 Injunction.
24In addition to any and all other remedies, if an owner,
25operator, or person in charge of any amusement device or ride,
26concession booth, or related electrical equipment covered by
27this chapter, continues to operate any amusement device or
28ride, concession booth, or related electrical equipment covered
29by this chapter, after receiving a notice of defect as provided
30by this chapter, without first correcting the defects or making
31replacements, the commissioner director may petition the
32district court in equity, in an action brought in the name of
33the state, for a writ of injunction to restrain the use of the
34alleged defective amusement device or ride, concession booth,
35or related electrical equipment.
-1063-1 Sec. 1774. Section 88B.1, subsections 3 and 4, Code 2023,
2are amended by striking the subsections and inserting in lieu
3thereof the following:
43. “Department” means the department of inspections,
5appeals, and licensing.
64. “Director” means the director of the department of
7inspections, appeals, and licensing.
8 Sec. 1775. Section 88B.1, subsections 5 and 6, Code 2023,
9are amended to read as follows:
105. “License” means an authorization issued by the division
11 department permitting an individual person, including a
12supervisor or contractor, to work on an asbestos project, to
13inspect buildings for asbestos-containing building materials,
14to develop management plans, and to act as an asbestos project
15designer.
166. “Permit” means an authorization issued by the division
17 department permitting a business entity to remove or
18encapsulate asbestos.
19 Sec. 1776. Section 88B.3, Code 2023, is amended to read as
20follows:
2188B.3 Administration — rules — fees — inspections.
221. The commissioner director shall administer this chapter.
232. The commissioner director shall adopt, in accordance
24with chapter 17A, rules necessary to carry out the provisions
25of this chapter.
263. The commissioner director shall prescribe fees for
27the issuance and renewal of licenses and permits. The fees
28shall be based on the costs of licensing, permitting, and
29administering this chapter, including time spent by personnel
30of the division department in performing duties and any travel
31expenses incurred. All fees provided for in this chapter shall
32be collected by the commissioner director and remitted to the
33treasurer of state for deposit in the general fund of the
34state.
354. At least once a year, during an actual asbestos project,
-1064-1the division department shall conduct an on-site inspection
2of each permittee’s procedures for removing and encapsulating
3asbestos.
4 Sec. 1777. Section 88B.3A, subsection 1, Code 2023, is
5amended to read as follows:
61. To qualify for a permit, a business entity shall submit
7an application to the division department in the form required
8by the division department and pay the prescribed fee.
9 Sec. 1778. Section 88B.4, Code 2023, is amended to read as
10follows:
1188B.4 Permit — term, renewal, and records required.
121. A permit expires on the first anniversary of its
13effective date, unless it is renewed for a one-year term as
14provided in this section.
152. At least one month before the permit expires, the
16division department shall send to the permittee, at the last
17known address of the permittee, a renewal notice that states
18all of the following:
19a. The date on which the current permit expires.
20b. The date by which the renewal application must be
21received by the division department for the renewal to be
22issued and mailed before the permit expires.
23c. The amount of the renewal fee.
243. Before the permit expires, the permittee may renew it for
25an additional one-year term, if the business entity meets the
26following conditions:
27a. Is otherwise entitled to a permit.
28b. Submits a renewal application to the division department
29 in the form required by the division department.
30c. Pays the renewal fee prescribed by the division
31 department.
324. The permittee shall keep a record of each asbestos
33project it performs and shall make the record available to the
34division department at any reasonable time. Records shall
35contain information and be kept for a time prescribed in rules
-1065-1adopted by the division department.
2 Sec. 1779. Section 88B.5, Code 2023, is amended to read as
3follows:
488B.5 Waivers and alternative procedures.
51. In an emergency that results from a sudden, unexpected
6event that is not a planned renovation or demolition, the
7commissioner director may waive the requirement for a permit.
82. If the business entity is not primarily engaged in the
9removal or encapsulation of asbestos, the commissioner director
10 may waive the requirement for a permit if worker protection
11requirements are met.
123. The division department shall not approve any waivers
13on work conducted at a school, public, or commercial building
14unless the request is accompanied by a recommendation from an
15asbestos project designer.
16 Sec. 1780. Section 88B.6, subsection 1, paragraphs a and b,
17Code 2023, are amended to read as follows:
18a. To apply for a license, an individual shall submit an
19application to the division department in the form required by
20the division department and shall pay the prescribed fee.
21b. The application shall include information prescribed by
22rules adopted by the commissioner director.
23 Sec. 1781. Section 88B.6, subsection 2, paragraph a,
24unnumbered paragraph 1, Code 2023, is amended to read as
25follows:
26An individual is not eligible to be or do any of the
27following unless the person obtains a license from the division
28 department:
29 Sec. 1782. Section 88B.6, subsection 2, paragraph b, Code
302023, is amended to read as follows:
31b. To qualify for a license, the applicant must have
32successfully completed training as established by the United
33States environmental protection agency, paid a fee, and met
34other requirements as specified by the division department by
35rule.
-1066-1 Sec. 1783. Section 88B.8, unnumbered paragraph 1, Code
22023, is amended to read as follows:
3The division department may deny, suspend, or revoke a
4permit or license, in accordance with chapter 17A, if the
5permittee or licensee does any of the following:
6 Sec. 1784. Section 88B.8, subsection 2, Code 2023, is
7amended to read as follows:
82. Fails at any time to meet the qualifications for a permit
9or license or to comply with a rule adopted by the commissioner
10 director under this chapter.
11 Sec. 1785. Section 88B.11, Code 2023, is amended to read as
12follows:
1388B.11 Bids for governmental projects.
14A state agency or political subdivision shall not accept a
15bid in connection with any asbestos project from a business
16entity that does not hold a permit from the division department
17 at the time the bid is submitted, unless the business entity
18provides the state agency or political subdivision with written
19proof that ensures that the business entity has contracted
20to have the asbestos removal or encapsulation performed by a
21licensed asbestos contractor.
22 Sec. 1786. Section 89.1, subsection 1, Code 2023, is amended
23to read as follows:
241. The labor commissioner director shall enforce the
25provisions of this chapter and may employ qualified personnel
26under the provisions of chapter 8A, subchapter IV, to
27administer the provisions of this chapter.
28 Sec. 1787. Section 89.2, subsection 4, Code 2023, is amended
29by striking the subsection and inserting in lieu thereof the
30following:
314. “Department” means the department of inspections,
32appeals, and licensing.
33 Sec. 1788. Section 89.2, Code 2023, is amended by adding the
34following new subsection:
35 NEW SUBSECTION. 4A. “Director” means the director of the
-1067-1department of inspections, appeals, and licensing.
2 Sec. 1789. Section 89.2, subsection 9, Code 2023, is amended
3to read as follows:
49. “Special inspector” means an inspector who holds a
5commission from the commissioner director and who is not a
6state employee.
7 Sec. 1790. Section 89.3, Code 2023, is amended to read as
8follows:
989.3 Inspection made.
101. It shall be the duty of the commissioner director to
11inspect or cause to be inspected internally and externally, at
12least once every twelve months, except as otherwise provided
13in this section, in order to determine whether all such
14equipment is in a safe and satisfactory condition, and properly
15constructed and maintained for the purpose for which it is
16used, all boilers and unfired steam pressure vessels operating
17in excess of fifteen pounds per square inch, all low pressure
18heating boilers and unfired steam pressure vessels located in
19places of public assembly and other appurtenances used in this
20state for generating or transmitting steam for power, or for
21using steam under pressure for heating or steaming purposes.
222. The commissioner director may enter any building or
23structure, public or private, for the purpose of inspecting any
24equipment covered by this chapter or gathering information with
25reference thereto.
263. The commissioner may inspect boilers and tanks
27and other equipment stamped with the American society of
28mechanical engineers code symbol for other than steam pressure,
29manufactured in Iowa, when requested by the manufacturer.
304. a. An object that meets all of the following criteria
31shall be inspected at least once every two years internally
32and externally while not under pressure, and at least once
33every two years externally while under pressure, unless the
34commissioner director determines that an earlier inspection is
35warranted:
-1068- 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.
12b. The owner or user of an object meeting the criteria in
13paragraph “a” shall do the following:
14(1) At any time the commissioner director, a special
15inspector, or the supervisor of water treatment deems a
16hydrostatic test is necessary to determine the safety of
17an object, conduct the test under the supervision of the
18commissioner director.
19(2) Keep available for examination by the commissioner
20 director accurate records showing the date and actual time the
21object is out of service and the reason it is out of service.
22(3) Keep available for examination by the commissioner
23 director chemical physical laboratory analyses of samples of
24the object water taken at regular intervals of not more than
25forty-eight hours of operation as will adequately show the
26condition of the water and any elements or characteristics of
27the water which are capable of producing corrosion or other
28deterioration of the object or its parts.
295. a. An object that meets all of the following criteria
30shall be inspected at least once each year externally while
31under pressure and at least once every four years internally
32while not under pressure, unless the commissioner director
33 determines an earlier inspection is warranted:
34(1) The object is a boiler with one hundred thousand pounds
35per hour or more capacity, or the object is an unfired steam
-1069-1pressure vessel or a regulated appurtenance that is part of the
2same system as a boiler with one hundred thousand pounds per
3hour or more capacity.
4(2) The object contains only water subject to internal
5continuous water treatment under the direct supervision of
6a graduate engineer or chemist, or one having equivalent
7experience in the treatment of boiler water.
8(3) The water treatment is for the purpose of controlling
9and limiting serious corrosion and other deteriorating factors.
10(4) Either of the following:
11(a) The owner or user is a participant in good standing in
12the Iowa occupational safety and health voluntary protection
13program and has achieved star status within the program, which
14is administered by the division of labor services in the
15department of workforce development inspections, appeals, and
16licensing.
17(b) The object is an unfired steam pressure vessel and is
18part of or integral to the continuous operation of a process
19covered by and compliant with the occupational safety and
20health administration process safety management standard
21contained in 29 C.F.R. §1910.119 and the owner demonstrates
22such compliance to a special inspector or the commissioner
23 director. The unfired steam pressure vessel must also be
24included as process safety management process equipment in the
25owner of the unfired steam pressure vessel’s process safety
26management program.
27b. The owner or user of an object that meets the criteria in
28paragraph “a” shall do the following:
29(1) At any time the commissioner director, a special
30inspector, or the supervisor of the water treatment deems
31a hydrostatic test necessary to determine the safety of
32an object, conduct the test under the supervision of the
33commissioner director.
34(2) Keep available for examination by the commissioner
35 director accurate records showing the date and actual time the
-1070-1object is out of service and the reason it is out of service.
2(3) Arrange for an internal inspection of the object during
3each planned outage by a special inspector or the commissioner
4 director.
5(4) Keep for examination by the commissioner director
6 accurate records showing the chemical physical laboratory
7analyses of samples of the object’s water taken at regular
8intervals of not more than forty-eight hours of operation
9adequate to show the condition of the water and any elements
10or characteristics of the water that are capable of producing
11corrosion or other deterioration of the object or its parts.
126. Internal inspections of cast aluminum steam, cast
13aluminum hot water heating, sectional cast iron steam, and
14cast iron hot water heating boilers shall be conducted only
15as deemed necessary by the commissioner director. External
16operating inspections shall be conducted annually.
177. Internal inspections of steel hot water boilers shall be
18conducted once every six years. External operating inspections
19shall be conducted annually in years other than the year in
20which internal inspections are conducted.
218. Inspections of unfired steam pressure vessels operating
22in excess of fifteen pounds per square inch and low pressure
23steam boilers shall be conducted at least once each calendar
24year. The inspections conducted within each two-year period
25shall include an external inspection conducted while the boiler
26is operating and an internal inspection, where construction
27permits. No more than one inspection shall be conducted per
28six-month period. An internal inspection of an unfired steam
29pressure vessel or low pressure steam boiler may be required
30at any time by the commissioner director upon the observation
31by an inspector of conditions, enumerated by the commissioner
32 director through rules, warranting an internal inspection.
33If a low pressure steam boiler is in dry lay-up, an internal
34inspection shall be conducted in lieu of an external
35inspection. For purposes of this subsection, “dry lay-up”
-1071-1means a process whereby a boiler is taken out of service for a
2period of six months or longer, drained, dried, and cleaned,
3and measures to prevent corrosion are performed on the boiler.
49. An internal inspection shall not be required on an
5unfired steam pressure vessel that was manufactured without an
6inspection opening.
710. An exhibition boiler does not require an annual
8inspection certificate but special inspections may be requested
9by the owner or an event’s management to be performed by the
10commissioner director. Upon the completion of an exhibition
11boiler inspection a written condition report shall be prepared
12by the commissioner director regarding the condition of
13the exhibition boiler’s boiler or pressure vessel. This
14report will be issued to the owner and the management of all
15events at which the exhibition boiler is to be operated. The
16event’s management is responsible for the decision on whether
17the exhibition boiler should be operated and shall inform
18the division of labor services department of the event’s
19management’s decision. The event’s management is responsible
20for any injuries which result from the operation of any
21exhibition boiler approved for use at the event by the event’s
22management. A repair symbol, known as the “R” stamp, is not
23required for repairs made to exhibition boilers pursuant to the
24rules regarding inspections and repair of exhibition boilers as
25adopted by the commissioner director, pursuant to chapter 17A.
2611. An inspection report created pursuant to this chapter
27that requires modification, alteration, or change shall be in
28writing and shall cite the state law or rule or the ASME code
29section allegedly violated.
30 Sec. 1791. Section 89.4, subsection 2, unnumbered paragraph
311, Code 2023, is amended to read as follows:
32Unfired steam pressure vessels not exceeding the following
33limitations are not required to be reported to the commissioner
34 director and shall be exempt from regular inspection under
35provisions of this chapter:
-1072-1 Sec. 1792. Section 89.5, subsections 1 and 2, Code 2023, are
2amended to read as follows:
31. The commissioner director shall investigate and record
4the cause of any boiler explosion that may occur in the state,
5the loss of life, injuries sustained, and estimated loss of
6property, if any; and such other data as may be of benefit in
7preventing a recurrence of similar explosions.
82. The commissioner director shall keep a complete and
9accurate record of the name of the owner or user of each steam
10boiler or other equipment subject to this chapter, giving
11a full description of the equipment, including the type,
12dimensions, age, condition, the amount of pressure allowed, and
13the date when last inspected.
14 Sec. 1793. Section 89.6, Code 2023, is amended to read as
15follows:
1689.6 Notice to commissioner director.
171. Before any equipment included under the provisions
18of this chapter is installed by any owner, user, or lessee
19thereof, a ten days’ written notice of intention to install the
20equipment shall be given to the commissioner director. The
21notice shall designate the proposed place of installation, the
22type and capacity of the equipment, the use to be made thereof,
23the name of the company which manufactured the equipment, and
24whether the equipment is new or used.
252. Before any power boiler is converted to a low pressure
26boiler, the owner or user shall give to the commissioner
27 director ten days’ written notice of intent to convert the
28boiler. The notice shall designate the boiler location, the
29uses of the building, and other information specified by rule
30by the board.
31 Sec. 1794. Section 89.7, Code 2023, is amended to read as
32follows:
3389.7 Special inspectors.
341. The inspection required by this chapter shall not be
35made by the commissioner director if an owner or user of
-1073-1equipment specified by this chapter obtains an inspection by
2a representative of a reputable insurance company and obtains
3a policy of insurance upon the equipment from that insurance
4company.
52. The representative conducting the inspection shall
6be commissioned by the commissioner director as a special
7inspector for the year during which the inspection occurs
8and shall meet such other requirements as the commissioner
9 director may by rule establish. The commission shall be valid
10for one year and the special inspector shall pay a fee for the
11issuance of the commission. The commissioner director shall
12establish the amount of the fee by rule. The commissioner
13 director shall establish rules for the issuance and revocation
14of special inspector commissions. The rules are subject to the
15requirements of chapter 17A.
163. The insurance company shall file a notice of insurance
17coverage on forms approved by the commissioner director stating
18that the equipment is insured and that inspection shall be made
19in accordance with section 89.3.
204. The special inspector shall provide the user and the
21commissioner director with an inspection report including the
22nature and extent of all defects and violations, in a format
23approved by the labor commissioner director.
245. The failure of a special inspector to inform the
25commissioner director of violations shall not subject the
26commissioner director to liability for any damages incurred.
27 Sec. 1795. Section 89.7A, Code 2023, is amended to read as
28follows:
2989.7A Certificates.
301. The commissioner director shall issue a certificate of
31inspection valid for the period specified in section 89.3 after
32the payment of a fee, the filing of an inspection report, and
33the correction or other appropriate resolution of any defects
34identified in the inspection report. The certificate shall be
35posted at a place near the location of the equipment.
-1074- 12. The owner or user of any equipment covered in this
2chapter, or persons in charge of such equipment, shall not
3allow or permit a greater pressure in any unit than is stated
4in the certificate of inspection issued by the commissioner
5 director.
63. The commissioner director shall indicate to the user
7whether or not the equipment may be used without making repair
8or replacement of defective parts, or whether or how the
9equipment may be used in a limited capacity before repairs
10or replacements are made, and the commissioner director may
11permit the user a reasonable time to make such repairs or
12replacements.
13 Sec. 1796. Section 89.8, Code 2023, is amended to read as
14follows:
1589.8 Boiler and pressure vessel safety fund — fees
16appropriated.
17A boiler and pressure vessel safety revolving fund is
18created within the state treasury under the control of the
19commissioner director and shall consist of moneys collected
20by the commissioner director as fees. Moneys in the fund are
21appropriated and shall be used by the commissioner director
22 to pay the actual costs and expenses necessary to operate the
23board and administer the provisions of this chapter. All
24salaries and expenses properly chargeable to the fund shall be
25paid from the fund. Section 8.33 does not apply to any moneys
26in the fund. Notwithstanding section 12C.7, subsection 2,
27interest or earnings on moneys deposited in the fund shall be
28credited to the fund.
29 Sec. 1797. Section 89.9, Code 2023, is amended to read as
30follows:
3189.9 Disposal of fees.
32All fees provided for in this chapter shall be collected
33by the commissioner director and remitted to the treasurer
34of state, to be deposited in the boiler and pressure vessel
35safety fund pursuant to section 89.8, together with an itemized
-1075-1statement showing the source of collection.
2 Sec. 1798. Section 89.11, Code 2023, is amended to read as
3follows:
489.11 Injunction.
51. In addition to all other remedies, if any owner, user,
6or person in charge of any equipment covered by this chapter
7continues to use any equipment covered by this chapter,
8after receiving an inspection report identifying defects and
9exhausting appeal rights as provided by this chapter without
10first correcting the defects or making replacements, the
11commissioner director may apply to the district court by
12petition in equity, in an action brought in the name of the
13state, for a writ of injunction to restrain the use of the
14alleged defective equipment.
152. If the commissioner director believes that the continued
16operation of equipment constitutes an imminent danger that
17could seriously injure or cause death to any person, in
18addition to all other remedies, the commissioner director
19 may apply to the district court in the county in which the
20imminently dangerous condition exists for a temporary order to
21enjoin the owner, user, or person in charge from operating the
22equipment before the owner’s, user’s, or person’s rights to
23administrative appeals have been exhausted.
24 Sec. 1799. Section 89.12, Code 2023, is amended to read as
25follows:
2689.12 Hearing — notice — decree.
27The commissioner director shall notify in writing the owner
28or user of the equipment of the time and place of hearing of the
29petition as fixed by the court or judge, and shall serve the
30notice on the defendant at least five days prior to the hearing
31in the same manner as original notices are served. The general
32provisions relating to civil practice and procedure as may be
33applicable, shall govern the proceedings, except as herein
34modified. In the event the defendant does not appear or plead
35to the action, default shall be entered against the defendant.
-1076-1The action shall be tried in equity, and the court or judge
2shall make such order or decree as the evidence warrants.
3 Sec. 1800. Section 89.13, Code 2023, is amended to read as
4follows:
589.13 Civil penalty allowed.
6If upon notice and hearing the commissioner director
7 determines that an owner has operated a facility in violation
8of a safety order, the commissioner director may assess a civil
9penalty against the owner in an amount not exceeding five
10hundred dollars, as determined by the commissioner director.
11An order assessing a civil penalty is subject to appeal to
12the employment appeal board and to judicial review. The
13commissioner director may commence an action in the district
14court to enforce payment of a civil penalty. Revenue from
15the penalty provided in this section shall be remitted to the
16treasurer of state for deposit in the general fund of the
17state.
18 Sec. 1801. Section 89.14, subsection 1, Code 2023, is
19amended to read as follows:
201. A boiler and pressure vessel board is created within
21the division of labor services of the department of workforce
22development to formulate definitions and rules requirements
23for the safe and proper installation, repair, maintenance,
24alteration, use, and operation of boilers and pressure vessels
25in this state.
26 Sec. 1802. Section 89.14, subsection 2, paragraph a, Code
272023, is amended to read as follows:
28a. The commissioner director or the commissioner’s
29 director’s designee.
30 Sec. 1803. Section 89.14, subsections 4, 6, and 8, Code
312023, are amended to read as follows:
324. The members of the board shall select a chairperson, vice
33chairperson, and secretary from their membership. However,
34neither the commissioner director nor the commissioner’s
35 director’s designee shall serve as chairperson. The board
-1077-1shall meet at least quarterly but may meet as often as
2necessary. Meetings shall be set by a majority of the board
3or upon the call of the chairperson, or in the chairperson’s
4absence, upon the call of the vice chairperson. A majority of
5the board members shall constitute a quorum.
66. A notice of defect or inspection report issued by the
7commissioner director pursuant to this chapter may, within
8thirty days after the making of the order, be appealed to
9the board. Board action constitutes final agency action for
10purposes of chapter 17A.
118. The board shall establish fees for examinations,
12inspections, annual statements, shop inspections, and other
13services. The fees shall reflect the actual costs and expenses
14necessary to operate the board and perform the duties of the
15commissioner director.
16 Sec. 1804. Section 89A.1, subsections 2 and 4, Code 2023,
17are amended by striking the subsections.
18 Sec. 1805. Section 89A.1, Code 2023, is amended by adding
19the following new subsections:
20 NEW SUBSECTION. 4A. “Department” means the department of
21inspections, appeals, and licensing.
22 NEW SUBSECTION. 4B. “Director” means the director of the
23department of inspections, appeals, and licensing.
24 Sec. 1806. Section 89A.1, subsections 11, 15, 16, and 19,
25Code 2023, are amended to read as follows:
2611. “Inspector” means an inspector employed by the division
27 department for the purpose of administering this chapter.
2815. “New installation” means a conveyance the construction
29or relocation of which is begun, or for which an application
30for a new installation permit is filed, on or after the
31effective date of rules relating to those permits adopted by
32the commissioner director under authority of this chapter. All
33other installations are existing installations.
3416. “Owner” means the owner of a conveyance, unless the
35conveyance is a new installation or is undergoing major
-1078-1alterations, in which case the owner shall be considered the
2person responsible for the installation or alteration of the
3conveyance until the conveyance has passed final inspection by
4the division department.
519. “Special inspector” means an inspector commissioned
6by the labor commissioner director, and not employed by the
7division department.
8 Sec. 1807. Section 89A.3, subsections 6 and 8, Code 2023,
9are amended to read as follows:
106. The commissioner director shall furnish copies of
11the rules adopted pursuant to this chapter to any person who
12requests them, without charge, or upon payment of a charge not
13to exceed the actual cost of printing of the rules.
148. The commissioner director may adopt rules pursuant to
15chapter 17A relating to the denial, issuance, revocation, and
16suspension of special inspector commissions.
17 Sec. 1808. Section 89A.4, Code 2023, is amended to read as
18follows:
1989A.4 Commissioner’s Director’s duties and personnel.
20The commissioner director shall enforce the provisions of
21this chapter. The commissioner director shall employ personnel
22for the administration of this chapter pursuant to chapter 8A,
23subchapter IV.
24 Sec. 1809. Section 89A.5, Code 2023, is amended to read as
25follows:
2689A.5 Registration of conveyances.
27The owner of every existing conveyance, whether or not
28dormant, shall register the conveyance with the commissioner
29 director, giving type, contract load and speed, name of
30manufacturer, its location, and the purpose for which it is
31used, and other information the commissioner director may
32require. Registration shall be made in a format required by
33the division department.
34 Sec. 1810. Section 89A.6, subsections 2, 4, and 5, Code
352023, are amended to read as follows:
-1079- 12. Every existing conveyance registered with the
2commissioner director shall be inspected within one year
3after the effective date of the registration, except that the
4safety board may extend by rule the time specified for making
5inspections.
64. The inspections required by subsections 1 through 3
7shall be made only by inspectors or special inspectors. An
8inspection by a special inspector may be accepted by the
9commissioner director in lieu of a required inspection by an
10inspector.
115. A report of every inspection shall be filed with the
12commissioner director by the inspector or special inspector,
13in a format required by the commissioner director, after the
14inspection has been completed and within the time provided
15by rule, but not to exceed thirty days. The report shall
16include all information required by the commissioner director
17 to determine whether the conveyance is in compliance with
18applicable rules. For the inspection required by subsection
191, the report shall indicate whether the conveyance has
20been installed in accordance with the detailed plans and
21specifications approved by the commissioner director, and
22meets the requirements of the applicable rules. The failure
23of a special inspector to inform the commissioner director
24 of violations shall not subject the commissioner director to
25liability for any damages incurred.
26 Sec. 1811. Section 89A.7, Code 2023, is amended to read as
27follows:
2889A.7 Alteration permits.
29The owner shall submit to the commissioner director detailed
30plans, specifications, and other information the commissioner
31 director may require for each conveyance to be altered,
32together with an application for an alteration permit, in
33a format required by the commissioner director. Repairs
34or replacements necessary for normal maintenance are not
35alterations, and may be made on existing installations with
-1080-1parts equivalent in material, strength, and design to those
2replaced and no plans or specifications or application need be
3filed for the repairs or replacements. However, this section
4does not authorize the use of any conveyance contrary to an
5order issued pursuant to section 89A.10, subsections 2 and 3.
6 Sec. 1812. Section 89A.8, Code 2023, is amended to read as
7follows:
889A.8 New installation permits.
91. The installation or relocation of a conveyance shall
10not begin until an installation permit has been issued by the
11commissioner director.
122. An application for an installation permit shall be
13submitted in a format determined by the commissioner director.
143. a. If the application or any accompanying materials
15indicates a failure to comply with applicable rules, the
16commissioner director shall give notice of the compliance
17failures to the person filing the application.
18b. If the application indicates compliance with applicable
19rules or after compliance failures have been remedied, the
20commissioner director shall issue an installation permit for
21relocation or installation, as applicable.
22 Sec. 1813. Section 89A.9, subsection 1, Code 2023, is
23amended to read as follows:
241. Operating permits shall be issued by the commissioner
25 director to the owner of every conveyance when the inspection
26report indicates compliance with the applicable provisions
27of this chapter. However, a permit shall not be issued
28if the fees required by this chapter have not been paid.
29Permits shall be issued within thirty days after filing of
30the inspection report required by section 89A.6, unless the
31time is extended for cause by the division department. A
32conveyance shall not be operated after the thirty days or after
33an extension granted by the commissioner director has expired,
34unless an operating permit has been issued.
35 Sec. 1814. Section 89A.10, Code 2023, is amended to read as
-1081-1follows:
289A.10 Enforcement orders by commissioner director —
3injunction.
41. If an inspection report indicates a failure to comply
5with applicable rules, or with the detailed plans and
6specifications approved by the commissioner director, the
7commissioner director may, upon giving notice, order the owner
8of a conveyance to make the changes necessary for compliance.
92. If the owner does not make the changes necessary for
10compliance as required in subsection 1 within the period
11specified by the commissioner director, the commissioner
12 director, upon notice, may suspend or revoke the operating
13permit, or may refuse to issue the operating permit for
14the conveyance. The commissioner director shall notify the
15owner of any action to suspend, revoke, or refuse to issue an
16operating permit and the reason for the action by service in
17the same manner as an original notice or by certified mail. An
18owner may appeal the commissioner’s director’s initial decision
19to the safety board. The decision of the safety board shall be
20considered final agency action pursuant to chapter 17A.
213. If the commissioner director has reason to believe
22that the continued operation of a conveyance constitutes
23an imminent danger which could reasonably be expected to
24seriously injure or cause death to any person, in addition to
25any other remedies, the commissioner director may apply to the
26district court in the county in which such imminently dangerous
27condition exists for a temporary order for the purpose of
28enjoining such imminently dangerous conveyance. Upon hearing,
29if deemed appropriate by the court, a permanent injunction
30may be issued to ensure that such imminently dangerous
31conveyance be prevented or controlled. Upon the elimination
32or rectification of such imminently dangerous condition, the
33temporary or permanent injunction shall be vacated.
34 Sec. 1815. Section 89A.12, Code 2023, is amended to read as
35follows:
-1082- 189A.12 Access to conveyances.
2Every owner of a conveyance subject to regulation by
3this chapter shall grant access to that conveyance to the
4commissioner director and personnel of the division department.
5Inspections shall be permitted at reasonable times, with or
6without prior notice.
7 Sec. 1816. Section 89A.13, subsections 1, 2, and 4, Code
82023, are amended to read as follows:
91. An elevator safety board is created within the division
10of labor services in the department of workforce development
11 to formulate definitions and rules for the safe and proper
12installation, repair, maintenance, alteration, use, and
13operation of conveyances in this state.
142. The safety board is composed of nine members, one of
15whom shall be the commissioner director or the commissioner’s
16 director’s designee. The governor shall appoint the remaining
17eight members of the board, subject to senate confirmation, to
18staggered four-year terms which shall begin and end as provided
19in section 69.19. The members shall be as follows: two
20representatives from an elevator manufacturing company or
21its authorized representative; two representatives from
22elevator servicing companies; one building owner or manager;
23one representative employed by a local government in this
24state who is knowledgeable about building codes in this
25state; one representative of workers actively involved in the
26installation, maintenance, and repair of elevators; and one
27licensed mechanical engineer.
284. The members of the safety board shall select a
29chairperson, vice chairperson, and a secretary from their
30membership. However, neither the commissioner director nor the
31commissioner’s director’s designee shall serve as chairperson.
32The safety board shall meet at least quarterly but may meet as
33often as necessary. Meetings shall be set by a majority of the
34safety board or upon the call of the chairperson, or in the
35chairperson’s absence, upon the call of the vice chairperson.
-1083-1A majority of the safety board members shall constitute a
2quorum.
3 Sec. 1817. Section 89A.15, Code 2023, is amended to read as
4follows:
589A.15 Inspections by local authorities.
6A city or other governmental subdivision shall not make or
7maintain any ordinance, bylaw, or resolution providing for the
8licensing of special inspectors. An ordinance or resolution
9relating to the inspection, construction, installation,
10alteration, maintenance, or operation of conveyances within
11the limits of the city or governmental subdivision which
12conflicts with this chapter or with rules adopted pursuant
13to this chapter is void. The commissioner director, in the
14commissioner’s director’s discretion, may accept inspections by
15local authorities in lieu of inspections required by section
1689A.6, but only upon a showing by the local authority that
17applicable laws and rules will be consistently and literally
18enforced and that inspections will be performed by special
19inspectors.
20 Sec. 1818. Section 89A.16, Code 2023, is amended to read as
21follows:
2289A.16 Prosecution of offenses.
23The division department shall cause prosecution for the
24violation of the provisions of this chapter to be instituted
25by the attorney general in the county in which the violation
26occurred.
27 Sec. 1819. Section 89A.18, Code 2023, is amended to read as
28follows:
2989A.18 Civil penalty.
30If upon notice and hearing the commissioner director
31 determines that an owner has operated a conveyance after an
32order of the commissioner director that suspends, revokes,
33or refuses to issue an operating permit for the conveyance
34has become final under section 89A.10, subsection 2, the
35commissioner director may assess a civil penalty against the
-1084-1owner in an amount not exceeding five hundred dollars, as
2determined by the commissioner director. An order assessing
3a civil penalty is subject to appeal under section 89A.10,
4subsection 2, in the same manner and to the same extent as
5decisions referred to in that subsection. The commissioner
6 director may commence an action in the district court to
7enforce payment of the civil penalty. A record of assessment
8against or payment of a civil penalty by any person for a
9violation of this section shall not be admissible as evidence
10in any court in any civil action. Revenue from the penalty
11provided in this section shall be remitted to the treasurer of
12state for deposit in the state general fund.
13 Sec. 1820. Section 89A.19, Code 2023, is amended to read as
14follows:
1589A.19 Elevator safety fund — fees appropriated.
16A revolving elevator safety fund is created in the state
17treasury under the control of the commissioner director and
18shall consist of moneys collected by the commissioner director
19 as fees. Moneys in the fund are appropriated to and shall
20be used by the commissioner director to pay the actual costs
21and expenses necessary to operate the safety board and perform
22the duties of the commissioner director as described in this
23chapter. All fees collected by the commissioner director
24 pursuant to this chapter shall be remitted to the treasurer
25of state to be deposited in the elevator safety fund. 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. 1821. Section 89B.3, Code 2023, is amended by adding
32the following new subsection:
33 NEW SUBSECTION. 01. “Commissioner” means the labor
34commissioner appointed pursuant to section 10A.203, or the
35labor commissioner’s designee.
-1085-1 Sec. 1822. Section 89B.3, subsection 1, Code 2023, is
2amended to read as follows:
31. “Division” means the division of labor services of the
4department of workforce development created under section 84A.1
5inspections, appeals, and licensing.
6 Sec. 1823. Section 90A.1, subsection 2, Code 2023, is
7amended to read as follows:
82. “Commissioner” means the state commissioner of athletics,
9who is also the labor commissioner appointed pursuant to
10section 91.2, director of the department of inspections,
11appeals, and licensing or the labor commissioner’s director’s
12 designee.
13 Sec. 1824. Section 91A.2, subsection 1, Code 2023, is
14amended by striking the subsection.
15 Sec. 1825. Section 91A.2, Code 2023, is amended by adding
16the following new subsection:
17 NEW SUBSECTION. 2A. “Director” means the director of the
18department of inspections, appeals, and licensing.
19 Sec. 1826. Section 91A.6, subsection 1, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21An employer shall after being notified by the commissioner
22 director pursuant to subsection 2:
23 Sec. 1827. Section 91A.6, subsection 2, Code 2023, is
24amended to read as follows:
252. The commissioner director shall notify an employer to
26comply with subsection 1 if the employer has paid a claim
27for unpaid wages or nonreimbursed authorized expenses and
28liquidated damages under section 91A.10 or if the employer
29has been assessed a civil money penalty under section 91A.12.
30However, a court may, when rendering a judgment for wages or
31nonreimbursed authorized expenses and liquidated damages or
32upholding a civil money penalty assessment, order that an
33employer shall not be required to comply with the provisions of
34subsection 1 or that an employer shall be required to comply
35with the provisions of subsection 1 for a particular period of
-1086-1time.
2 Sec. 1828. Section 91A.9, Code 2023, is amended to read as
3follows:
491A.9 General powers and duties of the commissioner director.
51. The commissioner director shall administer and enforce
6the provisions of this chapter. The commissioner director may
7hold hearings and investigate charges of violations of this
8chapter.
92. The commissioner director may, consistent with due
10process of law, enter any place of employment to inspect
11records concerning wages and payrolls, to question the employer
12and employees, and to investigate such facts, conditions, or
13matters as are deemed appropriate in determining whether any
14person has violated the provisions of this chapter. However,
15such entry by the commissioner director shall only be in
16response to a written complaint.
173. The commissioner director may employ such qualified
18personnel as are necessary for the enforcement of this chapter.
19Such personnel shall be employed pursuant to chapter 8A,
20subchapter IV.
214. The commissioner director shall, in consultation with
22the United States department of labor, develop a database of
23the employers in this state utilizing special certificates
24issued by the United States secretary of labor as authorized
25under 29 U.S.C. §214, and shall maintain the database.
265. The commissioner director shall promulgate, pursuant to
27chapter 17A, any rules necessary to carry out the provisions of
28this chapter.
29 Sec. 1829. Section 91A.10, Code 2023, is amended to read as
30follows:
3191A.10 Settlement of claims and suits for wages —
32prohibition against discharge of employee.
331. Upon the written complaint of the employee involved,
34the commissioner director may determine whether wages have
35not been paid and may constitute an enforceable claim. If
-1087-1for any reason the commissioner director decides not to make
2such determination, the commissioner director shall so notify
3the complaining employee within fourteen days of receipt of
4the complaint. The commissioner director shall otherwise
5notify the employee of such determination within a reasonable
6time and if it is determined that there is an enforceable
7claim, the commissioner director shall, with the consent of
8the complaining employee, take an assignment in trust for the
9wages and for any claim for liquidated damages without being
10bound by any of the technical rules respecting the validity of
11the assignment. However, the commissioner director shall not
12accept any complaint for unpaid wages and liquidated damages
13after one year from the date the wages became due and payable.
142. The commissioner director, with the assistance of the
15office of the attorney general if the commissioner director
16 requests such assistance, shall, unless a settlement is
17reached under this subsection, commence a civil action in any
18court of competent jurisdiction to recover for the benefit
19of any employee any wage, expenses, and liquidated damages’
20claims that have been assigned to the commissioner director
21 for recovery. The commissioner director may also request
22reasonable and necessary attorney fees. With the consent
23of the assigning employee, the commissioner director may
24also settle a claim on behalf of the assigning employee.
25Proceedings under this subsection and subsection 1 that precede
26commencement of a civil action shall be conducted informally
27without any party having a right to be heard before the
28commissioner director. The commissioner director may join
29various assignments in one claim for the purpose of settling or
30litigating their claims.
313. The provisions of subsections 1 and 2 shall not be
32construed to prevent an employee from settling or bringing an
33action for damages under section 91A.8 if the employee has not
34assigned the claim under subsection 1.
354. Any recovery of attorney fees, in the case of actions
-1088-1brought under this section by the commissioner director, shall
2be remitted by the commissioner director to the treasurer of
3state for deposit in the general fund of the state. Also, the
4commissioner director shall not be required to pay any filing
5fee or other court costs.
65. An employer shall not discharge or in any other manner
7discriminate against any employee because the employee has
8filed a complaint, assigned a claim, or brought an action
9under this section or has cooperated in bringing any action
10against an employer. Any employee may file a complaint with
11the commissioner director alleging discharge or discrimination
12within thirty days after such violation occurs. Upon receipt
13of the complaint, the commissioner director shall cause an
14investigation to be made to the extent deemed appropriate. If
15the commissioner director determines from the investigation
16that the provisions of this subsection have been violated, the
17commissioner director shall bring an action in the appropriate
18district court against such person. The district court shall
19have jurisdiction, for cause shown, to restrain violations of
20this subsection and order all appropriate relief including
21rehiring or reinstatement of the employee to the former
22position with back pay.
23 Sec. 1830. Section 91A.11, Code 2023, is amended to read as
24follows:
2591A.11 Wage claims brought under reciprocity.
261. The commissioner director may enter into reciprocal
27agreements with the labor department or corresponding agency
28of any other state or its representatives for the collection
29in such other states of claims or judgments for wages and
30other demands based upon claims assigned to the commissioner
31 director.
322. The commissioner director may, to the extent provided
33for by any reciprocal agreement entered into by law or with an
34agency of another state as provided in this section, maintain
35actions in the courts of such other state to the extent
-1089-1permitted by the laws of that state for the collection of
2claims for wages, judgments and other demands and may assign
3such claims, judgments and demands to the labor department or
4agency of such other state for collection to the extent that
5such an assignment may be permitted or provided for by the laws
6of such state or by reciprocal agreement.
73. The commissioner director may, upon the written consent
8of the labor department or other corresponding agency of any
9other state or its representatives, maintain actions in the
10courts of this state upon assigned claims for wages, judgments
11and demands arising in such other state in the same manner
12and to the same extent that such actions by the commissioner
13 director are authorized when arising in this state. However,
14such actions may be maintained only in cases in which such
15other state by law or reciprocal agreement extends a like
16comity to cases arising in this state.
17 Sec. 1831. Section 91A.12, Code 2023, is amended to read as
18follows:
1991A.12 Civil penalties.
201. Any employer who violates the provisions of this chapter
21or the rules promulgated under it shall be subject to a civil
22money penalty of not more than five hundred dollars per pay
23period for each violation. The commissioner director may
24recover such civil money penalty according to the provisions
25of subsections 2 through 5. Any civil money penalty recovered
26shall be deposited in the general fund of the state.
272. The commissioner director may propose that an employer
28be assessed a civil money penalty by serving the employer with
29notice of such proposal in the same manner as an original
30notice is served under the rules of civil procedure. Upon
31service of such notice, the proposed assessment shall be
32treated as a contested case under chapter 17A. However, an
33employer must request a hearing within thirty days of being
34served.
353. If an employer does not request a hearing pursuant
-1090-1to subsection 2 or if the commissioner director determines,
2after an appropriate hearing, that an employer is in violation
3of this chapter, the commissioner director shall assess a
4civil money penalty which is consistent with the provisions
5of subsection 1 and which is rendered with due consideration
6for the penalty amount in terms of the size of the employer’s
7business, the gravity of the violation, the good faith of the
8employer, and the history of previous violations.
94. An employer may seek judicial review of any assessment
10rendered under subsection 3 by instituting proceedings for
11judicial review pursuant to chapter 17A. However, such
12proceedings must be instituted in the district court of the
13county in which the violation or one of the violations occurred
14and within thirty days of the day on which the employer was
15notified that an assessment has been rendered. Also, an
16employer may be required, at the discretion of the district
17court and upon instituting such proceedings, to deposit the
18amount assessed with the clerk of the district court. Any
19moneys so deposited shall either be returned to the employer
20or be forwarded to the commissioner director for deposit in
21the general fund of the state, depending on the outcome of the
22judicial review, including any appeal to the supreme court.
235. After the time for seeking judicial review has expired
24or after all judicial review has been exhausted and the
25commissioner’s director’s assessment has been upheld, the
26commissioner director shall request the attorney general to
27recover the assessed penalties in a civil action.
28 Sec. 1832. Section 91A.15, subsection 2, paragraph b, Code
292023, is amended to read as follows:
30b. The franchisor has been found by the commissioner
31 director to have exercised a type or degree of control over
32the franchisee or the franchisee’s employees that is not
33customarily exercised by a franchisor for the purpose of
34protecting the franchisor’s trademarks and brand.
35 Sec. 1833. Section 91C.1, Code 2023, is amended to read as
-1091-1follows:
291C.1 Definition — exemption — combined registration and
3licensing process for plumbers and mechanical professionals.
41. As used in this chapter, unless the context otherwise
5requires, “contractor”:
6a. “Contractor”means a person who engages in the business
7of construction, as the term “construction” is defined in the
8Iowa administrative code for purposes of chapter 96, the Iowa
9employment security law. However, a person who earns less than
10two thousand dollars annually or who performs work or has work
11performed on the person’s own property is not a contractor for
12purposes of this chapter.
13b. “Department” means the department of inspections,
14appeals, and licensing.
15c. “Director” means the director of the department of
16inspections, appeals, and licensing.
172. The state, its boards, commissions, agencies,
18departments, and its political subdivisions including school
19districts and other special purpose districts, are not
20contractors for purposes of this chapter.
212. 3. If a contractor’s registration application shows
22that the contractor is self-employed, does not pay more than
23two thousand dollars annually to employ other persons in the
24business, and does not work with or for other contractors in
25the same phases of construction, the contractor is exempt from
26the fee requirements under this chapter.
273. 4. a. The labor services division of the department of
28workforce development and the Iowa department of public health
29will work with stakeholders to develop a plan to combine the
30contractor registration and contractor licensing application
31process for contractors licensed under chapter 105, to be
32implemented in time for licensing renewals due July 1, 2017.
33Effective July 1, 2017, a A contractor licensed under chapter
34105 shall register as a contractor under this chapter in
35conjunction with the contractor licensing process established
-1092-1by the department. At no cost to the labor services division,
2the The department of public health shall collect both the
3registration and licensing applications as part of one combined
4application. The labor commissioner director shall design
5the contractor registration application form to exclude
6from the division of labor services’ department’s contractor
7registration application process those contractors who are also
8covered by chapter 103 or 105. The labor commissioner director
9 is authorized to adopt rules as needed to accomplish a merger
10of the application systems including transitional registration
11periods and fees.
12b. Effective July 1, 2017, excluding registrations by
13contractors that are exempt from the registration fee pursuant
14to this section, the department of public health shall collect
15and transfer to the labor services division a portion of each
16contractor license fee equal to three times the contractor
17registration fee for each three-year license or a prorated
18portion thereof using a one-sixth deduction for each six-month
19period of the renewal cycle.
20 Sec. 1834. Section 91C.2, Code 2023, is amended to read as
21follows:
2291C.2 Registration required — conditions.
23A contractor doing business in this state shall register
24with the labor commissioner director and shall meet all of the
25following requirements as a condition of registration:
261. The contractor shall be in compliance with the laws of
27this state relating to workers’ compensation insurance and
28shall provide evidence of workers’ compensation insurance
29coverage annually, of relief from the insurance requirement
30pursuant to section 87.11, or a statement that the contractor
31is not required to carry workers’ compensation coverage.
32Notice of a policy’s cancellation shall be provided to the
33labor commissioner director by the insurance company.
342. The contractor shall possess an employer account number
35or a special contractor number issued by the department
-1093-1of workforce development pursuant to chapter 96, the Iowa
2employment security law.
33. An out-of-state contractor shall either file a surety
4bond, as provided in section 91C.7, with the division of labor
5services department in the amount of twenty-five thousand
6dollars or shall provide a statement to the division of labor
7services department that the contractor is prequalified to bid
8on projects for the department of transportation pursuant to
9section 314.1.
10 Sec. 1835. Section 91C.3, subsection 1, unnumbered
11paragraph 1, Code 2023, is amended to read as follows:
12The registration application shall be in the form prescribed
13by the labor commissioner director, shall be accompanied by
14the registration fee prescribed pursuant to section 91C.4, and
15shall contain information which is substantially complete and
16accurate. In addition to the information determined by the
17labor commissioner director to be necessary for purposes of
18section 91C.2, the application shall include information as to
19each of the following:
20 Sec. 1836. Section 91C.3, subsection 2, Code 2023, is
21amended to read as follows:
222. Any change in the information provided shall be reported
23promptly to the labor commissioner director.
24 Sec. 1837. Section 91C.4, Code 2023, is amended to read as
25follows:
2691C.4 Fees.
27The labor commissioner director shall prescribe the fee for
28registration, which fee shall not exceed fifty dollars every
29year.
30 Sec. 1838. Section 91C.5, Code 2023, is amended to read as
31follows:
3291C.5 Public registration number — records — revocation.
331. The labor commissioner director shall issue to each
34registered contractor an identifying public registration
35number and shall compile records showing the names and public
-1094-1registration numbers of all contractors registered in the
2state. These records and the complete registration information
3provided by each contractor are public records and the labor
4commissioner director shall take steps as necessary to
5facilitate access to the information by governmental agencies
6and the general public.
72. The labor commissioner director shall revoke a
8registration number when the contractor fails to maintain
9compliance with the conditions necessary to obtain a
10registration. The labor commissioner director shall provide
11a fact-finding interview to assure that the contractor is not
12in compliance before revoking any registration. Hearings on
13revocation of registrations shall be held in accordance with
14section 91C.8.
15 Sec. 1839. Section 91C.6, Code 2023, is amended to read as
16follows:
1791C.6 Rules.
18The labor commissioner director shall adopt rules, pursuant
19to chapter 17A, determined to be reasonably necessary for
20phasing in, administering, and enforcing the system of
21contractor registration established by this chapter.
22 Sec. 1840. Section 91C.7, Code 2023, is amended to read as
23follows:
2491C.7 Contracts — contractor’s bond.
251. A contractor who is not registered with the labor
26commissioner director as required by this chapter shall not be
27awarded a contract to perform work for the state or an agency
28of the state.
292. A surety bond filed pursuant to section 91C.2 shall
30be executed by a surety company authorized to do business in
31this state, and the bond shall be continuous in nature until
32canceled by the surety with not less than thirty days’ written
33notice to the contractor and to the division of labor services
34of the department of workforce development indicating the
35surety’s desire to cancel the bond. The surety company shall
-1095-1not be liable under the bond for any contract commenced after
2the cancellation of the bond. The division of labor services
3of the department of workforce development may increase the
4bond amount after a hearing.
53. Release of the bond shall be conditioned upon the
6payment of all taxes, including contributions due under
7the unemployment compensation insurance system, penalties,
8interest, and related fees, which may accrue to the state
9of Iowa. If at any time during the term of the bond,
10the department of revenue or the department of workforce
11development determines that the amount of the bond is not
12sufficient to cover the tax liabilities accruing to the state
13of Iowa, the labor commissioner director shall require the bond
14to be increased by an amount the labor commissioner director
15 deems sufficient to cover the tax liabilities accrued and
16accruing.
174. The department of revenue and the department of workforce
18development shall adopt rules for the collection of the
19forfeiture. Notice shall be provided to the surety and to
20the contractor. Notice to the contractor shall be mailed to
21the contractor’s last known address and to the contractor’s
22registered agent for service of process, if any, within the
23state. The contractor or surety shall have the opportunity to
24apply to the director of revenue for a hearing within thirty
25days after the giving of such notice. Upon the failure to
26timely request a hearing, the bond shall be forfeited. If,
27after the hearing upon timely request, the department of
28revenue or the department of workforce development finds
29that the contractor has failed to pay the total of all taxes
30payable, the department of revenue or the department of
31workforce development shall order the bond forfeited. The
32amount of the forfeiture shall be the amount of taxes payable
33or the amount of the bond, whichever is less. For purposes of
34this section “taxes payable” means all tax, penalties, interest,
35and fees that the department of revenue has previously
-1096-1determined to be due to the state by assessment or in an appeal
2of an assessment, including contributions to the unemployment
3compensation insurance system.
45. If it is determined that this section may cause denial
5of federal funds which would otherwise be available, or is
6otherwise inconsistent with requirements of federal law, this
7section shall be suspended, but only to the extent necessary to
8prevent denial of the funds or to eliminate the inconsistency
9with federal requirements.
106. The bond required by this section may be attached by the
11commissioner director for collection of fees and penalties due
12to the division.
13 Sec. 1841. Section 91C.8, Code 2023, is amended to read as
14follows:
1591C.8 Investigations — enforcement — administrative
16penalties.
171. The labor commissioner director and inspectors of the
18division of labor services of the department of workforce
19development have jurisdiction for investigation and enforcement
20in cases where contractors may be in violation of the
21requirements of this chapter or rules adopted pursuant to this
22chapter.
232. If, upon investigation, the labor commissioner director
24 or the commissioner’s director’s authorized representative
25believes that a contractor has violated any of the following,
26the commissioner director shall with reasonable promptness
27issue a citation to the contractor:
28a. The requirement that a contractor be registered.
29b. The requirement that the contractor’s registration
30information be substantially complete and accurate.
31c. The requirement that an out-of-state contractor file a
32bond with the division of labor services department.
333. Each citation shall be in writing and shall describe
34with particularity the nature of the violation, including a
35reference to the provision of the statute alleged to have been
-1097-1violated.
24. If a citation is issued, the commissioner director shall,
3within seven days, notify the contractor by service in the
4same manner as an original notice or by certified mail of the
5administrative penalty, if any, proposed to be assessed and
6that the contractor has fifteen working days within which to
7notify the commissioner director that the contractor wishes to
8contest the citation or proposed assessment of penalty.
95. The administrative penalties which may be imposed under
10this section shall be not more than five hundred dollars
11in the case of a first violation and not more than five
12thousand dollars for each violation in the case of a second or
13subsequent violation. All administrative penalties collected
14pursuant to this chapter shall be deposited in the general fund
15of the state.
166. If, within fifteen working days from the receipt of
17the notice, the contractor fails to notify the commissioner
18 director that the contractor intends to contest the citation
19or proposed assessment of penalty, the citation and the
20assessment, as proposed, shall be deemed a final order of the
21employment appeal board and not subject to review by any court
22or agency.
237. If the contractor notifies the commissioner director
24 that the contractor intends to contest the citation or proposed
25assessment of penalty, the commissioner director shall
26immediately advise the employment appeal board established by
27section 10A.601. The employment appeal board shall review the
28action of the commissioner director and shall thereafter issue
29an order, based on findings of fact, affirming, modifying, or
30vacating the commissioner’s director’s citation or proposed
31penalty or directing other appropriate relief, and the order
32shall become final sixty days after its issuance.
338. The labor commissioner director shall notify the
34department of revenue upon final agency action regarding
35the citation and assessment of penalty against a registered
-1098-1contractor.
29. Judicial review of any order of the employment appeal
3board issued pursuant to this section may be sought in
4accordance with the terms of chapter 17A. If no petition
5for judicial review is filed within sixty days after service
6of the order of the employment appeal board, the appeal
7board’s findings of fact and order shall be conclusive in
8connection with any petition for enforcement which is filed
9by the commissioner director after the expiration of the
10sixty-day period. In any such case, the clerk of court, unless
11otherwise ordered by the court, shall forthwith enter a decree
12enforcing the order and shall transmit a copy of the decree to
13the employment appeal board and the contractor named in the
14petition.
15 Sec. 1842. Section 91C.9, subsection 1, Code 2023, is
16amended to read as follows:
171. A contractor registration revolving fund is created in
18the state treasury. The revolving fund shall be administered
19by the commissioner director and shall consist of moneys
20collected by the commissioner director as fees. The
21commissioner director shall remit all fees collected pursuant
22to this chapter to the revolving fund. The moneys in the
23revolving fund are appropriated to and shall be used by the
24commissioner director to pay the actual costs and expenses
25necessary to perform the duties of the commissioner director
26 and the division of labor services department as described in
27this chapter. All salaries and expenses properly chargeable to
28the revolving fund shall be paid from the revolving fund.
29 Sec. 1843. Section 91D.1, subsection 1, paragraph c, Code
302023, is amended to read as follows:
31c. For purposes of determining whether an employee of a
32restaurant, hotel, motel, inn, or cabin, who customarily and
33regularly receives more than thirty dollars a month in tips
34is receiving the minimum hourly wage rate prescribed by this
35section, the amount paid the employee by the employer shall
-1099-1be deemed to be increased on account of the tips by an amount
2determined by the employer, not to exceed forty percent of
3the applicable minimum wage. An employee may file a written
4appeal with the labor commissioner director of the department
5of inspections, appeals, and licensing if the amount of tips
6received by the employee is less than the amount determined by
7the employer under this subsection.
8 Sec. 1844. Section 91D.1, subsection 3, paragraph b,
9subparagraph (2), Code 2023, is amended to read as follows:
10(2) The franchisor has been found by the labor commissioner
11 director of the department of inspections, appeals, and
12licensing to have exercised a type or degree of control over
13the franchisee or the franchisee’s employees that is not
14customarily exercised by a franchisor for the purpose of
15protecting the franchisor’s trademarks and brand.
16 Sec. 1845. Section 91D.1, subsection 5, Code 2023, is
17amended to read as follows:
185. The labor commissioner director of the department of
19inspections, appeals, and licensing shall adopt rules to
20implement and administer this section.
21 Sec. 1846. 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. 1847. 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. 1848. 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
-1100-1and 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. 1849. 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. 1850. NEW SECTION. 92.1B Definition.
32For purposes of this chapter, “director” means the director
33of the department of inspections, appeals, and licensing.
34 Sec. 1851. Section 92.4, subsection 1, Code 2023, is amended
35to read as follows:
-1101- 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. 1852. 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. 1853. 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. 1854. 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. 1855. 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. 1856. 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
-1102-1permit 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. 1857. 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. 1858. 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. 1859. 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. 1860. Section 92.22, Code 2023, is amended to read as
34follows:
3592.22 Labor commissioner Director to enforce — civil penalty
-1103-1— 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,
-1104-1within 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. 1861. 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. 1862. 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
-1105-1of inspections, and appeals, and licensing.
2 Sec. 1863. 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. 1864. 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. 1865. Section 99B.1, subsection 13, Code 2023, is
35amended to read as follows:
-1106- 113. “Department” means the department of inspections, and
2 appeals, and licensing.
3 Sec. 1866. 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. 1867. 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. 1868. 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
-1107-1necessary 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. 1869. 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. 1870. 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. 1871. 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
-1108-1paid 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. 1872. 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. 1873. 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. 1874. 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
-1109-1appropriate 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. 1875. 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. 1876. Section 123.32, subsection 6, paragraph b, Code
-1110-12023, 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. 1877. 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
-1111-1of 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. 1878. 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
-1112-1a 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. 1879. 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. 1880. Section 135.16A, subsection 1, paragraph d, Code
312023, is amended to read as follows:
32d. “Grocery store” means a food establishment as defined
33in section 137F.1 licensed by the department of inspections,
34 and appeals, and licensing pursuant to section 137F.4, to sell
35food or food products to customers intended for preparation or
-1113-1consumption off premises.
2 Sec. 1881. Section 135.16A, subsection 2, paragraph a, Code
32023, is amended to read as follows:
4a. The department of inspections, and appeals, and licensing
5 shall assist the Iowa department of public health in adopting
6rules necessary to implement and administer this section.
7 Sec. 1882. Section 135.63, subsection 2, paragraph g,
8subparagraph (1), subparagraph division (a), Code 2023, is
9amended to read as follows:
10(a) The institutional health facility reports to the
11department the number and type of beds reduced on a form
12prescribed by the department at least thirty days before the
13reduction. In the case of a health care facility, the new bed
14total must be consistent with the number of licensed beds at
15the facility. In the case of a hospital, the number of beds
16must be consistent with bed totals reported to the department
17of inspections, and appeals, and licensing for purposes of
18licensure and certification.
19 Sec. 1883. Section 135B.1, subsection 1, Code 2023, is
20amended to read as follows:
211. “Department” means the department of inspections, and
22 appeals, and licensing.
23 Sec. 1884. Section 135C.1, subsections 4, 6, and 20, Code
242023, are amended to read as follows:
254. “Department” means the department of inspections, and
26 appeals, and licensing.
276. “Director” means the director of the department of
28inspections, and appeals, and licensing, or the director’s
29designee.
3020. “Residential care facility” means any institution,
31place, building, or agency providing for a period exceeding
32twenty-four consecutive hours accommodation, board, personal
33assistance and other essential daily living activities to
34three or more individuals, not related to the administrator or
35owner thereof within the third degree of consanguinity, who by
-1114-1reason of illness, disease, or physical or mental infirmity
2are unable to sufficiently or properly care for themselves but
3who do not require the services of a registered or licensed
4practical nurse except on an emergency basis or who by reason
5of illness, disease, or physical or mental infirmity are unable
6to sufficiently or properly care for themselves but who do not
7require the services of a registered or licensed practical
8nurse except on an emergency basis if home and community-based
9services, other than nursing care, as defined by this chapter
10and departmental rule, are provided. For the purposes of
11this definition, the home and community-based services to be
12provided are limited to the type included under the medical
13assistance program provided pursuant to chapter 249A, are
14subject to cost limitations established by the department of
15human services under the medical assistance program, and except
16as otherwise provided by the department of inspections, and
17 appeals, and licensing with the concurrence of the department
18of human services, are limited in capacity to the number of
19licensed residential care facilities and the number of licensed
20residential care facility beds in the state as of December 1,
212003.
22 Sec. 1885. Section 135C.4, subsection 3, Code 2023, is
23amended to read as follows:
243. For the purposes of this section, the home and
25community-based services to be provided shall be limited to the
26type included under the medical assistance program provided
27pursuant to chapter 249A, shall be subject to cost limitations
28established by the department of human services under the
29medical assistance program, and except as otherwise provided by
30the department of inspections, and appeals, and licensing with
31the concurrence of the department of human services, shall be
32limited in capacity to the number of licensed residential care
33facilities and the number of licensed residential care facility
34beds in the state as of December 1, 2003.
35 Sec. 1886. Section 135C.19, subsection 3, Code 2023, is
-1115-1amended to read as follows:
23. If the facility cited subsequently advises the
3department of human services that the violation has been
4corrected to the satisfaction of the department of inspections,
5 and appeals, and licensing, the department of human services
6shall maintain this advisory in the same file with the copy
7of the citation. The department of human services shall
8not disseminate to the public any information regarding
9citations issued by the department of inspections, and appeals,
10and licensing, but shall forward or refer inquiries to the
11department of inspections, and appeals, and licensing.
12 Sec. 1887. Section 135C.31A, subsection 1, Code 2023, is
13amended to read as follows:
141. A health care facility shall assist the Iowa department
15of veterans affairs in identifying, upon admission of a
16resident, the resident’s eligibility for benefits through the
17United States department of veterans affairs. The department
18of inspections, and appeals, and licensing, in cooperation
19with the department of human services, shall adopt rules to
20administer this section, including a provision that ensures
21that if a resident is eligible for benefits through the United
22States department of veterans affairs or other third-party
23payor, the payor of last resort for reimbursement to the
24health care facility is the medical assistance program.
25The rules shall also require the health care facility to
26request information from a resident or resident’s personal
27representative regarding the resident’s veteran status and to
28report to the Iowa department of veterans affairs only the
29names of residents identified as potential veterans along with
30the names of their spouses and any dependents. Information
31reported by the health care facility shall be verified by the
32Iowa department of veterans affairs. This section shall not
33apply to the admission of an individual to a state mental
34health institute for acute psychiatric care or to the admission
35of an individual to the Iowa veterans home.
-1116-1 Sec. 1888. Section 135C.31A, subsection 2, paragraph b,
2Code 2023, is amended to read as follows:
3b. The department of inspections, and appeals, and
4licensing, the department of veterans affairs, and the
5department of human services shall identify any barriers
6to residents in accessing such prescription drug benefits
7and shall assist health care facilities in adjusting their
8procedures for medication administration to comply with this
9subsection.
10 Sec. 1889. Section 135C.33, subsection 7, paragraph a, Code
112023, is amended to read as follows:
12a. The department of inspections, and appeals, and
13licensing, in conjunction with other departments and agencies
14of state government involved with criminal history and
15abuse registry information, shall establish a single contact
16repository for facilities and other providers to have
17electronic access to data to perform background checks for
18purposes of employment, as required of the facilities and other
19providers under this section.
20 Sec. 1890. Section 135C.34, Code 2023, is amended to read
21as follows:
22135C.34 Medication aide — certification.
23The department of inspections, and appeals, and licensing,
24in cooperation with other appropriate agencies, shall establish
25a procedure to allow a person who is certified as a medication
26aide in another state to become certified in this state upon
27completion and passage of both the certified nurse aide and
28certified medication aide challenge examinations, without
29additional requirements for certification, including but
30not limited to, required employment in this state prior to
31certification. The department shall adopt rules pursuant to
32chapter 17A to administer this section.
33 Sec. 1891. Section 135G.1, subsection 2, Code 2023, is
34amended to read as follows:
352. “Department” means the department of inspections, and
-1117-1 appeals, and licensing.
2 Sec. 1892. Section 135G.10, subsection 1, unnumbered
3paragraph 1, Code 2023, is amended to read as follows:
4The department of inspections, and appeals, and licensing
5 and the department of human services shall collaborate
6in establishing standards for licensing of subacute care
7facilities to achieve all of the following objectives:
8 Sec. 1893. Section 135G.10, subsection 3, Code 2023, is
9amended to read as follows:
103. The department of inspections, and appeals, and
11licensing, in consultation with the department of human
12services and affected professional groups, shall adopt and
13enforce rules setting out the standards for a subacute care
14facility and the rights of the residents admitted to a subacute
15care facility. The department of inspections, and appeals, and
16licensing and the department of human services shall coordinate
17the adoption of rules and the enforcement of the rules in order
18to prevent duplication of effort by the departments and of
19requirements of the licensee.
20 Sec. 1894. Section 135G.11, subsection 2, Code 2023, is
21amended to read as follows:
222. Upon receipt of a complaint made in accordance with
23subsection 1, the department shall make a preliminary review
24of the complaint. Unless the department concludes that the
25complaint is intended to harass a subacute care facility or
26a licensee or is without reasonable basis, it shall within
27twenty working days of receipt of the complaint make or cause
28to be made an on-site inspection of the subacute care facility
29which is the subject of the complaint. The department of
30inspections, and appeals, and licensing may refer to the
31department of human services any complaint received by the
32department of inspections, and appeals, and licensing if the
33complaint applies to rules adopted by the department of human
34services. The complainant shall also be notified of the name,
35address, and telephone number of the designated protection and
-1118-1advocacy agency if the alleged violation involves a facility
2with one or more residents with a developmental disability or
3mental illness. In any case, the complainant shall be promptly
4informed of the result of any action taken by the department
5in the matter.
6 Sec. 1895. Section 135H.1, subsection 1, Code 2023, is
7amended to read as follows:
81. “Department” means the department of inspections, and
9 appeals, and licensing.
10 Sec. 1896. Section 135H.10, subsection 1, Code 2023, is
11amended to read as follows:
121. The department of inspections and appeals, in
13consultation with the department of human services and affected
14professional groups, shall adopt and enforce rules setting
15out the standards for a psychiatric medical institution
16for children and the rights of the residents admitted to a
17psychiatric institution. The department of inspections and
18appeals and the department of human services shall coordinate
19the adoption of rules and the enforcement of the rules in order
20to prevent duplication of effort by the departments and of
21requirements of the licensee.
22 Sec. 1897. 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 a
28licensee or is without reasonable basis, it shall within twenty
29working days of receipt of the complaint make or cause to be
30made an on-site inspection of the psychiatric institution which
31is the subject of the complaint. The department of inspections
32and appeals may refer to the department of human services any
33complaint received by the department if the complaint applies
34to rules adopted by the department of human services. The
35complainant shall also be notified of the name, address, and
-1119-1telephone number of the designated protection and advocacy
2agency if the alleged violation involves a facility with one
3or more residents with developmental disabilities or mental
4illness. In any case, the complainant shall be promptly
5informed of the result of any action taken by the department
6in the matter.
7 Sec. 1898. Section 135J.1, subsection 3, Code 2023, is
8amended to read as follows:
93. “Department” means the department of inspections, and
10 appeals, and licensing.
11 Sec. 1899. Section 135J.2, subsection 2, Code 2023, is
12amended to read as follows:
132. The hospice program shall meet the criteria pursuant
14to section 135J.3 before a license is issued. The department
15of inspections and appeals is responsible to provide the
16necessary personnel to inspect the hospice program, the home
17care and inpatient care provided and the hospital or facility
18used by the hospice to determine if the hospice complies with
19necessary standards before a license is issued. Hospices that
20are certified as Medicare hospice providers by the department
21of inspections and appeals or are accredited as hospices by
22the joint commission on the accreditation of health care
23organizations, shall be licensed without inspection by the
24department of inspections and appeals.
25 Sec. 1900. Section 135J.4, Code 2023, is amended to read as
26follows:
27135J.4 Inspection.
28The department of inspections and appeals shall make or be
29responsible for inspections of the hospice program, the home
30care and the inpatient care provided in the hospice program,
31and the hospital or facility before a license is issued. The
32department of inspections and appeals shall inspect the hospice
33program periodically after initial inspection.
34 Sec. 1901. Section 135O.1, subsections 1 and 2, Code 2023,
35are amended to read as follows:
-1120- 11. “Boarding home” means a premises used by its owner
2or lessee for the purpose of letting rooms for rental to
3three or more persons not related within the third degree of
4consanguinity to the owner or lessee where supervision or
5assistance with activities of daily living is provided to such
6persons. A boarding home does not include a facility, home,
7or program otherwise subject to licensure or regulation by the
8department of health and human services, or the department of
9inspections and appeals, or department of public health.
102. “Department” means the department of inspections, and
11 appeals, and licensing.
12 Sec. 1902. Section 135O.2, subsection 2, Code 2023, is
13amended to read as follows:
142. The department of inspections and appeals shall adopt
15rules to administer this chapter in consultation with the
16departments of human services and public safety.
17 Sec. 1903. Section 135O.3, subsection 2, paragraph a, Code
182023, is amended to read as follows:
19a. The interagency approach may involve a multidisciplinary
20team consisting of employees of the department of inspections
21and appeals, the department of human services, the state fire
22marshal, and the division of criminal investigation of the
23department of public safety, or other local, state, and federal
24agencies.
25 Sec. 1904. Section 135O.3, subsection 4, Code 2023, is
26amended to read as follows:
274. If the department or a multidisciplinary team has
28probable cause to believe that a boarding home is in violation
29of this chapter or licensing or other regulatory requirements
30of the department of human services, department of inspections
31and appeals, or department of public health, or that dependent
32adult abuse of any individual living in a boarding home
33has occurred, and upon producing proper identification, is
34denied entry to the boarding home or access to any individual
35living in the boarding home for the purpose of making an
-1121-1inspection or conducting an investigation, the department or
2multidisciplinary team may, with the assistance of the county
3attorney of the county in which the boarding home is located,
4apply to the district court for an order requiring the owner or
5lessee to permit entry to the boarding home and access to the
6individuals living in the boarding home.
7 Sec. 1905. Section 135Q.1, subsection 1, Code 2023, is
8amended to read as follows:
91. “Department” means the department of inspections, and
10 appeals, and licensing.
11 Sec. 1906. Section 137C.2, subsections 2 and 3, Code 2023,
12are amended to read as follows:
132. “Director” means the director of the department of
14inspections, and appeals, and licensing or the director’s
15designee.
163. “Department” means the department of inspections, and
17 appeals, and licensing.
18 Sec. 1907. Section 137D.1, subsection 1, Code 2023, is
19amended to read as follows:
201. “Department” means the department of inspections, and
21 appeals, and licensing.
22 Sec. 1908. Section 137F.1, subsections 4 and 5, Code 2023,
23are amended to read as follows:
244. “Department” means the department of inspections, and
25 appeals, and licensing.
265. “Director” means the director of the department of
27inspections, and appeals, and licensing.
28 Sec. 1909. Section 137F.3A, Code 2023, is amended to read
29as follows:
30137F.3A Municipal corporation inspections — contingent
31appropriation.
321. a. The department of inspections and appeals may employ
33additional full-time equivalent positions to enforce the
34provisions of this chapter and chapters 137C and 137D, with
35the approval of the department of management, if either of the
-1122-1following apply:
2(1) A municipal corporation operating pursuant to a chapter
328E agreement with the department of inspections and appeals
4 to enforce the chapters either fails to renew the agreement
5effective after April 1, 2007, or discontinues, after April
61, 2007, enforcement activities in one or more jurisdictions
7during the agreement time frame.
8(2) The department of inspections and appeals cancels an
9agreement after April 1, 2007, due to noncompliance with the
10terms of the agreement.
11b. Before approval may be given, the director of the
12department of management must have determined that the expenses
13exceed the funds budgeted by the general assembly for food
14inspections to the department of inspections and appeals. The
15department of inspections and appeals may hire no more than one
16full-time equivalent position for each six hundred inspections
17required pursuant to this chapter and chapters 137C and 137D.
182. Notwithstanding chapter 137D, and sections 137C.9 and
19137F.6, if the conditions described in this section are met,
20fees imposed pursuant to that chapter and those sections
21shall be retained by and are appropriated to the department
22of inspections and appeals each fiscal year to provide for
23salaries, support, maintenance, and miscellaneous purposes
24associated with the additional inspections. The appropriation
25made in this subsection is not applicable in a fiscal year for
26which the general assembly enacts an appropriation made for the
27purposes described in this subsection.
28 Sec. 1910. Section 147.77, subsection 1, paragraph g,
29unnumbered paragraph 1, Code 2023, is amended to read as
30follows:
31The department of inspections, and appeals, and licensing,
32with respect to rules relating to the following:
33 Sec. 1911. Section 147.77, subsection 1, paragraph g, Code
342023, is amended by adding the following new subparagraphs:
35 NEW SUBPARAGRAPH. (6) For applications for a license to
-1123-1practice asbestos removal, that except as noted in rule, only
2worker and contractor/supervisor license applicants must submit
3the respiratory protection and physician’s certification forms.
4 NEW SUBPARAGRAPH. (7) For documentation held by persons
5licensed for asbestos abatement in an area that is subject to
6a disaster emergency proclamation, that the director of the
7department of inspections, appeals, and licensing deems an
8individual contractor, supervisor, or worker to be licensed
9and authorized for asbestos abatement if the individual, in
10addition to other specified conditions, makes immediately
11available on the work site a copy of a physician’s statement
12indicating that, consistent with federal law, a licensed
13physician has examined the individual within the past twelve
14months and approved the individual to work while wearing a
15respirator.
16 NEW SUBPARAGRAPH. (8) That the contents of an application
17for an event license for a covered athletic event other than a
18professional wrestling event shall contain, along with other
19requirements, a copy of the medical license of the ringside
20physician and the date, time, and location of the ringside
21physician’s examination of the contestants.
22 NEW SUBPARAGRAPH. (9) For the responsibilities of the
23promoter of an athletic event, that the promoter submit test
24results to the ringside physician no later than at the time of
25the physical showing that each contestant scheduled for the
26event tested negative for the human immunodeficiency, hepatitis
27B, and hepatitis C viruses within the one-year period prior to
28the event, and that the contestant shall not participate and
29the physician shall notify the promoter that the contestant is
30prohibited from participating for medical reasons if specified
31circumstances occur.
32 NEW SUBPARAGRAPH. (10) For injuries during a professional
33boxing match, that if a contestant claims to be injured during
34the bout, the referee shall stop the bout and request the
35attending physician to make an examination. If the physician
-1124-1decides that the contestant has been injured as the result of a
2foul, the physician shall advise the referee of the injury. If
3the physician is of the opinion that the injured contestant may
4be able to continue, the physician shall order an intermission,
5after which the physician shall make another examination and
6again advise the referee of the injured contestant’s condition.
7It shall be the duty of the promoter to have an approved
8physician in attendance during the entire duration of all
9bouts.
10 NEW SUBPARAGRAPH. (11) For persons allowed in a ring during
11a professional boxing match, that no person other than the
12contestants and the referee shall enter the ring during the
13bout, excepting the seconds between the rounds or the attending
14physician if asked by the referee to examine an injury to a
15contestant.
16 NEW SUBPARAGRAPH. (12) For the weighing of contestants in
17a professional boxing match, that contestants shall be weighed
18and examined on the day of the scheduled match by the attending
19ring physician at a time and place to be determined by the
20state commissioner of athletics.
21 NEW SUBPARAGRAPH. (13) For attending ring physicians
22during a professional boxing match, that when a boxer has been
23injured seriously, knocked out, or technically knocked out, the
24referee shall immediately summon the attending ring physician
25to aid the stricken boxer, and that managers, handlers, and
26seconds shall not attend to the stricken boxer, except at the
27request of the physician.
28 NEW SUBPARAGRAPH. (14) For the keeping of time during a
29professional boxing match, that the timekeeper shall keep an
30exact record of time taken out at the request of a referee for
31an examination of a contestant by the physician.
32 NEW SUBPARAGRAPH. (15) For the suspension of contestants
33during a professional boxing match that is an elimination
34tournament, that a contestant who for specified reasons is not
35permitted to box in the state for a period of time shall be
-1125-1examined by a physician approved by the state commissioner of
2athletics before being permitted to fight again.
3 NEW SUBPARAGRAPH. (16) For the designation of officials for
4professional kickboxing, that the designation of physicians is
5subject to the approval of the state commissioner of athletics
6or designee.
7 NEW SUBPARAGRAPH. (17) For officials for a mixed martial
8arts event, that officials shall include a physician.
9 NEW SUBPARAGRAPH. (18) For the keeping of time for a mixed
10martial arts event, that the timekeeper shall keep an exact
11record of time taken out at the request of a referee for an
12examination of a contestant by the physician.
13 NEW SUBPARAGRAPH. (19) For persons allowed in the cage
14during a mixed martial arts event, that a physician may enter
15the cage to examine a contestant upon the request of the
16referee.
17 NEW SUBPARAGRAPH. (20) For the decorum of persons involved
18in a mixed martial arts event, that a contestant is exempt
19from prohibitions on specified conduct while interacting with
20the contestant’s opponent during a round, but if the round
21is stopped by the physician or referee for a time out, the
22prohibitions shall apply to the contestant.
23 NEW SUBPARAGRAPH. (21) For the examination of contestants
24in a mixed martial arts event, that on the day of the event,
25at a time and place to be approved by the state commissioner
26of athletics, the ringside physician shall conduct a rigorous
27physical examination to determine the contestant’s fitness
28to participate in a mixed martial arts match, and that
29a contestant deemed not fit by the physician shall not
30participate in the event.
31 NEW SUBPARAGRAPH. (22) For injuries during a mixed martial
32arts event, that if a contestant claims to be injured or
33when a contestant has been injured seriously or knocked out,
34the referee shall immediately stop the fight and summon the
35attending ring physician to make an examination of the stricken
-1126-1fighter. If the physician decides that the contestant has
2been injured, the physician shall advise the referee of the
3severity of the injury. If the physician is of the opinion the
4injured contestant may be able to continue, the physician shall
5order an intermission, after which the physician shall make
6another examination and again advise the referee of the injured
7contestant’s condition. Managers, handlers, and seconds shall
8not attend to the stricken fighter, except at the request of
9the physician.
10 Sec. 1912. Section 147.77, subsection 1, paragraph p,
11unnumbered paragraph 1, Code 2023, is amended to read as
12follows:
13The labor services division of the department of workforce
14development inspections, appeals, and licensing, with respect
15to rules relating to the following:
16 Sec. 1913. Section 147.77, subsection 1, paragraph p,
17subparagraphs (3) through (19), Code 2023, are amended by
18striking the subparagraphs.
19 Sec. 1914. Section 147.87, Code 2023, is amended to read as
20follows:
21147.87 Enforcement.
22A board shall enforce the provisions of this chapter and the
23board’s enabling statute and for that purpose may request the
24department of inspections, and appeals, and licensing to make
25necessary investigations. Every licensee and member of a board
26shall furnish the board or the department of inspections, and
27 appeals, and licensing such evidence as the member or licensee
28may have relative to any alleged violation which is being
29investigated.
30 Sec. 1915. Section 147.88, Code 2023, is amended to read as
31follows:
32147.88 Inspections and investigations.
33The department of inspections, and appeals, and licensing
34 may perform inspections and investigations as required by this
35subtitle, except inspections and investigations for the board
-1127-1of medicine, board of pharmacy, board of nursing, and the
2dental board. The department of inspections, and appeals, and
3licensing shall employ personnel related to the inspection and
4investigative functions.
5 Sec. 1916. Section 155A.13, subsection 4, paragraph b, Code
62023, is amended to read as follows:
7b. To the maximum extent possible, the board shall
8coordinate the rules with the standards and conditions
9described in paragraph “a”, subparagraph (4), and shall
10coordinate its inspections of hospital pharmacies with the
11Medicare surveys of the department of inspections, and appeals,
12and licensing and with the board’s inspections with respect to
13controlled substances conducted under contract with the federal
14government.
15 Sec. 1917. Section 155A.15, subsection 2, paragraph d,
16subparagraph (5), Code 2023, is amended to read as follows:
17(5) A licensed health care facility which is furnished
18the drug or device by a pharmacy for storage in secured
19emergency pharmaceutical supplies containers maintained within
20the facility in accordance with rules of the department of
21inspections, and appeals, and licensing and rules of the board.
22 Sec. 1918. Section 169.14, subsection 1, Code 2023, is
23amended to read as follows:
241. The board, upon its own motion or upon a verified
25complaint in writing, may request the department of
26inspections, and appeals, and licensing to conduct an
27investigation of the charges contained in the complaint. The
28department of inspections, and appeals, and licensing shall
29report its findings to the board, and the board may issue an
30order fixing the time and place for hearing if a hearing is
31deemed warranted. A written notice of the time and place of
32the hearing, together with a statement of the charges, shall
33be served upon the licensee at least ten days before the
34hearing in the manner required for the service of notice of the
35commencement of an ordinary action.
-1128-1 Sec. 1919. Section 190B.102, subsection 3, Code 2023, is
2amended to read as follows:
33. The department of agriculture and land stewardship, the
4department of public health, the department of human services,
5and the department of inspections, and appeals, and licensing
6 shall cooperate with the department of revenue to administer
7this subchapter.
8 Sec. 1920. Section 217.34, Code 2023, is amended to read as
9follows:
10217.34 Debt setoff.
11The investigations division of the department of
12inspections, and appeals, and licensing and the department of
13human services shall provide assistance to set off against a
14person’s or provider’s income tax refund or rebate any debt
15which has accrued through written contract, nonpayment of
16premiums pursuant to section 249A.3, subsection 2, paragraph
17“a”, subparagraph (1), subrogation, departmental recoupment
18procedures, or court judgment and which is in the form of a
19liquidated sum due and owing the department of human services.
20The department of inspections, and appeals, and licensing,
21with approval of the department of human services, shall adopt
22rules under chapter 17A necessary to assist the department of
23administrative services in the implementation of the setoff
24under section 8A.504 in regard to money owed to the state for
25public assistance overpayments or nonpayment of premiums as
26specified in this section. The department of human services
27shall adopt rules under chapter 17A necessary to assist the
28department of administrative services in the implementation of
29the setoff under section 8A.504, in regard to collections by
30the child support recovery unit and the foster care recovery
31unit.
32 Sec. 1921. Section 217.35, unnumbered paragraph 1, Code
332023, is amended to read as follows:
34Notwithstanding the requirement for deposit of recovered
35moneys under section 239B.14, recovered moneys generated
-1129-1through fraud and recoupment activities are appropriated to
2the department of human services to be used for additional
3fraud and recoupment activities performed by the department of
4human services or the department of inspections, and appeals,
5and licensing. The department of human services may use
6the recovered moneys appropriated to add not more than five
7full-time equivalent positions, in addition to those funded
8by annual appropriations. The appropriation of the recovered
9moneys is subject to both of the following conditions:
10 Sec. 1922. Section 225C.4, subsection 1, paragraphs t and u,
11Code 2023, are amended to read as follows:
12t. In cooperation with the department of inspections, and
13 appeals, and licensing, recommend minimum standards under
14section 227.4 for the care of and services to persons with
15mental illness or an intellectual disability residing in county
16care facilities. The administrator shall also cooperate with
17the department of inspections, and appeals, and licensing
18 in recommending minimum standards for care of and services
19provided to persons with mental illness or an intellectual
20disability living in a residential care facility regulated
21under chapter 135C.
22u. In cooperation with the Iowa department of public health,
23recommend minimum standards for the maintenance and operation
24of public or private facilities offering disability services,
25which are not subject to licensure by the department or the
26department of inspections, and appeals, and licensing.
27 Sec. 1923. Section 225C.6, subsection 1, paragraph e, Code
282023, is amended to read as follows:
29e. Unless another governmental body sets standards for a
30service available to persons with disabilities, adopt state
31standards for that service. The commission shall review the
32licensing standards used by the department of human services or
33department of inspections, and appeals, and licensing for those
34facilities providing disability services.
35 Sec. 1924. Section 225C.6, subsection 4, paragraph a, Code
-1130-12023, is amended to read as follows:
2a. The department shall coordinate with the department of
3inspections, and appeals, and licensing in the establishment
4of facility-based and community-based, subacute mental health
5services.
6 Sec. 1925. Section 227.4, Code 2023, is amended to read as
7follows:
8227.4 Standards for care of persons with mental illness or an
9intellectual disability in county care facilities.
10The administrator, in cooperation with the department of
11inspections, and appeals, and licensing, shall recommend
12and the mental health and disability services commission
13created in section 225C.5 shall adopt, or amend and adopt,
14standards for the care of and services to persons with mental
15illness or an intellectual disability residing in county care
16facilities. The standards shall be enforced by the department
17of inspections, and appeals, and licensing as a part of the
18licensure inspection conducted pursuant to chapter 135C. The
19objective of the standards is to ensure that persons with
20mental illness or an intellectual disability who are residents
21of county care facilities are not only adequately fed, clothed,
22and housed, but are also offered reasonable opportunities for
23productive work and recreational activities suited to their
24physical and mental abilities and offering both a constructive
25outlet for their energies and, if possible, therapeutic
26benefit. When recommending standards under this section,
27the administrator shall designate an advisory committee
28representing administrators of county care facilities, regional
29administrators, mental health and disability services region
30governing boards, and county care facility certified volunteer
31long-term care ombudsmen to assist in the establishment of
32standards.
33 Sec. 1926. Section 231.42, subsections 4 and 10, Code 2023,
34are amended to read as follows:
354. Referrals of abuse, neglect, or exploitation.
-1131- 1a. If abuse, neglect, or exploitation of a resident or
2tenant is suspected, the state or a local long-term care
3ombudsman shall, with the permission of the resident or tenant
4as applicable under federal law, make an immediate referral to
5the department of inspections, and appeals, and licensing, the
6department of human services, the department on aging, or the
7appropriate law enforcement agency, as applicable.
8b. If the department of inspections, and appeals, and
9licensing responds to a complaint referred by the state or
10a local long-term care ombudsman against a long-term care
11facility, assisted living program, elder group home, or an
12employee of such entity, copies of related inspection reports,
13plans of correction, and notice of any citations and sanctions
14levied against the facility, program, or home shall be
15forwarded to the office of long-term care ombudsman.
1610. Change in operations. A long-term care facility,
17assisted living program, or elder group home shall inform the
18office of long-term care ombudsman in writing at least thirty
19days prior to any change in operations, programs, services,
20licensure, or certification that affects residents or tenants,
21including but not limited to the intention to close, decertify,
22or change ownership. In an emergency situation, or when a
23long-term care facility, assisted living program, or elder
24group home is evacuated, the department of inspections, and
25 appeals, and licensing shall notify the office of long-term
26care ombudsman.
27 Sec. 1927. Section 231.58, Code 2023, is amended to read as
28follows:
29231.58 Long-term living coordination.
30The director may convene meetings, as necessary, of the
31director and the directors of human services, public health,
32and inspections, and appeals, and licensing, to assist in
33the coordination of policy, service delivery, and long-range
34planning relating to the long-term living system and older
35Iowans in the state. The group may consult with individuals,
-1132-1institutions and entities with expertise in the area of the
2long-term living system and older Iowans, as necessary, to
3facilitate the group’s efforts.
4 Sec. 1928. Section 231B.1, subsection 1, Code 2023, is
5amended to read as follows:
61. “Department” means the department of inspections, and
7 appeals, and licensing or the department’s designee.
8 Sec. 1929. Section 231C.2, subsection 4, Code 2023, is
9amended to read as follows:
104. “Department” means the department of inspections, and
11 appeals, and licensing or the department’s designee.
12 Sec. 1930. Section 231C.5A, Code 2023, is amended to read
13as follows:
14231C.5A Assessment of tenants — program eligibility.
15An assisted living program receiving reimbursement through
16the medical assistance program under chapter 249A shall
17assist the department of veterans affairs in identifying, upon
18admission of a tenant, the tenant’s eligibility for benefits
19through the United States department of veterans affairs. The
20assisted living program shall also assist the commission of
21veterans affairs in determining such eligibility for tenants
22residing in the program on July 1, 2009. 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 tenant 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
29assisted living program is the medical assistance program.
30The rules shall also require the assisted living program
31to request information from a tenant or tenant’s personal
32representative regarding the tenant’s veteran status and to
33report to the department of veterans affairs only the names of
34tenants identified as potential veterans along with the names
35of their spouses and any dependents. Information reported by
-1133-1the assisted living program shall be verified by the department
2of veterans affairs.
3 Sec. 1931. Section 231D.1, subsection 3, Code 2023, is
4amended to read as follows:
53. “Department” means the department of inspections, and
6 appeals, and licensing.
7 Sec. 1932. Section 232.142, subsection 5, Code 2023, is
8amended to read as follows:
95. The director, the director of the department of human
10rights, or a designee of the director of the department of
11human rights shall approve annually all such homes established
12and maintained under the provisions of this chapter. A home
13shall not be approved unless it complies with minimal rules and
14standards adopted by the director and has been inspected by the
15department of inspections, and appeals, and licensing. The
16statewide number of beds in the homes approved by the director
17shall not exceed two hundred seventy-two beds beginning July 1,
182017. This subsection is repealed July 1, 2023.
19 Sec. 1933. Section 234.12, subsection 3, Code 2023, is
20amended to read as follows:
213. Upon request by the department of human services, the
22department of inspections, and appeals, and licensing shall
23conduct investigations into possible fraudulent practices,
24as described in section 234.13, relating to food programs
25administered by the department of human services.
26 Sec. 1934. Section 235.5, Code 2023, is amended to read as
27follows:
28235.5 Inspections.
29The department of inspections, and appeals, and licensing
30 shall conduct inspections of private institutions for the care
31of dependent, neglected, and delinquent children in accordance
32with procedures established pursuant to chapters 10A and 17A.
33 Sec. 1935. Section 235A.15, subsection 2, paragraph e,
34subparagraph (17), Code 2023, is amended to read as follows:
35(17) To the department of inspections, and appeals, and
-1134-1licensing for purposes of record checks of applicants for
2employment with the department of inspections, and appeals, and
3licensing.
4 Sec. 1936. Section 235A.16, subsection 2, paragraph b, Code
52023, is amended to read as follows:
6b. The department of inspections, and appeals, and licensing
7 may provide access to the single contact repository established
8under section 135C.33, subsection 7, for criminal and abuse
9history checks made by those employers, agencies, and other
10persons that are authorized access to child abuse information
11under section 235A.15 and are required by law to perform such
12checks.
13 Sec. 1937. Section 235B.1, subsection 4, paragraph a,
14subparagraph (1), Code 2023, is amended to read as follows:
15(1) Advise the director of human services, the director
16of the department on aging, the director of inspections, and
17 appeals, and licensing, the director of public health, the
18director of the department of corrections, and the director of
19human rights regarding dependent adult abuse.
20 Sec. 1938. Section 235B.1, subsection 4, paragraph b,
21subparagraph (1), Code 2023, is amended to read as follows:
22(1) The advisory council shall consist of twelve members.
23Eight members shall be appointed by and serve at the pleasure
24of the governor. Four of the members appointed shall be
25appointed on the basis of knowledge and skill related to
26expertise in the area of dependent adult abuse including
27professionals practicing in the disciplines of medicine, public
28health, mental health, long-term care, social work, law,
29and law enforcement. Two of the members appointed shall be
30members of the general public with an interest in the area of
31dependent adult abuse and two of the members appointed shall
32be members of the Iowa caregivers association. In addition,
33the membership of the council shall include the director or the
34director’s designee of the department of human services, the
35department on aging, the Iowa department of public health, and
-1135-1the department of inspections, and appeals, and licensing.
2 Sec. 1939. Section 235B.3, subsection 1, paragraph a,
3subparagraphs (2), (3), and (4), Code 2023, are amended to read
4as follows:
5(2) However, the department of inspections, and appeals,
6and licensing is solely responsible for the evaluation and
7disposition of dependent adult abuse cases within facilities
8and programs pursuant to chapter 235E and shall inform
9the department of human services of such evaluations and
10dispositions pursuant to section 235E.2.
11(3) If, in the course of an assessment or evaluation
12of a report of dependent adult abuse, the department of
13human services or the department of inspections and appeals
14 determines the case involves wages, workplace safety, or
15other labor and employment matters under the jurisdiction of
16the department of inspections, appeals, and licensing or the
17 division of labor services of the department of workforce
18development inspections, appeals, and licensing, the relevant
19portions of the case shall be referred to the department
20of inspections, appeals, and licensing or the division, as
21applicable.
22(4) If, in the course of an assessment or evaluation of
23a report of dependent adult abuse, the department of human
24services or the department of inspections, and appeals, and
25licensing determines that the case involves discrimination
26under the jurisdiction of the civil rights commission,
27the relevant portions of the case shall be referred to the
28commission.
29 Sec. 1940. Section 235B.3, subsection 10, paragraph a, Code
302023, is amended to read as follows:
31a. If, upon completion of the evaluation or upon referral
32from the department of inspections, and appeals, and
33licensing, the department determines that the best interests
34of the dependent adult require court action, the department
35shall initiate action for the appointment of a guardian or
-1136-1conservator or for admission or commitment to an appropriate
2institution or facility pursuant to the applicable procedures
3under chapter 125, 222, 229, or 633, or shall pursue other
4remedies provided by law. The appropriate county attorney
5shall assist the department in the preparation of the necessary
6papers to initiate the action and shall appear and represent
7the department at all district court proceedings.
8 Sec. 1941. Section 235B.3, subsection 14, Code 2023, is
9amended to read as follows:
1014. The department of inspections, and appeals, and
11licensing shall adopt rules which require facilities or
12programs to separate an alleged dependent adult abuser from a
13victim following an allegation of perpetration of abuse and
14prior to the completion of an investigation of the allegation.
15 Sec. 1942. Section 235B.5, subsection 5, Code 2023, is
16amended to read as follows:
175. An oral report of suspected dependent adult abuse
18initially made to the central registry regarding a facility or
19program as defined in section 235E.1 shall be transmitted by
20the department to the department of inspections, and appeals,
21and licensing on the first working day following the submitting
22of the report.
23 Sec. 1943. Section 235B.6, subsection 2, paragraph e,
24subparagraph (9), Code 2023, is amended to read as follows:
25(9) The department of inspections, and appeals, and
26licensing for purposes of record checks of applicants for
27employment with the department of inspections, and appeals, and
28licensing.
29 Sec. 1944. Section 235B.7, subsection 2, paragraph b, Code
302023, is amended to read as follows:
31b. The department of inspections, and appeals, and licensing
32 may provide access to the single contact repository established
33under section 135C.33, subsection 7, for criminal and abuse
34history checks made by those employers, agencies, and other
35persons that are authorized access to dependent adult abuse
-1137-1information under section 235B.6 and are required by law to
2perform such checks.
3 Sec. 1945. Section 235B.16, subsections 2 and 4, Code 2023,
4are amended to read as follows:
52. The department, in cooperation with the department
6on aging and the department of inspections, and appeals, and
7licensing, shall institute a program of education and training
8for persons, including members of provider groups and family
9members, who may come in contact with dependent adult abuse.
10The program shall include but is not limited to instruction
11regarding recognition of dependent adult abuse and the
12procedure for the reporting of suspected abuse.
134. The department of inspections, and appeals, and
14licensing shall provide training to investigators regarding
15the collection and preservation of evidence in the case of
16suspected dependent adult abuse.
17 Sec. 1946. Section 235B.16A, subsection 4, Code 2023, is
18amended to read as follows:
194. The department of human services shall cooperate with
20the department on aging, the departments of inspections, and
21 appeals, and licensing, public health, public safety, and
22workforce development, the civil rights commission, and other
23state and local agencies performing inspections or otherwise
24visiting residential settings where dependent adults live,
25to regularly provide training to the appropriate staff in
26the agencies concerning each agency’s procedures involving
27dependent adults, and to build awareness concerning dependent
28adults and reporting of dependent adult abuse.
29 Sec. 1947. Section 235E.1, subsection 3, Code 2023, is
30amended to read as follows:
313. “Department” means the department of inspections, and
32 appeals, and licensing.
33 Sec. 1948. Section 235E.2, subsection 5, Code 2023, is
34amended to read as follows:
355. Any other person who believes that a dependent adult
-1138-1has suffered dependent adult abuse may report the suspected
2dependent adult abuse to the department of inspections, and
3 appeals, and licensing. The department of inspections, and
4 appeals, and licensing shall transfer any reports received
5of dependent adult abuse in the community to the department
6of human services. The department of human services shall
7transfer any reports received of dependent adult abuse in
8facilities or programs to the department of inspections, and
9 appeals, and licensing.
10 Sec. 1949. Section 235F.6, subsection 4, Code 2023, is
11amended to read as follows:
124. The court may approve a consent agreement between the
13parties entered into to bring about the cessation of elder
14abuse. A consent agreement approved under this section shall
15not contain any of the following:
16a. A provision that prohibits any party to the action
17from contacting or cooperating with any government agency
18including the department of human services, the department of
19inspections, and appeals, and licensing, the department on
20aging, the department of justice, law enforcement, and the
21office of long-term care ombudsman; a licensing or regulatory
22agency that has jurisdiction over any license or certification
23held by the defendant; a protection and advocacy agency
24recognized in section 135C.2; or the defendant’s current
25employer if the defendant’s professional responsibilities
26include contact with vulnerable elders, dependent adults, or
27minors, if the party contacting or cooperating has a good-faith
28belief that the information is relevant to the duties or
29responsibilities of the entity.
30b. A provision that prohibits any party to the action
31from filing a complaint with or reporting a violation of law
32to any government agency including the department of human
33services, the department of inspections, and appeals, and
34licensing, the department on aging, the department of justice,
35law enforcement, and the office of long-term care ombudsman; a
-1139-1licensing or regulatory agency that has jurisdiction over any
2license or certification held by the defendant; a protection
3and advocacy agency recognized in section 135C.2; or the
4defendant’s current employer.
5c. A provision that requires any party to the action
6to withdraw a complaint filed with or a violation reported
7to any government agency including the department of human
8services, the department of inspections, and appeals, and
9licensing, the department on aging, the department of justice,
10law enforcement, and the office of long-term care ombudsman; a
11licensing or regulatory agency that has jurisdiction over any
12license or certification held by the defendant; a protection
13and advocacy agency recognized in section 135C.2; or the
14defendant’s current employer.
15 Sec. 1950. Section 237.7, Code 2023, is amended to read as
16follows:
17237.7 Reports and inspections.
18The administrator may require submission of reports by a
19licensee, and shall cause at least one annual unannounced
20inspection of each facility to assess the quality of the
21living situation and to determine compliance with applicable
22requirements and standards. The inspections shall be conducted
23by the department of inspections, and appeals, and licensing.
24The director of the department of inspections, and appeals, and
25licensing may examine records of a licensee, including but not
26limited to corporate records and board minutes, and may inquire
27into matters concerning a licensee and its employees relating
28to requirements and standards for child foster care under this
29chapter.
30 Sec. 1951. Section 237A.1, subsection 3, paragraph d, Code
312023, is amended to read as follows:
32d. A child care center for sick children operated as part
33of a pediatrics unit in a hospital licensed by the department
34of inspections, and appeals, and licensing pursuant to chapter
35135B.
-1140-1 Sec. 1952. Section 237A.8, Code 2023, is amended to read as
2follows:
3237A.8 Violations — actions against license or registration.
4The administrator, after notice and opportunity for an
5evidentiary hearing before the department of inspections, and
6 appeals, and licensing, may suspend or revoke a license or
7certificate of registration issued under this chapter or may
8reduce a license to a provisional license if the person to whom
9a license or certificate is issued violates a provision of this
10chapter or if the person makes false reports regarding the
11operation of the child care facility to the administrator or a
12designee of the administrator. The administrator shall notify
13the parent, guardian, or legal custodian of each child for whom
14the person provides child care at the time of action to suspend
15or revoke a license or certificate of registration.
16 Sec. 1953. Section 237A.29, subsection 2, paragraph b,
17unnumbered paragraph 1, Code 2023, is amended to read as
18follows:
19A child care provider that has been found by the department
20of inspections, and appeals, and licensing in an administrative
21proceeding or in a judicial proceeding to have obtained, or has
22agreed to entry of a civil judgment or judgment by confession
23that includes a conclusion of law that the child care provider
24has obtained, by fraudulent means, public funding for provision
25of child care in an amount equal to or in excess of the minimum
26amount for a fraudulent practice in the second degree under
27section 714.10, subsection 1, paragraph “a”, shall be subject
28to sanction in accordance with this subsection. Such child
29care provider shall be subject to a period during which receipt
30of public funding for provision of child care is conditioned
31upon no further violations and to one or more of the following
32sanctions as determined by the department of human services:
33 Sec. 1954. Section 237C.3, subsection 1, Code 2023, is
34amended to read as follows:
351. The department of human services shall consult with
-1141-1the department of education, the department of inspections,
2 and appeals, and licensing, the department of public health,
3the state fire marshal, and other agencies as determined by
4the department of human services to establish certification
5standards for children’s residential facilities in accordance
6with this chapter.
7 Sec. 1955. Section 237C.8, Code 2023, is amended to read as
8follows:
9237C.8 Reports and inspections.
10The administrator may require submission of reports by a
11certificate of approval holder and shall cause at least one
12annual unannounced inspection of a children’s residential
13facility to assess compliance with applicable requirements
14and standards. The inspections shall be conducted by the
15department of inspections, and appeals, and licensing in
16addition to initial, renewal, and other inspections that result
17from complaints or self-reported incidents. The department of
18inspections, and appeals, and licensing and the department of
19human services may examine records of a children’s residential
20facility and may inquire into matters concerning the children’s
21residential facility and its employees, volunteers, and
22subcontractors relating to requirements and standards for
23children’s residential facilities under this chapter.
24 Sec. 1956. Section 238.19, Code 2023, is amended to read as
25follows:
26238.19 Inspection generally.
27Authorized employees of the department of inspections, and
28 appeals, and licensing may inspect the premises and conditions
29of the agency at any time and examine every part of the agency;
30and may inquire into all matters concerning the agency and the
31children in the care of the agency.
32 Sec. 1957. Section 238.20, Code 2023, is amended to read as
33follows:
34238.20 Minimum inspection — record.
35Authorized employees of the department of inspections, and
-1142-1 appeals, and licensing shall visit and inspect the premises
2of licensed child-placing agencies at least once every twelve
3months and make and preserve written reports of the conditions
4found.
5 Sec. 1958. Section 239B.16, Code 2023, is amended to read
6as follows:
7239B.16 Appeal — judicial review.
8If an applicant’s application is not acted upon within a
9reasonable time, if it is denied in whole or in part, or if a
10participant’s assistance or other benefits under this chapter
11are modified, suspended, or canceled under a provision of
12this chapter, the applicant or participant may appeal to the
13department of human services which shall request the department
14of inspections, and appeals, and licensing to conduct a
15hearing. Upon completion of a hearing, the department of
16inspections, and appeals, and licensing shall issue a decision
17which is subject to review by the department of human services.
18Judicial review of the actions of the department of human
19services may be sought in accordance with chapter 17A. Upon
20receipt of a notice of the filing of a petition for judicial
21review, the department of human services shall furnish the
22petitioner with a copy of any papers filed in support of the
23petitioner’s position, a transcript of any testimony taken, and
24a copy of the department’s decision.
25 Sec. 1959. Section 249.5, Code 2023, is amended to read as
26follows:
27249.5 Judicial review.
28If an application is not acted upon within a reasonable
29time, if it is denied in whole or in part, or if an award
30of assistance is modified, suspended, or canceled under a
31provision of this chapter, the applicant or recipient may
32appeal to the department of human services, which shall request
33the department of inspections, and appeals, and licensing
34 to conduct a hearing. Upon completion of a hearing, the
35department of inspections, and appeals, and licensing shall
-1143-1issue a decision which is subject to review by the department
2of human services. Judicial review of the actions of the
3department of human services may be sought in accordance with
4chapter 17A. Upon receipt of the petition for judicial review,
5the department of human services shall furnish the petitioner
6with a copy of any papers filed by the petitioner in support of
7the petitioner’s position, a transcript of any testimony taken,
8and a copy of the department’s decision.
9 Sec. 1960. Section 249.11, subsection 2, Code 2023, is
10amended to read as follows:
112. The department of inspections, and appeals, and
12licensing shall conduct investigations and audits as deemed
13necessary to ensure compliance with state supplementary
14assistance programs administered under this chapter. The
15department of inspections, and appeals, and licensing shall
16cooperate with the department of human services on the
17development of procedures relating to such investigations and
18audits to ensure compliance with federal and state single state
19agency requirements.
20 Sec. 1961. Section 249A.4, subsection 11, Code 2023, is
21amended to read as follows:
2211. Shall provide an opportunity for a fair hearing before
23the department of inspections, and appeals, and licensing
24 to an individual whose claim for medical assistance under
25this chapter is denied or is not acted upon with reasonable
26promptness. Upon completion of a hearing, the department of
27inspections, and appeals, and licensing shall issue a decision
28which is subject to review by the department of human services.
29Judicial review of the decisions of the department of human
30services may be sought in accordance with chapter 17A. If
31a petition for judicial review is filed, the department of
32human services shall furnish the petitioner with a copy of
33the application and all supporting papers, a transcript of
34the testimony taken at the hearing, if any, and a copy of its
35decision.
-1144-1 Sec. 1962. Section 249A.50, subsection 2, Code 2023, is
2amended to read as follows:
32. The department of inspections, and appeals, and
4licensing shall conduct investigations and audits as deemed
5necessary to ensure compliance with the medical assistance
6program administered under this chapter. The department
7of inspections, and appeals, and licensing shall cooperate
8with the department of human services on the development of
9procedures relating to such investigations and audits to
10ensure compliance with federal and state single state agency
11requirements.
12 Sec. 1963. Section 249A.50, subsection 3, paragraph a, Code
132023, is amended to read as follows:
14a. A Medicaid fraud fund is created in the state treasury
15under the authority of the department of inspections, and
16 appeals, and licensing. Moneys from penalties, investigative
17costs recouped by the Medicaid fraud control unit, and other
18amounts received as a result of prosecutions involving
19the department of inspections, and appeals, and licensing
20 investigations and audits to ensure compliance with the medical
21assistance program that are not credited to the program shall
22be credited to the fund.
23 Sec. 1964. Section 321.11, subsections 3 and 4, Code 2023,
24are amended to read as follows:
253. Notwithstanding other provisions of this section to the
26contrary, the department shall not release personal information
27to a person, other than to an officer or employee of a law
28enforcement agency, an employee of a federal or state agency
29or political subdivision in the performance of the employee’s
30official duties, a contract employee of the department of
31inspections, and appeals, and licensing in the conduct of an
32investigation, or a licensed private investigation agency
33or a licensed security service or a licensed employee of
34either, if the information is requested by the presentation
35of a registration plate number. In addition, an officer or
-1145-1employee of a law enforcement agency may release the name,
2address, and telephone number of a motor vehicle registrant to
3a person requesting the information by the presentation of a
4registration plate number if the officer or employee of the law
5enforcement agency believes that the release of the information
6is necessary in the performance of the officer’s or employee’s
7duties.
84. The department shall not release personal information
9that is in the form of a person’s photograph or digital
10image or a digital reproduction of a person’s photograph to a
11person other than an officer or employee of a law enforcement
12agency, an employee of a federal or state agency or political
13subdivision in the performance of the employee’s official
14duties, a contract employee of the department of inspections,
15 and appeals, and licensing in the conduct of an investigation,
16or a licensed private investigation agency or a licensed
17security service or a licensed employee of either, regardless
18of whether a person has provided express written consent to
19disclosure of the information. The department may collect
20reasonable fees for copies of records or other services
21provided pursuant to this section or section 22.3, 321.10, or
22622.46.
23 Sec. 1965. Section 321.19, subsection 1, paragraph c,
24subparagraph (3), Code 2023, is amended to read as follows:
25(3) Persons in the department of justice, the alcoholic
26beverages division of the department of commerce, disease
27investigators of the Iowa department of public health, the
28department of inspections, and appeals, and licensing, and the
29department of revenue, who are regularly assigned to conduct
30investigations which cannot reasonably be conducted with a
31vehicle displaying “official” state registration plates.
32 Sec. 1966. Section 321.211, subsection 1, Code 2023, is
33amended to read as follows:
341. Upon suspending the license of a person as authorized,
35the department shall immediately notify the licensee in writing
-1146-1and upon the licensee’s request shall afford the licensee an
2opportunity for a hearing before the department of inspections,
3 and appeals, and licensing as early as practical within
4thirty days after receipt of the request. The hearing shall
5be held by telephone conference unless the licensee and the
6department of inspections, and appeals, and licensing agree to
7hold the hearing in the county in which the licensee resides
8or in some other county. Upon the hearing the department of
9inspections, and appeals, and licensing may administer oaths
10and issue subpoenas for the attendance of witnesses and the
11production of relevant books and papers and may require a
12reexamination of the licensee. Upon the hearing and issuance
13of a recommendation by the department of inspections, and
14 appeals, and licensing, the state department of transportation
15shall either rescind its order of suspension or for good cause
16may extend the suspension of the license or revoke the license.
17This section does not preclude the director from attempting to
18effect an informal settlement under chapter 17A.
19 Sec. 1967. Section 322.9, subsection 1, Code 2023, is
20amended to read as follows:
211. The department may revoke or suspend the license of a
22retail motor vehicle dealer if, after notice and hearing by the
23department of inspections, and appeals, and licensing, it finds
24that the licensee has been guilty of an act which would be a
25ground for the denial of a license under section 322.6.
26 Sec. 1968. Section 322.9, subsection 2, unnumbered
27paragraph 1, Code 2023, is amended to read as follows:
28The department may revoke or suspend the license of a retail
29motor vehicle dealer if, after notice and hearing by the
30department of inspections, and appeals, and licensing, it finds
31that the licensee has been convicted or has forfeited bail on
32three charges of:
33 Sec. 1969. Section 322.24, subsection 1, Code 2023, is
34amended to read as follows:
351. The state department of transportation and the
-1147-1department of inspections, and appeals, and licensing may
2issue subpoenas to compel the attendance of witnesses and the
3production of documents, papers, books, records, and other
4evidence in any matter over which the respective department
5has jurisdiction, control, or supervision pertaining to this
6chapter.
7 Sec. 1970. Section 322A.3A, subsection 4, paragraph b, Code
82023, is amended to read as follows:
9b. After a hearing held as described in this subsection,
10the department of inspections, and appeals, and licensing
11 may affirm, deny, or modify the proposed alteration of a
12franchisee’s community, may enter any other orders necessary
13to ensure that an alteration of the franchisee’s community is
14reasonable in light of all the relevant circumstances, and
15may assess the costs of the hearing among the parties to the
16hearing as appropriate.
17 Sec. 1971. Section 322A.5, subsection 2, paragraph b,
18subparagraph (3), subparagraph division (b), Code 2023, is
19amended to read as follows:
20(b) Within thirty days of receiving the franchisee’s
21submission, the franchiser may choose to audit the submitted
22orders. The franchiser shall then approve or deny the
23establishment of the franchisee’s average percentage markup
24or labor rate. If the franchiser approves the establishment
25of the franchisee’s average percentage markup or labor rate,
26the markup or rate calculated under this subparagraph shall go
27into effect forty-five days after the date of the franchiser’s
28approval. If the franchiser denies the establishment of the
29franchisee’s average percentage markup or labor rate, the
30franchisee may file a complaint with the department and a
31hearing shall be held before the department of inspections,
32 and appeals, and licensing. The franchiser shall have the
33burden of proof to establish that the franchiser’s denial was
34reasonable. If the department of inspections, and appeals,
35and licensing finds the denial was not reasonable, the denial
-1148-1shall be deemed a violation of this chapter and the department
2of inspections, and appeals, and licensing shall determine
3the franchisee’s average percentage markup or labor rate for
4purposes of calculating a reasonable schedule of compensation.
5In making such a determination, the department of inspections,
6 and appeals, and licensing shall not consider retail service
7orders or portions of retail service orders attributable to
8routine maintenance such as tire service or oil service.
9 Sec. 1972. Section 322A.6, subsection 2, Code 2023, is
10amended to read as follows:
112. An applicant seeking permission to enter into a franchise
12for additional representation of the same line-make in a
13community shall deposit with the department at the time the
14application is filed, an amount of money to be determined by
15the department of inspections, and appeals, and licensing to
16pay the costs of the hearing.
17 Sec. 1973. Section 322A.7, subsection 1, Code 2023, is
18amended to read as follows:
191. Upon receiving an application, the department shall
20notify the department of inspections, and appeals, and
21licensing which shall enter an order fixing a time, which
22shall be within ninety days of the date of the order, and
23place of hearing, and shall send by certified or registered
24mail, with return receipt requested, a copy of the order
25to the franchisee whose franchise the franchiser seeks to
26terminate or not continue, or to the franchiser who is seeking
27to alter a franchisee’s community, as applicable. If the
28application requests permission to establish an additional
29motor vehicle dealership, a copy of the order shall be sent to
30all franchisees in the community who are then engaged in the
31business of offering to sell or selling the same line-make. If
32the application challenges the reasonableness of a proposed
33alteration to a franchisee’s community, a copy of the order
34shall be sent to all franchisees located in Iowa surrounding
35the affected community which are then engaged in the business
-1149-1of offering to sell or selling the same line-make. Copies of
2orders shall be addressed to the franchisee at the place where
3the business is conducted. The department of inspections, and
4 appeals, and licensing may also give notice of the franchiser’s
5application to any other parties deemed interested persons, the
6notice to be in the form and substance and given in the manner
7the department of inspections, and appeals, and licensing deems
8appropriate.
9 Sec. 1974. Section 322A.8, Code 2023, is amended to read as
10follows:
11322A.8 Continuation.
12If the department of inspections, and appeals, and licensing
13 finds it desirable it may upon request continue the date of
14hearing for a period of ninety days, and may upon application,
15but not ex parte, continue the date of hearing for an
16additional period of ninety days.
17 Sec. 1975. Section 322A.9, subsection 2, Code 2023, is
18amended to read as follows:
192. Nothing contained in this chapter shall be construed to
20require or authorize any investigation by the department of any
21matter before the department under this chapter. Upon hearing,
22the department of inspections, and appeals, and licensing shall
23hear the evidence introduced by the parties and shall make its
24decision solely upon the record so made.
25 Sec. 1976. Section 322A.10, Code 2023, is amended to read
26as follows:
27322A.10 Rules of evidence.
281. The rules of civil procedure relating to discovery and
29inspection shall apply to hearings held under the provisions of
30this chapter, and the department of inspections, and appeals,
31and licensing may issue orders to give effect to such rules.
322. In the event issues are raised which would involve
33violations of any state or federal antitrust or price-fixing
34law, all discovery and inspection proceedings which would be
35available under such issues in a state or federal court action
-1150-1shall be available to the parties to the hearing, and the
2department of inspections, and appeals, and licensing may issue
3orders to give effect to such proceedings.
43. Evidence which would be admissible under the issues in a
5state or federal court action is admissible in a hearing held
6by the department of inspections, and appeals, and licensing.
7The department of inspections, and appeals, and licensing shall
8apportion all costs between the parties.
9 Sec. 1977. Section 322A.13, Code 2023, is amended to read
10as follows:
11322A.13 Compulsory attendance at hearings.
12The department of inspections, and appeals, and licensing
13 may issue subpoenas, administer oaths, compel the attendance of
14witnesses and production of books, papers, documents, and all
15other evidence. The department of inspections, and appeals,
16and licensing may apply to the district court of the county
17wherein the hearing is being held for a court order enforcing
18this section.
19 Sec. 1978. Section 322A.15, subsection 1, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21In determining whether good cause has been established for
22terminating or not continuing a franchise, the department
23of inspections, and appeals, and licensing shall take into
24consideration the existing circumstances, including, but not
25limited to:
26 Sec. 1979. Section 322A.15, subsection 1, paragraphs g and
27h, Code 2023, are amended to read as follows:
28g. Except as provided in section 322A.11, failure by the
29franchisee to substantially comply with those requirements
30of the franchise which are determined by the department of
31inspections, and appeals, and licensing to be reasonable and
32material.
33h. Except as provided in section 322A.11, bad faith by the
34franchisee in complying with those terms of the franchise which
35are determined by the department of inspections, and appeals,
-1151-1and licensing to be reasonable and material.
2 Sec. 1980. Section 322A.16, unnumbered paragraph 1, Code
32023, is amended to read as follows:
4In determining whether good cause has been established for
5entering into an additional franchise for the same line-make,
6the department of inspections, and appeals, and licensing shall
7take into consideration the existing circumstances, including,
8but not limited to:
9 Sec. 1981. Section 322A.17, subsection 1, Code 2023, is
10amended to read as follows:
111. A decision of the department of inspections, and appeals,
12and licensing is subject to review by the state department of
13transportation, whose decision is final agency action for the
14purpose of judicial review.
15 Sec. 1982. Section 322C.6, unnumbered paragraph 1, Code
162023, is amended to read as follows:
17A license issued under section 322C.4 or 322C.9 may be
18denied, revoked, or suspended, after opportunity for a
19hearing before the department of inspections, and appeals, and
20licensing in accordance with chapters 10A and 17A, if it is
21determined that the licensee or applicant has done any of the
22following:
23 Sec. 1983. Section 323.1, subsection 4, Code 2023, is
24amended to read as follows:
254. “Department” means the department of inspections, and
26 appeals, and licensing.
27 Sec. 1984. Section 324A.5, subsection 2, paragraph c, Code
282023, is amended to read as follows:
29c. The department of inspections, and appeals, and licensing
30 shall establish an appeal process pursuant to chapters 10A and
3117A which allows those agencies or organizations determined
32to not be in compliance with this chapter an opportunity for
33a timely hearing before the department of inspections, and
34 appeals, and licensing. A decision by the department of
35inspections, and appeals, and licensing is subject to review by
-1152-1the state department of transportation. The state department
2of transportation’s decision is the final agency action.
3Judicial review of the action of the department may be sought
4in accordance with chapter 17A.
5 Sec. 1985. Section 327C.8, Code 2023, is amended to read as
6follows:
7327C.8 Objections — hearing.
8A person directly affected by the proposed discontinuance
9of an agency may file written objections with the department
10stating the grounds for the objections, within fifteen days
11from the time of the publication of the notice as provided in
12section 327C.7. Upon the filing of objections the department
13shall request the department of inspections, and appeals, and
14licensing to hold a hearing, which shall be held within sixty
15days from the filing of the objections. Written notice of the
16time and place of the hearing shall be mailed by the department
17of inspections, and appeals, and licensing to the railroad
18corporation and the person filing objections at least ten days
19prior to the date fixed for the hearing.
20 Sec. 1986. Section 327C.12, Code 2023, is amended to read
21as follows:
22327C.12 Aid from courts.
23The department or the department of inspections, and
24 appeals, and licensing may invoke the aid of any court of
25record in the state in requiring the attendance and testimony
26of witnesses and the production of books, papers, tariff
27schedules, agreements, and other documents. If a person
28refuses to obey a subpoena or other process, a court having
29jurisdiction of the inquiry shall issue an order requiring any
30of the officers, agents, or employees of a carrier or other
31person to appear before either department and produce all books
32and papers required by the order and testify in relation to any
33matter under investigation.
34 Sec. 1987. Section 327C.17, Code 2023, is amended to read
35as follows:
-1153- 1327C.17 Penalty.
2If a railroad fails or refuses to comply with a rule or
3order made by the state department of transportation or the
4department of inspections, and appeals, and licensing within
5the time specified, the railroad is, for each day of such
6failure, subject to a schedule “two” penalty.
7 Sec. 1988. Section 327C.19, subsection 1, Code 2023, is
8amended to read as follows:
91. A decision of the department of inspections, and appeals,
10and licensing is subject to review by the state department of
11transportation.
12 Sec. 1989. Section 327C.20, Code 2023, is amended to read
13as follows:
14327C.20 Remitting penalty.
15If a common carrier fails in a judicial review proceeding
16to secure a vacation of the order objected to, it may apply to
17the court in which the review proceeding is finally adjudicated
18for an order remitting the penalty which has accrued during
19the review proceeding. Upon a satisfactory showing that the
20petition for judicial review was filed in good faith and not
21for the purpose of delay, and that there were reasonable
22grounds to believe that the order was unreasonable or unjust
23or that the power of the department of transportation or the
24department of inspections, and appeals, and licensing to make
25the order was doubtful, the court may remit the penalty that
26has accrued during the review proceeding.
27 Sec. 1990. Section 327C.25, Code 2023, is amended to read
28as follows:
29327C.25 Complaints.
30A person may file with the department a petition setting
31forth any particular in which a common carrier has violated the
32law to which it is subject and the amount of damages sustained
33by reason of the violation. The department shall furnish a
34copy of the complaint to the carrier against which a complaint
35is filed. The department shall request the department
-1154-1of inspections, and appeals, and licensing to schedule a
2hearing in which the carrier shall answer the petition or
3satisfy the demands of the complaint. If the carrier fails
4to satisfy the complaint within the time fixed or there
5appears to be reasonable grounds for investigating the matters
6set forth in the petition, the department of inspections,
7 and appeals, and licensing shall hear and determine the
8questions involved and make orders it finds proper. If the
9department of transportation has reason to believe that a
10carrier is violating any of the laws to which it is subject,
11the department may institute an investigation and request
12the department of inspections, and appeals, and licensing to
13conduct a hearing in relation to the matters as if a petition
14had been filed.
15 Sec. 1991. Section 327C.26, Code 2023, is amended to read
16as follows:
17327C.26 Reports.
18When a hearing has been held before the department of
19inspections, and appeals, and licensing after notice, it shall
20make a report in writing setting forth the findings of fact
21and its conclusions together with its recommendations as to
22what reparation, if any, the offending carrier shall make to a
23party who has suffered damage. The findings of fact are prima
24facie evidence in all further legal proceedings of every fact
25found. All reports of hearings and investigations made by the
26department of inspections, and appeals, and licensing shall be
27entered of record and a copy furnished to the carrier against
28which the complaint was filed, to the party complaining, and
29to any other person having a direct interest in the matter. A
30reasonable fee not to exceed the actual duplication costs may
31be charged for the copies.
32 Sec. 1992. Section 327C.28, Code 2023, is amended to read
33as follows:
34327C.28 Violation of order — petition — notice.
35If a person violates or fails to obey a lawful order
-1155-1or requirement of the department of transportation or the
2department of inspections, and appeals, and licensing, the
3department of transportation or the department of inspections,
4 and appeals, and licensing shall apply by petition in the
5name of the state against the person, to the district court,
6alleging the violation or failure to obey. The court shall
7hear and determine the matter set forth in the petition on
8reasonable notice to the person, to be fixed by the court and
9to be served in the same manner as an original notice for the
10commencement of action.
11 Sec. 1993. Section 327C.29, Code 2023, is amended to read
12as follows:
13327C.29 Interested party may begin proceedings.
14A person interested in enforcing an order or requirement
15of the department of transportation or the department of
16inspections, and appeals, and licensing, may file a petition
17against the violator, alleging the failure to comply with
18the order or requirement and asking for summary relief to
19the same extent and in the same manner as the department of
20transportation or the department of inspections, and appeals,
21and licensing may under section 327C.28, and the proceedings
22after the filing of the petition shall be the same as in
23section 327C.28.
24 Sec. 1994. Section 327D.4, Code 2023, is amended to read as
25follows:
26327D.4 Connections.
27If a railroad corporation in this state refuses to connect by
28proper switches or tracks with the tracks of another railroad
29corporation or refuses to receive, transport, load, discharge,
30reload, or return cars furnished by another connecting railroad
31corporation, a petition requesting resolution of the dispute
32may be filed with the department. The department shall notify
33the department of inspections, and appeals, and licensing
34 which shall hold a hearing on the dispute. Upon conclusion of
35the hearing, the department of inspections, and appeals, and
-1156-1licensing shall issue an order to resolve the dispute. The
2order may include the allocation of costs between the parties.
3The order is subject to review by the department which review
4shall be the final agency action.
5 Sec. 1995. Section 327D.53, Code 2023, is amended to read
6as follows:
7327D.53 Division of joint rates.
8Before the adoption of the rates, the department shall
9notify the railroad corporations interested in the schedule of
10joint rates fixed, and give them a reasonable time to agree
11upon a division of the charges provided. If the corporations
12fail to agree upon a division, and to notify the department
13of their agreement, the department shall, after a hearing
14conducted by the department of inspections, and appeals, and
15licensing, decide the rates, taking into consideration the
16value of terminal facilities and all the circumstances of
17the haul, and the division so determined by it is, in all
18controversies or actions between the railroad corporations
19interested, prima facie evidence of a just and reasonable
20division.
21 Sec. 1996. Section 327D.83, Code 2023, is amended to read
22as follows:
23327D.83 Rate hearing.
24If a schedule is filed with the department stating a rate,
25the department may, either upon complaint or upon its own
26motion, request the department of inspections, and appeals, and
27licensing to conduct a hearing concerning the propriety of the
28rate.
29 Sec. 1997. Section 327D.85, Code 2023, is amended to read
30as follows:
31327D.85 Rate proposal — review.
32At the hearing the department of inspections, and appeals,
33and licensing shall propose the rates on the schedule, in whole
34or in part, or others in lieu thereof, which the department
35of inspections, and appeals, and licensing finds are just and
-1157-1reasonable rates. The action of the department of inspections,
2 and appeals, and licensing is subject to review by the state
3department of transportation. The decision of the state
4department of transportation is the final agency action.
5 Sec. 1998. Section 327D.89, Code 2023, is amended to read
6as follows:
7327D.89 Complaint of violation.
8When a person complains to the department that the rate
9charged or published by a railway corporation, or the maximum
10rate fixed by law, is unreasonably high or discriminating,
11the department may investigate the matter, and request the
12department of inspections, and appeals, and licensing to
13conduct a hearing. The department of inspections, and appeals,
14and licensing shall give the parties notice of the time and
15place of the hearing.
16 Sec. 1999. Section 327D.90, Code 2023, is amended to read
17as follows:
18327D.90 Hearing — evidence.
19At the time of the hearing the department of inspections, and
20 appeals, and licensing shall receive any evidence and listen
21to any arguments presented by either party relevant to the
22matter under investigation, and the burden of proof is not
23upon the person making the complaint. The complainant shall
24add to the showing made at the hearing whatever information
25the complainant then has, or can obtain from any source.
26The department of inspections, and appeals, and licensing
27 shall propose just and reasonable rates, which may be adopted
28in whole or in part or modified as the state department of
29transportation determines.
30 Sec. 2000. Section 327D.128, Code 2023, is amended to read
31as follows:
32327D.128 Weighing — disagreement.
33If a railroad corporation and the owner, consignor,
34or consignee of car lots of bulk commodities cannot reach
35agreement relative to the weighing of the commodities, appeal
-1158-1may be made to the state department of transportation. The
2state department of transportation, after a hearing by the
3department of inspections, and appeals, and licensing, shall
4issue an order equitable to all parties including but not
5limited to allocation of costs and specification of the place
6and manner of weighing.
7 Sec. 2001. Section 327G.12, Code 2023, is amended to read
8as follows:
9327G.12 Overhead, underground, or more than one crossing.
10The owner of land may serve upon the railroad corporation
11a request in writing for more than one private crossing, or
12for an overhead or underground crossing, accompanied by a plat
13of the owner’s land designating the location and character
14of crossing desired. If the railroad corporation refuses or
15neglects to comply within thirty days of a written request,
16the owner of the land may make written application to the
17department to determine the owner’s rights. The department
18of inspections, and appeals, and licensing, after notice to
19the railroad corporation, shall hear the application and all
20objections to the application, and make an order which is
21reasonable and just, and if it requires the railroad company to
22construct any crossing or roadway, fix the time for compliance
23with the order and apportion the costs as appropriate. The
24order of the department of inspections, and appeals, and
25licensing is subject to review by the state department of
26transportation. The decision of the state department of
27transportation is the final agency action.
28 Sec. 2002. Section 327G.16, Code 2023, is amended to read
29as follows:
30327G.16 Disagreement — application — notice.
31If the persons specified in section 327G.15 cannot reach
32an agreement, either party may make written application to
33the department requesting resolution of the disagreement.
34The department shall request the department of inspections,
35 and appeals, and licensing to set a date for hearing. The
-1159-1department of inspections, and appeals, and licensing shall
2give ten days’ written notice of the hearing date.
3 Sec. 2003. Section 327G.17, Code 2023, is amended to read
4as follows:
5327G.17 Hearing — order.
61. The department of inspections, and appeals, and
7licensing shall hear the evidence of each party to the
8controversy and shall make an order, which may include,
9pursuant to chapters 6A and 6B, authority to condemn, resolving
10the controversy. The order shall include the portion of the
11expense to be paid by each party to the controversy. In
12determining what portion of the expense shall be paid by
13each party, the department of inspections, and appeals, and
14licensing may consider the ratio of the benefits accruing to
15the railroad or the governmental unit or both, to the general
16public use and benefit.
172. The order of the department of inspections, and appeals,
18and licensing is subject to review by the state department
19of transportation. The decision of the state department of
20transportation is the final agency action.
21 Sec. 2004. Section 327G.31, Code 2023, is amended to read
22as follows:
23327G.31 Disagreement resolved.
24If a railroad corporation and the jurisdiction having
25authority cannot reach agreement on grade crossing surface
26repair and maintenance, either party may appeal to the
27department of inspections, and appeals, and licensing if prior
28to disagreement both parties have filed a statement with the
29state department of transportation to the effect that they have
30entered into negotiations on grade crossing surface repair
31and maintenance of a particular crossing. The department of
32inspections, and appeals, and licensing shall resolve the
33dispute in the manner provided in sections 327G.16 and 327G.17,
34except for the allocation of costs.
35 Sec. 2005. Section 327G.32, subsections 3 and 4, Code 2023,
-1160-1are amended to read as follows:
23. Other portions of this section notwithstanding, a
3political subdivision may pass an ordinance regulating the
4length of time a specific crossing may be blocked if the
5political subdivision demonstrates that an ordinance is
6necessary for public safety or convenience. If an ordinance
7is passed, the political subdivision shall, within thirty days
8of the effective date of the ordinance, notify the department
9and the railroad corporation using the crossing affected by the
10ordinance. The ordinance does not become effective unless the
11department and the railroad corporation are notified within
12thirty days. The ordinance becomes effective thirty days
13after notification unless a person files an objection to the
14ordinance with the department. If an objection is filed the
15department shall notify the department of inspections, and
16 appeals, and licensing which shall hold a hearing. After
17a hearing by the department of inspections, and appeals,
18and licensing, the state department of transportation may
19disapprove the ordinance if public safety or convenience
20does not require the ordinance. The decision of the state
21department of transportation is final agency action. The
22ordinance approved by the political subdivision is prima facie
23evidence that the ordinance is adopted to preserve public
24safety or convenience.
254. The department of inspections, and appeals, and
26licensing when considering rebuttal evidence shall weigh the
27benefits accruing to the political subdivision as they affect
28the general public use compared to the burden placed on the
29railroad operation. Public safety or convenience may include,
30but is not limited to, high traffic density at a specific
31crossing of a main artery or interference with the flow of
32authorized emergency vehicles.
33 Sec. 2006. Section 327G.62, Code 2023, is amended to read
34as follows:
35327G.62 Controversies — hearing — order — review.
-1161- 1When a disagreement arises between a railroad corporation,
2its grantee, or its successor in interest, and the owner,
3lessee, or licensee of a building or other improvement,
4including trackage, used for receiving, storing, transporting,
5or manufacturing an article of commerce transported or to
6be transported, situated on a present or former railroad
7right-of-way or on land owned or controlled by the railroad
8corporation, its grantee, or its successor in interest, as
9to the terms and conditions on which the article is to be
10continued or removed, the railway corporation, its grantee, or
11its successor in interest, or the owner, lessee, or licensee
12may make written application to the department. The department
13shall notify the department of inspections, and appeals, and
14licensing which shall hear and determine the controversy and
15make an order which is just and equitable between the parties.
16That order is subject to review by the state department of
17transportation. The decision of the state department of
18transportation is final agency action.
19 Sec. 2007. Section 327G.65, Code 2023, is amended to read
20as follows:
21327G.65 Cost of construction.
22The railroad corporation may require the person primarily to
23be served to pay the legitimate cost and expense of acquiring,
24by condemnation or purchase, the necessary right-of-way for the
25spur track and of constructing it, as determined in separate
26items by the department. Except as provided in section
27327G.66, the total cost as ascertained by the department
28shall be deposited with the railroad corporation before it is
29required to incur expense. If an agreement cannot be reached,
30the question shall be referred to the department which may,
31after a hearing conducted by the department of inspections, and
32 appeals, and licensing, issue an order.
33 Sec. 2008. Section 327G.78, subsection 1, Code 2023, is
34amended to read as follows:
351. Subject to section 6A.16 and 327G.77, when a railroad
-1162-1corporation, its trustee, or its successor in interest has
2interests in real property adjacent to a railroad right-of-way
3that are abandoned by order of the surface transportation
4board, reorganization court, bankruptcy court, or the
5department, or when a railroad corporation, its trustee, or
6its successor in interest seeks to sell its interests in
7that property under any other circumstance, the railroad
8corporation, its trustee, or its successor in interest shall
9extend a written offer to sell at a fair market value price to
10the persons holding leases, licenses, or permits upon those
11properties, allowing sixty days from the time of receipt for a
12written response. If a disagreement arises between the parties
13concerning the price or other terms of the sale transaction,
14either or both parties may make written application to the
15department to resolve the disagreement. The application shall
16be made within sixty days from the time an initial written
17response is served upon the railroad corporation, trustee,
18or successor in interest by the person wishing to purchase
19the property. The department shall notify the department of
20inspections, and appeals, and licensing which shall hear the
21controversy and make a final determination of the fair market
22value of the property and the other terms of the transaction
23which were in dispute, within ninety days after the application
24is filed. The determination is subject to review by the
25department and the department’s decision is the final agency
26action. All correspondence shall be by certified mail.
27 Sec. 2009. Section 327G.79, subsections 1 and 2, Code 2023,
28are amended to read as follows:
291. The department of inspections and appeals’, appeals, and
30licensing’s determination and order shall be just and equitable
31and, in the case of the determination of the fair market value
32of the property, shall be based in part upon at least three
33independent appraisals prepared by certified appraisers. Each
34party shall select one appraiser and each appraisal shall be
35paid for by the party for whom the appraisal is prepared.
-1163-1The two appraisers shall select a third appraiser and the
2costs of this appraisal shall be divided equally between the
3parties. If the appraisers selected by the parties cannot
4agree on selection of a third appraiser, the state department
5of transportation shall appoint a third appraiser and the costs
6of this appraisal shall be divided equally between the parties.
72. The department of inspections and appeals’, appeals, and
8licensing’s determination and order is final for the purpose
9of administrative review to the district court as provided in
10chapter 17A. The district court’s scope of review shall be
11confined to whether there is substantial evidence to support
12the department of inspections and appeals’, appeals, and
13licensing’s determination and order.
14 Sec. 2010. Section 331.324, subsection 1, paragraph e, Code
152023, is amended to read as follows:
16e. Cooperate with the workers’ compensation commissioner and
17comply with requirements imposed upon counties under chapters
1886 chapter 10A, subchapter III, and chapter 87.
19 Sec. 2011. Section 331.394, subsection 5, paragraph c, Code
202023, is amended to read as follows:
21c. The county or region that received the notification,
22as applicable, shall respond to the party that provided
23the notification within forty-five days of receiving the
24notification. If the parties cannot agree to a settlement as
25to the person’s residency status within ninety days of the
26date of notification, on motion of any of the parties, the
27matter shall be referred to the department of inspections,
28 and appeals, and licensing for a contested case hearing under
29chapter 17A before an administrative law judge assigned in
30accordance with section 10A.801 to determine the person’s
31residency status.
32 Sec. 2012. Section 331.394, subsection 5, paragraph d,
33subparagraph (1), Code 2023, is amended to read as follows:
34(1) The administrative law judge’s determination of the
35person’s residency status shall be considered final agency
-1164-1action, notwithstanding contrary provisions of section 17A.15.
2The party that does not prevail in the determination or
3subsequent judicial review is liable for costs associated with
4the proceeding, including reimbursement of the department of
5inspections and appeals’, appeals, and licensing’s actual costs
6associated with the administrative proceeding. Judicial review
7of the determination may be sought in accordance with section
817A.19.
9 Sec. 2013. Section 331.394, subsection 6, paragraph c, Code
102023, is amended to read as follows:
11c. The department, county, or region that received the
12notification, as applicable, shall respond to the party
13that provided the notification within forty-five days of
14receiving the notification. If the parties cannot agree to a
15settlement as to the dispute within ninety days of the date of
16notification, on motion of any of the parties, the matter shall
17be referred to the department of inspections, and appeals, and
18licensing for a contested case hearing under chapter 17A before
19an administrative law judge assigned in accordance with section
2010A.801 to determine facts and issue a decision to resolve the
21dispute.
22 Sec. 2014. Section 331.394, subsection 6, paragraph d,
23subparagraph (1), Code 2023, is amended to read as follows:
24(1) The administrative law judge’s decision is a final
25agency action, notwithstanding contrary provisions of section
2617A.15. The party that does not prevail in the decision or
27subsequent judicial review is liable for costs associated with
28the proceeding, including reimbursement of the department of
29inspections and appeals’, appeals, and licensing’s actual
30costs associated with the administrative proceeding. Judicial
31review of the decision may be sought in accordance with section
3217A.19.
33 Sec. 2015. Section 331.653, subsection 10, Code 2023, is
34amended to read as follows:
3510. Cooperate with the division of labor services of the
-1165-1 department of workforce development inspections, appeals, and
2licensing in the enforcement of child labor laws as provided
3in section 92.22.
4 Sec. 2016. Section 331.756, subsections 16 and 55, Code
52023, are amended to read as follows:
616. Institute legal proceedings against persons who
7violate laws administered by the division of labor services
8of the department of workforce development under chapter 10A,
9subchapter II, as provided in section 91.11 10A.210.
1055. Make a written report to the department of inspections,
11 and appeals, and licensing within fifteen days of the end of
12each calendar quarter of the amount of funds which were owed to
13the state for indigent defense services and which were recouped
14pursuant to subsection 5.
15 Sec. 2017. Section 423.3, subsection 18, paragraph a, Code
162023, is amended to read as follows:
17a. Residential care facilities and intermediate care
18facilities for persons with an intellectual disability and
19residential care facilities for persons with mental illness
20licensed by the department of inspections, and appeals, and
21licensing under chapter 135C.
22 Sec. 2018. Section 425.28, subsection 4, Code 2023, is
23amended to read as follows:
244. In addition to the sharing of information under
25subsection 3, the department of human services may release
26information pertaining to a person’s eligibility or claim
27for or receipt of rent reimbursement to an employee of the
28department of inspections, and appeals, and licensing in the
29employee’s official conduct of an audit or investigation.
30 Sec. 2019. Section 453A.2, subsection 6, Code 2023, is
31amended to read as follows:
326. If a county or a city has not assessed a penalty pursuant
33to section 453A.22, subsection 2, for a violation of subsection
341, within sixty days of the adjudication of the violation,
35the matter shall be transferred to and be the exclusive
-1166-1responsibility of the alcoholic beverages division of the
2department of commerce. Following transfer of the matter, if
3the violation is contested, the alcoholic beverages division
4of the department of commerce shall request an administrative
5hearing before an administrative law judge, assigned by the
6division of administrative hearings of the department of
7inspections, and appeals, and licensing in accordance with
8the provisions of section 10A.801, to adjudicate the matter
9pursuant to chapter 17A.
10 Sec. 2020. Section 455B.135, Code 2023, is amended to read
11as follows:
12455B.135 Limit on authority.
13Nothing contained in this subchapter II or chapter 459,
14subchapter II, shall be deemed to grant to the department or
15the director any authority or jurisdiction with respect to
16air pollution existing solely within residences; or solely
17within commercial and industrial plants, works, or shops under
18the jurisdiction of chapters chapter 10A, subchapter II, and
19chapter 88 and 91; or to affect the relations between employers
20and employees with respect to, or arising out of, any condition
21of air pollution.
22 Sec. 2021. Section 455B.145, subsection 2, paragraphs b and
23c, Code 2023, are amended to read as follows:
24b. The director shall promptly investigate the application
25and approve or disapprove the application. The director may
26conduct a public hearing before action is taken to approve or
27disapprove. If the director disapproves issuing a certificate,
28the political subdivision may appeal the action to the
29department of inspections, and appeals, and licensing. At the
30hearing on appeal, the department of inspections, and appeals,
31and licensing shall decide whether the local program is
32substantially consistent with the provisions of this subchapter
33II, or rules adopted under this subchapter II, and whether the
34local program is being enforced. The burden of proof shall be
35upon the political subdivision.
-1167- 1c. If the director determines at any time that a local air
2pollution program is being conducted in a manner inconsistent
3with the substantive provisions of this subchapter II or the
4rules adopted under this subchapter II, the director shall
5notify the political subdivision, citing the deviations
6from the acceptable standards and the corrective measures
7to be completed within a reasonable amount of time. If the
8corrective measures are not implemented as prescribed, the
9director shall suspend in whole or in part the certificate of
10acceptance of such political subdivision and shall administer
11the regulatory provisions of this subchapter II in whole or in
12part within the political subdivision until the appropriate
13standards are met. Upon receipt of evidence that necessary
14corrective action has been taken, the director shall reinstate
15the suspended certificate of acceptance, and the political
16subdivision shall resume the administration of the local air
17pollution control program within its jurisdiction. In cases
18where the certificate of acceptance is suspended, the political
19subdivision may appeal the suspension to the department of
20inspections, and appeals, and licensing.
21 Sec. 2022. Section 455B.271, subsection 2, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23Subject to appeal to the department of inspections, and
24 appeals, and licensing, a permit may be modified or canceled by
25the director if any of the following occur:
26 Sec. 2023. Section 455B.390, subsection 1, Code 2023, is
27amended to read as follows:
281. Hazardous conditions existing solely within and which
29will probably continue to exist solely within commercial and
30industrial plants, works, or shops under the jurisdiction of
31chapters chapter 10A, subchapter II, and chapter 88 and 91.
32 Sec. 2024. Section 515B.5, subsection 2, paragraph h, Code
332023, is amended to read as follows:
34h. Request that all future payments of workers’ compensation
35weekly benefits, medical expenses, or other payments under
-1168- 1chapter 10A, subchapter III, chapter 85, 85A, 85B, 86, or 87
2be commuted to a present lump sum and upon the payment of
3which, either to the claimant or to a licensed insurer for
4purchase of an annuity or other periodic payment plan for the
5benefit of the claimant, the employer and the association shall
6be discharged from all further liability for the workers’
7compensation claim. Notwithstanding the provisions of
8section 85.45, any future payment of medical expenses, weekly
9compensation benefits, or other payment by the association
10under this chapter pursuant to chapter 10A, subchapter III,
11 chapter 85, 85A, 85B, 86, or 87, is deemed an undue expense,
12hardship, or inconvenience upon the employer for purposes of
13a full commutation pursuant to section 85.45, subsection 1,
14paragraph “b”, and the workers’ compensation commissioner shall
15fix the lump sum of the probable future medical expenses and
16weekly compensation benefits capitalized at their present value
17upon the basis of interest at the rate provided in section
18535.3 for court judgments and decrees.
19 Sec. 2025. Section 524.208, Code 2023, is amended to read
20as follows:
21524.208 Examiners and other employees.
22The superintendent may appoint examiners and other
23employees, including for the banking division’s internal
24information technology group, as the superintendent deems
25necessary to the proper discharge of the duties imposed upon
26the superintendent by the laws of this state. Pay plans shall
27be established for employees, other than clerical employees or
28employees of the professional licensing and regulation bureau
29of the banking division, who examine the accounts and affairs
30of state banks and who examine the accounts and affairs of
31other persons, subject to supervision and regulation by the
32superintendent, which are substantially equivalent to those
33paid by the federal deposit insurance corporation and other
34federal supervisory agencies in this area of the United States.
35 Sec. 2026. Section 524.211, subsection 5, Code 2023, is
-1169-1amended to read as follows:
25. An employee of the banking division, other than the
3superintendent or a member of the state banking council or one
4of the boards in the professional licensing and regulation
5bureau of the division, shall not perform any services for, and
6shall not be a shareholder, member, partner, owner, director,
7officer, or employee of, any enterprise, person, or affiliate
8subject to the regulatory purview of the banking division.
9 Sec. 2027. Section 542B.22, Code 2023, is amended to read
10as follows:
11542B.22 Procedure.
12Proceedings for any action under section 542B.21 shall be
13begun by filing with the board written charges against the
14accused. Upon the filing of charges the board may request
15the department of inspections, and appeals, and licensing to
16conduct an investigation into the charges. The department
17of inspections, and appeals, and licensing shall report its
18findings to the board, and the board shall designate a time
19and place for a hearing, and shall notify the accused of this
20action and furnish the accused a copy of all charges at least
21thirty days prior to the date of the hearing. The accused has
22the right to appear personally or by counsel, to cross-examine
23witnesses, and to produce witnesses in defense.
24 Sec. 2028. Section 543C.4, subsections 1 and 2, Code 2023,
25are amended to read as follows:
261. The commission may request the department of
27inspections, and appeals, and licensing to conduct an
28investigation and inspection to be made of any subdivided land
29proposed to be offered for sale or lease in this state pursuant
30to this chapter. The department of inspections, and appeals,
31and licensing shall make a report of its findings.
322. If an inspection is to be made of subdivided land
33situated outside of this state and offered for sale in this
34state, the inspection as authorized by subsection 1 shall
35be made by the department of inspections, and appeals,
-1170-1and licensing at the expense of the subdivider. After the
2application required by section 543C.2 is filed and after
3the filing fee required by section 543C.8 is received, the
4commission may decide whether an inspection pursuant to this
5subsection is to be made. If the commission requires an
6inspection, the department of inspections, and appeals, and
7licensing shall so notify the subdivider and the subdivider
8shall remit to the department an amount equivalent to the
9round trip cost of travel from this state to the location
10of the project, as estimated by the department and a further
11amount estimated to be necessary to cover the additional
12expenses of inspection but not to exceed fifty dollars a day
13for each day incurred in the inspection. The costs of any
14subsequent inspections deemed necessary shall be paid for by
15the subdivider. At the completion of an inspection trip the
16department shall furnish the subdivider a statement as to the
17costs of the inspection trip, and if the costs are less than
18the amount advanced by the subdivider to the department, the
19remaining balance shall be refunded to the subdivider.
20 Sec. 2029. Section 544B.16, Code 2023, is amended to read
21as follows:
22544B.16 Complaints — procedure.
23A person may file a complaint with the board against a
24professional landscape architect or the board may initiate
25a complaint. Unless the complaint is dismissed by the
26board as unfounded or trivial, the board may request the
27department of inspections, and appeals, and licensing to
28conduct an investigation into the complaint. The department
29of inspections, and appeals, and licensing shall report its
30findings to the board, and the board shall hold a hearing
31within sixty days after the date on which the complaint is
32filed. The board shall fix the time and place for such hearing
33and shall cause a copy of the complaint, together with a notice
34of the time and place fixed for the hearing, to be served on
35the accused at least thirty days before the date fixed for the
-1171-1hearing. Where personal service cannot be effected, service
2may be effected by publication. At such hearing, the accused
3shall have the right to appear personally or by counsel, to
4cross-examine witnesses against the accused, and to produce
5evidence and witnesses in defense. After the hearing, the
6board may suspend or revoke the certificate of licensure. The
7board may restore the certificate of licensure to any person
8whose certificate of licensure has been revoked. Application
9for the restoration of a certificate of licensure shall be made
10in such manner, form, and content as the board may prescribe.
11 Sec. 2030. Section 546.2, subsection 6, unnumbered
12paragraph 1, Code 2023, is amended to read as follows:
13Each division is responsible for policymaking and
14enforcement duties assigned to the division under the law.
15Except as provided in section 546.10, subsection 3:
16 Sec. 2031. Section 546.3, subsection 1, Code 2023, is
17amended to read as follows:
181. The banking division shall regulate and supervise banks
19under chapter 524, debt management licensees under chapter
20533A, money services under chapter 533C, delayed deposit
21services under chapter 533D, mortgage bankers and brokers
22under chapter 535B, regulated loan companies under chapter
23536, and industrial loan companies under chapter 536A, real
24estate appraisers under chapter 543D, and appraisal management
25companies under chapter 543E, and shall perform other duties
26assigned to the division by law. The division is headed by the
27superintendent of banking who is appointed pursuant to section
28524.201. The state banking council shall render advice within
29the division when requested by the superintendent.
30 Sec. 2032. Section 600.2, subsection 2, Code 2023, is
31amended to read as follows:
322. “Investigator” means a natural person who is certified or
33approved by the department of human services, after inspection
34by the department of inspections, and appeals, and licensing,
35as being capable of conducting an investigation under section
-1172-1600.8.
2 Sec. 2033. Section 600A.2, subsection 5, Code 2023, is
3amended to read as follows:
45. “Certified adoption investigator” means a person who is
5certified and approved by the department of human services,
6after inspection by the department of inspections, and appeals,
7and licensing, as being capable of conducting an investigation
8under section 600.8.
9 Sec. 2034. Section 626.29, Code 2023, is amended to read as
10follows:
11626.29 Distress warrant by director of revenue, director of
12inspections, and appeals, and licensing, or director of workforce
13development.
14In the service of a distress warrant issued by the director
15of revenue for the collection of taxes administered by or debts
16to be collected by the department of revenue, in the service of
17a distress warrant issued by the director of inspections, and
18 appeals, and licensing for the collection of overpayment debts
19owed to the department of human services, or in the service of
20a distress warrant issued by the director of the department of
21workforce development for the collection of employment security
22contributions, the property of the taxpayer or the employer in
23the possession of another, or debts due the taxpayer or the
24employer, may be reached by garnishment.
25 Sec. 2035. Section 626.30, Code 2023, is amended to read as
26follows:
27626.30 Expiration or return of distress warrant.
28Proceedings by garnishment under a distress warrant issued
29by the director of revenue or the director of inspections, and
30 appeals, and licensing shall not be affected by the expiration
31or return of the warrant.
32 Sec. 2036. Section 626.31, Code 2023, is amended to read as
33follows:
34626.31 Return of garnishment — action docketed — distress
35action.
-1173- 1Where parties have been garnished under a distress
2warrant issued by the director of revenue or the director of
3inspections, and appeals, and licensing, the officer shall make
4return thereof to the court in the county where the garnishee
5lives, if the garnishee lives in Iowa, otherwise in the county
6where the taxpayer resides, if the taxpayer lives in Iowa;
7and if neither the garnishee nor the taxpayer lives in Iowa,
8then to the district court in Polk county, Iowa; the officer
9shall make return in the same manner as a return is made on
10a garnishment made under a writ of execution so far as they
11relate to garnishments, and the clerk of the district court
12shall docket an action thereon without fee the same as if a
13judgment had been recovered against the taxpayer in the county
14where the return is made, an execution issued thereon, and
15garnishment made thereunder, and thereafter the proceedings
16shall conform to proceedings in garnishment under attachments
17as nearly as may be. The warrant shall be considered in all
18respects as a final judgment.
19 Sec. 2037. Section 626.76, Code 2023, is amended to read as
20follows:
21626.76 Labor commissioner Department of inspections, appeals,
22and licensing director to represent.
23The labor commissioner, appointed pursuant to section
2491.2 director of the department of inspections, appeals,
25and licensing, may, at the labor commissioner’s director’s
26 discretion, represent laborers or employees seeking payment for
27labor or wage claims from the receiver, trustee, or assignee,
28or the court, or the person charged with the property, in
29accordance with and subject to the provisions of sections
30626.69 and 626.71.
31 Sec. 2038. Section 724.21A, subsections 1 and 6, Code 2023,
32are amended to read as follows:
331. In any case where the sheriff or the commissioner of
34public safety denies an application for or suspends or revokes
35a permit to carry weapons or a permit to acquire pistols
-1174-1or revolvers, the sheriff or commissioner shall provide a
2written statement of the reasons for the denial, suspension, or
3revocation and the applicant or permit holder shall have the
4right to appeal the denial, suspension, or revocation to an
5administrative law judge in the department of inspections, and
6 appeals, and licensing within thirty days of receiving written
7notice of the denial, suspension, or revocation.
86. The department of inspections, and appeals, and
9licensing shall adopt rules pursuant to chapter 17A as
10necessary to carry out the provisions of this section.
11 Sec. 2039. Section 729.6, subsection 9, paragraph a, Code
122023, is amended to read as follows:
13a. Investigating a workers’ compensation claim under chapter
1410A, subchapter III, and chapters 85, 85A, and 85B, and 86.
15 Sec. 2040. Section 815.11, subsection 1, Code 2023, is
16amended to read as follows:
171. Costs incurred for legal representation by a
18court-appointed attorney under chapter 229A, 665, 822, or 908,
19or section 232.141, subsection 3, paragraph “d”, or section
20598.23A, 600A.6B, 814.9, 814.10, 814.11, 815.4, 815.7, or
21815.10 on behalf of an indigent shall be paid from moneys
22appropriated by the general assembly to the office of the state
23public defender in the department of inspections, and appeals,
24and licensing and deposited in an account to be known as the
25indigent defense fund, except as provided in subsection 2.
26Costs incurred representing an indigent defendant in a contempt
27action, representing an indigent juvenile in a juvenile court
28proceeding, or representing a person pursuant to section 13B.13
29are also payable from the fund. However, costs incurred in any
30administrative proceeding or in any other proceeding under this
31chapter or chapter 598, 600, 600A, 633, 633A, 814, or 915 or
32other provisions of the Code or administrative rules are not
33payable from the fund.
34 Sec. 2041. Section 915.83, subsection 4, Code 2023, is
35amended to read as follows:
-1175- 14. Request from the department of human services, the
2department of workforce development and its, the division
3of workers’ compensation of the department of inspections,
4appeals, and licensing, the department of public safety, the
5county sheriff departments, the municipal police departments,
6the county attorneys, or other public authorities or agencies
7reasonable assistance or data necessary to administer the crime
8victim compensation program.
9 Sec. 2042. 2020 Iowa Acts, chapter 1064, section 16,
10subsection 4, is amended to read as follows:
114. Priority. In the case of multiple claims to payments
12filed under this section, priority shall be given to claims
13filed by the child support recovery unit or the foster care
14recovery unit, next priority shall be given to claims filed
15by the clerk of the district court, next priority shall be
16given to claims filed by the investigations division of the
17 department of inspections, and appeals, and licensing relating
18to investigations by the department, next priority shall be
19given to claims that will be deposited into the state general
20fund, and last priority shall be given to claims filed by other
21public agencies. In the case of multiple claims in which the
22priority is not otherwise provided by this subsection, priority
23shall be determined in accordance with rules to be established
24by the department.
25 Sec. 2043. CODE EDITOR DIRECTIVE.
261. The Code editor is directed to make the following
27transfers:
28a. Section 92.1 to section 92.1A.
29b. Section 92.1B to section 92.1.
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.
33 Sec. 2044. CONTINGENT EFFECTIVE DATE. The following takes
34effect on the effective date of the rules adopted by the
35department of revenue pursuant to chapter 17A implementing 2020
-1176-1Iowa Acts, chapter 1064, other than transitional rules:
2The section of this division of this Act amending 2020 Iowa
3Acts, chapter 1064.
4DIVISION IV
5DEPARTMENT OF JUSTICE
6 Sec. 2045. Section 6B.18, subsection 3, Code 2023, is
7amended to read as follows:
83. In case of condemnation proceedings instituted by the
9state department of transportation, when the owner appeals from
10the assessment made, such notice of appeal shall be served upon
11the attorney general, or the department general counsel to
12the state department of transportation, or the chief highway
13engineer for the department.
14 Sec. 2046. Section 8A.412, subsection 11, Code 2023, is
15amended to read as follows:
1611. Professional employees under the supervision of the
17attorney general, the state public defender, the secretary
18of state, the auditor of state, the treasurer of state, and
19the public employment relations board. However, employees of
20the consumer advocate division of the department of justice,
21other than the consumer advocate, and administrative law judges
22appointed or employed by the public employment relations board
23are subject to the merit system.
24 Sec. 2047. Section 13.2, subsection 1, paragraphs b and o,
25Code 2023, are amended to read as follows:
26b. Prosecute and defend in any other court or tribunal,
27all actions and proceedings, civil or criminal, in which the
28state may be a party or interested, when, in the attorney
29general’s judgment, the interest of the state requires such
30action, or when requested to do so by the governor, executive
31council, or general assembly. The attorney general may
32prosecute a criminal proceeding on behalf of the state even if
33a county attorney does not request the attorney general to act
34as a county attorney in a proceeding under section 331.754,
35subsection 7.
-1177- 1o. Submit a report by January 15 of each year to the
2co-chairpersons and ranking members of the joint appropriations
3subcommittee on the justice system, to the executive council,
4and to the legislative services agency detailing the amount of
5annual money receipts generated by each settlement or judgment
6in excess of two hundred fifty thousand dollars collected
7pursuant to legal proceedings under chapters 455B, 553, and 714
8all money settlement awards and court money awards that were
9awarded to the state of Iowa. The report shall include the
10name of the civil or criminal case involved, the specify the
11parties to each settlement or court proceeding, any court of
12jurisdiction, the settlement amount, the state’s share of the
13settlement amount, the name of the fund in which the receipts
14were deposited, and the planned use of the moneys.
15 Sec. 2048. Section 13.4, Code 2023, is amended to read as
16follows:
1713.4 Assistant and deputy attorneys general.
18The attorney general may appoint a first assistant chief
19deputy attorney general and such other deputy and assistant
20attorneys general as may be authorized by law, who shall devote
21their entire time to the duties of their positions. The deputy
22and assistant attorneys general shall, subject to the direction
23of the attorney general, have the same power and authority as
24the attorney general.
25 Sec. 2049. Section 13.6, Code 2023, is amended by striking
26the section and inserting in lieu thereof the following:
2713.6 Agency reimbursement for legal services.
28The attorney general may charge departments, agencies, and
29other state governmental entities for the cost of performing
30legal services for the department, agency, or governmental
31entity. Upon request of the attorney general, a department
32or agency shall provide and equip a suitable office for an
33assistant attorney general or other staff providing legal
34services exclusively for that department or agency.
35 Sec. 2050. Section 13.7, subsection 1, Code 2023, is amended
-1178-1to read as follows:
21. Compensation shall not be allowed to any person for
3services as an attorney or counselor to an executive department
4of the state government, or the head of an executive department
5of state government, or to a state board or commission A
6department, agency, or other state governmental entity shall
7not contract for legal services to be provided by a private
8attorney unless authorized by the executive council under
9this section or section 13.3. However, the The executive
10council may authorize employment of legal assistance, at a
11reasonable compensation, in a pending action or proceeding to
12protect the interests of the state, but only upon a sufficient
13showing, in writing, made by the attorney general, that the
14department of justice cannot for reasons stated by the attorney
15general perform the service. The reasons and action of the
16executive council shall be entered upon its records. If the
17attorney general determines that the department of justice
18cannot perform legal service in an action or proceeding,
19the executive council shall request the department involved
20in the action or proceeding to recommend legal counsel to
21represent the department. If the attorney general concurs with
22the department that the person recommended is qualified and
23suitable to represent the department, the person recommended
24shall be employed. If the attorney general does not concur
25in the recommendation, the department shall submit a new
26recommendation. This subsection does not affect the general
27counsel for the utilities board of the department of commerce,
28the legal counsel of the department of workforce development,
29or the general counsel for the property assessment appeal
30board.
31 Sec. 2051. Section 13.9, Code 2023, is amended to read as
32follows:
3313.9 Salary.
34The salary of the attorney general shall be as fixed by
35the general assembly, and the salaries of the first assistant
-1179-1 chief deputy attorney general and other deputy and assistant
2attorneys general shall be such as may be fixed by law.
3 Sec. 2052. Section 13.11, Code 2023, is amended by striking
4the section and inserting in lieu thereof the following:
513.11 Exclusive criminal jurisdiction over election crimes.
6Notwithstanding any provision of law to the contrary, the
7attorney general shall have exclusive jurisdiction to prosecute
8all criminal proceedings under chapter 39A.
9 Sec. 2053. Section 20.4, subsection 9, Code 2023, is amended
10to read as follows:
119. Persons employed by the state department of justice,
12except nonsupervisory employees of the consumer advocate
13division who are employed primarily for the purpose of
14performing technical analysis of nonlegal issues.
15 Sec. 2054. Section 25.1, subsection 2, unnumbered paragraph
161, Code 2023, is amended to read as follows:
17The state appeal board shall make a record of the receipt
18of claims received from the director of the department of
19management, notify the special assistant attorney general for
20claims, and deliver a copy to the state official or agency
21against whom the claim is made, if any.
22 Sec. 2055. Section 25.1, subsection 2, paragraph a, Code
232023, is amended to read as follows:
24a. The official or agency shall report its recommendations
25concerning the claim to the special assistant attorney general
26for claims who, with a view to determining the merits and
27legality of the claim, shall investigate the claim and report
28the findings and conclusions of the investigation to the state
29appeal board.
30 Sec. 2056. Section 25.2, subsection 1, unnumbered paragraph
311, Code 2023, is amended to read as follows:
32The state appeal board with the recommendation of the
33special assistant attorney general for claims may approve
34or reject claims against the state of less than five years
35involving the following:
-1180-1 Sec. 2057. Section 25.3, Code 2023, is amended to read as
2follows:
325.3 Filing with general assembly — testimony.
4On the second day after the convening of each regular
5session of the general assembly, the state appeal board shall
6file with the clerk of the house of representatives and the
7secretary of the senate a list of all claims rejected by the
8state appeal board together with a copy of the report made
9to it by the special assistant attorney general for claims
10 and its recommendation thereon for each claim, which report
11and recommendation shall be delivered to the claims committee
12of the house and senate. Any testimony taken by the special
13assistant attorney general for claims shall be preserved by the
14state appeal board and made available to the claims committee
15of the general assembly.
16 Sec. 2058. Section 25.4, Code 2023, is amended to read as
17follows:
1825.4 Assistant attorney Attorney general — salary.
19The attorney general shall appoint a special assistant
20attorney general for claims who shall, under the direction of
21the attorney general, investigate and report on all claims
22between the state and other parties, which may be referred to
23the state appeal board, and on any other claims or matters
24which the state appeal board or the attorney general may
25direct.
26 Sec. 2059. Section 25.5, Code 2023, is amended to read as
27follows:
2825.5 Testimony — filing with board.
29The special assistant attorney general for claims shall
30fully investigate each claim and the facts upon which same
31is based and may take testimony in the form of affidavits or
32otherwise, and in connection therewith shall ex officio be
33empowered to administer oaths, to compel the attendance of
34witnesses and certify to any district court for contempt. All
35testimony, affidavits, and other papers in connection with
-1181-1a claim, obtained by the special assistant attorney general
2for claims in making an investigation shall be filed with the
3report to the state appeal board.
4 Sec. 2060. Section 25.6, Code 2023, is amended to read as
5follows:
625.6 Claims by state against municipalities.
7The state appeal board may investigate and collect claims
8which the state has against municipal or political corporations
9in the state including counties, cities, townships, and school
10corporations. The board shall refer any such claim to the
11special assistant attorney general for claims, when the claim
12has not been promptly paid, and if the special assistant
13 attorney general for claims is not able to collect the full
14amount of the claim, the special assistant attorney general
15shall fully investigate and report to the state appeal board
16findings of fact and conclusions of law, together with any
17recommendation as to the claim. Thereafter the state appeal
18board may effect a compromise settlement with the debtor in an
19amount and under terms as the board deems just and equitable
20in view of the findings and conclusions reported to it. If
21the state appeal board is unable to collect a claim in full
22or effect what it has determined to be a fair compromise, it
23shall deliver the claim to the attorney general for action
24as the attorney general shall determine and the special
25assistant attorney general for claims is specifically charged
26with carrying out the directions of the attorney general with
27reference to the claim. When a claim is compromised by the
28state appeal board, the board shall file with the department
29of management and the department of administrative services a
30statement as to the settlement, together with a true copy of
31the agreement of settlement, and if in settlement an amount
32less than the face amount is accepted in full, the proper
33entries shall be made in the books of the department of
34management, the department of administrative services, and the
35auditor of state showing the amount of the claim, the amount of
-1182-1the settlement, and the amount charged off.
2 Sec. 2061. Section 39A.6, subsection 4, Code 2023, is
3amended to read as follows:
44. Upon issuing a technical infraction, the state
5commissioner shall immediately inform the attorney general and
6relevant county attorney if the apparent violation constitutes
7or may constitute election misconduct under this chapter.
8 Sec. 2062. Section 39A.7, Code 2023, is amended to read as
9follows:
1039A.7 Election misconduct — investigation.
111. The attorney general or county attorney shall
12investigate allegations of election misconduct reported to the
13attorney general or county attorney. Election misconduct by an
14election official shall also be investigated for prosecution
15under chapter 721.
162. Upon the completion of an investigation required by this
17section, the attorney general or county attorney shall submit
18the results of the investigation to the state commissioner and
19explain whether the attorney general or county attorney will
20pursue charges.
21 Sec. 2063. Section 48A.41, subsection 2, Code 2023, is
22amended to read as follows:
232. If in the course of an audit under this section the state
24registrar of voters finds that a commissioner of registration
25has failed to perform required voter list maintenance,
26the state registrar of voters shall submit the audit to
27the relevant county attorney and attorney general within
28twenty-four hours for investigation of a violation of section
2939A.3, subsection 1, paragraph “b”, subparagraph (9), or other
30provision of law.
31 Sec. 2064. Section 80.1, Code 2023, is amended to read as
32follows:
3380.1 Department created.
34There is hereby created a department of the state government
35which shall be known and designated as the department of public
-1183-1safety, which shall consist of a commissioner of public safety
2and of such officers and employees as may be required, one of
3whom shall be an attorney admitted to practice law in this
4state. Such attorney shall be an assistant attorney general
5appointed by the attorney general who shall fix the assistant’s
6salary. The department shall reimburse the attorney general
7for the salary and expense of such assistant attorney general
8and furnish the assistant a suitable office if requested by the
9attorney general.
10 Sec. 2065. Section 307.23, Code 2023, is amended to read as
11follows:
12307.23 General Legal counsel.
131. The general counsel shall be a special assistant attorney
14general appointed by the attorney general who shall act as the
15attorney for the department. The general counsel shall have
16the following duties and responsibilities It shall be the duty
17of the attorney general to do all of the following:
18a. Act as legal advisor to the department, commission, and
19the director.
20b. Provide all legal services for the department.
212. The attorney general shall appoint additional assistant
22attorneys general as the director deems necessary to carry
23out the these duties assigned to the office of the general
24counsel. The salary of the general counsel shall be fixed by
25the director, subject to the approval of the attorney general.
26The director shall provide and furnish a suitable office for
27the general counsel upon request of the attorney general.
28 Sec. 2066. Section 327C.30, Code 2023, is amended to read
29as follows:
30327C.30 Duty of department, general counsel attorney general,
31 and county attorney.
32When any proceeding has been instituted under sections
33327C.28 and 327C.29, the department attorney general counsel
34 shall prosecute the same, and the county attorney of the
35county in which such proceeding is pending shall render such
-1184-1assistance as the department attorney general counsel may
2require.
3 Sec. 2067. Section 331.756, subsection 49, Code 2023, is
4amended to read as follows:
549. Assist, upon request, the department of
6transportation’s attorney general counsel in the prosecution of
7violations of common carrier laws and regulations as provided
8in section 327C.30.
9 Sec. 2068. Section 475A.1, subsections 1 and 2, Code 2023,
10are amended to read as follows:
111. Appointment. The attorney general shall appoint a
12competent attorney to the office of consumer advocate, who
13shall serve at the pleasure of the attorney general, subject to
14confirmation by the senate, no less frequently than once every
15four years, in accordance with section 2.32. The consumer
16advocate is the chief administrator of the consumer advocate
17division of the department of justice. The advocate’s term of
18office is for four years. The term begins and ends in the same
19manner as set forth in section 69.19.
202. Vacancy. If a vacancy occurs in the office of consumer
21advocate, the vacancy shall be filled for the unexpired term in
22the same manner as an original appointment under the procedures
23of section 2.32.
24 Sec. 2069. Section 475A.1, subsection 5, Code 2023, is
25amended by striking the subsection.
26 Sec. 2070. Section 475A.2, subsections 2 and 5, Code 2023,
27are amended to read as follows:
282. Act as attorney for and represent Represent the interests
29of all consumers generally and the public generally in all
30proceedings before the utilities board.
315. Act as attorney for and represent Represent the
32interests of all consumers generally and the public generally
33in proceedings before federal and state agencies and related
34judicial review proceedings and appeals, at the discretion of
35the consumer advocate.
-1185-1 Sec. 2071. Section 475A.3, subsection 2, Code 2023, is
2amended to read as follows:
32. Employees. The consumer advocate attorney general
4 may employ attorneys, legal assistants, secretaries, clerks,
5and other employees the consumer advocate finds necessary
6for the full and efficient discharge of the duties and
7responsibilities of the office consumer advocate division. The
8consumer advocate may employ consultants as expert witnesses
9or technical advisors pursuant to contract as the consumer
10advocate finds necessary for the full and efficient discharge
11of the duties of the office. Employees of the consumer
12advocate division, other than the consumer advocate, are
13subject to merit employment, except as provided in section
148A.412.
15 Sec. 2072. REPEAL. Section 13.5, Code 2023, is repealed.
16 Sec. 2073. EFFECTIVE DATE. This division of this Act, being
17deemed of immediate importance, takes effect upon enactment.
18DIVISION V
19ECONOMIC DEVELOPMENT AUTHORITY
20cultural affairs
21 Sec. 2074. Section 7E.5, subsection 1, paragraph g, Code
222023, is amended to read as follows:
23g. The economic development authority, created in section
2415.105, which has responsibility for ensuring that the
25economic development policies of the state are effectively and
26efficiently carried out, and for managing the state’s interest
27in the areas of the arts, history, and other cultural matters.
28 Sec. 2075. Section 7E.5, subsection 1, paragraph l, Code
292023, is amended by striking the paragraph.
30 Sec. 2076. Section 8A.412, subsection 14, Code 2023, is
31amended by striking the subsection.
32 Sec. 2077. Section 15.108, subsection 5, paragraph c, Code
332023, is amended to read as follows:
34c. Coordinate and develop with the department of
35transportation, the department of natural resources, the
-1186-1department of cultural affairs, the enhance Iowa board,
2other state agencies, and local and regional entities public
3interpretation, marketing, and education programs that
4encourage Iowans and out-of-state visitors to participate in
5the recreational and leisure opportunities available in Iowa.
6The authority shall establish and administer a program that
7helps connect both Iowa residents and residents of other states
8to new and existing Iowa experiences as a means to enhance the
9economic, social, and cultural well-being of the state. The
10program shall include a broad range of new opportunities, both
11rural and urban, including main street destinations, green
12space initiatives, and artistic and cultural attractions.
13 Sec. 2078. Section 15.108, subsection 5, paragraph l, Code
142023, is amended by striking the paragraph.
15 Sec. 2079. Section 15.108, subsection 9, Code 2023, is
16amended by striking the subsection and inserting in lieu
17thereof the following:
189. Cultural affairs. To develop the state’s interest in
19the areas of the arts, history, and other cultural matters. To
20carry out this responsibility, the authority shall:
21a. Accept, receive, and administer grants or other funds or
22gifts from public or private agencies, including the federal
23government, for the authority.
24b. Administer the Iowa cultural trust, as advised and
25assisted by the Iowa arts council, as provided in chapter 303A,
26and do all of the following:
27(1) Develop and adopt by rule criteria for the issuance
28of trust fund credits by measuring the efforts of qualified
29organizations to increase their endowment or other resources
30for the promotion of the arts, history, or the sciences and
31humanities in Iowa. For purposes of this paragraph, “qualified
32organization” means a tax-exempt, nonprofit organization
33whose primary mission is to promote the arts, history, or the
34sciences and humanities in Iowa. If the authority determines
35that a qualified organization has increased the amount of the
-1187-1qualified organization’s endowment and other resources, the
2authority shall certify the amount of increase in the form of
3trust fund credits to the treasurer, who shall deposit in the
4Iowa cultural trust fund, from moneys received for purposes
5of the trust fund as provided in section 303A.4, subsection
62, an amount equal to the trust fund credits. If the amount
7of the trust fund credits issued by the authority exceeds the
8amount of moneys available to be deposited in the trust fund as
9provided in section 303A.4, subsection 2, the outstanding trust
10fund credits shall not expire but shall be available to draw
11down additional moneys which become available to be deposited
12in the trust fund as provided in section 303A.4, subsection 2.
13(2) Develop and implement, in accordance with subchapter
14II, part 30, a grant application process for grants issued to
15qualified organizations.
16(3) Develop and adopt by rule criteria for the approval of
17Iowa cultural trust grants. The criteria shall include but
18shall not be limited to the future stability and sustainability
19of a qualified organization.
20(4) Compile, in consultation with the Iowa arts council,
21a list of grant applications recommended for funding in
22accordance with the amount available for distribution as
23provided in section 303A.6, subsection 3. The list of
24recommended grant applications shall be submitted to the Iowa
25cultural trust board of trustees for approval.
26(5) Monitor the allocation and use of grant moneys by all
27qualified organizations to determine whether moneys are used
28in accordance with the provisions of this paragraph “b” and
29subchapter II, part 30.The authority shall annually submit
30a report with the authority’s findings and recommendations to
31the Iowa cultural trust board of trustees prior to final board
32action in approving grants for the next succeeding fiscal year.
33c. Design a comprehensive, statewide, long-range plan with
34the assistance of the Iowa arts council to develop the arts
35in Iowa. The authority is designated as the state agency for
-1188-1carrying out the plan.
2d. By rule, establish advisory groups as necessary for the
3receipt of federal funds or grants or the administration of any
4of the authority’s programs.
5e. Develop and implement fee-based educational programming
6opportunities, including preschool programs, related to arts,
7history, and other cultural matters for Iowans of all ages.
8f. Conduct surveys of existing art and cultural programs
9and activities within the state, including but not limited to
10music, theater, dance, painting, sculpture, architecture, and
11allied arts and crafts. The authority shall submit a report
12on the survey to the governor and to the general assembly no
13later than ten calendar days after the commencement of each
14first session of the general assembly recommending appropriate
15legislation or other action as the authority deem appropriate.
16g. Establish and administer a film office. The purpose
17of the film office is to assist legitimate film, television,
18and video producers in the production of film, television, and
19video projects in the state, and to increase the fiscal impact
20on the state’s economy of film, television, and video projects
21produced in the state.
22 Sec. 2080. Section 15.108, Code 2023, is amended by adding
23the following new subsection:
24 NEW SUBSECTION. 12. Miscellaneous. To provide other
25necessary services, the authority shall do all of the
26following:
27a. Collect and assemble, or cause to have collected and
28assembled, all pertinent information available regarding the
29industrial, agricultural, and public and private recreation
30and tourism opportunities and possibilities of the state
31of Iowa, including raw materials and products that may be
32produced from the raw materials; power and water resources;
33transportation facilities; available markets; the banking and
34financing facilities; the availability of industrial sites; the
35advantages of the state as a whole, and particular sections
-1189-1of the state, as industrial locations; the development of a
2grain alcohol motor fuel industry and its related products;
3and other fields of research and study as the board deems
4necessary. This information shall consider the encouragement
5of new industrial enterprises in the state and the expansion
6of industries now existing within the state, and allied fields
7to those industries. The information shall also consider the
8changing composition of the Iowa family, the level of poverty
9among different age groups, and different family structures in
10Iowa society and their impact on Iowa families.
11b. Apply for, receive, contract for, and expend federal
12funds and grants, and funds and grants from other sources.
13c. Except as otherwise provided in sections 8A.110, 260C.14,
14and 262.9, provide that an inventor whose research is funded
15in whole or in part by the state shall assign to the state a
16proportionate part of the inventor’s rights to a letter patent
17resulting from that research. The state's portion of the
18royalties or earnings derived from a letter patent shall be
19paid to the treasurer of state and credited by the treasurer to
20the general fund of the state. The authority, in conjunction
21with other state agencies including the board of regents,
22shall provide incentives to inventors whose research is funded
23in whole or in part by the state to encourage the inventors
24to have the invented products produced in the state. The
25incentives may include the state receiving a smaller portion of
26the inventor’s royalties or earnings than would otherwise occur
27under this paragraph or other provisions of law.
28d. Administer or oversee federal rural economic development
29programs in the state.
30e. At the director’s discretion, accept payment by
31credit card of any fees, interest, penalties, subscriptions,
32registrations, purchases, or other payments, or any portion of
33such payments, which are due or collected by the authority.
34The authority may adjust the amount of the payment to reflect
35the costs of processing the payment as determined by the
-1190-1treasurer of state. Payment by credit card shall include, in
2addition to all other charges, any discount charged by the
3credit card issuer.
4f. Provide technical assistance to individuals who
5are pursuing the purchase and operation of employee-owned
6businesses.
7g. Administer the Iowa energy center established in section
815.120. This paragraph “g” is repealed July 1, 2027.
9h. Administer the partner state program created in section
1015.421.
11 Sec. 2081. Section 15.274, Code 2023, is amended to read as
12follows:
1315.274 Promotional program for national historic landmarks
14and cultural and entertainment districts.
15The economic development authority, in cooperation with
16the state department of transportation and the department of
17cultural affairs, shall establish and administer a program
18designed to promote knowledge of and access to buildings,
19sites, districts, structures, and objects located in this state
20that have been designated by the secretary of the interior
21of the United States as a national historic landmark, unless
22the national historic landmark is protected under section
2322.7, subsection 20, and certified cultural and entertainment
24districts, as established pursuant to section 303.3B. The
25program shall be designed to maximize the visibility and
26visitation of national historic landmarks in this state and
27buildings, sites, structures, and objects located in certified
28cultural and entertainment districts, as established pursuant
29to section 303.3B. Methods used to maximize the visibility and
30visitation of such locations may include the use of tourism
31literature, signage on highways, maps of the state and cities,
32and internet sites. For purposes of this section, “highway”
33means the same as defined in section 325A.1.
34 Sec. 2082. Section 99F.11, subsection 4, paragraph d,
35subparagraph (1), Code 2023, is amended to read as follows:
-1191- 1(1) Five hundred twenty thousand dollars is appropriated
2each fiscal year to the department of cultural affairs economic
3development authority with one-half of the moneys allocated for
4operational support grants and the remaining one-half allocated
5for the community cultural grants program established under
6section 303.3.
7 Sec. 2083. Section 103A.45, subsection 4, Code 2023, is
8amended to read as follows:
94. Consult with state agencies, including the state
10fire marshal department of inspections, appeals, and
11licensing and the department of cultural affairs economic
12development authority, governmental subdivisions, architects,
13engineers, and others who have knowledge of or interest in the
14rehabilitation, preservation, restoration, and relocation of
15historic buildings, with respect to matters relating to the
16state historic building code.
17 Sec. 2084. Section 303.3, subsections 1 and 2, Code 2023,
18are amended to read as follows:
191. The department authority shall establish a grant program
20for cities and nonprofit, tax-exempt community organizations
21for the development of community programs that provide local
22jobs for Iowa residents and also promote Iowa’s historic,
23ethnic, and cultural heritages through the development
24of festivals, music, drama, cultural programs, or tourist
25attractions. A city or nonprofit, tax-exempt community
26organization may submit an application to the department
27 authority for review. The department authority shall establish
28criteria for the review and approval of grant applications.
29The amount of a grant shall not exceed fifty percent of
30the cost of the community program. Each application shall
31include information demonstrating that the city or nonprofit,
32tax-exempt community organization will provide matching funds
33of fifty percent of the cost of the program. The matching
34funds requirement may be met by substituting in-kind services,
35based on the value of the services, for actual dollars.
-1192- 12. The department authority shall establish a grant program
2which provides general operating budget support to major,
3multidisciplined multidisciplinary cultural organizations
4which that demonstrate cultural and managerial excellence
5on a continuing basis to the citizens of Iowa. Applicant
6organizations must be incorporated under chapter 504, be exempt
7from federal taxation, and not be attached or affiliated with
8an educational institution. Eligible organizations shall
9be operated on a year-round basis and employ at least one
10full-time, paid professional staff member. The department
11 authority shall establish criteria for review and approval
12of grant applications. Criteria established shall include,
13but are not limited to, a matching funds requirement. The
14matching funds requirement shall permit an applicant to meet
15the matching requirement by demonstrating that the applicant’s
16budget contains funds, other than state and federal funds, in
17excess of the grant award.
18 Sec. 2085. Section 303.3A, subsection 1, paragraph c, Code
192023, is amended by striking the paragraph.
20 Sec. 2086. Section 303.3A, subsections 2 and 3, Code 2023,
21are amended to read as follows:
222. The department authority shall administer regional
23conferences and a statewide caucus on arts and cultural
24enhancement. The purpose of the conferences and caucus is to
25encourage the development of the arts and culture in the state
26by in all of the following ways:
27a. Byidentifying opportunities for programs involving
28education, outreach, and enhancement; by.
29b. Byreviewing possible changes in enhancement program
30policies, programs, and funding; and by.
31c. Bymaking recommendations to the department authority
32 regarding funding allocations and priorities for arts and
33cultural enhancement.
343. a. Every four years beginning in June 2001 2025, the
35department authority shall convene a statewide caucus on arts
-1193-1and cultural enhancement.
2a. b. Prior to the statewide caucus, the department
3 authority shall make arrangements to hold a conference in each
4of several regions of the state as determined by the Iowa arts
5council. The department authority shall promote attendance
6of interested persons at each conference. A designee of
7the department shall serve as temporary chairperson until
8persons attending the conference elect a chairperson. The
9department authority shall provide persons attending the
10conference with current information regarding cultural programs
11and expenditures. Persons attending the conference shall
12identify opportunities for programs in the areas of education,
13outreach, and enhancement, and make recommendations in the
14form of a resolution. The persons attending the conference
15shall elect six persons from among the attendees to serve
16as regional, voting delegates to the statewide caucus. The
17conference attendees shall elect a chairperson from among the
18six representatives. Other interested persons are encouraged
19to attend the statewide caucus as nonvoting attendees.
20b. c. The department authority shall charge a reasonable
21fee for attendance at the statewide caucus on arts and cultural
22enhancement.
23c. d. A designee of the department authority shall call the
24statewide caucus to order and serve as temporary chairperson
25until persons attending the caucus elect a chairperson.
26Persons attending the caucus shall discuss the recommendations
27of the regional conferences and decide upon recommendations to
28be made to the department authority and the general assembly.
29Elected chairpersons of the regional conferences shall meet
30with representatives of the department authority and present
31the recommendations of the caucus.
32 Sec. 2087. Section 303.3B, Code 2023, is amended to read as
33follows:
34303.3B Cultural and entertainment districts.
351. The department of cultural affairs authority shall
-1194-1establish and administer a cultural and entertainment district
2certification program. The program shall encourage the growth
3of communities through the development of areas within a city
4or county for public and private uses related to cultural and
5entertainment purposes.
62. A city or county may create and designate a cultural
7and entertainment district subject to certification
8by the department of cultural affairs, in consultation
9with the economic development authority. A cultural and
10entertainment district is encouraged to include a unique form
11of transportation within the district and for transportation
12between the district and recreational trails. A cultural and
13entertainment district certification shall remain in effect for
14ten years following the date of certification. Two or more
15cities or counties may apply jointly for certification of a
16district that extends across a common boundary. Through the
17adoption of administrative rules, the department of cultural
18affairs authority shall develop a certification application
19for use in the certification process. The provisions of this
20subsection relating to the adoption of administrative rules
21shall be construed narrowly.
223. The department of cultural affairs authority shall
23encourage development projects and activities located in
24certified cultural and entertainment districts through
25incentives under cultural grant programs pursuant to section
26303.3, chapter 303A part 30, and any other applicable grant
27programs.
28 Sec. 2088. Section 303.3C, subsection 1, paragraphs a, d,
29and f, Code 2023, are amended to read as follows:
30a. The department of cultural affairs authority shall
31establish and administer an Iowa great places program for
32purposes of combining resources of state government in an
33effort to showcase the unique and authentic qualities of
34communities, regions, neighborhoods, and districts that
35make such places exceptional places to work and live. The
-1195-1department of cultural affairs authority shall provide
2administrative assistance to the Iowa great places board. The
3department of cultural affairs authority shall coordinate
4the efforts of the Iowa great places board with the efforts
5of state agencies participating in the program which shall
6include, but not be limited to, the economic development
7authority, the Iowa finance authority, the department of
8human rights, the department of natural resources, the state
9department of transportation, and the department of workforce
10development.
11d. The department of cultural affairs authority shall work
12in cooperation with the vision Iowa and community attraction
13and tourism programs enhance Iowa board for purposes of
14maximizing and leveraging moneys appropriated to identified
15Iowa great places.
16f. The department of cultural affairs authority shall
17account for any funds appropriated from the endowment for
18Iowa’s health restricted capitals fund for an identified Iowa
19great place.
20 Sec. 2089. Section 303.3C, subsection 2, paragraph a, Code
212023, is amended to read as follows:
22a. The Iowa great places board is established consisting of
23twelve members. The board shall be located for administrative
24purposes within the department of cultural affairs authority
25 and the director shall provide office space, staff assistance,
26and necessary supplies and equipment for the board. The
27director shall budget moneys to pay the compensation and
28expenses of the board. In performing its functions, the board
29is performing a public function on behalf of the state and is a
30public instrumentality of the state.
31 Sec. 2090. Section 303.3D, subsections 1 and 3, Code 2023,
32are amended to read as follows:
331. An Iowa great places program fund is created under the
34authority of the department of cultural affairs. The fund
35shall consist of appropriations made to the fund and transfers
-1196-1of interest, earnings, and moneys from other funds as provided
2by law. Notwithstanding section 12C.7, subsection 2, interest
3or earnings on investments or time deposits of the moneys in
4the Iowa great places program fund shall be credited to the
5Iowa great places program fund.
63. In awarding moneys the department of cultural affairs
7 authority shall give consideration to the particular needs of
8each identified Iowa great place.
9 Sec. 2091. Section 303.3E, Code 2023, is amended to read as
10follows:
11303.3E Culture, history, and arts teams program.
121. The department of cultural affairs authority shall
13establish and administer a statewide program facilitating the
14promotion of culture, history, and arts in Iowa. The program’s
15purpose shall be to encourage cooperation and collaboration
16among the various state and local organizations working in
17these areas to improve Iowa’s quality of life.
182. The department authority shall implement the program
19by working with the local organizations to establish local
20committees. Each committee shall:
21a. Include representatives from local organizations
22dedicated to promoting culture, history, and arts.
23b. Gather and disseminate information on the cultural,
24historical, and arts opportunities in the regions.
25c. Enhance communication among the local organizations.
26d. Assist the staff members of local organizations in
27obtaining technical and professional training.
283. The department authority shall assist local
29organizations in the delivery of technical services,
30professional training, and programming opportunities by working
31with these committees.
32 Sec. 2092. Section 303.20, unnumbered paragraph 1, Code
332023, is amended to read as follows:
34As used in this subchapter of this chapter part, unless the
35context otherwise requires:
-1197-1 Sec. 2093. Section 303.20, subsections 2 and 3, Code 2023,
2are amended to read as follows:
32. “Commission” is the five-person body, elected by the
4registered voters in the historical preservation district from
5persons living in the district for the purpose of administering
6this subchapter of this chapter part.
73. “District” means a historical preservation district
8established under this subchapter of this chapter part.
9 Sec. 2094. Section 303.20, subsection 4, Code 2023, is
10amended by striking the subsection.
11 Sec. 2095. Section 303.21, Code 2023, is amended to read as
12follows:
13303.21 Petition.
141. The eligible voters in an area of asserted historical
15significance may petition the department authority for a
16referendum for the establishment of a district.
172. The petition must be signed by not less than ten percent
18of the eligible voters of in the area of asserted historical
19significance and shall contain both a description of the
20property suggested for inclusion in the district and the
21reasons justifying the creation of the district.
22 Sec. 2096. Section 303.22, Code 2023, is amended to read as
23follows:
24303.22 Action by department the authority.
251. The department authority shall hold a hearing not less
26than thirty days or and not more than sixty days after the
27petition is received. The department authority shall publish
28notice of the hearing, at a reasonable time before the hearing
29is to take place, and shall post notice of the hearing in a
30reasonable number of places within the suggested district. The
31cost of notification shall be paid by the persons who petition
32for the establishment of a district.
332. At the hearing the department authority shall hear
34interested persons, accept written presentations, and shall
35determine whether the suggested district is an area of
-1198-1historical significance which may properly be established as a
2historical preservation district pursuant to the provisions of
3this subchapter of this chapter part. The department authority
4 may determine the boundaries which shall be established for the
5district. The department authority shall not include property
6which is not included in the suggested district unless the
7owner of the property is given an opportunity to be heard.
83. The department, if it If the authority determines that
9the suggested district meets the criteria for establishment
10as a historical preservation district, the authority shall
11indicate the owners of the property and residents included and
12shall forward a list of owners and residents to the county
13commissioner of elections.
144. If the department authority determines that the
15suggested district does not meet the criteria for establishment
16as a historical preservation district, it the authority shall
17so notify the petitioners.
18 Sec. 2097. Section 303.23, Code 2023, is amended to read as
19follows:
20303.23 Referendum.
21Within thirty days after the receipt of the list of owners
22of property and residents within the suggested historical
23preservation district, the department authority shall fix a
24date not more than forty-five days from the receipt of the
25petition seeking a referendum on the question of establishment
26of a historical preservation district. The department
27 authority, after consultation with the county commissioner of
28elections, shall specify the polling place within the suggested
29district that will best serve the convenience of the voters
30and shall appoint from residents of the proposed district
31 three judges and two clerks of election from residents of the
32proposed district.
33 Sec. 2098. Section 303.24, Code 2023, is amended to read as
34follows:
35303.24 Notice.
-1199- 1The department authority, after consultation with the county
2commissioner of elections, shall post notice of the referendum
3in a reasonable number of places within the suggested district
4a reasonable time before it the referendum is to take place.
5The notice shall state the purpose of the referendum, a
6description of the district, the date of the referendum, the
7location of the polling place, and the hours when the polls
8will be open and close.
9 Sec. 2099. Section 303.26, subsection 3, Code 2023, is
10amended to read as follows:
113. Of the initial commission, the person receiving the
12highest number of votes shall receive serve a five-year term of
13office, the next highest shall serve a four-year term, the next
14highest shall serve a three-year term, the next highest shall
15serve a two-year term, and the fifth highest shall serve a
16one-year term. Thereafter, an election shall be held annually
17in the district to elect a member to a five-year term as each
18term expires.
19 Sec. 2100. Section 303.29, Code 2023, is amended to read as
20follows:
21303.29 Use of structures.
22No A change in the use of any structure or property within
23a designated historical district shall not be permitted until
24after an application for a certificate of appropriateness
25has been submitted to, and been approved by the commission.
26For purposes of this section “use” means the legal enjoyment
27of property that consists in its employment, exercise, or
28practice.
29 Sec. 2101. Section 303.32, Code 2023, is amended to read as
30follows:
31303.32 Ordinary maintenance and repair.
32Nothing in this subchapter of this chapter This part shall
33not be construed to prevent the ordinary maintenance or repair
34of any exterior feature in a district which does not involve a
35change in design, material or outer appearance, nor to prevent
-1200-1the construction, reconstruction, alteration, restoration
2or demolition of any such feature which is required by for
3 public safety because of reasons due to an unsafe or dangerous
4condition.
5 Sec. 2102. Section 303.34, subsections 1 and 4, Code 2023,
6are amended to read as follows:
71. An area of historical significance shall be proposed by
8the governing body of the city on its the governing body’s own
9motion or upon the receipt by the governing body of a petition
10signed by residents of the city. The city shall submit a
11description of the proposed area of historical significance or
12the petition describing the proposed area, if the proposed area
13is a result of the receipt of a petition, to the historical
14division which state historic preservation officer who shall
15determine if the proposed area meets the criteria in subsection
162 and may make recommendations concerning the proposed area.
17Any recommendations made by the division state historic
18preservation officer shall be made available by the city to
19the public for viewing during normal working hours at a city
20government place of public access.
214. An area shall be designated an area of historical
22significance upon enactment of an ordinance of by the city.
23Before Prior to enactment of the ordinance or enactment of
24 an amendment to the ordinance is enacted, the governing body
25of the city shall submit the ordinance or amendment to the
26historical division state historic preservation officer for its
27 review and recommendations.
28 Sec. 2103. Section 303.87, Code 2023, is amended to read as
29follows:
30303.87 Duties of Iowa arts council.
31The Iowa arts council shall:
321. Advise the director with respect to policies, programs,
33and procedures for carrying out the administrator’s functions,
34duties, or responsibilities.
352. Review review programs to be supported and make
-1201-1recommendations on the programs to the director.
2 Sec. 2104. Section 303.88, Code 2023, is amended to read as
3follows:
4303.88 Administrator’s Authority’s powers and authority.
5The arts division administrator may authority shall:
61. Make and sign any agreements and perform any acts which
7are necessary, desirable, or proper to carry out the purpose of
8the division.
92. Request and obtain assistance and data from any
10department, division, board, bureau, commission, or agency of
11the state.
123. Accept any federal funds granted, by Act of Congress or
13by executive order, for all or any purposes of this subchapter
14 part, and receive and disburse as the official agent of the
15state any funds made available by the national endowment for
16the arts.
174. 2. Accept gifts, contributions, endowments, bequests,
18or other moneys available for all or any of the purposes
19of the division this part. Interest earned on the gifts,
20contributions, endowments, bequests, or other moneys accepted
21under this subsection part shall be credited to the fund or
22funds to which the gifts, contributions, endowments, bequests,
23or other moneys have been deposited, and is available for all
24or any of the purposes of the division authority under this
25part.
26 Sec. 2105. Section 303A.1, Code 2023, is amended to read as
27follows:
28303A.1 Short title.
29This chapter part shall be known and may be cited as the
30“Iowa Cultural Trust Act”.
31 Sec. 2106. Section 303A.3, unnumbered paragraph 1, Code
322023, is amended to read as follows:
33For purposes of this chapter part, unless the context
34otherwise requires:
35 Sec. 2107. Section 303A.3, subsections 2 and 3, Code 2023,
-1202-1are amended by striking the subsections.
2 Sec. 2108. Section 303A.4, subsections 1, 2, and 4, Code
32023, are amended to read as follows:
41. The Iowa cultural trust is created as a public body
5corporate organized for the purposes, with the powers, and
6subject to the restrictions, set forth in this chapter part.
72. An Iowa cultural trust fund is created in the office
8of the treasurer of state for the purpose of receiving moneys
9appropriated by the general assembly and any other moneys
10available to the trust fund due to the issuance of trust fund
11credits by the director as provided in section 303.1A 15.108,
12subsection 1 9, paragraph “f” “b”, subparagraph (1).
134. a. The treasurer of state shall act as custodian of
14the fund, shall invest moneys in the trust fund, and shall
15transfer the interest attributable to the investment of trust
16fund moneys to the grant account created in section 303A.7.
17The trust fund’s principal shall not be used or accessed by the
18department or the board for any purpose.
19b. Notwithstanding paragraph “a”, for each of the following
20fiscal years, the treasurer of state shall transfer the
21following amounts from the principal of the trust fund to the
22grant account created in section 303A.7:
23(1) For the fiscal year beginning July 1, 2013, and ending
24June 30, 2014, fifty thousand dollars.
25(2) For the fiscal year beginning July 1, 2014, and ending
26June 30, 2015, fifty thousand dollars.
27 Sec. 2109. Section 303A.5, subsections 1 and 6, Code 2023,
28are amended to read as follows:
291. A board of trustees of the Iowa cultural trust is
30created. The general responsibility for the proper operation
31of the trust is vested in the board of trustees, which shall
32consist of thirteen members as follows:
33a. Nine public members, five of whom shall be appointed
34by the governor, subject to confirmation by the senate. The
35majority leader of the senate, the minority leader of the
-1203-1senate, the speaker of the house, and the minority leader of
2the house of representatives shall each appoint one public
3member. A public member of the board appointed in accordance
4with this section shall not also serve concurrently as a member
5of the state historical society board of trustees or the Iowa
6state arts council.
7b. Four ex officio, nonvoting members, consisting of the
8treasurer of state or the treasurer’s designee, the director of
9the department of cultural affairs authority or the director’s
10designee, the chairperson of the state historical society
11board of trustees elected pursuant to section 303.6, and the
12chairperson of the Iowa arts council designated pursuant to
13section 303.86.
146. The board shall be located for administrative purposes
15within the department authority. The department authority,
16subject to approval by the board, shall adopt administrative
17rules pursuant to chapter 17A necessary to administer the
18income derived from the Iowa cultural trust fund and to perform
19specific powers and duties as provided in section 303A.6. The
20director shall budget funds to pay the expenses of the board
21and administer this chapter part.
22 Sec. 2110. Section 303A.6, subsections 1 and 2, Code 2023,
23are amended to read as follows:
241. Enter into agreements with any qualified organization,
25the state, or any federal or other state agency, or other
26entity as required to administer this chapter part.
272. Approve or disapprove the grants recommended for
28approval by the director, in consultation with the Iowa arts
29council and the state historical society of Iowa, in accordance
30with section 303.1A 15.108, subsection 1 9, paragraph “f”,
31subparagraph (3) “b”. The board may delete remove any
32recommendation from the list, but shall not add to or otherwise
33amend the list of recommended grants.
34 Sec. 2111. Section 306D.2, subsection 1, unnumbered
35paragraph 1, Code 2023, is amended to read as follows:
-1204- 1The state department of transportation shall prepare a
2statewide, long-range plan for the protection, enhancement,
3and identification of highways and secondary roads which pass
4through unusually scenic areas of the state as identified
5in section 306D.1. The department of natural resources,
6department of the economic development authority, and
7department of cultural affairs, private organizations, county
8conservation boards, city park and recreation departments,
9and the federal agencies having jurisdiction over land in the
10state shall be encouraged to assist in preparing the plan. The
11plan shall be coordinated with the state’s open space plan
12if a state open space plan has been approved by the general
13assembly. The plan shall include, but is not limited to, the
14following elements:
15 Sec. 2112. Section 321.252, subsection 3, paragraph a,
16subparagraph (1), Code 2023, is amended to read as follows:
17(1) The tourist signing committee shall be made up of the
18directors or their the directors’ designees of the departments
19of agriculture and land stewardship, natural resources,
20cultural affairs, and transportation, the director or the
21director’s designee of the economic development authority, the
22chairperson or the chairperson’s designee of the Iowa travel
23council, and a member of the outdoor advertising association
24of Iowa. The director or the director’s designee of the
25economic development authority shall be the chairperson of the
26committee.
27 Sec. 2113. Section 404A.1, subsection 3, Code 2023, is
28amended by striking the subsection.
29 Sec. 2114. Section 404A.1, subsection 8, paragraph b, Code
302023, is amended to read as follows:
31b. The property meets the physical criteria and standards
32for rehabilitation established by the department authority by
33rule. To the extent applicable, the physical standards and
34criteria shall be consistent with the United States secretary
35of the interior’s standards for rehabilitation.
-1205-1 Sec. 2115. Section 404A.3, subsection 1, paragraphs c and e,
2Code 2023, are amended to read as follows:
3c. The application shall include any information deemed
4necessary by the authority, in consultation with the
5department, to evaluate the eligibility under the program
6of the applicant and the rehabilitation project, the amount
7of projected qualified rehabilitation expenditures of a
8rehabilitation project, and the amount and source of all
9funding for a rehabilitation project. An applicant shall
10have the burden of proof to demonstrate to the authority that
11the applicant is an eligible taxpayer and the project is a
12qualified rehabilitation project under the program.
13e. (1) The authority may charge application and other fees
14to eligible taxpayers who apply to participate in the program.
15The amount of such fees shall be determined based on the costs
16of to the authority and the department associated with of
17 administering the program.
18(2) Fees collected by the authority pursuant to this
19paragraph shall be deposited with the authority notwithstanding
20section 303.9, subsection 1.
21(3) A portion of the fees collected shall be directed by the
22authority to the department.
23 Sec. 2116. Section 404A.3, subsection 3, paragraph b,
24subparagraph (2), Code 2023, is amended to read as follows:
25(2) The rehabilitation work to be performed. An eligible
26taxpayer shall perform the rehabilitation work consistent with
27the United States secretary of the interior’s standards for
28rehabilitation, as determined by the department authority.
29 Sec. 2117. Section 404A.3, subsection 4, paragraph c,
30subparagraph (3), subparagraph division (b), Code 2023, is
31amended to read as follows:
32(b) “Prohibited activity” means a breach or default under
33the agreement with the department authority, the violation
34of any warranty provided by the eligible taxpayer to the
35department authority or the department of revenue, the claiming
-1206-1of a tax credit issued under this chapter for expenditures that
2are not qualified rehabilitation expenditures, the violation of
3any requirements of this chapter or rules adopted pursuant to
4this chapter, misrepresentation, fraud, or any other unlawful
5act or omission.
6 Sec. 2118. Section 404A.4, subsection 2, paragraph c, Code
72023, is amended to read as follows:
8c. The amount of a tax credit that was available for
9approval by the state historical preservation office of the
10department of cultural affairs under section 404A.4, Code 2014,
11in a fiscal year beginning on or after July 1, 2010, but before
12July 1, 2014, that was required to be allocated to new projects
13with final qualified rehabilitation costs of five hundred
14thousand dollars or less, or seven hundred fifty thousand
15dollars or less, as the case may be, and that was not finally
16approved by the state historical preservation office, may be
17awarded under section 404A.3 during the fiscal years beginning
18on or after July 1, 2014, but before July 1, 2016.
19 Sec. 2119. Section 404A.6, Code 2023, is amended to read as
20follows:
21404A.6 Rules.
22The authority, department, and the department of revenue
23shall each adopt rules as necessary for the administration of
24this chapter.
25 Sec. 2120. Section 427.16, subsection 15, Code 2023, is
26amended to read as follows:
2715. The department of cultural affairs economic development
28authority shall adopt rules pursuant to chapter 17A to
29administer this section.
30 Sec. 2121. Section 465A.2, subsection 1, paragraph b,
31unnumbered paragraph 1, Code 2023, is amended to read as
32follows:
33Prepare a statewide, long-range plan for the acquisition
34and protection of significant open space lands throughout
35the state as identified in section 465A.1. The department
-1207-1of transportation, department of the economic development
2authority, and department of cultural affairs, private
3organizations, county conservation boards, city park and
4recreation departments, and the federal agencies with lands in
5the state shall be directly involved in preparing the plan.
6The plan shall include, but is not limited to, the following
7elements:
8 Sec. 2122. Section 465B.2, subsection 2, paragraph a, Code
92023, is amended to read as follows:
10a. The state department of transportation may enter
11into contracts for the preparation of the trails plan. The
12department shall involve the department of natural resources,
13 and the Iowa department of economic development, and the
14department of cultural affairs authority in the preparation of
15the plan. The recommendations and comments of organizations
16representing different types of trail users and others with
17interests in this program shall also be incorporated in the
18preparation of the trails plan and shall be submitted with the
19plan to the general assembly. The plan shall be submitted to
20the general assembly no later than January 15, 1988. Existing
21trail projects involving acquisition or development may receive
22funding prior to the completion of the trails plan.
23 Sec. 2123. Section 465B.3, Code 2023, is amended to read as
24follows:
25465B.3 Involvement of other agencies.
26The department of natural resources, and the economic
27development authority, and the department of cultural
28affairs shall assist the state department of transportation
29in developing the statewide plan for recreation trails, in
30acquiring property, and in the development, promotion, and
31management of recreation trails.
32 Sec. 2124. REPEAL. Sections 303.1, 303.1A, 303.2, and
33303.95, Code 2023, are repealed.
34 Sec. 2125. CODE EDITOR DIRECTIVE.
351. The Code editor is directed to make the following
-1208-1transfers:
2a. Section 303.3 to section 15.436.
3b. Section 303.3A to section 15.437.
4c. Section 303.3B to section 15.438.
5d. Section 303.3C to section 15.439.
6e. Section 303.3D to section 15.440.
7f. Section 303.3E to section 15.441.
8g. Section 303.20 to section 15.445.
9h. Section 303.21 to section 15.446.
10i. Section 303.22 to section 15.447.
11j. Section 303.23 to section 15.448.
12k. Section 303.24 to section 15.449.
13l. Section 303.25 to section 15.450.
14m. Section 303.26 to section 15.451.
15n. Section 303.27 to section 15.452.
16o. Section 303.28 to section 15.453.
17p. Section 303.29 to section 15.454.
18q. Section 303.30 to section 15.455.
19r. Section 303.31 to section 15.456.
20s. Section 303.32 to section 15.457.
21t. Section 303.33 to section 15.458.
22u. Section 303.34 to section 15.459.
23v. Section 303.86 to section 15.465.
24w. Section 303.87 to section 15.466.
25x. Section 303.88 to section 15.467.
26y. Section 303.89 to section 15.470.
27z. Section 303A.1 to section 15.476.
28aa. Section 303A.2 to section 15.477.
29ab. Section 303A.3 to section 15.478.
30ac. Section 303A.4 to section 15.479.
31ad. Section 303A.5 to section 15.480.
32ae. Section 303A.6 to section 15.481.
33af. Section 303A.7 to section 15.482.
342. The Code editor shall correct internal references in the
35Code and in any enacted legislation as necessary due to the
-1209-1enactment of this section.
23. The Code editor shall designate the following new parts
3in subchapter II of chapter 15:
4a. Sections 15.436 through 15.441 as part 26.
5b. Sections 15.445 through 15.459 as part 27.
6c. Sections 15.465 through 15.467 as part 28.
7d. Section 15.470 as part 29.
8e. Sections 15.476 through 15.482 as part 30.
9STATE HISTORIC PRESERVATION OFFICER
10 Sec. 2126. NEW SECTION. 15.121 State historic preservation
11officer.
121. The director shall appoint and the governor shall certify
13the state historic preservation officer pursuant to federal
14requirements. The recommendations and decisions of the state
15historic preservation officer shall be subject to the review
16and approval of the director of the economic development
17authority.
182. The state historic preservation officer shall conduct
19historic preservation activities pursuant to federal and
20state requirements, including but not limited to all of the
21following:
22a. Identifying and documenting historic properties.
23b. Preparing and maintaining a state register of historic
24places, including those listed on the national register of
25historic places.
26c. Conducting historic preservation activities pursuant to
27federal and state requirements.
28d. Publishing matters of historical value to the public,
29and pursuing historical, architectural, and archaeological
30research and development which may include but are not
31limited to continuing surveys, excavation, scientific
32recording, interpretation, and publication of the historical,
33architectural, archaeological, and cultural sites, buildings,
34and structures in the state.
353. Pursuant to section 103A.42, the state historic
-1210-1preservation officer, in response to an adequately documented
2request, shall issue an opinion stating whether a property is
3either included in or appears to meet criteria for inclusion in
4the national register of historic places.
54. Pursuant to section 303.16, subsection 6, paragraph “h”,
6the state historic preservation officer must approve a city or
7county government as a certified local government prior to a
8grant or loan fund award to the city or county government for a
9project in the historic preservation category.
105. Pursuant to section 303.18, the state historic
11preservation officer shall require that a rural electric
12cooperative or a municipal utility that is constructing an
13electric distribution and transmission facility for which it is
14receiving federal funding conduct an archeological site survey.
156. Pursuant to section 427.16, subsections 4 and 12, the
16state historic preservation officer shall be responsible
17for approving applications for certified substantial
18rehabilitation.
19 Sec. 2127. Section 457A.1, Code 2023, is amended to read as
20follows:
21457A.1 Acquisition by other than condemnation.
22The department of natural resources, soil and water
23conservation districts as provided in chapter 161A, the
24historical division of the department of cultural affairs
25 state historic preservation officer, the state archaeologist
26appointed by the state board of regents pursuant to section
27263B.1, any county conservation board, and any city or agency
28of a city may acquire by purchase, gift, contract, or other
29voluntary means, but not by eminent domain, conservation
30easements in land to preserve scenic beauty, wildlife
31habitat, riparian lands, wetlands, or forests; promote outdoor
32recreation, agriculture, soil or water conservation, or open
33space; or otherwise conserve for the benefit of the public the
34natural beauty, natural and cultural resources, and public
35recreation facilities of the state.
-1211-1 Sec. 2128. Section 470.5, Code 2023, is amended to read as
2follows:
3470.5 Exceptions.
4This chapter does not apply to buildings used on January 1,
51980, by the division of adult corrections of the department
6of human services as maximum security detention facilities or
7to the renovation of property nominated to, or entered in the
8national register of historic places, designated by statute, or
9included in an established list of historic places compiled by
10the historical division of the department of cultural affairs
11 state historic preservation officer.
12 Sec. 2129. CODE EDITOR DIRECTIVE.
131. The Code editor is directed to make the following
14transfer:
15Section 303.18 to section 15.122.
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.
19IOWA FINANCE AUTHORITY
20 Sec. 2130. Section 7C.4A, subsection 1, paragraph b, Code
212023, is amended to read as follows:
22b. However, at any time during the calendar year the
23executive director of the Iowa finance authority may determine
24that a lesser amount need be allocated to the Iowa finance
25authority and on that date this lesser amount shall be the
26amount allocated to the authority and the excess shall be
27allocated under subsection 7.
28 Sec. 2131. Section 15.106C, subsection 1, Code 2023, is
29amended to read as follows:
301. a. The operations of the authority shall be administered
31by a director who shall be appointed by the governor, subject
32to confirmation by the senate, and who shall serve for a
33four-year term beginning and ending as provided in section
3469.19 at the pleasure of the governor. An appointment by the
35governor to fill a vacancy in the office of the director shall
-1212-1be for the balance of the unexpired four-year term.
2b. The director of the economic development authority
3under paragraph “a” shall also serve as the director of, and
4administer the operations of, the Iowa finance authority
5pursuant to section 16.6.
6 Sec. 2132. Section 16.1, Code 2023, is amended by adding the
7following new subsection:
8 NEW SUBSECTION. 6A. “Director” means the director of the
9economic development authority who also serves as the director
10of, and administers the operations of, the Iowa finance
11authority pursuant to section 15.106C, subsection 1, paragraph
12“b”.
13 Sec. 2133. Section 16.1, subsection 9, Code 2023, is amended
14by striking the subsection.
15 Sec. 2134. Section 16.1A, subsection 5, Code 2023, is
16amended to read as follows:
175. The board may, by resolution, delegate to the
18agricultural development board, title guaranty division
19board, executive director, or other authority employee such
20of its powers, under such terms and conditions, as it deems
21appropriate.
22 Sec. 2135. Section 16.2, subsections 6 and 8, Code 2023, are
23amended to read as follows:
246. Members of the authority and the executive director shall
25give bond as required for public officers in chapter 64.
268. Members shall elect a chairperson and vice chairperson
27annually, and other officers as they the members determine,
28but and the executive director shall serve as secretary to the
29authority.
30 Sec. 2136. Section 16.2A, subsections 1, 5, and 7, Code
312023, are amended to read as follows:
321. A title guaranty division is created within the
33authority. The division may also be referred to as Iowa title
34guaranty. The powers of the division relating to the issuance
35of title guaranties are vested in and shall be exercised by a
-1213-1title guaranty division board of five members appointed by the
2governor subject to confirmation by the senate. The membership
3of the title guaranty division board shall include an attorney,
4an abstractor, a real estate broker, a representative of a
5lending institution that engages in mortgage lending, and
6a representative of the housing development industry. The
7executive director of the authority shall appoint an attorney
8as director of the title guaranty division, who shall serve
9as an ex officio member of the title guaranty division board.
10The appointment of and compensation for the division director
11are exempt from the merit system provisions of chapter 8A,
12subchapter IV.
135. Members of the title guaranty division board and the
14director of the title guaranty division shall give bond as
15required for public officers in chapter 64.
167. Members shall elect a chair and vice chair annually and
17other officers as they the members determine. The executive
18 director or the executive director’s designee shall serve as
19secretary to the title guaranty division board.
20 Sec. 2137. Section 16.2B, subsection 2, Code 2023, is
21amended to read as follows:
222. The agricultural development division shall be
23administered in accordance with the policies of the
24agricultural development board created in section 16.2C.
25The executive director of the authority may organize the
26agricultural development division and employ necessary
27qualified personnel to administer subchapter VIII.
28 Sec. 2138. Section 16.2C, subsection 3, Code 2023, is
29amended to read as follows:
303. The agricultural development board consists of five
31members appointed by the governor subject to confirmation by
32the senate. The executive director of the authority or the
33executive director’s designee shall serve as an ex officio,
34nonvoting member.
35 Sec. 2139. Section 16.2C, subsection 5, paragraph c, Code
-1214-12023, is amended to read as follows:
2c. The appointed members shall elect a chairperson and vice
3chairperson annually, and other officers as they the members
4 determine. The executive director of the authority or the
5executive director’s designee shall serve as secretary to the
6board.
7 Sec. 2140. Section 16.2D, subsection 2, paragraph b,
8subparagraph (8), Code 2023, is amended to read as follows:
9(8) The executive director of the Iowa finance authority or
10the executive director’s designee.
11 Sec. 2141. Section 16.5, subsection 4, Code 2023, is amended
12to read as follows:
134. Notwithstanding any other provision of law, the
14authority may elect whether to utilize any or all of the goods
15or services available from other state agencies in the conduct
16of its affairs. Departments, boards, commissions, or other
17agencies of the state shall provide reasonable assistance and
18services to the authority upon the request of the executive
19 director.
20 Sec. 2142. Section 16.6, Code 2023, is amended to read as
21follows:
2216.6 Executive director Director — responsibilities.
231. The governor, subject to confirmation by the senate,
24shall appoint an executive director of the authority, who
25shall serve at the pleasure of the governor. The executive
26director shall be selected primarily for administrative
27ability and knowledge in the field, without regard to political
28affiliation. The director of the economic development
29authority shall also serve as the director of, and administer
30the operations of, the authority pursuant to section 15.106C,
31subsection 1, paragraph “b”. The executive director shall not,
32directly or indirectly, exert influence to induce any other
33officers or employees of the state to adopt a political view,
34or to favor a political candidate for office.
352. The executive director shall advise the authority on
-1215-1matters relating to housing and housing finance, carry out
2all directives from the authority, and hire and supervise the
3authority’s staff pursuant to its the authority’s directions.
4All employees of the authority are exempt from the merit system
5provisions of chapter 8A, subchapter IV.
63. The executive director, as secretary of the authority,
7shall keep a record of the proceedings of the authority and
8shall be custodian of all books, documents, and papers filed
9with the authority and of its minute book and seal. The
10executive director shall have authority to cause to be made
11copies of all minutes and other records and documents of the
12authority and to give certificates under the seal of the
13authority to the effect that such copies are true copies and
14all persons dealing with the authority may rely upon such
15certificates.
164. The executive director may establish administrative
17divisions within the authority in order to most efficiently
18and effectively carry out the authority’s responsibilities,
19provided that any creation or modification of authority
20divisions be established only after consultation with the board
21of the authority.
22 Sec. 2143. Section 16.13, subsection 2, paragraph a, Code
232023, is amended to read as follows:
24a. If a member or employee of the authority other than the
25executive director of the authority has an interest, either
26direct or indirect, in a contract to which the authority is,
27or is to be, a party, or in a mortgage lender requesting a loan
28from, or offering to sell mortgage loans to, the authority,
29the interest shall be disclosed to the authority in writing
30and shall be set forth in the minutes of the authority. The
31member or employee having the interest shall not participate
32in any action of the authority with respect to that contract
33or mortgage lender.
34 Sec. 2144. Section 16.13, subsections 3 and 4, Code 2023,
35are amended to read as follows:
-1216- 13. Nothing in this section shall be deemed to limit the
2right of a member, officer, or employee of the authority to
3acquire an interest in bonds or notes of the authority or to
4limit the right of a member, officer, or employee other than
5the executive director to have an interest in a financial
6institution, including a lending institution, in which the
7funds of the authority are, or are to be, deposited or which
8is, or is to be, acting as trustee or paying agent under a trust
9indenture to which the authority is a party.
104. The executive director shall not have an interest in
11a financial institution, including a lending institution, in
12which the funds of the authority are, or are to be, deposited
13or which is, or is to be, acting as trustee or paying agent
14under a trust indenture to which the authority is a party. The
15executive director shall not receive, in addition to fixed
16salary or compensation, any money or valuable thing, either
17directly or indirectly, or through any substantial interest
18in any other corporation or business unit, for negotiating,
19procuring, recommending, or aiding in any purchase or sale
20of property, or loan, made by the authority, nor shall the
21executive director be pecuniarily interested, either as
22principal, coprincipal, agent, or beneficiary, either directly
23or indirectly, or through any substantial interest in any other
24corporation or business unit, in any such purchase, sale, or
25loan.
26 Sec. 2145. Section 16.57A, subsection 2, Code 2023, is
27amended to read as follows:
282. Notwithstanding section 8.39, and any other law to
29the contrary, with the prior written consent and approval of
30the governor, the executive director of the authority may
31transfer any unobligated and unencumbered moneys in any fund
32created pursuant to section 16.5, subsection 1, paragraph “s”,
33for deposit in the disaster recovery housing assistance fund
34created in section 16.57B. The prior written consent and
35approval of the director of the department of management shall
-1217-1not be required to transfer the unobligated and unencumbered
2moneys.
3 Sec. 2146. Section 16.134, subsection 9, paragraph b,
4subparagraph (3), Code 2023, is amended to read as follows:
5(3) The executive director of the authority or the executive
6 director’s designee.
7 Sec. 2147. Section 16.134, subsection 10, paragraph a, Code
82023, is amended to read as follows:
9a. A water quality financing review committee is created
10consisting of the secretary of agriculture or the secretary’s
11designee, the executive director of the authority or the
12executive director’s designee, and the director of the
13department of natural resources or the director’s designee.
14 Sec. 2148. Section 257C.7, Code 2023, is amended to read as
15follows:
16257C.7 Staff.
17The executive director and staff of the Iowa finance
18authority, pursuant to chapter 16, shall also serve as
19executive director and staff of the advance funding authority,
20respectively. The executive director shall not, directly or
21indirectly, exert influence to induce any other officers or
22employees of the state to adopt a political view, or to favor a
23political candidate for office.
24 Sec. 2149. Section 257C.12, subsections 1 and 3, Code 2023,
25are amended to read as follows:
261. If a member or employee other than the executive
27 director of the authority has an interest, either direct or
28indirect, in a contract to which the authority is or is to be
29a party, the interest shall be disclosed to the authority in
30writing and shall be set forth in the minutes of a meeting
31of the authority. The member having the interest shall
32not participate in action by the board with respect to that
33contract.
343. The executive director shall not have an interest in
35a bank or other financial institution in which the funds of
-1218-1the authority are deposited or which is acting as trustee or
2paying agent under a trust indenture to which the authority is
3a party. The executive director shall not receive, in addition
4to fixed salary or compensation, any money or valuable thing,
5either directly or indirectly, or through any substantial
6interest in any other corporation or business unit, for
7negotiating, procuring, recommending, or aiding in any loan
8made by the authority, nor shall the executive director be
9pecuniarily interested, either as principal, co-principal,
10agent, or beneficiary, either directly or indirectly or through
11any substantial interest in any other corporation or business
12unit, in any loan.
13 Sec. 2150. Section 418.5, subsection 2, paragraph f, Code
142023, is amended to read as follows:
15f. The executive director of the Iowa finance authority or
16the executive director’s designee.
17 Sec. 2151. Section 466B.3, subsection 4, paragraph j, Code
182023, is amended to read as follows:
19j. The executive director of the Iowa finance authority or
20the executive director’s designee.
21DIVISION VI
22ECONOMIC DEVELOPMENT AUTHORITY — PARTNER STATE PROGRAM
23 Sec. 2152. NEW SECTION. 15.421 Partner state program.
241. a. A partner state program is created which shall be
25administered by the authority. The purpose of the partner
26state program is to establish and maintain relationships
27between the state and foreign countries, provinces, states,
28regions, oblasts, municipalities, districts, divisions,
29counties, prefectures, towns, cities, villages, boroughs,
30and any other similar political subdivisions to facilitate
31mutually beneficial exchanges, collaboration, and cooperation
32with regard to agriculture, culture, education, manufacturing,
33science and technology, sports and recreation, tourism, and the
34arts.
35b. A partner state relationship must be formalized in a
-1219-1partner state agreement approved by the governor.
2c. A partner state agreement may be modified or terminated
3only with the approval of the governor.
42. a. A partner state program fund is created in the state
5treasury under the control of the authority and consisting of
6any moneys appropriated to the fund by the general assembly
7and any other moneys available and obtained or accepted by the
8authority for placement in the fund. The fund shall be used
9to administer the partner state program. The authority shall
10use any moneys specifically appropriated for purposes of this
11section only for the purposes of this section.
12b. Notwithstanding section 12C.7, subsection 2, interest
13or earnings on moneys in the fund shall accrue to the
14authority and shall be used for purposes of this section.
15Notwithstanding section 8.33, moneys in the fund at the end of
16each fiscal year shall not revert to any other fund but shall
17remain in the fund for expenditure for subsequent fiscal years.
18 Sec. 2153. EFFECTIVE DATE. This division of this Act, being
19deemed of immediate importance, takes effect upon enactment.
20 Sec. 2154. APPLICABILITY. This division of this Act applies
21to all of the following:
221. Sister state agreements entered into by the state before
23the effective date of this division of this Act including
24agreements with the following:
25a. China, Hebei Province.
26b. Italy, Veneto Region.
27c. Japan, Yamanashi Prefecture.
28d. Republic of Kosovo.
29e. Mexico, Yucatan.
30f. Taiwan.
31g. Ukraine, Cherkasy Oblast.
322. Partner state agreement entered into by the state on or
33after the effective date of this division of this Act.
34DIVISION VII
35PUBLIC EMPLOYMENT RELATIONS BOARD
-1220-1 Sec. 2155. Section 7E.6, subsection 5, Code 2023, is amended
2to read as follows:
35. Any position of membership on the board of parole, the
4public employment relations board, the utilities board, the
5employment appeal board, and the property assessment appeal
6board shall be compensated as otherwise provided in law.
7 Sec. 2156. Section 20.1, subsection 2, paragraph g, Code
82023, is amended by striking the paragraph.
9 Sec. 2157. Section 20.5, Code 2023, is amended to read as
10follows:
1120.5 Public employment relations board.
121. There is established a board to be known as the “Public
13Employment Relations Board”.
14a. The board shall consist of three members appointed by the
15governor, subject to confirmation by the senate. In selecting
16the members of the board, consideration shall be given to
17their knowledge, ability, and experience in the field of
18labor-management relations. No more than two members shall be
19of the same political affiliation, and no member shall engage
20in any political activity while holding office and the members
21shall devote full time to their duties.
22b. The members shall be appointed for staggered terms of
23four years beginning and ending as provided in section 69.19.
24c. The member first appointed for a term of four years shall
25serve as chairperson and each of the member’s successors shall
26also serve as chairperson.
27d. Any vacancy occurring shall be filled in the same manner
28as regular appointments are made.
292. The governor shall appoint an executive director of the
30board, subject to confirmation by the senate, who shall serve
31at the pleasure of the governor. The executive director shall
32serve as the executive officer of the board. In selecting
33the executive director, consideration shall be given to the
34person’s knowledge, ability, and experience in the field of
35labor-management relations. The governor shall set the salary
-1221-1of the executive director within the applicable salary range
2established by the general assembly.
32. 3. The board may employ such persons as are necessary
4for the performance of its functions. Personnel of the board
5shall be employed pursuant to the provisions of chapter 8A,
6subchapter IV.
73. 4. The chairperson and the remaining two members
8shall be compensated as provided in section 7E.6, subsection
95. Members of the board and employees of the board shall
10be allowed their actual and necessary expenses incurred in
11the performance of their duties and may be entitled to per
12diem compensation as authorized under section 7E.6. All
13expenses and salaries shall be paid from appropriations for
14such purposes and the board shall be subject to the budget
15requirements of chapter 8.
165. The board shall meet at least quarterly and at the call
17of the chairperson.
18 Sec. 2158. Section 20.6, subsection 1, Code 2023, is amended
19to read as follows:
201. Administer the provisions of this chapter and delegate
21the powers and duties of the board to the executive director or
22persons employed by the board, as appropriate.
23 Sec. 2159. Section 20.11, subsection 5, Code 2023, is
24amended to read as follows:
255. The board’s review of proposed decisions and the
26rehearing or judicial review of final decisions is governed by
27the provisions of chapter 17A.
28 Sec. 2160. Section 20.13, subsection 3, Code 2023, is
29amended by striking the subsection.
30 Sec. 2161. NEW SECTION. 20.34 Judicial review.
31Notwithstanding chapter 17A, in a petition for judicial
32review of a decision of the board in a contested case under
33this chapter, the opposing party shall be named the respondent,
34and the board shall not be named as a respondent. Judicial
35review of agency action by the board under this chapter is not
-1222-1subject to chapter 17A.
2DIVISION VIII
3DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT
4 Sec. 2162. Section 16.57B, subsection 4, Code 2023, is
5amended to read as follows:
64. Registration required. To be considered for a forgivable
7loan or grant under the program, a homeowner or renter must
8register for the disaster case management advocacy program
9established pursuant to section 29C.20B. The disaster case
10manager may refer the homeowner or renter to the appropriate
11local program administrator.
12 Sec. 2163. Section 29C.8, subsection 1, Code 2023, is
13amended to read as follows:
141. The department of homeland security and emergency
15management shall be under the management of a director who
16shall be appointed by the governor, subject to confirmation
17by the senate, and who shall serve at the pleasure of the
18governor.
19 Sec. 2164. Section 29C.20A, subsections 2, 4, and 5, Code
202023, are amended to read as follows:
212. The grant funds shall be administered by the department
22of human services. The department shall adopt rules to create
23the Iowa disaster aid individual assistance grant program. The
24rules shall specify the eligibility of applicants and eligible
25items for grant funding. The executive council shall use
26grant funds to reimburse the department of human services for
27its actual expenses associated with the administration of the
28grants. The department of human services may implement an
29ongoing contract with a provider or providers of a statewide
30program with local offices throughout the state to serve as the
31local administrative entity for the grant program so that the
32program can be implemented with minimal delay when a disaster
33occurs in a local area. The rules adopted by the department
34of human services for the program shall include but are not
35limited to all of the following:
-1223- 1a. If a local administrative entity is under contract with
2the state to provide other services or is implementing a state
3or federal program and the contract contains a sufficient
4surety bond or other adequate financial responsibility
5provision, the department shall accept the existing surety
6bond or financial responsibility provision in lieu of applying
7a new or additional surety bond or financial responsibility
8requirement.
9b. If the president of the United States has declared a
10major disaster to exist in this state and federal aid is made
11available to provide assistance grants to individuals similar
12to that provided by the Iowa disaster aid individual assistance
13grant program, the Iowa program shall be discontinued.
14c. Authorization for the local administrative entity to draw
15grant funding to pay valid claims on at least a weekly basis.
164. A recipient of grant funding shall receive reimbursement
17for expenses upon presenting a receipt for an eligible expense
18or shall receive a voucher through a voucher system developed
19by the department of human services and administered locally
20within the designated disaster area. A voucher system shall
21ensure sufficient data collection to discourage and prevent
22fraud. The department shall consult with long-term disaster
23recovery committees and disaster recovery case management
24committees in developing a voucher system.
255. The department of human services shall submit an annual
26report, by January 1 of each year, to the legislative fiscal
27committee and the general assembly’s standing committees on
28government oversight concerning the activities of the grant
29program in the previous fiscal year.
30 Sec. 2165. Section 29C.20B, Code 2023, is amended to read
31as follows:
3229C.20B Disaster case management advocacy grant fund and
33program.
341. a. A disaster case management advocacy grant fund is
35created in the state treasury for the use of the executive
-1224-1council. Moneys in the fund shall be expended if grants are
2awarded pursuant to section 29C.20A available following the
3governor’s proclamation 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
7meet disaster-related case management advocacy needs of
8disaster-affected individuals. The aggregate total of grants
9awarded shall not be more than one million dollars during a
10fiscal year. However, within the same fiscal year, additional
11funds may be specifically authorized by the executive council
12to meet additional needs. Upon request of the department of
13human 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 human services shall work with the
17department of homeland security and emergency management
18and, as selected by the department of human services, a
19representative representatives of selected nonprofit,
20voluntary, and faith-based organizations active in disaster
21recovery and response to establish a statewide system of
22disaster case management advocacy to be activated following
23the governor’s proclamation of a disaster emergency or the
24declaration of a major disaster by the president of the United
25States for individual assistance purposes.
262. The department of human services shall administer
27disaster case management advocacy grants. The department
28of human services, in conjunction with the department of
29homeland security and emergency management, shall establish
30a disaster case management advocacy program and adopt rules
31pursuant to chapter 17A necessary to administer the program.
32The executive council shall use grant moneys to reimburse the
33department of human services for actual expenses associated
34with the administration of the grants. Under the program, the
35department of human services shall coordinate case management
-1225-1 advocacy services locally through one or more contracted
2entities. The department of human services shall may implement
3an ongoing contract with a provider of a statewide program
4with local offices throughout the state to serve as the
5local 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 human services, in conjunction with the
11department of homeland security and emergency management and
12a representative in consultation with representatives of the
13Iowa voluntary organizations active in disaster, shall adopt
14rules pursuant to chapter 17A to create coordination mechanisms
15and standards for the establishment and implementation of
16a statewide system of disaster case management advocacy.
17The rules adopted by the department of human services for
18the program shall include but are not limited to all of the
19following:
20a. If a local administrative entity is under contract with
21the state to provide other services or is implementing a state
22or federal program and the contract contains a sufficient
23surety bond or other adequate financial responsibility
24provisions, the department shall accept the existing surety
25bond or financial responsibility provisions in lieu of applying
26a new or additional surety bond or financial responsibility
27requirement.
28b. Authorization for the local administrative entity to draw
29down grant funding to pay valid claims on at least a weekly
30basis.
31c. Disaster case management advocacy standards.
32d. Disaster case management advocacy policies.
33e. Reporting requirements.
34f. Eligibility criteria.
35g. Coordination mechanisms necessary to carry out the
-1226-1services provided.
2h. Development of formal working relationships with agencies
3and creation of interagency agreements for those considered to
4provide disaster case management advocacy services.
5i. Establishment of nonduplication of benefits policies and
6mechanisms for the exchange of information between agencies to
7ensure compliance with the federal Health Insurance Portability
8and Accountability Act of 1996, Pub.L. No.104-191, 110 Stat.
91936 (1996).
10j. Referral to all known available services for individuals
11from multiple agencies in coordinated service locations.
124. By January 1 of each year, the department of human
13services shall submit an annual written report to the
14legislative fiscal committee and the general assembly’s
15standing committees on government oversight concerning the
16activities of the grant program during the previous fiscal
17year.
18DIVISION IX
19DEPARTMENT OF VETERANS AFFAIRS
20 Sec. 2166. Section 7E.5, subsection 1, paragraph v, Code
212023, is amended to read as follows:
22v. The department of veterans affairs. However, the
23commission of veterans affairs created in section 35A.2 shall
24have created in section 35A.4, which has primary responsibility
25for state veterans affairs.
26 Sec. 2167. Section 11.5B, subsection 7, Code 2023, is
27amended to read as follows:
287. Iowa veterans home Department of veterans affairs.
29 Sec. 2168. Section 16.2D, subsection 2, paragraph b,
30subparagraph (9), Code 2023, is amended to read as follows:
31(9) The director commandant of the department of veterans
32affairs or the director’s commandant’s designee.
33 Sec. 2169. Section 35A.1, subsection 1, Code 2023, is
34amended to read as follows:
351. “Commandant” means the commandant of the Iowa veterans
-1227-1home appointed in section 35D.13 appointed pursuant to section
235A.8.
3 Sec. 2170. Section 35A.1, subsection 5, Code 2023, is
4amended by striking the subsection.
5 Sec. 2171. Section 35A.2, subsections 1 and 3, Code 2023,
6are amended to read as follows:
71. A commission of veterans affairs is created consisting of
8eleven persons who shall be appointed by the governor, subject
9to confirmation by the senate. Members shall be appointed to
10staggered terms of four years beginning and ending as provided
11in section 69.19. The governor shall fill a vacancy for the
12unexpired portion of the term. In addition to the members
13appointed by the governor, the director of the department and
14 the commandant of the Iowa veterans home shall serve as a
15 nonvoting, ex officio members member of the commission.
163. a. The commissioners are entitled to receive
17reimbursement for actual expenses incurred while engaged in the
18performance of official duties. Each member of the commission
19may also be eligible to receive compensation as provided in
20section 7E.6.
21b. The executive director, commandant, and employees of the
22department and the Iowa veterans home are entitled to receive,
23in addition to salary, reimbursement for actual expenses
24incurred while engaged in the performance of official duties.
25c. All out-of-state travel by commissioners shall be
26approved by the chairperson of the commission.
27 Sec. 2172. Section 35A.3, subsection 4, Code 2023, is
28amended by striking the subsection and inserting in lieu
29thereof the following:
304. Review and approve applications for distributions
31of moneys from the veterans license fee fund pursuant to
32section 35A.11 and the veterans trust fund pursuant to section
3335A.13 for the benefit of veterans, spouses of veterans, and
34dependents of veterans.
35 Sec. 2173. Section 35A.4, Code 2023, is amended to read as
-1228-1follows:
235A.4 Department established.
3There is established an Iowa department of veterans affairs
4which shall consist of a commandant, a commission, an executive
5director, and any additional personnel as employed by the
6executive director commandant.
7 Sec. 2174. Section 35A.5, subsection 10, paragraph d, Code
82023, is amended to read as follows:
9d. The department through the director commandant shall have
10the authority to accept suitable cemetery land, in accordance
11with federal veterans cemetery grant guidelines, from the
12federal government, state government, state subdivisions,
13private sources, and any other source wishing to transfer land
14for use as a veterans cemetery.
15 Sec. 2175. Section 35A.5, subsection 12, Code 2023, is
16amended to read as follows:
1712. Adopt rules pursuant to chapter 17A and establish policy
18for the management and operation of the department, for the
19facilitation of programs under the department’s authority, and
20for the performance of duties established under this section.
21Prior to adopting rules, the department shall submit proposed
22rules to the commission for review and approval pursuant to the
23requirements of section 35A.3.
24 Sec. 2176. Section 35A.8, Code 2023, is amended to read as
25follows:
2635A.8 Executive director Commandant — term — duties.
271. The governor shall appoint an executive director a
28commandant, subject to confirmation by the senate, who shall
29serve at the pleasure of the governor. The executive director
30 commandant is responsible for administering the duties of the
31department and the commission other than those related to the
32Iowa veterans home.
332. The executive director commandant shall be a resident
34of the state of Iowa and an honorably discharged veteran who
35served in the armed forces of the United States during a
-1229-1conflict or war. As used in this section, the dates of service
2in a conflict or war shall coincide with the dates of service
3established by the Congress of the United States.
43. Except for the employment duties and responsibilities
5assigned to the commandant for the Iowa veterans home, the
6executive director The commandant shall employ such personnel
7as are necessary for the performance of the duties and
8responsibilities assigned to the department and the commission.
9All employees shall be selected on a basis of fitness for
10the work to be performed with due regard to training and
11experience and shall be subject to the provisions of chapter
128A, subchapter IV.
13 Sec. 2177. Section 35D.1, subsection 2, Code 2023, is
14amended to read as follows:
152. As used in this chapter:
16a. “Commandant” means the commandant of the Iowa veterans
17home appointed pursuant to section 35D.13 35A.8.
18b. “Commission” means the commission of veterans affairs
19established in section 35A.2.
20c. “Department” means the department of veterans affairs
21established in section 35A.4.
22c. d. “Member” means a patient or resident of the home.
23 Sec. 2178. Section 35D.5, Code 2023, is amended to read as
24follows:
2535D.5 Surviving spouses of veterans.
26If a deceased veteran, who would be entitled to admission
27to the home if the deceased veteran were living, has left a
28surviving spouse, the spouse is entitled to admission to the
29home with the same rights, privileges, and benefits as if the
30veteran were living and a member of the home, if the spouse
31was married to the veteran for at least one year immediately
32prior to the veteran’s death, is found by the commandant
33 department to be disabled, meets the qualifications for nursing
34or residential level of care, and is a resident of the state of
35Iowa on the date of the application and immediately preceding
-1230-1the date the application is accepted.
2 Sec. 2179. Section 35D.7, Code 2023, is amended to read as
3follows:
435D.7 Contributing to own support.
51. Except as otherwise provided in chapter 249A and other
6provisions of this chapter, a member of the home who receives
7a pension, compensation, or gratuity from the United States
8government, or income from any source of more than one hundred
9forty dollars per month, shall contribute to the member’s own
10maintenance or support while a member of the home. The amount
11of the contribution and the method of collection shall be
12determined by the commandant department, but the amount shall
13in no case exceed the actual cost of keeping and maintaining
14the person in the home.
152. Sums paid to and received by the commandant department
16 for the support of members of the home shall be considered
17repayment receipts as defined in section 8.2 and credited to
18the Iowa veterans home account referred to in section 35D.18,
19subsection 3.
203. The commandant department may allow any member of the
21home to render assistance in the care of the home and its
22grounds as the member’s psychosocial and physical condition
23permit, as a phase of that member’s rehabilitation program.
24The commandant department shall compensate each member who
25furnishes assistance at rates approved by the commission.
26 Sec. 2180. Section 35D.10, Code 2023, is amended to read as
27follows:
2835D.10 Payment to spouse.
29Except as otherwise provided in chapter 249A and other
30provisions of this chapter, a member of the home who receives a
31pension or compensation and who has a spouse shall deposit with
32the commandant department on receipt of the member’s pension or
33compensation check one-half of its amount, which shall be sent
34by the eighth day of the month or at once if any such pension
35or compensation is received after the eighth day of the month
-1231-1to the spouse.
2 Sec. 2181. Section 35D.11, Code 2023, is amended to read as
3follows:
435D.11 Handling of pension money and other funds.
51. Pension money deposited with the commandant department
6 is not assignable for any purpose except as provided in section
735D.10, or in accordance with subsection 2 of this section.
82. The commandant department, if authorized by a member of
9the home, and pursuant to policies adopted by the commission,
10may act on behalf of that member in receiving, disbursing, and
11accounting for personal funds of the member received from any
12source. The authorization may be given by the member at any
13time and shall not be a condition of admission to the home.
14 Sec. 2182. Section 35D.12, Code 2023, is amended to read as
15follows:
1635D.12 Bank account for members’ deposits.
171. a. The Iowa veterans home, for the convenience of its
18members, may maintain a commercial account with a federally
19insured bank for the individual personal deposits of its
20members. The account shall be known as the Iowa veterans
21home membership account. The commandant department shall
22record each member’s personal deposits individually and shall
23deposit the funds in the membership account, where the members’
24deposits shall be held in the aggregate.
25b. The Iowa veterans home may withdraw moneys from the
26account maintained pursuant to this subsection to establish
27certificates of deposit for the benefit of all members. The
28commission department shall adopt rules pursuant to chapter 17A
29for the administration of this paragraph.
302. The commandant department, if authorized by a member of
31the home, and pursuant to policies adopted by the commission,
32may make withdrawals against that member’s personal account to
33pay regular bills and other expenses incurred by the member.
34The authorization may be given by the member at any time and
35shall not be a condition of admission to the home.
-1232-1 Sec. 2183. Section 35D.15, subsection 1, Code 2023, is
2amended to read as follows:
31. The commandant shall administer and enforce all rules
4adopted by the commission, including rules of discipline and,
5subject to these rules, may immediately suspend the membership
6of and discharge any person from the home for infraction of
7the rules when the commandant department determines that the
8health, safety, or welfare of the residents of the home is in
9immediate danger and other reasonable alternatives have been
10exhausted. The suspension and discharge are temporary pending
11action by the commission. Judicial review of the action of the
12commission may be sought in accordance with chapter 17A.
13 Sec. 2184. Section 35D.15, subsection 2, paragraphs a, b, d,
14and f, Code 2023, are amended to read as follows:
15a. The commandant department shall, with the input
16and recommendation of the interdisciplinary resident care
17committee, involuntarily discharge a member for any of the
18following reasons:
19(1) (a) The member has been diagnosed with a substance use
20disorder but continues to abuse alcohol or an illegal drug in
21violation of the member’s conditional or provisional agreement
22entered into at the time of admission, and all of the following
23conditions are met:
24(i) The member has been provided sufficient notice of any
25changes in the member’s collaborative care plan.
26(ii) The member has been notified of the member’s commission
27of three offenses and has been given the opportunity to correct
28the behavior through either of the following options:
29(A) Being given the opportunity to receive the appropriate
30level of treatment in accordance with best practices for
31standards of care.
32(B) By having been placed on probation by the Iowa veterans
33home for a second offense.
34(b) Notwithstanding the member’s meeting the criteria
35for discharge under this subparagraph (1), if the member
-1233-1has demonstrated progress toward the goals established in
2the member’s collaborative care plan, the interdisciplinary
3resident care committee and the commandant department may
4exercise discretion regarding the discharge. Notwithstanding
5any provision to the contrary, the member may be immediately
6discharged under this subparagraph (1) if the member’s actions
7or behavior jeopardizes the life or safety of other members or
8staff.
9(2) (a) The member refuses to utilize the resources
10available to address issues identified in the member’s
11collaborative care plan, and all of the following conditions
12are met:
13(i) The member has been provided sufficient notice of any
14changes in the member’s collaborative care plan.
15(ii) The member has been notified of the member’s commission
16of three offenses and the member has been placed on probation
17by the Iowa veterans home for a second offense.
18(b) Notwithstanding the member’s meeting the criteria
19for discharge under this subparagraph (2), if the member
20has demonstrated progress toward the goals established in
21the member’s collaborative care plan, the interdisciplinary
22resident care committee and the commandant department may
23exercise discretion regarding the discharge. Notwithstanding
24any provision to the contrary, the member may be immediately
25discharged if the member’s actions or behavior jeopardizes the
26life or safety of other members or staff.
27(3) The member no longer requires a residential or nursing
28level of care, as determined by the interdisciplinary resident
29care committee.
30(4) The member requires a level of licensed care not
31provided at the Iowa veterans home.
32b. (1) If a member is discharged under this subsection,
33the discharge plan shall include placement in a suitable
34living situation which may include but is not limited to
35a transitional living program approved by the commission
-1234-1or a living program provided by the United States veterans
2administration.
3(2) If a member is involuntarily discharged under this
4subsection, the commission department shall, to the greatest
5extent possible, ensure against the veteran being homeless and
6ensure that the domicile to which the veteran is discharged is
7fit and habitable and offers a safe and clean environment which
8is free from health hazards and provides appropriate heating,
9ventilation, and protection from the elements.
10d. Annually, by the fourth Monday of each session of the
11general assembly, the commandant department shall submit a
12report to the veterans affairs committees of the senate and
13house of representatives specifying the number, circumstances,
14and placement of each member involuntarily discharged from the
15Iowa veterans home under this subsection during the previous
16calendar year.
17f. Any involuntary discharge by the commandant department
18 under this subsection shall comply with the rules adopted by
19the commission under this subsection and by the department of
20inspections and appeals pursuant to section 135C.14, subsection
218, paragraph “f”.
22 Sec. 2185. Section 35D.17, Code 2023, is amended to read as
23follows:
2435D.17 Report by commandant department.
25The commandant department shall, biennially, make a full
26and detailed report to the governor, the commission, and the
27general assembly, showing the condition of the home, the
28number of members in the Iowa veterans home, the order and
29discipline enforced, and the needs of the home financially and
30otherwise, together with an itemized statement of all receipts
31and disbursements and any other matters of importance in the
32management and control of the Iowa veterans home.
33 Sec. 2186. REPEAL. Sections 35D.13 and 35D.14, Code 2023,
34are repealed.
35DIVISION X
-1235-1OFFICE OF DRUG CONTROL POLICY
2 Sec. 2187. Section 80.4, subsection 1, Code 2023, is amended
3by adding the following new paragraph:
4 NEW PARAGRAPH. g. Office of drug control policy.
5 Sec. 2188. Section 80.5, Code 2023, is amended by adding the
6following new subsection:
7 NEW SUBSECTION. 10. The department shall receive and review
8the budget submitted by the drug policy director and assist the
9drug policy director in directing the office of drug control
10policy pursuant to section 80E.1.
11 Sec. 2189. Section 80E.1, Code 2023, is amended to read as
12follows:
1380E.1 Drug policy coordinator director.
141. The office of drug control policy is established in
15the department of public safety.A drug policy coordinator
16 director shall be appointed by the governor, subject to
17confirmation by the senate, and shall serve at the pleasure of
18the governor commissioner of the department of public safety.
19The governor shall fill a vacancy in the office in the same
20manner as the original appointment was made. The coordinator
21 director shall be selected primarily for administrative
22ability. The coordinator director shall not be selected on
23the basis of political affiliation and shall not engage in
24political activity while holding the office. The salary of the
25coordinator shall be fixed by the governor.
262. The coordinator director shall:
27a. Direct the governor’s office of drug control policy,
28and coordinate and monitor all statewide drug enforcement
29efforts, coordinate and monitor all state and federal substance
30use disorder treatment grants and programs, coordinate and
31monitor all statewide substance abuse use disorder prevention
32and education programs in communities and schools, and engage
33in such other related activities as required by law. The
34coordinator director shall work in coordinating the efforts of
35the department of corrections, the department of education,
-1236-1the Iowa department of public health, the department of public
2safety, and the department of health and human services. The
3coordinator director shall assist in the development and
4implementation of local and community strategies to fight
5substance abuse use disorder, including local law enforcement,
6education, and treatment activities.
7b. Submit an annual report to the governor and general
8assembly by November 1 of each year concerning the activities
9and programs of the coordinator director and other departments
10related to drug enforcement, substance use disorder treatment
11programs, and substance abuse use disorder prevention and
12education programs. The report shall include an assessment
13of needs with respect to programs related to substance use
14disorder treatment and drug enforcement.
15c. Submit an advisory budget recommendation to the governor
16and general assembly concerning enforcement programs, treatment
17programs, and education programs related to drugs within the
18various departments. The coordinator director shall work
19with these departments in developing the departmental budget
20requests to be submitted to the legislative services agency and
21the general assembly.
223. The governor’s office of drug control policy shall be
23an independent office, located at the same location as the
24department of public safety. Administrative support services
25may shall be provided to the governor’s office of drug control
26policy by the department of public safety.
27 Sec. 2190. Section 80E.4, Code 2023, is amended to read as
28follows:
2980E.4 Drug abuse resistance education fund.
30A drug abuse resistance education fund is created as a
31separate fund in the state treasury under the control of the
32governor’s office department of public safety for the office
33 of drug control policy for use by the drug abuse resistance
34education program and other programs with a similar purpose.
35The fund shall consist of appropriations made to the fund
-1237-1and transfers of interest, moneys collected from the crime
2services surcharge established in section 911.1, and earnings.
3All moneys in the fund are appropriated to the governor’s
4office of drug control policy department of public safety.
5Notwithstanding section 8.33, any balance in the fund on June
630 of any fiscal year shall not revert to any other fund of the
7state but shall remain available for the purposes described in
8this section.
9 Sec. 2191. Section 124.101, subsection 22, Code 2023, is
10amended to read as follows:
1122. “Office” means the governor’s office of drug control
12policy, as referred to in section 80E.1.
13DIVISION XI
14DEPARTMENT OF WORKFORCE DEVELOPMENT
15PRIMARY DEPARTMENT RESPONSIBILITIES
16 Sec. 2192. Section 84A.5, subsection 3, Code 2023, is
17amended to read as follows:
183. The department of workforce development is responsible
19for administration of unemployment compensation benefits
20and collection of employer contributions under chapter 96,
21providing for the delivery of free public employment services
22established pursuant to chapter 96, other job placement and
23training programs established pursuant to section 84A.6,
24employment agencies under chapter 84H, and the delivery of
25services located throughout the state.
26 Sec. 2193. Section 84A.5, subsection 7, Code 2023, is
27amended by adding the following new paragraphs:
28 NEW PARAGRAPH. f. The statewide work-based learning
29intermediary network program under section 84A.16.
30 NEW PARAGRAPH. g. The new jobs training program under
31chapter 260E, in consultation with the community colleges.
32 NEW PARAGRAPH. h. The Iowa jobs training act under chapter
33260F.
34 NEW PARAGRAPH. i. The workforce development fund program
35under chapter 84F.
-1238-1 NEW PARAGRAPH. j. The accelerated career education
2program under chapter 260G, in coordination with the community
3colleges.
4 NEW PARAGRAPH. k. The older American community service
5employment program under section 84A.17.
6 NEW PARAGRAPH. l. The apprenticeship training program under
7chapter 84D.
8 NEW PARAGRAPH. m. The future ready Iowa registered
9apprenticeship development program under section 84E.1.
10 NEW PARAGRAPH. n. The future ready Iowa expanded registered
11apprenticeship opportunities program under section 84E.2.
12 NEW PARAGRAPH. o. Adult education and literacy programs
13under section 84A.19.
14REGIONAL INDUSTRY SECTOR PARTNERSHIPS
15 Sec. 2194. Section 260H.2, subsection 2, paragraph a, Code
162023, is amended to read as follows:
17a. A pathways for academic career and employment fund is
18created for the community colleges in the state treasury to be
19administered by the department of education and the department
20of workforce development. The moneys in the pathways for
21academic career and employment fund are appropriated to the
22department of education for the pathways for academic career
23and employment program.
24 Sec. 2195. Section 260H.7B, Code 2023, is amended to read
25as follows:
26260H.7B Regional industry sector partnerships.
271. A community college and the department of workforce
28development may use moneys for the pathways for academic career
29and employment program to provide staff and support for the
30development and implementation of a regional industry sector
31partnerships partnership within the each region served by
32the each community college. For purposes of this section,
33“community college” means the same as defined in section 260C.2.
342. Regional, A regional industry sector partnerships
35 partnership may include but are engage in but is not limited to
-1239-1the following activities:
2a. Bringing together Collaborating with representatives
3from industry sectors, government, education, local workforce
4boards, community-based organizations, labor, economic
5development organizations, and other stakeholders within the
6regional labor market to determine how pathways for academic
7career and employment projects should address workforce skills
8gaps, occupational shortages, and wage gaps.
9b. Integrating pathways for academic career and employment
10projects and other existing supply-side strategies with
11workforce needs within the region served by the community
12college in that region.
13c. Developing pathways for academic career and employment
14projects that focus on the workforce skills, from entry level
15to advanced, required by industry sectors within the region
16served by the community college.
17d. Structuring pathways so that instruction and learning of
18 workforce skills are aligned with industry-recognized standards
19where such standards exist.
20 Sec. 2196. Section 260H.8, Code 2023, is amended to read as
21follows:
22260H.8 Rules.
23The department of education, in consultation with the
24community colleges, the economic development authority, and the
25department of workforce development, shall adopt rules pursuant
26to chapter 17A and this chapter to implement the provisions of
27 this chapter. Local workforce development boards established
28pursuant to section 84A.4 shall be consulted in the development
29and implementation of rules to be adopted pursuant to this
30chapter section.
31 Sec. 2197. CODE EDITOR DIRECTIVE.
321. The Code editor is directed to make the following
33transfer:
34Section 260H.7B to section 84A.15.
352. The Code editor shall correct internal references in the
-1240-1Code and in any enacted legislation as necessary due to the
2enactment of this section.
3 Sec. 2198. TRANSITION PROVISIONS. A regional industry
4sector partnership entered into by a community college prior
5to the effective date of this division of this Act shall be
6valid and continue per the terms of the agreement between the
7community college and the partnership.
8STATEWIDE WORK-BASED LEARNING INTERMEDIARY NETWORK
9 Sec. 2199. Section 256.40, Code 2023, is amended to read as
10follows:
11256.40 Statewide work-based learning intermediary network —
12fund — steering committee — regional networks.
131. A statewide work-based learning intermediary network
14program is established in the department of workforce
15development and shall be administered by the department. A
16separate, statewide work-based learning intermediary network
17fund is created in the state treasury under the control of the
18department of workforce development. The fund shall consist
19of all moneys deposited in the fund, including any moneys
20appropriated by the general assembly and any other moneys
21available to and obtained or accepted by the department of
22workforce development from federal or private sources for
23purposes of the program. Notwithstanding section 8.33, moneys
24in the fund at the end of a fiscal year shall not revert to
25the general fund of the state. Notwithstanding section 12C.7,
26subsection 2, interest or earnings on moneys in the fund shall
27be credited to the fund.
282. The purpose of the program shall be to prepare students
29for the workforce by connecting business and the education
30system facilitating cooperation and collaboration between
31businesses and entities within the state system of education,
32as that state system of education is described in section
33256.1, subsection 1, and offering to offer relevant, work-based
34learning activities to students and teachers. The program
35shall do all of the following:
-1241- 1a. Better prepare Prepare students to make informed
2postsecondary education and career decisions.
3b. Provide communication and coordination in order to build
4and sustain relationships between employers and local youth,
5the state system of education system, and the community at
6large.
7c. Connect students to local career opportunities within the
8state, creating economic capital for the region state using a
9skilled and available workforce.
10d. Provide a one-stop contact point for information
11useful to both educators and employers, including information
12on related to internships, job shadowing experiences,
13apprenticeable occupations as defined in section 15B.2,
14and other workplace learning opportunities for students,
15particularly including those related to occupations in
16 science, technology, engineering, or mathematics occupations,
17occupations related to critical infrastructure, and commercial
18and residential construction, or and targeted industries as
19defined in section 15.102.
20e. Integrate services provided through the program with
21other career exploration-related activities, which may include
22but are not limited to the a student’s career and academic
23plans and career information and decision-making systems
24utilized in accordance with under section 279.61.
25f. Facilitate the attainment of portable credentials of
26value to employers such as the national career readiness
27certificate, where appropriate.
28g. Develop work-based capacity with employers.
29h. Provide core services, which may include student job
30shadowing, student internships, and teacher or student tours.
313. a. The department of workforce development shall
32establish and facilitate a steering committee comprised of
33representatives from the department of workforce development
34 education, the economic development authority, the community
35colleges, the institutions under the control of the state board
-1242-1of regents, accredited private institutions, area education
2agencies, school districts, the workplace learning connection,
3and an apprenticeship sponsor as defined in section 15B.2. The
4steering committee shall be responsible for the development
5and implementation of the statewide work-based learning
6intermediary network.
74. b. The steering committee shall develop a design for
8a statewide network comprised of fifteen regional work-based
9learning intermediary networks. The design shall include
10network specifications, strategic functions, and desired
11outcomes. The steering committee shall recommend program
12parameters and reporting requirements to the department of
13workforce development.
145. 4. Each regional network shall establish an advisory
15council to provide advice and assistance to the regional
16network. The advisory council shall include representatives of
17business and industry, including construction trade industry
18professionals, and shall meet at least annually.
196. 5. Each regional network or consortium of networks shall
20annually submit a work-based learning plan to the department of
21workforce development. Each plan shall include provisions to
22provide core services referred to in subsection 2, paragraph
23“h”, to all school districts within the region and for the
24integration of job shadowing and other work-based learning
25activities into secondary career and technical education
26programs.
277. 6. a. Moneys Upon approval by the department of
28workforce development of a region’s work-based learning plan
29submitted pursuant to subsection 5, moneys deposited in the
30statewide work-based learning intermediary network fund created
31in subsection 1 shall be distributed annually by the department
32of workforce development to each region for the implementation
33of the statewide work-based learning intermediary network upon
34approval by the department of the region’s work-based learning
35plan submitted pursuant to subsection 6.
-1243- 1b. If the balance in the statewide work-based learning
2intermediary network fund on July 1 of a fiscal year is one
3million five hundred thousand dollars or less, the department
4of workforce development shall distribute moneys in the fund to
5regions or consortiums of regions on a competitive basis. If
6the balance in the statewide work-based learning intermediary
7network fund on July 1 of a fiscal year is greater than one
8million five hundred thousand dollars, the department of
9workforce development shall distribute one hundred thousand
10dollars to each region and distribute the remaining moneys
11pursuant to the same formula established for distribution of
12funds by the department of education in section 260C.18C.
138. 7. The department of workforce development shall provide
14oversight of the statewide work-based learning intermediary
15network. The department of workforce development shall require
16each region to submit an annual report on its the region’s
17 ongoing implementation of the statewide work-based learning
18intermediary network program to the department.
199. 8. Each regional network shall match the moneys received
20pursuant to subsection 7 6 with financial resources equal to at
21least twenty-five percent of the amount of the moneys received
22pursuant to subsection 7 6. The financial resources used
23to provide the match may include private donations, in-kind
24contributions, or public moneys other than the moneys received
25pursuant to subsection 7 6.
2610. 9. The state board of education department of workforce
27development shall adopt rules under chapter 17A for the
28administration of this section.
29 Sec. 2200. CODE EDITOR DIRECTIVE.
301. The Code editor is directed to make the following
31transfer:
32Section 256.40, as amended in this division of this Act, to
33section 84A.16.
342. The Code editor shall correct internal references in the
35Code and in any enacted legislation as necessary due to the
-1244-1enactment of this section.
2INDUSTRIAL NEW JOBS TRAINING
3 Sec. 2201. Section 15A.7, subsection 3, Code 2023, is
4amended to read as follows:
53. That the employer shall agree to pay wages for the jobs
6for which the credit is taken of at least the laborshed wage,
7as calculated by the authority pursuant to section 15.327,
8subsection 15. For purposes of this subsection, “laborshed
9wage” means the wage level represented by those wages within
10two standard deviations from the mean wage within the laborshed
11area in which the eligible business is located, as calculated
12by the department of workforce development by rule, using the
13most current covered wage and employment data available to
14the department for the laborshed area.Eligibility for the
15supplemental credit shall be based on a one-time determination
16of starting wages by the community college.
17 Sec. 2202. Section 260E.7, Code 2023, is amended to read as
18follows:
19260E.7 Program review by economic development authority
20 department of workforce development.
211. The economic development authority department of
22workforce development, in consultation with the department of
23education, and the department of revenue, and the department
24of workforce development, shall coordinate and review the new
25jobs training program. The economic development authority
26 department of workforce development shall adopt, amend, and
27repeal rules under chapter 17A that the community college will
28use in developing projects with new and expanding industrial
29new jobs training proposals and that the economic development
30authority department of workforce development shall use to
31review and report on the new jobs training program as required
32in this section.
332. a. The authority department of workforce development,
34in consultation with the community colleges participating
35in the new jobs training program pursuant to this chapter,
-1245-1shall identify the information necessary to effectively
2coordinate and review the program, and the community colleges
3shall provide such information to the authority department.
4Using the information provided, the authority department, in
5consultation with the community colleges, shall issue a report
6on the effectiveness of the program.
7b. In coordinating and reviewing the program, the department
8of workforce development shall give due regard shall be given
9 to the confidentiality of certain information provided by the
10community colleges, and the authority shall comply with the
11provisions of section 15.118 to the extent that such provisions
12are applicable to the new jobs training program.
133. The authority department of workforce development
14 is authorized to make any rule that is adopted, amended,
15or repealed effective immediately upon filing with the
16administrative rules coordinator or at a subsequent stated date
17prior to indexing and publication, or at a stated date less
18than thirty-five days after filing, indexing, and publication.
19 Sec. 2203. Section 403.21, subsections 2 and 3, Code 2023,
20are amended to read as follows:
212. The community college shall send a copy of the final
22agreement prepared pursuant to section 260E.3 to the economic
23development authority department of workforce development.
24For each year in which incremental property taxes are used to
25pay job training certificates issued for a project creating
26new jobs, the community college shall provide to the economic
27development authority department of workforce development
28 a report of the incremental property taxes and new jobs
29credits from withholding generated for that year, a specific
30description of the training conducted, the number of employees
31provided program services under the project, the median
32wage of employees in the new jobs in the project, and the
33administrative costs directly attributable to the project.
343. For each year in which incremental property taxes are
35used to retire debt service on a jobs training advance issued
-1246-1for a project creating new jobs, the community college shall
2provide to the economic development authority department of
3workforce development a report of the incremental property
4taxes and new jobs credits from withholding generated for that
5year, a specific description of the training conducted, the
6number of employees provided services under the project, the
7median wage of employees in the new jobs in the project, and
8the administrative costs directly attributable to the project.
9 Sec. 2204. Section 422.16A, Code 2023, is amended to read
10as follows:
11422.16A Job training withholding — certification and
12transfer.
13Upon the completion by a business of its repayment
14obligation for a training project funded under chapter 260E,
15including a job training project funded under section 15A.8
16or repaid in whole or in part by the supplemental new jobs
17credit from withholding under section 15A.7 or section 15E.197,
18Code 2014, the sponsoring community college shall report to
19the economic development authority department of workforce
20development the amount of withholding paid by the business
21to the community college during the final twelve months of
22withholding payments. The economic development authority
23 department of workforce development shall notify the department
24of revenue of that amount. The department of revenue shall
25credit to the workforce development fund account established in
26section 15.342A twenty-five percent of that amount each quarter
27for a period of ten years. If the amount of withholding from
28the business or employer is insufficient, the department of
29revenue shall prorate the quarterly amount credited to the
30workforce development fund account. The maximum amount from
31all employers which shall be transferred to the workforce
32development fund account in any year is seven million seven
33hundred fifty thousand dollars.
34 Sec. 2205. CODE EDITOR DIRECTIVE.
351. The Code editor is directed to make the following
-1247-1transfers:
2a. Section 15A.7 to section 260J.1.
3b. Section 15A.8 to section 260J.2.
42. The Code editor shall correct internal references in the
5Code and in any enacted legislation as necessary due to the
6enactment of this section.
7JOB TRAINING
8 Sec. 2206. Section 260F.2, subsection 2, Code 2023, is
9amended by striking the subsection.
10 Sec. 2207. Section 260F.2, subsections 4, 5, and 11, Code
112023, are amended to read as follows:
124. “Date of commencement of the project” means the date
13of the preliminary agreement or the date an application for
14assistance is received by the authority department.
155. “Eligible business” or “business” means a business
16training employees which is engaged in interstate or intrastate
17commerce for the purpose of manufacturing, processing, or
18assembling products, conducting research and development, or
19providing services in interstate commerce, but excludes retail,
20health, or professional services and which meets the other
21criteria established by the authority department. “Eligible
22business” does not include a business whose training costs can
23be economically funded under chapter 260E, a business which
24closes or substantially reduces its employment base in order
25to relocate substantially the same operation to another area
26of the state, or a business which is involved in a strike,
27lockout, or other labor dispute in Iowa.
2811. “Project” means a training arrangement which is the
29subject of an agreement entered into between the community
30college and a business to provide program services. “Project”
31also means a training arrangement which is sponsored by the
32authority department and administered under sections 260F.6A
33and 260F.6B.
34 Sec. 2208. Section 260F.2, Code 2023, is amended by adding
35the following new subsection:
-1248-1 NEW SUBSECTION. 4A. “Department” means the department of
2workforce development.
3 Sec. 2209. Section 260F.3, subsection 5, Code 2023, is
4amended to read as follows:
55. Other criteria established by the department of
6education.
7 Sec. 2210. Section 260F.6, subsections 1 and 2, Code 2023,
8are amended to read as follows:
91. There is established for the community colleges a job
10training fund in the economic development authority department
11of workforce development in the workforce development fund
12established in section 15.342A. The job training fund consists
13of moneys appropriated for the purposes of this chapter plus
14the interest and principal from repayment of advances made to
15businesses for program costs, plus the repayments, including
16interest, of loans made from that retraining fund, and interest
17earned from moneys in the job training fund.
182. To provide funds for the present payment of the costs
19of a training program by the business, the community college
20may provide to the business an advance of the moneys to be used
21to pay for the program costs as provided in the agreement.
22To receive the funds for this advance from the job training
23fund established in subsection 1, the community college shall
24submit an application to the authority department. The amount
25of the advance shall not exceed fifty thousand dollars for
26any business site, or one hundred thousand dollars within
27a three-fiscal-year period for any business site. If the
28project involves a consortium of businesses, the maximum award
29per project shall not exceed one hundred thousand dollars.
30Participation in a consortium does not affect a business
31site’s eligibility for individual project assistance. Prior
32to approval a business shall agree to match program amounts
33in accordance with criteria established by the authority
34 department.
35 Sec. 2211. Section 260F.6A, Code 2023, is amended to read
-1249-1as follows:
2260F.6A Business network training projects.
3The community colleges and the authority department are
4authorized to fund business network training projects which
5include five or more businesses and are located in two or more
6community college districts. A business network training
7project must have a designated organization or lead business
8to serve as the administrative entity that will coordinate the
9training program. The businesses must have common training
10needs and develop a plan to meet those needs. The authority
11 department shall adopt rules governing this section’s operation
12and participant eligibility.
13 Sec. 2212. Section 260F.6B, Code 2023, is amended to read
14as follows:
15260F.6B High technology apprenticeship program.
16The community colleges and the authority department
17 are authorized to fund high technology apprenticeship
18programs which comply with the requirements specified in
19section 260C.44 and which may include both new and statewide
20apprenticeship programs. Notwithstanding the provisions
21of section 260F.6, subsection 2, relating to maximum award
22amounts, moneys allocated to the community colleges with high
23technology apprenticeship programs shall be distributed to the
24community colleges based upon contact hours under the programs
25administered during the prior fiscal year as determined by
26the department of education. The authority department shall
27adopt rules governing this section’s operation and participant
28eligibility.
29 Sec. 2213. Section 260F.7, Code 2023, is amended to read as
30follows:
31260F.7 Authority to coordinate Coordination — department of
32workforce development.
33The authority department, in consultation with the
34department of education and the department of workforce
35development, shall coordinate the jobs training program. A
-1250-1project shall not be funded under this chapter unless the
2authority department approves the project. The authority
3 department shall adopt rules pursuant to chapter 17A governing
4the program’s operation and eligibility for participation in
5the program. The authority department shall establish by rule
6criteria for determining what constitutes an eligible business.
7 Sec. 2214. Section 260F.8, subsection 1, Code 2023, is
8amended to read as follows:
91. For each fiscal year, the authority department shall
10make funds available to the community colleges. The authority
11 department shall allocate by formula from the moneys in
12the fund an amount for each community college to be used to
13provide the financial assistance for proposals of businesses
14whose applications have been approved by the authority
15 department. The financial assistance shall be provided by
16the authority department from the amount set aside for that
17community college. If any portion of the moneys set aside for
18a community college have not been used or committed by May
191 of the fiscal year, that portion is available for use by
20the authority department to provide financial assistance to
21businesses applying to other community colleges. The authority
22 department shall adopt by rule a formula for this set-aside.
23 Sec. 2215. TRANSITION PROVISIONS.
241. A project that is entered into by a community college
25and a business under section 260F.3 prior to the effective
26date of this division of this Act shall be valid and continue
27as provided in the terms of the agreement and shall be
28administered by the department of workforce development.
292. A project sponsored by and administered under section
30260F.6A or 260F.6B by the economic development authority prior
31to the effective date of this division of this Act shall be
32valid and continue as provided by the terms of the training
33arrangement and shall be administered by the department of
34workforce development.
35WORKFORCE DEVELOPMENT FUND PROGRAM
-1251-1 Sec. 2216. Section 15.108, subsection 6, Code 2023, is
2amended by striking the subsection.
3 Sec. 2217. Section 15.341, Code 2023, is amended to read as
4follows:
515.341 Workforce development fund program.
6This part chapter shall be known as the “Workforce
7Development Fund” program.
8 Sec. 2218. Section 15.342, Code 2023, is amended to read as
9follows:
1015.342 Purpose.
11The purpose of this part chapter shall be to provide a
12mechanism for funding workforce development programs listed in
13section 15.343, subsection 2, in order to more efficiently meet
14the needs identified within those individual programs.
15 Sec. 2219. Section 15.342A, Code 2023, is amended to read
16as follows:
1715.342A Workforce development fund account.
181. A workforce development fund account is established in
19the office of the treasurer of state under the control of the
20authority department of workforce development. The account
21shall receive funds pursuant to section 422.16A.
222. For the fiscal year beginning July 1, 2014 2023,
23and for each fiscal year thereafter, there is annually
24appropriated from the workforce development fund account to the
25apprenticeship training program fund created in section 15B.3
26three million dollars for the purposes of chapter 15B.
273. For the fiscal year beginning July 1, 2014 2023, and for
28each fiscal year thereafter, there is annually appropriated
29from the workforce development fund account to the job training
30fund created in section 260F.6 four million seven hundred fifty
31thousand dollars for the purposes of chapter 260F.
32 Sec. 2220. Section 15.343, subsections 1 and 2, Code 2023,
33are amended to read as follows:
341. a. A workforce development fund is created as a
35revolving fund in the state treasury under the control of the
-1252-1authority department of workforce development consisting of any
2moneys appropriated by the general assembly for that purpose
3and any other moneys available to and obtained or accepted by
4the authority department of workforce development from the
5federal government or private sources for placement in the
6fund. The fund shall also include moneys appropriated to the
7fund from the workforce development fund account established
8in section 15.342A.
9b. Notwithstanding section 8.33, moneys in the workforce
10development fund at the end of each fiscal year shall not
11revert to any other fund but shall remain in the workforce
12development fund for expenditure for subsequent fiscal years.
132. The assets of the fund shall be used by the authority
14 department of workforce development for the following programs
15and purposes:
16a. Projects under chapter 260F. The authority department of
17workforce development shall require a match from all businesses
18participating in a training project under chapter 260F.
19b. Apprenticeship programs under section 260C.44, including
20new or statewide building trades apprenticeship programs.
21c. To cover the costs of the administration of workforce
22development programs and services available through the
23authority. A portion of these funds may be used to To support
24efforts by the community colleges to provide workforce services
25to Iowa employers.
26 Sec. 2221. Section 15.344, Code 2023, is amended to read as
27follows:
2815.344 Common system — assessment and tracking.
29The authority department of workforce development shall use
30information from the customer tracking system administered by
31the department of workforce development under section 84A.5 to
32determine the economic impact of the programs. To the extent
33possible, the authority department shall track individuals and
34businesses who have received assistance or services through
35the fund to determine whether the assistance or services have
-1253-1resulted in increased wages paid to the individuals or paid by
2the businesses.
3 Sec. 2222. CODE EDITOR DIRECTIVE.
41. The Code editor is directed to make the following
5transfers:
6a. Section 15.341 to section 84F.1.
7b. Section 15.342 to section 84F.2.
8c. Section 15.342A to section 84F.3.
9d. Section 15.343 to section 84F.4.
10e. Section 15.344 to section 84F.5.
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.
14ACCELERATED CAREER EDUCATION PROGRAM
15 Sec. 2223. Section 260G.3, subsection 2, unnumbered
16paragraph 1, Code 2023, is amended to read as follows:
17An agreement may include reasonable and necessary provisions
18to implement the accelerated career education program. If
19an agreement is entered into, the community college and the
20employer shall notify the department of revenue as soon as
21possible. The community college shall also file a copy of the
22agreement with the economic development authority department
23of workforce development as required in section 260G.4B. The
24agreement shall provide for program costs, including deferred
25costs, which may be paid from any of the following sources:
26 Sec. 2224. Section 260G.4B, Code 2023, is amended to read
27as follows:
28260G.4B Maximum statewide program job credit.
291. The total amount of program job credits from all
30employers which shall be allocated for all accelerated career
31education programs in the state in any one fiscal year shall
32not exceed five million four hundred thousand dollars. A
33community college shall file a copy of each agreement with
34the economic development authority department of workforce
35development. The authority department of workforce development
-1254-1 shall maintain an annual record of the proposed program job
2credits under each agreement for each fiscal year. Upon
3receiving a copy of an agreement, the authority department of
4workforce development shall allocate any available amount of
5program job credits to the community college according to the
6agreement sufficient for the fiscal year and for the term of
7the agreement. When the total available program job credits
8are allocated for a fiscal year, the authority department of
9workforce development shall notify all community colleges that
10the maximum amount has been allocated and that further program
11job credits will not be available for the remainder of the
12fiscal year. Once program job credits have been allocated to
13a community college, the full allocation shall be received by
14the community college throughout the fiscal year and for the
15term of the agreement even if the statewide program job credit
16maximum amount is subsequently allocated and used.
172. For the fiscal years beginning July 1, 2000, and
18July 1, 2001, the department of economic development shall
19allocate eighty thousand dollars of the first one million two
20hundred thousand dollars of program job credits authorized and
21available for that fiscal year to each community college. This
22allocation shall be used by each community college to provide
23funding for approved programs. For the fiscal year beginning
24July 1, 2002 2023, and for every fiscal year thereafter,
25the economic development authority department of workforce
26development shall divide equally among the community colleges
27thirty percent of the program job credits available for that
28fiscal year for allocation to each community college to be used
29to provide funding for approved programs. If any portion of
30the allocation to a community college under this subsection
31has not been committed by April 1 of the fiscal year for which
32the allocation is made, the uncommitted portion is available
33for use by other community colleges. Once a community college
34has committed its allocation for any fiscal year under this
35subsection, the community college may receive additional
-1255-1program job credit allocations from those program job credits
2authorized and still available for that fiscal year.
3 Sec. 2225. Section 260G.4C, Code 2023, is amended to read
4as follows:
5260G.4C Facilitator Administration and reporting.
6The economic development authority department of workforce
7development shall administer the statewide allocations of
8program job credits to accelerated career education programs.
9The authority department of workforce development shall provide
10information about the accelerated career education programs in
11accordance with its annual reporting requirements in section
1215.107B to the general assembly annually on or before March 15.
13 Sec. 2226. Section 260G.6, subsection 1, Code 2023, is
14amended to read as follows:
151. An accelerated career education fund is established
16in the state treasury under the control of the department of
17workforce development consisting of moneys appropriated to the
18fund for purposes of funding the cost of accelerated career
19education program capital projects.
20 Sec. 2227. TRANSITION PROVISIONS.
211. On the effective date of this division of this Act,
22all unencumbered and unobligated moneys remaining in the
23accelerated career education fund established in section 260G.6
24shall be under the control of the department of workforce
25development.
262. a. All agreements entered into by a community college
27under section 260G.3 prior to the effective date of this
28division of this Act shall be valid and continue as provided
29in the terms of the agreement.
30b. Job credits shall be honored per an agreement entered
31into under paragraph “a” that includes a provision for program
32job credits.
33OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM
34 Sec. 2228. Section 231.23A, subsection 2, Code 2023, is
35amended by striking the subsection.
-1256-1 Sec. 2229. Section 231.51, Code 2023, is amended to read as
2follows:
3231.51 Older American community service employment program.
41. The department of workforce development shall direct
5and administer the older American community service employment
6program as authorized by the federal Act in coordination with
7the department of workforce development Older Americans Act of
81965, 42 U.S.C. §3001 et seq., as amended.
92. The purpose of the program is to foster individual
10economic self-sufficiency and to increase the number of
11participants placed in unsubsidized employment in the public
12and private sectors while maintaining the community service
13focus of the program.
143. Funds appropriated to the department of workforce
15development from the United States department of labor shall
16be distributed to subgrantees in accordance with federal
17requirements.
184. The department of workforce development shall require
19such uniform reporting and financial accounting by subgrantees
20as may be necessary to fulfill the purposes of this section.
215. The older American community service employment program
22shall be coordinated with the federal Workforce Innovation and
23Opportunity Act administered by the department of workforce
24development.
25 Sec. 2230. REPEAL. Section 231.53, Code 2023, is repealed.
26 Sec. 2231. CODE EDITOR DIRECTIVE.
271. The Code editor is directed to make the following
28transfer:
29Section 231.51 to section 84A.17.
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.
33 Sec. 2232. TRANSITION PROVISIONS. On the effective date
34of this division of this Act, all unencumbered and unobligated
35moneys remaining in any account or fund under the control of
-1257-1the department on aging and relating to this division of this
2Act shall be transferred to a comparable fund or account under
3the control of the department of workforce development for
4purposes of this division of this Act. Notwithstanding section
58.33, the moneys transferred in accordance with this subsection
6shall not revert to the account or fund from which the moneys
7are appropriated or transferred.
8VOCATIONAL REHABILITATION
9 Sec. 2233. Section 19B.2, subsection 2, Code 2023, is
10amended to read as follows:
112. It is the policy of this state to permit special
12appointments by bypassing the usual testing procedures for any
13applicant for whom the division of vocational rehabilitation
14services of the department of education workforce development
15 or the department for the blind has certified the applicant’s
16disability and competence to perform the job. The department
17of administrative services, in cooperation with the department
18for the blind and the division of vocational rehabilitation
19services, shall develop appropriate certification procedures.
20This subsection should not be interpreted to bar promotional
21opportunities for persons who are blind or persons with
22physical or mental disabilities. If this subsection conflicts
23with any other provisions of this chapter, the provisions of
24this subsection govern.
25 Sec. 2234. Section 84A.1, subsection 4, Code 2023, is
26amended to read as follows:
274. The department of workforce development shall include
28the division of labor services, the division of workers’
29compensation, vocational rehabilitation services, and other
30divisions as appropriate.
31 Sec. 2235. Section 84A.1A, subsection 1, paragraph a,
32subparagraph (7), Code 2023, is amended to read as follows:
33(7) The administrator of the division of Iowa vocational
34rehabilitation services of the department of education
35 workforce development or the administrator’s designee.
-1258-1 Sec. 2236. Section 84A.4, subsection 2, paragraph b,
2subparagraph (4), subparagraph division (a), subparagraph
3subdivision (iii), Code 2023, is amended to read as follows:
4(iii) The members shall include at least one appropriate
5representative of the programs carried out under Tit.I of
6the federal Rehabilitation Act of 1973, as codified at 29
7U.S.C.§720 et seq., relating to vocational rehabilitation
8services, excluding 29 U.S.C.§732 and 741, serving the local
9workforce development area and nominated by the administrator
10of the division of vocational rehabilitation services of the
11department of education workforce development or director of
12the department for the blind, as appropriate.
13 Sec. 2237. Section 85.70, subsection 1, Code 2023, is
14amended to read as follows:
151. An employee who has sustained an injury resulting
16in permanent partial or permanent total disability, for
17which compensation is payable under this chapter other than
18an injury to the shoulder compensable pursuant to section
1985.34, subsection 2, paragraph “n”, and who cannot return
20to gainful employment because of such disability, shall upon
21application to and approval by the workers’ compensation
22commissioner be entitled to a one hundred dollar weekly
23payment from the employer in addition to any other benefit
24payments, during each full week in which the employee is
25actively participating in a vocational rehabilitation program
26recognized by the vocational rehabilitation services division
27of the department of education workforce development. The
28workers’ compensation commissioner’s approval of such
29application for payment may be given only after a careful
30evaluation of available facts, and after consultation with the
31employer or the employer’s representative. Judicial review
32of the decision of the workers’ compensation commissioner
33may be obtained in accordance with the terms of the Iowa
34administrative procedure Act, chapter 17A, and in section
3586.26. Such additional benefit payment shall be paid for a
-1259-1period not to exceed thirteen consecutive weeks except that
2the workers’ compensation commissioner may extend the period
3of payment not to exceed an additional thirteen weeks if the
4circumstances indicate that a continuation of training will in
5fact accomplish rehabilitation.
6 Sec. 2238. Section 256.1, subsection 1, paragraph d, Code
72023, is amended by striking the paragraph.
8 Sec. 2239. Section 256.35A, subsection 2, paragraph b, Code
92023, is amended to read as follows:
10b. In addition, representatives of the department of
11education, the division of vocational rehabilitation of the
12department of education workforce development, the department
13of public health, the department of human services, the Iowa
14developmental disabilities council, the division of insurance
15of the department of commerce, and the state board of regents
16shall serve as ex officio members of the advisory council. Ex
17officio members shall work together in a collaborative manner
18to serve as a resource to the advisory council. The council
19may also form workgroups as necessary to address specific
20issues within the technical purview of individual members.
21 Sec. 2240. Section 259.2, Code 2023, is amended to read as
22follows:
23259.2 Custodian of funds.
241. The treasurer of state is custodian of moneys received
25by the state from appropriations made by the Congress of the
26United States for the vocational rehabilitation of individuals
27with disabilities, and may receive and provide for the proper
28custody of the moneys and make disbursement of them the moneys
29 upon the requisition of the director of the department of
30education workforce development.
312. The treasurer of state is appointed custodian of moneys
32paid by the federal government to the state for the purpose of
33carrying out the agreement relative to making determinations
34of disability under Tit.II and Tit.XVI of the federal Social
35Security Act as amended, 42 U.S.C. ch.7, and may receive the
-1260-1moneys and make disbursements of them the moneys upon the
2requisition of the director of the department of education
3 workforce development.
4 Sec. 2241. Section 259.3, Code 2023, is amended to read as
5follows:
6259.3 Board and division Division of vocational
7rehabilitation services.
8The division of vocational rehabilitation services
9is established in the department of education workforce
10development. The director of the department of education
11 workforce development shall cooperate with the United States
12secretary of education in carrying out the federal law cited
13in sections 259.1 and 259.2 providing for the vocational
14rehabilitation of individuals with disabilities. The state
15board of education shall adopt rules under chapter 17A for the
16administration of this chapter.
17 Sec. 2242. Section 259.5, Code 2023, is amended to read as
18follows:
19259.5 Report to governor.
20The division of vocational rehabilitation services shall
21report biennially to the governor the condition of vocational
22rehabilitation within the state, designating the educational
23institutions, establishments, plants, factories, and other
24agencies in which training is being given, and include a
25detailed statement of expenditures of the state and federal
26funds in the rehabilitation of individuals with disabilities.
27 Sec. 2243. Section 259.6, Code 2023, is amended to read as
28follows:
29259.6 Gifts and donations.
30The division of vocational rehabilitation services may
31receive gifts and donations from either public or private
32sources offered unconditionally or under conditions related to
33the vocational rehabilitation of individuals with disabilities
34that are consistent with this chapter.
35 Sec. 2244. Section 259.7, Code 2023, is amended to read as
-1261-1follows:
2259.7 Fund.
3All the moneys received as gifts or donations shall be
4deposited in the state treasury and shall constitute a
5permanent fund to be called the special fund for the vocational
6rehabilitation of individuals with disabilities, to be used
7by the director of the department of education workforce
8development in carrying out the provisions of this chapter or
9for related purposes.
10 Sec. 2245. Section 259.8, Code 2023, is amended to read as
11follows:
12259.8 Report of gifts.
13A full report of all gifts and donations offered and
14accepted, together with the names of the donors name of each
15donor and the respective amounts amount contributed by each
16donor, and all disbursements from the special fund for the
17vocational rehabilitation of individuals with disabilities
18 shall be submitted at call or biennially to the governor of the
19state by the division department of workforce development.
20 Sec. 2246. NEW SECTION. 259.10 Rules.
21The department of workforce development shall adopt rules
22under chapter 17A for the administration of this chapter.
23 Sec. 2247. CODE EDITOR DIRECTIVE.
241. The Code editor is directed to make the following
25transfers:
26a. Section 259.1 to section 84G.1.
27b. Section 259.2 to section 84G.2.
28c. Section 259.3 to section 84G.3.
29d. Section 259.4 to section 84G.4.
30e. Section 259.5 to section 84G.5.
31f. Section 259.6 to section 84G.6.
32g. Section 259.7 to section 84G.7.
33h. Section 259.8 to section 84G.8.
34i. Section 259.9 to section 84G.9.
35j. Section 259.10 to section 84G.10.
-1262- 12. The Code editor shall correct internal references in the
2Code and in any enacted legislation as necessary due to the
3enactment of this section.
4 Sec. 2248. TRANSITION PROVISION. The agreement between the
5director of the department of education and the commissioner of
6the United States social security administration under section
7259.9 shall remain in full force and effect until amended,
8repealed, or supplemented by the United States social security
9administration or by the department of workforce development.
10APPRENTICESHIP TRAINING PROGRAM
11 Sec. 2249. Section 15.106A, subsection 2, paragraph a, Code
122023, is amended to read as follows:
13a. That through this section and section 15.106B, the
14authority has been granted broad general powers and specific
15program powers over all of the authority’s statutory programs,
16including but not limited to the programs created pursuant to
17chapters 15, 15A, 15B, 15C, 15E, and 15J.
18 Sec. 2250. Section 15B.2, subsection 5, Code 2023, is
19amended by striking the subsection.
20 Sec. 2251. Section 15B.2, Code 2023, is amended by adding
21the following new subsections:
22 NEW SUBSECTION. 6A. “Department” means the department of
23workforce development.
24 NEW SUBSECTION. 9A. “Targeted industries” means the
25industries of advanced manufacturing, biosciences, and
26information technology.
27 Sec. 2252. Section 15B.2, subsection 7, Code 2023, is
28amended to read as follows:
297. “Financial assistance” means assistance provided only
30from the funds, rights, and assets legally available to
31the authority department and includes but is not limited to
32assistance in the forms of grants, loans, forgivable loans, and
33royalty payments.
34 Sec. 2253. Section 15B.3, subsections 1, 2, 3, and 4, Code
352023, are amended to read as follows:
-1263- 11. An apprenticeship training program fund is created as a
2revolving fund in the state treasury under the control of the
3authority department.
42. The fund shall consist of moneys appropriated for
5purposes of the apprenticeship training program, and any other
6moneys lawfully available to the authority department for
7purposes of this chapter.
83. Moneys in the fund are appropriated to the authority
9 department for the purposes of this chapter.
104. No more than two percent of the total moneys deposited
11in the fund on July 1 of a fiscal year is appropriated to the
12authority department for the purposes of administering this
13chapter.
14 Sec. 2254. Section 15B.3, subsection 6, Code 2023, is
15amended by striking the subsection.
16 Sec. 2255. Section 15B.4, subsection 1, paragraph a, Code
172023, is amended to read as follows:
18a. An apprenticeship sponsor or lead apprenticeship
19sponsor that conducts an apprenticeship program that is
20registered with the United States department of labor, office
21of apprenticeship, through Iowa, for apprentices who will
22be employed at worksites located in this state may apply to
23the authority department for financial assistance under this
24section if the apprenticeship program includes a minimum of one
25hundred contact hours per apprentice for each training year of
26the apprenticeship program.
27 Sec. 2256. Section 15B.4, subsection 2, unnumbered
28paragraph 1, Code 2023, is amended to read as follows:
29The authority department shall provide financial assistance
30in the form of training grants to eligible apprenticeship
31sponsors or lead apprenticeship sponsors in the following
32manner:
33 Sec. 2257. Section 15B.4, subsection 3, unnumbered
34paragraph 1, Code 2023, is amended to read as follows:
35An apprenticeship sponsor or lead apprenticeship sponsor
-1264-1seeking financial assistance under this section shall provide
2the following information to the authority department:
3 Sec. 2258. Section 15B.4, subsection 3, paragraph e, Code
42023, is amended to read as follows:
5e. Any other information the authority department reasonably
6determines is necessary.
7 Sec. 2259. Section 15B.4, subsection 4, Code 2023, is
8amended to read as follows:
94. The apprenticeship sponsor or lead apprenticeship
10sponsor and the authority department shall enter into an
11agreement regarding the provision of any financial assistance
12to the apprenticeship sponsor or lead apprenticeship sponsor.
13 Sec. 2260. NEW SECTION. 15B.5 Rules.
14The department shall adopt rules to administer this chapter.
15 Sec. 2261. 2021 Iowa Acts, chapter 45, section 5, is amended
16to read as follows:
17SEC. 5. APPLICABILITY. This Act applies to financial
18assistance provided by the economic development authority to
19apprenticeship sponsors and lead apprenticeship sponsors that
20apply for financial assistance on or after July 1, 2021, and on
21or before June 30, 2023.
22 Sec. 2262. CODE EDITOR DIRECTIVE.
231. The Code editor is directed to make the following
24transfers:
25a. Section 15B.1 to section 84D.1.
26b. Section 15B.2 to section 84D.2.
27c. Section 15B.3 to section 84D.3.
28d. Section 15B.4 to section 84D.4.
29e. Section 15B.5 to section 84D.5.
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.
33 Sec. 2263. TRANSITION PROVISION. All agreements entered
34into by an apprenticeship sponsor or lead apprenticeship
35sponsor and the economic development authority regarding the
-1265-1provision of any financial assistance to the apprenticeship
2sponsor or lead apprenticeship sponsor prior to the effective
3date of this division of this Act shall be valid and continue
4as provided in the terms of the agreement.
5FUTURE READY IOWA REGISTERED APPRENTICESHIP DEVELOPMENT PROGRAM
6 Sec. 2264. Section 15C.1, subsection 1, paragraph f, Code
72023, is amended by striking the paragraph and inserting in
8lieu thereof the following:
9f. “Department” means the department of workforce
10development.
11 Sec. 2265. Section 15C.1, subsection 1, paragraphs g and h,
12Code 2023, are amended to read as follows:
13g. “Eligible apprenticeable occupation” means an
14apprenticeable occupation identified by the workforce
15development board or a community college pursuant to section
1684A.1B, subsection 14, as a high-demand job, after consultation
17with the authority.
18h. “Financial assistance” means assistance provided only
19from the funds, rights, and assets legally available to
20the authority department and includes but is not limited
21to assistance in the form of a reimbursement grant to
22support the costs associated with establishing a new
23eligible apprenticeable occupation or an additional eligible
24apprenticeable occupation in an applicant’s apprenticeship
25program.
26 Sec. 2266. Section 15C.1, subsection 2, Code 2023, is
27amended to read as follows:
282. Program created. Subject to an appropriation of funds
29by the general assembly for this purpose, a future ready Iowa
30registered apprenticeship development program is created
31which shall be administered by the authority department. The
32purpose of the program is to provide financial assistance to
33incentivize small and medium-sized apprenticeship sponsors to
34establish new or additional eligible apprenticeable occupations
35in the apprenticeship sponsor’s apprenticeship program in order
-1266-1to support the growth of apprenticeship programs and expand
2high-quality work-based learning experiences in high-demand
3fields and careers for persons who are employed in eligible
4apprenticeable occupations in Iowa.
5 Sec. 2267. Section 15C.1, subsection 3, unnumbered
6paragraph 1, Code 2023, is amended to read as follows:
7An apprenticeship sponsor may apply to the authority
8 department, on forms provided by the authority department and
9in accordance with the authority’s department’s instructions,
10to receive financial assistance under the program. The
11authority department shall provide upon request and on the
12authority’s department’s internet site information about the
13program, the application, application instructions, and the
14application period established each year for funding available
15under the program. The application shall include a description
16of how the financial assistance awarded under this section
17would be used to establish an apprenticeship program or add new
18or additional apprenticeable occupations to the apprenticeship
19sponsor’s apprenticeship program and the anticipated program
20expenses identified by the applicant.
21 Sec. 2268. Section 15C.1, subsection 3, paragraph a,
22subparagraphs (1) and (2), Code 2023, are amended to read as
23follows:
24(1) Twenty or fewer apprentices are registered in the
25existing apprenticeship program as of December 31 of the
26calendar year prior to the date the authority department
27 receives the apprenticeship sponsor’s application.
28(2) More than seventy percent of the applicant’s
29apprentices shall be are residents of Iowa, and the remainder
30of the applicant’s apprentices shall be are residents of states
31contiguous to Iowa. In determining the number of apprentices
32in an applicant’s apprenticeship program, the authority
33 department may calculate the average number of apprentices in
34the program within the most recent two-year period.
35 Sec. 2269. Section 15C.1, subsections 4 and 5, Code 2023,
-1267-1are amended to read as follows:
24. Rules. The authority department shall adopt rules
3pursuant to chapter 17A establishing a staff review and
4application approval process, application scoring criteria, the
5minimum score necessary for approval of financial assistance,
6procedures for notification of an award of financial
7assistance, the terms of agreement between the apprenticeship
8sponsor and the authority department, and any other rules
9deemed necessary for the implementation and administration of
10this section.
115. Agreement. Prior to distributing financial assistance
12under this section, the authority department shall enter
13into an agreement with the apprenticeship sponsor awarded
14financial assistance in accordance with this section, and the
15financial assistance recipient shall confirm the expenses for
16establishing the program or adding the additional occupations
17as identified in the approved application, and shall meet all
18terms established by the authority department for receipt of
19financial assistance under this section.
20 Sec. 2270. Section 15C.1, subsection 6, paragraph b, Code
212023, is amended to read as follows:
22b. Notwithstanding section 8.33, moneys appropriated to the
23authority department by the general assembly for purposes of
24this section that remain unencumbered or unobligated at the
25end of the fiscal year shall not revert to the general fund
26but shall remain available for expenditure for the purposes
27designated in subsequent fiscal years.
28 Sec. 2271. CODE EDITOR DIRECTIVE.
291. The Code editor is directed to make the following
30transfer:
31Section 15C.1 to section 84E.1.
322. The Code editor shall correct internal references in the
33Code and in any enacted legislation as necessary due to the
34enactment of this section, including references to chapter 15C.
35 Sec. 2272. TRANSITION PROVISION. All agreements entered
-1268-1into by an apprenticeship sponsor and the economic development
2authority under section 15C.1, subsection 5, prior to the
3effective date of this division of this Act shall be valid and
4continue as provided in the terms of the agreement.
5FUTURE READY IOWA EXPANDED REGISTERED APPRENTICESHIP
6OPPORTUNITIES PROGRAM
7 Sec. 2273. Section 15C.2, subsection 1, paragraph e, Code
82023, is amended by striking the paragraph and inserting in
9lieu thereof the following:
10e. “Department” means the department of workforce
11development.
12 Sec. 2274. Section 15C.2, subsection 1, paragraph h, Code
132023, is amended to read as follows:
14h. “Financial assistance” means assistance provided only
15from the funds, rights, and assets legally available to
16the authority department and includes but is not limited
17to assistance in the form of a reimbursement grant of one
18thousand dollars per apprentice in an eligible apprenticeable
19occupation.
20 Sec. 2275. Section 15C.2, subsection 2, Code 2023, is
21amended to read as follows:
222. Program created. Subject to an appropriation of funds
23by the general assembly for this purpose, a future ready Iowa
24expanded registered apprenticeship opportunities program
25is created which shall be administered by the authority
26 department. The purpose of the program is to provide
27financial assistance to encourage apprenticeship sponsors of
28apprenticeship programs with twenty or fewer apprentices to
29maintain apprenticeship programs in high-demand occupations.
30 Sec. 2276. Section 15C.2, subsection 3, unnumbered
31paragraph 1, Code 2023, is amended to read as follows:
32An eligible apprenticeship sponsor may apply to the
33authority department, on forms provided by the authority
34 department and in accordance with the authority’s department’s
35 instructions, to receive financial assistance under the
-1269-1program. The authority department shall provide upon request
2and on the authority’s department’s internet site information
3about the program, the application, application instructions,
4and the application period established each year for funding
5available under the program.
6 Sec. 2277. Section 15C.2, subsection 3, paragraph a,
7subparagraphs (1) and (2), Code 2023, are amended to read as
8follows:
9(1) Twenty or fewer apprentices are registered in the
10apprenticeship program as of December 31 of the calendar
11year prior to the date the authority department receives the
12eligible apprenticeship sponsor’s application.
13(2) More than seventy percent of the applicant’s
14apprentices are residents of Iowa, and the remainder of the
15applicant’s apprentices are residents of states contiguous
16to Iowa. In determining the number of apprentices in an
17applicant’s apprenticeship program, the authority department
18 may calculate the average number of apprentices in the program
19within the most recent two-year period.
20 Sec. 2278. Section 15C.2, subsections 4 and 5, Code 2023,
21are amended to read as follows:
224. Rules. The authority department shall adopt rules
23pursuant to chapter 17A establishing a staff review and
24application approval process, application scoring criteria, the
25minimum score necessary for approval of financial assistance,
26procedures for notification of an award of financial
27assistance, the terms of agreement between the apprenticeship
28sponsor and the authority department, and any other rules
29deemed necessary for the implementation and administration of
30this section.
315. Agreement. Prior to distributing financial assistance
32under this section, the authority department shall enter into
33an agreement with the eligible apprenticeship sponsor awarded
34financial assistance in accordance with this section, and
35the financial assistance recipient shall confirm the number
-1270-1of apprentices in eligible apprenticeable occupations as
2identified in the approved application, and shall meet all
3terms established by the authority department for receipt of
4financial assistance under this section.
5 Sec. 2279. Section 15C.2, subsection 7, paragraph b, Code
62023, is amended to read as follows:
7b. Notwithstanding section 8.33, moneys appropriated to the
8authority department by the general assembly for purposes of
9this section that remain unencumbered or unobligated at the
10end of the fiscal year shall not revert to the general fund
11but shall remain available for expenditure for the purposes
12designated in subsequent fiscal years.
13 Sec. 2280. CODE EDITOR DIRECTIVE.
141. The Code editor is directed to make the following
15transfer:
16Section 15C.2 to section 84E.2.
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, including references to chapter 15C.
20 Sec. 2281. TRANSITION PROVISION. All agreements entered
21into by an apprenticeship sponsor and the economic development
22authority under section 15C.2, subsection 5, regarding the
23provision of any financial assistance to the apprenticeship
24sponsor prior to the effective date of this division of this
25Act shall be valid and continue as provided in the terms of the
26agreement.
27EMPLOYMENT AGENCIES
28 Sec. 2282. Section 94A.1, subsection 2, Code 2023, is
29amended to read as follows:
302. “Commissioner” “Director” means the labor commissioner,
31appointed pursuant to section 91.2, director of the department
32of workforce development or the labor commissioner’s director’s
33 designee.
34 Sec. 2283. Section 94A.2, Code 2023, is amended to read as
35follows:
-1271- 194A.2 Licensing.
21. An employment agency shall obtain a license from the
3commissioner director prior to transacting any business.
4Licenses expire on June 30 of each year.
52. A license application shall be in the form prescribed by
6the commissioner director and shall be accompanied by all of
7the following:
8a. A surety company bond in the sum of thirty thousand
9dollars, to be approved by the commissioner director and
10conditioned to pay any damages that may accrue to any person
11due to a wrongful act or violation of law on the part of the
12applicant in the conduct of business.
13b. The schedule of fees to be charged by the employment
14agency.
15c. All contract forms to be signed by an employee.
16d. An application fee of seventy-five dollars.
173. The commissioner director shall grant or deny a license
18within thirty days from the filing date of a completed
19application.
204. The commissioner director may revoke, suspend, or annul a
21license in accordance with chapter 17A upon good cause pursuant
22to rules adopted by the director.
23 Sec. 2284. Section 94A.4, subsection 4, paragraph d, Code
242023, is amended to read as follows:
25d. Charge an employee any fee greater than the fee schedule
26on file with the commissioner director without prior consent
27of the commissioner director.
28 Sec. 2285. Section 94A.5, Code 2023, is amended to read as
29follows:
3094A.5 Powers and duties of the commissioner director.
311. At any time, the commissioner The director may examine
32the records, books, and any papers relating to the conduct and
33operation of an employment agency at any time.
342. The commissioner shall adopt rules pursuant to chapter
3517A to administer this chapter.
-1272-1 Sec. 2286. Section 94A.6, Code 2023, is amended to read as
2follows:
394A.6 Violations.
41. A person who violates a provision of this chapter or who
5refuses the commissioner director access to records, books, and
6papers pursuant to an examination under section 94A.5 shall be
7guilty of a simple misdemeanor.
82. If a person violates a provision of this chapter or
9refuses the commissioner director access to records, books,
10and papers pursuant to an examination under section 94A.5, the
11commissioner director shall assess a civil penalty against the
12person in an amount not greater than two thousand dollars.
13 Sec. 2287. NEW SECTION. 94A.7 Rules.
141. The director shall adopt rules pursuant to chapter 17A to
15administer this chapter.
162. The director may establish rules pursuant to chapter
1717A to assess and collect interest on fees and penalties owed
18to the department of workforce development. The director may
19delay or, following written notice, deny the issuance of a
20license, if the applicant for the license owes a debt to the
21department of workforce development.
22 Sec. 2288. CODE EDITOR DIRECTIVE.
231. The Code editor is directed to make the following
24transfers:
25a. Section 94A.1 to section 84H.1.
26b. Section 94A.2 to section 84H.2.
27c. Section 94A.3 to section 84H.3.
28d. Section 94A.4 to section 84H.4.
29e. Section 94A.5 to section 84H.5.
30f. Section 94A.6 to section 84H.6.
31g. Section 94A.7 to section 84H.7.
322. The Code editor shall correct internal references in the
33Code and in any enacted legislation as necessary due to the
34enactment of this section.
35REPORTS AND RECORDS
-1273-1 Sec. 2289. Section 91.12, Code 2023, is amended to read as
2follows:
391.12 Reports and records to division of labor services.
41. An owner, operator, or manager of every factory,
5mill, workshop, mine, store, railway, business house, public
6or private work, or any other establishment where labor is
7employed, shall submit to the division of labor services
8 department of workforce development reports in the form
9and manner prescribed by the commissioner director of the
10department of workforce development by rule, for the purpose of
11compiling labor statistics. The owner, operator, or business
12manager shall submit the reports within sixty days from receipt
13of notice, and shall certify under oath the accuracy of the
14reports. For purposes of this section, “factory”, “mill”,
15“workshop”, “mine”, “store”, “railway”, “business house”, and
16“public or private work” shall mean any factory, mill, workshop,
17mine, store, railway, business house, or public or private work
18where wage earners are employed for compensation.
192. Notwithstanding chapter 22, records containing submitted
20under subsection 1 that contain identifiable financial
21institution or credit card account numbers obtained by the
22commissioner shall be kept confidential.
233. a. Any officer or employee of the department of
24workforce development who makes unlawful use of a report
25submitted under subsection 1 shall be guilty of a serious
26misdemeanor.
27b. Any person who has access to a report submitted under
28subsection 1 who makes unlawful use of the report shall be
29guilty of a serious misdemeanor.
30c. Any owner, operator, or manager of a factory, mill,
31workshop, mine, store, railway, business house, or public or
32private work who fails to submit the report required under
33subsection 1 shall be guilty of a simple misdemeanor.
344. The director of the department of workforce development
35shall adopt rules pursuant to chapter 17A to administer this
-1274-1section.
2 Sec. 2290. CODE EDITOR DIRECTIVE.
31. The Code editor is directed to make the following
4transfer:
5Section 91.12 to section 84A.18.
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.
9ADULT EDUCATION
10 Sec. 2291. NEW SECTION. 84A.19 Adult education and literacy
11programs.
121. For purposes of this section, unless the context
13otherwise requires:
14a. “Adult education and literacy programs” means adult basic
15education, adult education leading to a high school equivalency
16diploma under chapter 259A, English as a second language
17instruction, and workplace and family literacy instruction.
18b. “Community colleges” means the same as defined in section
19260C.2.
202. The department of workforce development and community
21colleges shall jointly implement adult education and literacy
22programs to assist adults and youths sixteen years of age and
23older who are not in school in obtaining the knowledge and
24skills necessary for further education, work, and community
25involvement.
263. The department of workforce development, in consultation
27with community colleges, shall prescribe standards for adult
28education and literacy programs including but not limited
29to contextualized and integrated instruction, assessments,
30instructor qualification and professional development, data
31collection and reporting, and performance benchmarks.
324. The department of workforce development, in consultation
33with community colleges, shall adopt rules pursuant to chapter
3417A to administer this section.
35 Sec. 2292. Section 260C.50, Code 2023, is amended to read
-1275-1as follows:
2260C.50 Adult education and literacy programs.
31. For purposes of this section, “adult education and
4literacy programs” means adult basic education, adult education
5leading to a high school equivalency diploma under chapter
6259A, English as a second language instruction, workplace and
7family literacy instruction, or integrated basic education and
8technical skills instruction.
92. The department and the community colleges shall jointly
10implement adult education and literacy programs to assist
11adults and youths sixteen years of age and older who are not
12in school in obtaining the knowledge and skills necessary for
13further education, work, and community involvement.
143. The state board, in consultation with the community
15colleges, shall prescribe standards for adult education and
16literacy programs including but not limited to contextualized
17and integrated instruction, assessments, instructor
18qualification and professional development, data collection and
19reporting, and performance benchmarks.
204. The state board, in consultation with the community
21colleges, shall adopt rules pursuant to chapter 17A to
22administer this section.
23DIVISION XII
24DEPARTMENT OF REVENUE
25IOWA LOTTERY
26 Sec. 2293. Section 7E.6, subsection 3, Code 2023, is amended
27to read as follows:
283. Any position of membership on the board of the Iowa
29lottery authority board created in section 99G.8 shall receive
30compensation of fifty dollars per day and expenses.
31 Sec. 2294. Section 68B.35, subsection 2, paragraph e, Code
322023, is amended to read as follows:
33e. Members of the state banking council, the Iowa ethics
34and campaign disclosure board, the credit union review board,
35the economic development authority, the employment appeal
-1276-1board, the environmental protection commission, the health
2facilities council, the Iowa finance authority, the Iowa public
3employees’ retirement system investment board, the board of
4the Iowa lottery authority board created in section 99G.8, the
5natural resource commission, the board of parole, the petroleum
6underground storage tank fund board, the public employment
7relations board, the state racing and gaming commission, the
8state board of regents, the transportation commission, the
9office of consumer advocate, the utilities board, the Iowa
10telecommunications and technology commission, and any full-time
11members of other boards and commissions as defined under
12section 7E.4 who receive an annual salary for their service
13on the board or commission. The Iowa ethics and campaign
14disclosure board shall conduct an annual review to determine
15if members of any other board, commission, or authority should
16file a statement and shall require the filing of a statement
17pursuant to rules adopted pursuant to chapter 17A.
18 Sec. 2295. Section 99B.1, subsection 22, Code 2023, is
19amended to read as follows:
2022. “Merchandise” means goods or services that are bought
21and sold in the regular course of business. “Merchandise”
22includes lottery tickets or shares sold or authorized under
23chapter 99G. The value of the lottery ticket or share is the
24price of the lottery ticket or share as established by the Iowa
25lottery authority department of revenue pursuant to chapter
2699G. “Merchandise” includes a gift card if the gift card is not
27redeemable for cash.
28 Sec. 2296. Section 99G.1, Code 2023, is amended to read as
29follows:
3099G.1 Title.
31This chapter may be cited as the “Iowa Lottery Authority
32 Act”.
33 Sec. 2297. Section 99G.2, subsection 2, Code 2023, is
34amended by striking the subsection.
35 Sec. 2298. Section 99G.3, subsections 2 and 4, Code 2023,
-1277-1are amended by striking the subsections.
2 Sec. 2299. Section 99G.3, Code 2023, is amended by adding
3the following new subsections:
4 NEW SUBSECTION. 1A. “Administrator” means the administrator
5of the Iowa lottery appointed pursuant to section 99G.5.
6 NEW SUBSECTION. 4A. “Department” means the department of
7revenue.
8 NEW SUBSECTION. 4B. “Director” means the director of the
9department of revenue or the director’s designee.
10 NEW SUBSECTION. 4C. “Division” means the Iowa lottery
11division of the department of revenue.
12 Sec. 2300. Section 99G.3, subsections 3, 7, 14, and 18, Code
132023, are amended to read as follows:
143. “Board” means the board of directors of the authority
15 Iowa lottery created in section 99G.8.
167. “Lottery”, “lotteries”, “lottery game”, “lottery games”,
17or “lottery products” means any game of chance approved by the
18board and operated pursuant to this chapter and games using
19mechanical or electronic devices, provided that the authority
20 division shall not authorize a monitor vending machine or a
21player-activated gaming machine that utilizes an internal
22randomizer to determine winning and nonwinning plays and that
23upon random internal selection of a winning play dispenses
24coins, currency, or a ticket, credit, or token to the player
25that is redeemable for cash or a prize, and excluding gambling
26or gaming conducted pursuant to chapter 99B, 99D, or 99F.
2714. “Retailer” means a person who sells lottery tickets
28or shares on behalf of the authority division pursuant to a
29license issued by the authority department.
3018. “Vendor” means a person who provides or proposes to
31provide goods or services to the authority department pursuant
32to a major procurement contract, but does not include an
33employee of the authority department under this chapter, a
34retailer, or a state agency or instrumentality thereof.
35 Sec. 2301. Section 99G.3, subsection 8, Code 2023, is
-1278-1amended by striking the subsection.
2 Sec. 2302. Section 99G.4, Code 2023, is amended to read as
3follows:
499G.4 Iowa lottery authority created.
51. An Iowa lottery authority is created, effective
6September 1, 2003, which shall administer the state lotterybe
7administered by the division. The authority shall be deemed to
8be a public authority and an instrumentality of the state, and
9not a state agency. However, the authority shall be considered
10a state agency for purposes of chapters 17A, 21, 22, 28E, 68B,
1191B, 97B, 509A, and 669.
122. The income and property of the authority department under
13this chapter shall be exempt from all state and local taxes,
14and the sale of lottery tickets and shares issued and sold by
15the authority division and its retail licensees shall be exempt
16from all state and local sales taxes.
17 Sec. 2303. Section 99G.5, Code 2023, is amended by striking
18the section and inserting in lieu thereof the following:
1999G.5 Lottery administrator.
201. An administrator of the lottery under this chapter shall
21be appointed by the governor subject to confirmation by the
22senate and shall serve at the pleasure of the governor. The
23administrator shall be qualified by training and experience to
24manage a lottery.
252. The salary of the lottery administrator shall be set by
26the governor within the applicable salary range established by
27the general assembly.
283. The lottery administrator shall be an employee of the
29department and shall direct the day-to-day operations and
30management of the lottery under this chapter as specified by
31the director.
32 Sec. 2304. Section 99G.6, Code 2023, is amended to read as
33follows:
3499G.6 Power to administer oaths and take testimony —
35subpoena.
-1279- 1The chief executive officer administrator or the chief
2executive officer’s administrator’s designee if authorized
3to conduct an inquiry, investigation, or hearing under
4this chapter may administer oaths and take testimony under
5oath relative to the matter of inquiry, investigation, or
6hearing. At a hearing ordered by the chief executive officer
7 administrator, the chief executive officer administrator or the
8designee may subpoena witnesses and require the production of
9records, paper, or documents pertinent to the hearing.
10 Sec. 2305. Section 99G.7, subsection 1, unnumbered
11paragraph 1, Code 2023, is amended to read as follows:
12The chief executive officer of the authority administrator
13 shall direct and supervise all administrative and technical
14activities in accordance with the provisions of this
15chapter and with the administrative rules, policies, and
16procedures adopted by the board. The chief executive officer
17 administrator shall do all of the following:
18 Sec. 2306. Section 99G.7, subsection 1, paragraphs b and c,
19Code 2023, are amended by striking the paragraphs.
20 Sec. 2307. Section 99G.7, subsection 1, paragraphs d, e, f,
21g, and i, Code 2023, are amended to read as follows:
22d. Promote or provide for promotion of the lottery and any
23functions related to the authority division under this chapter.
24e. Prepare a budget for the approval of the board director
25for activities of the division under this chapter.
26f. Require bond from such retailers and vendors in such
27amounts as required by the board division.
28g. Report semiannually to the general assembly’s standing
29committees on government oversight regarding the operations of
30the authority division.
31i. Perform other duties generally associated with a chief
32executive officer of an authority of an entrepreneurial nature
33 as necessary to administer this chapter.
34 Sec. 2308. Section 99G.7, subsections 2, 3, and 4, Code
352023, are amended to read as follows:
-1280- 12. The chief executive officer administrator shall conduct
2an ongoing study of the operation and administration of lottery
3laws similar to this chapter in other states or countries,
4of available literature on the subject, of federal laws and
5regulations which may affect the operation of the lottery
6and of the reaction of citizens of this state to existing
7or proposed features of lottery games with a view toward
8implementing improvements that will tend to serve the purposes
9of this chapter.
103. The chief executive officer director may for good cause
11suspend, revoke, or refuse to renew any contract entered into
12in accordance with the provisions of this chapter or the
13administrative rules, policies, and procedures of the board.
144. The chief executive officer or the chief executive
15officer’s designee administrator or the administrator’s
16designee may conduct hearings and administer oaths to persons
17for the purpose of assuring the security or integrity of
18lottery operations or to determine the qualifications of or
19compliance by vendors and retailers.
20 Sec. 2309. Section 99G.8, subsections 1, 4, 6, and 13, Code
212023, are amended to read as follows:
221. The authority shall be administered by a A board of
23directors comprised of five members appointed by the governor
24subject to confirmation by the senate is created within the
25department. Board members appointed when the senate is not
26in session shall serve only until the end of the next regular
27session of the general assembly, unless confirmed by the
28senate.
294. No officer or employee of the authority department shall
30be a member of the board.
316. A majority of members in office shall constitute a quorum
32for the transaction of any business and for the exercise of any
33power or function of the authority board.
3413. Board members shall not have any direct or indirect
35interest in an undertaking that puts their personal interest
-1281-1in conflict with that of the authority department under this
2chapter including but not limited to an interest in a major
3 procurement contract or a participating retailer.
4 Sec. 2310. Section 99G.8, subsection 15, Code 2023, is
5amended by striking the subsection.
6 Sec. 2311. Section 99G.9, unnumbered paragraph 1, Code
72023, is amended to read as follows:
8The board shall provide the chief executive officer director
9and the administrator with private-sector perspectives of a
10large marketing enterprise. The board shall do all of the
11following:
12 Sec. 2312. Section 99G.9, subsections 1 and 5, Code 2023,
13are amended by striking the subsections.
14 Sec. 2313. Section 99G.9, subsection 2, Code 2023, is
15amended to read as follows:
162. Approve, disapprove, amend, or modify the terms of major
17 lottery procurements recommended by the chief executive officer
18 administrator.
19 Sec. 2314. Section 99G.9, subsection 3, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21Adopt policies and procedures and promulgate administrative
22rules pursuant to chapter 17A relating to the management and
23operation of the authority Iowa lottery. The administrative
24rules promulgated pursuant to this subsection may include but
25shall not be limited to the following:
26 Sec. 2315. Section 99G.9, subsection 3, paragraph c, Code
272023, is amended to read as follows:
28c. The number and amount of prizes, including but not
29limited to prizes of free tickets or shares in lottery games
30conducted by the authority division and merchandise prizes.
31The authority division shall maintain and make available for
32public inspection at its offices during regular business hours
33a detailed listing of the estimated number of prizes of each
34particular denomination that are expected to be awarded in
35any game that is on sale or the estimated odds of winning the
-1282-1prizes and, after the end of the claim period, shall maintain
2and make available a listing of the total number of tickets
3or shares sold in a game and the number of prizes of each
4denomination that were awarded.
5 Sec. 2316. Section 99G.9, subsection 3, paragraph j, Code
62023, is amended by striking the paragraph.
7 Sec. 2317. Section 99G.9, subsection 4, Code 2023, is
8amended to read as follows:
94. Adopt game specific rules. The promulgation of game
10specific rules shall not be subject to the requirements of
11chapter 17A. However, game specific rules shall be made
12available to the public prior to the time the games go on
13sale and shall be kept on file at the office of the authority
14 division.
15 Sec. 2318. Section 99G.10, Code 2023, is amended by striking
16the section and inserting in lieu thereof the following:
1799G.10 Lottery personnel.
181. An employee of the division shall not have a financial
19interest in any vendor doing business or proposing to do
20business with the department under this chapter. However, an
21employee may own shares of a mutual fund which may hold shares
22of a vendor corporation provided the employee does not have the
23ability to influence the investment functions of the mutual
24fund.
252. An employee of the division with decision-making
26authority under this chapter shall not participate in any
27decision involving a retailer with whom the employee has a
28financial interest.
293. A background investigation shall be conducted by
30the department of public safety, division of criminal
31investigation, on each applicant who has reached the final
32selection process prior to employment by the department under
33this chapter. For positions not designated as sensitive by the
34department, the investigation may consist of a state criminal
35history background check, work history, and financial review.
-1283-1The department shall identify those sensitive positions of
2the division which require full background investigations,
3which positions shall include, at a minimum, any officer of
4the division, and any employee with operational management
5responsibilities, security duties, or system maintenance or
6programming responsibilities related to the division’s data
7processing or network hardware, software, communication, or
8related systems under this chapter. In addition to a work
9history and financial review, a full background investigation
10may include a national criminal history check through the
11federal bureau of investigation. The screening of employees
12through the federal bureau of investigation shall be conducted
13by submission of fingerprints through the state criminal
14history repository to the federal bureau of investigation. The
15results of background investigations conducted pursuant to this
16section shall not be considered public records under chapter
1722.
184. A person who has been convicted of a felony or bookmaking
19or other form of illegal gambling or of a crime involving moral
20turpitude shall not be employed by the department under this
21chapter.
225. The department shall bond employees with access to Iowa
23lottery funds or lottery revenue under this chapter in such
24an amount as provided by the department and may bond other
25employees under this chapter as deemed necessary.
26 Sec. 2319. Section 99G.11, subsections 1, 2, and 3, Code
272023, are amended to read as follows:
281. A member of the board, any officer, or other employee
29of the authority division shall not directly or indirectly,
30individually, as a member of a partnership or other
31association, or as a shareholder, director, or officer of a
32corporation have an interest in a business that contracts for
33the operation or marketing of the lottery as authorized by this
34chapter, unless the business is controlled or operated by a
35consortium of lotteries in which the authority division has an
-1284-1interest.
22. Notwithstanding the provisions of chapter 68B, a
3person contracting or seeking to contract with the state to
4supply gaming equipment or materials for use in the operation
5of the lottery, an applicant for a license to sell tickets
6or shares in the lottery, or a retailer shall not offer a
7member of the board, any officer, or other employee of the
8authority division, or a member of their immediate family a
9gift, gratuity, or other thing having a value of more than the
10limits established in chapter 68B, other than food and beverage
11consumed at a meal. For purposes of this subsection, “member
12of their immediate family” means a spouse, child, stepchild,
13brother, brother-in-law, stepbrother, sister, sister-in-law,
14stepsister, parent, parent-in-law, or step-parent of the board
15member, the officer, or other employee who resides in the same
16household in the same principal residence of the board member,
17officer, or other employee.
183. If a board member, officer, or other employee of the
19authority division violates a provision of this section, the
20board member, officer, or employee shall be immediately removed
21from the office or position.
22 Sec. 2320. Section 99G.12, subsection 2, paragraphs a and b,
23Code 2023, are amended to read as follows:
24a. The self-service kiosk shall be owned or leased by the
25authority department.
26b. The self-service kiosk shall only be located in a retail
27location licensed by the authority division pursuant to this
28chapter. The authority division shall determine, in its sole
29discretion, the placement of the self-service kiosk.
30 Sec. 2321. Section 99G.21, subsections 1, 3, 4, and 5, Code
312023, are amended to read as follows:
321. Funds of the state shall not be used or obligated to pay
33the expenses or prizes of the authority department under this
34chapter.
353. Notwithstanding any other provision of law, any
-1285-1purchase of real property and any borrowing of more than one
2million dollars by the authority department for purposes of
3this chapter shall require written notice from the authority
4 department to the general assembly’s standing committees on
5government oversight and the prior approval of the executive
6council.
74. The powers enumerated in this section are cumulative of
8and in addition to those powers enumerated elsewhere in this
9chapter and no such powers limit or restrict any other powers
10of the authority department under this chapter.
115. Departments, boards, commissions, or other agencies of
12this state shall provide reasonable assistance and services to
13the authority department for purposes of this chapter upon the
14request of the chief executive officer director.
15 Sec. 2322. Section 99G.21, subsection 2, unnumbered
16paragraph 1, Code 2023, is amended to read as follows:
17The authority shall have any and all powers necessary
18or convenient to carry out and effectuate department, in
19carrying out the purposes and provisions of this chapter which
20are not in conflict with the Constitution of the State of
21Iowa, including, but without limiting the generality of the
22foregoing, shall have the following powers:
23 Sec. 2323. Section 99G.21, subsection 2, paragraphs h, i, l,
24p, and q, Code 2023, are amended by striking the paragraphs.
25 Sec. 2324. Section 99G.22, subsections 1, 3, 4, and 6, Code
262023, are amended to read as follows:
271. The authority department shall investigate the financial
28responsibility, security, and integrity of any lottery system
29vendor who is a finalist in submitting a bid, proposal, or
30offer as part of a major procurement contract. Before a major
31 procurement contract is awarded, the division of criminal
32investigation of the department of public safety shall conduct
33a background investigation of the vendor to whom the contract
34is to be awarded. The chief executive officer and board
35 administrator shall consult with the division of criminal
-1286-1investigation and shall provide for the scope of the background
2investigation and due diligence to be conducted in connection
3with major procurement contracts. At the time of submitting
4a bid, proposal, or offer to the authority department on a
5major procurement contract, the authority shall require that
6 each vendor shall be required to submit to the division of
7criminal investigation appropriate investigation authorization
8to facilitate this investigation, together with an advance
9of funds to meet the anticipated investigation costs. If
10the division of criminal investigation determines that
11additional funds are required to complete an investigation,
12the vendor will be so advised. The background investigation
13by the division of criminal investigation may include a
14national criminal history check through the federal bureau of
15investigation. The screening of vendors or their employees
16through the federal bureau of investigation shall be conducted
17by submission of fingerprints through the state criminal
18history repository to the federal bureau of investigation.
193. A major procurement contract shall not be entered into
20with any lottery system vendor who has not complied with
21the disclosure requirements described in this section, and
22anycontract with such a vendor is voidable at the option
23of the authority. Any contract with a vendor that does not
24comply with the requirements for periodically updating such
25disclosures during the tenure of the contract as may be
26specified in such contract may be terminated by the authority.
27The provisions of this section shall be construed broadly
28and liberally to achieve the ends of full disclosure of
29all information necessary to allow for a full and complete
30evaluation by the authority department of the competence,
31integrity, background, and character of vendors for major
32 procurements.
334. A major procurement contract shall not be entered into
34with any vendor who has been found guilty of a felony related
35to the security or integrity of the lottery in this or any
-1287-1other jurisdiction.
26. If, based on the results of a background investigation,
3the board department determines that the best interests of
4the authority department, including but not limited to the
5authority’s department’s reputation for integrity, would be
6served thereby, the board department may disqualify a potential
7vendor from contracting with the authority department for a
8major procurement contract or from acting as a subcontractor in
9connection with a contract for a major procurement contract.
10 Sec. 2325. Section 99G.22, subsection 5, Code 2023, is
11amended by striking the subsection.
12 Sec. 2326. Section 99G.23, Code 2023, is amended to read as
13follows:
1499G.23 Vendor bonding, and tax filing, and competitive
15bidding.
161. The authority may purchase, lease, or lease-purchase
17such goods or services as are necessary for effectuating the
18purposes of this chapter. The authority division may make
19procurements that integrate functions such as lottery game
20design, lottery ticket distribution to retailers, supply of
21goods and services, and advertising. In all procurement
22decisions under this chapter, the authority division shall
23take into account the particularly sensitive nature of the
24lottery and shall act to promote and ensure security, honesty,
25fairness, and integrity in the operation and administration
26of the lottery and the objectives of raising net proceeds for
27state programs.
282. Each vendor shall, at the execution of the contract
29with the authority division, post a performance bond or letter
30of credit from a bank or credit provider acceptable to the
31authority division in an amount as deemed necessary by the
32authority division for that particular bid or contract.
333. Each vendor shall be qualified to do business in this
34state and shall file appropriate tax returns as provided by the
35laws of this state.
-1288- 14. All major procurement contracts must be competitively
2bid pursuant to policies and procedures approved by the board
3unless there is only one qualified vendor and that vendor has
4an exclusive right to offer the service or product.
5 Sec. 2327. Section 99G.24, Code 2023, is amended to read as
6follows:
799G.24 Retailer compensation — licensing.
81. The general assembly recognizes that to conduct a
9successful lottery, the authority department must develop and
10maintain a statewide network of lottery retailers that will
11serve the public convenience and promote the sale of tickets
12or shares and the playing of lottery games while ensuring the
13integrity of the lottery operations, games, and activities.
142. The board shall determine the compensation to be paid
15to licensed retailers. Compensation may include provision
16for variable payments based on sales volume or incentive
17considerations.
183. The authority department shall issue a license
19certificate to each person with whom it contracts as a retailer
20for purposes of display as provided in this section. Every
21lottery retailer shall post its license certificate, or a
22facsimile thereof, and keep it conspicuously displayed in a
23location on the premises accessible to the public. No license
24shall be assignable or transferable. Once issued, a license
25shall remain in effect until canceled, suspended, or terminated
26by the authority department.
274. A licensee under this section shall cooperate with the
28authority department by using point-of-purchase materials,
29posters, and other marketing material when requested to do so
30by the authority department. Lack of cooperation is sufficient
31cause for revocation of a retailer’s license.
325. The board shall develop a list of objective criteria upon
33which the qualification of lottery retailers shall be based.
34Separate criteria shall be developed to govern the selection
35of retailers of instant tickets and on-line retailers. In
-1289-1developing these criteria, the board shall consider such
2factors as the applicant’s financial responsibility, security
3of the applicant’s place of business or activity, accessibility
4to the public, integrity, and reputation. The criteria shall
5include but not be limited to the volume of expected sales
6and the sufficiency of existing licensees to serve the public
7convenience.
86. The applicant shall be current in filing all applicable
9tax returns to the state of Iowa and in payment of all taxes,
10interest, and penalties owed to the state of Iowa, excluding
11items under formal appeal pursuant to applicable statutes. The
12department of revenue is authorized and directed to provide
13this information to the authority those employees of the
14division designated to receive this information.
157. A person, partnership, unincorporated association,
16authority, or other business entity shall not be selected as
17a lottery retailer if the person or entity meets any of the
18following conditions:
19a. Has been convicted of a criminal offense related to
20the security or integrity of the lottery in this or any other
21jurisdiction.
22b. Has been convicted of any illegal gambling activity,
23false statements, perjury, fraud, or a felony in this or any
24other jurisdiction.
25c. Has been found to have violated the provisions of
26this chapter or any regulation, policy, or procedure of
27the authority or of the lottery division unless either ten
28years have passed since the violation or the board finds the
29violation both minor and unintentional in nature.
30d. Is a vendor or any employee or agent of any vendor doing
31business with the authority department under this chapter or
32the division.
33e. Resides in the same household as an officer of the
34authority division.
35f. Is less than eighteen years of age.
-1290- 1g. Does not demonstrate financial responsibility sufficient
2to adequately meet the requirements of the proposed enterprise.
3h. Has not demonstrated that the applicant is the true
4owner of the business proposed to be licensed and that all
5persons holding at least a ten percent ownership interest in
6the applicant’s business have been disclosed.
7i. Has knowingly made a false statement of material fact to
8the authority department.
98. Persons applying to become lottery retailers may be
10charged a uniform application fee for each lottery outlet.
119. Any lottery retailer contract executed pursuant to
12this section may, for good cause, be suspended, revoked, or
13terminated by the chief executive officer director or the
14chief executive officer’s director’s designee if the retailer
15is found to have violated any provision of this chapter
16or objective criteria established by the board. Cause for
17suspension, revocation, or termination may include, but is not
18limited to, sale of tickets or shares to a person under the
19age of twenty-one and failure to pay for lottery products in a
20timely manner.
21 Sec. 2328. Section 99G.25, Code 2023, is amended to read as
22follows:
2399G.25 License not assignable.
24Any lottery retailer license certificate or contract shall
25not be transferable or assignable. The authority department
26 may issue a temporary license when deemed in the best interests
27of the state. A lottery retailer shall not contract with any
28person for lottery goods or services, except with the approval
29of the board.
30 Sec. 2329. Section 99G.26, Code 2023, is amended to read as
31follows:
3299G.26 Retailer bonding.
33The authority department may require any retailer to post an
34appropriate bond, as determined by the authority department,
35using a cash bond or an insurance company acceptable to the
-1291-1authority department.
2 Sec. 2330. Section 99G.27, Code 2023, is amended to read as
3follows:
499G.27 Lottery retail licenses — cancellation, suspension,
5revocation, or termination.
61. A lottery retail license issued by the authority
7 department pursuant to this chapter may be canceled, suspended,
8revoked, or terminated by the authority department for reasons
9including, but not limited to, any of the following:
10a. A violation of this chapter, a regulation, or a policy or
11procedure of the authority division.
12b. Failure to accurately or timely account or pay for
13lottery products, lottery games, revenues, or prizes as
14required by the authority division.
15c. Commission of any fraud, deceit, or misrepresentation.
16d. Insufficient sales.
17e. Conduct prejudicial to public confidence in the lottery.
18f. The retailer filing for or being placed in bankruptcy or
19receivership.
20g. Any material change as determined in the sole discretion
21of the authority department in any matter considered by
22the authority department in executing the contract with the
23retailer.
24h. Failure to meet any of the objective criteria established
25by the authority division pursuant to this chapter.
26i. Other conduct likely to result in injury to the property,
27revenue, or reputation of the authority department under this
28chapter.
292. A lottery retailer license may be temporarily suspended
30by the authority department without prior notice if the
31chief executive officer director or designee determines that
32further sales by the licensed retailer are likely to result in
33immediate injury to the property, revenue, or reputation of the
34authority department.
353. The board shall adopt administrative rules governing
-1292-1appeals of lottery retailer licensing disputes.
2 Sec. 2331. Section 99G.28, Code 2023, is amended to read as
3follows:
499G.28 Proceeds held in trust.
5All proceeds from the sale of the lottery tickets or shares
6shall constitute a trust fund until paid to the authority
7 division directly, through electronic funds transfer to the
8authority division, or through the authority’s division’s
9 authorized collection representative. A lottery retailer
10and officers of a lottery retailer’s business shall have a
11fiduciary duty to preserve and account for lottery proceeds and
12lottery retailers shall be personally liable for all proceeds.
13Proceeds shall include unsold products received but not paid
14for by a lottery retailer and cash proceeds of the sale of any
15lottery products net of allowable sales commissions and credit
16for lottery prizes paid to winners by lottery retailers. Sales
17proceeds of pull-tab tickets shall include the sales price
18of the lottery product net of allowable sales commission and
19prizes contained in the product. Sales proceeds and unused
20instant tickets shall be delivered to the authority division or
21its authorized collection representative upon demand.
22 Sec. 2332. Section 99G.29, Code 2023, is amended to read as
23follows:
2499G.29 Retailer rental calculations — lottery ticket sales
25treatment.
26If a lottery retailer’s rental payments for the business
27premises are contractually computed, in whole or in part, on
28the basis of a percentage of retail sales and such computation
29of retail sales is not explicitly defined to include sales
30of tickets or shares in a state-operated or state-managed
31lottery, only the compensation received by the lottery retailer
32from the authority department may be considered the amount of
33the lottery retail sale for purposes of computing the rental
34payment.
35 Sec. 2333. Section 99G.30, Code 2023, is amended to read as
-1293-1follows:
299G.30 Ticket sales requirements — penalties.
31. Lottery tickets or shares may be distributed by the
4authority division for promotional purposes.
52. A ticket or share shall not be sold at a price other
6than that fixed by the authority division and a sale shall not
7be made other than by a retailer or an employee of the retailer
8who is authorized by the retailer to sell tickets or shares. A
9person who violates a provision of this subsection is guilty
10of a simple misdemeanor.
113. A ticket or share shall not be sold to a person who has
12not reached the age of twenty-one. Any person who knowingly
13sells a lottery ticket or share to a person under the age
14of twenty-one shall be guilty of a simple misdemeanor. It
15shall be an affirmative defense to a charge of a violation
16under this section that the retailer reasonably and in good
17faith relied upon presentation of proof of age in making the
18sale. A prize won by a person who has not reached the age
19of twenty-one but who purchases a winning ticket or share in
20violation of this subsection shall be forfeited. This section
21does not prohibit the lawful purchase of a ticket or share for
22the purpose of making a gift to a person who has not reached the
23age of twenty-one. The board shall adopt administrative rules
24governing the payment of prizes to persons who have not reached
25the age of twenty-one.
264. Except for the authority department, a retailer shall
27only sell lottery products on the licensed premises and not
28through the mail or by technological means except as the
29authority department may provide or authorize.
305. The retailer may accept payment by cash, check, money
31order, debit card, or electronic funds transfer. The retailer
32shall not extend or arrange credit for the purchase of a ticket
33or share. As used in this subsection, “cash” means United
34States currency.
356. Nothing in this chapter shall be construed to prohibit
-1294-1the authority department from designating certain of its
2agents and employees to sell or give lottery tickets or shares
3directly to the public.
47. No elected official’s name shall be printed on tickets.
5 Sec. 2334. Section 99G.31, subsections 1 and 2, Code 2023,
6are amended to read as follows:
71. The chief executive officer administrator shall award
8the designated prize to the holder of the ticket or share upon
9presentation of the winning ticket or confirmation of a winning
10share. The prize shall be given to only one person as provided
11in this section; however, a prize shall be divided between
12holders of winning tickets if there is more than one winning
13ticket.
142. The authority division shall only pay prizes for lottery
15tickets or shares that the authority department determines were
16legally purchased, legally possessed, and legally presented.
17 Sec. 2335. Section 99G.31, subsection 3, unnumbered
18paragraph 1, Code 2023, is amended to read as follows:
19The authority board shall adopt administrative rules,
20policies, and procedures to establish a system of verifying
21the validity of tickets or shares claimed to win prizes and
22to effect payment of such prizes, subject to the following
23requirements:
24 Sec. 2336. Section 99G.31, subsection 3, paragraphs b, d, f,
25g, h, and i, Code 2023, are amended to read as follows:
26b. A prize shall not be paid arising from claimed tickets
27that are stolen, counterfeit, altered, fraudulent, unissued,
28produced or issued in error, unreadable, not received, or
29not recorded by the authority division within applicable
30deadlines; lacking in captions that conform and agree with the
31play symbols as appropriate to the particular lottery game
32involved; or not in compliance with such additional specific
33administrative rules, policies, and public or confidential
34validation and security tests of the authority division
35 appropriate to the particular lottery game involved.
-1295- 1d. Unclaimed prize money for the prize on a winning ticket
2or share shall be retained for a period deemed appropriate
3by the chief executive officer administrator, subject to
4approval by the board. If a valid claim is not made for the
5money within the applicable period, the unclaimed prize money
6shall be added to the pool from which future prizes are to be
7awarded or used for special prize promotions. Notwithstanding
8this subsection, the disposition of unclaimed prize money from
9multijurisdictional games shall be made in accordance with the
10rules of the multijurisdictional game.
11f. The authority division is discharged of all liability
12upon payment of a prize pursuant to this section.
13g. No ticket or share issued by the authority division
14 shall be purchased by and no prize shall be paid to any member
15of the board of directors; any officer or employee of the
16authority department under this chapter; or to any spouse,
17child, brother, sister, or parent residing as a member of the
18same household in the principal place of residence of any such
19person.
20h. No ticket or share issued by the authority division shall
21be purchased by and no prize shall be paid to any officer,
22employee, agent, or subcontractor of any vendor or to any
23spouse, child, brother, sister, or parent residing as a member
24of the same household in the principal place of residence
25of any such person if such officer, employee, agent, or
26subcontractor has access to confidential information which may
27compromise the integrity of the lottery.
28i. The proceeds of any lottery prize shall be subject to
29state and federal income tax laws. An amount deducted from the
30prize for payment of a state tax, pursuant to section 422.16,
31subsection 1, shall be transferred by the authority to the
32department of revenue on behalf of the prize winner.
33 Sec. 2337. Section 99G.32, Code 2023, is amended to read as
34follows:
3599G.32 Authority Department legal representation — lottery.
-1296- 1The authority department shall retain the services of legal
2counsel to advise the authority department and the board
3under this chapter and to provide representation in legal
4proceedings. The authority department may retain the attorney
5general or a full-time assistant attorney general in that
6capacity and provide reimbursement for the cost of advising and
7representing the board and the authority department.
8 Sec. 2338. Section 99G.33, Code 2023, is amended to read as
9follows:
1099G.33 Law enforcement investigations.
11The department of public safety, division of criminal
12investigation, shall be the primary state agency responsible
13for investigating criminal violations under this chapter.
14The chief executive officer director shall contract with
15the department of public safety for investigative services,
16including the employment of special agents and support
17personnel, and procurement of necessary equipment to carry out
18the responsibilities of the division of criminal investigation
19under the terms of the contract and this chapter.
20 Sec. 2339. Section 99G.34, unnumbered paragraph 1, Code
212023, is amended to read as follows:
22The records of the authority department under this chapter
23 shall be governed by the provisions of chapter 22, provided
24that, in addition to records that may be kept confidential
25pursuant to section 22.7, the following records shall be kept
26confidential, unless otherwise ordered by a court, by the
27lawful custodian of the records, or by another person duly
28authorized to release such information:
29 Sec. 2340. Section 99G.34, subsections 1, 4, and 7, Code
302023, are amended to read as follows:
311. Marketing plans, research data, and proprietary
32intellectual property owned or held by the authority department
33for purposes of this chapter under contractual agreements.
344. Security records pertaining to investigations and
35intelligence-sharing information between lottery security
-1297-1officers and those of other lotteries and law enforcement
2agencies, the security portions or segments of lottery
3requests for proposals, proposals by vendors to conduct
4lottery operations, and records of the security division of
5the authority department under this chapter pertaining to game
6security data, ticket validation tests, and processes.
77. Security reports and other information concerning bids
8or other contractual data, the disclosure of which would impair
9the efforts of the authority department to contract for goods
10or services on favorable terms under this chapter.
11 Sec. 2341. Section 99G.35, Code 2023, is amended to read as
12follows:
1399G.35 Security.
141. The authority’s department’s chief security officer
15and investigators under this chapter shall be qualified by
16training and experience in law enforcement to perform their
17respective duties in support of the activities of the security
18office. The chief security officer and investigators shall not
19have sworn peace officer status. The lottery security office
20shall perform all of the following activities in support of the
21authority mission of the department under this chapter:
22a. Supervise ticket or share validation and lottery
23drawings, provided that the authority department may enter
24into cooperative agreements with multijurisdictional lottery
25administrators for shared security services at drawings and
26game show events involving more than one participating lottery.
27b. Inspect at times determined solely by the authority
28 department the facilities of any vendor or lottery retailer in
29order to determine the integrity of the vendor’s product or the
30operations of the retailer in order to determine whether the
31vendor or the retailer is in compliance with its contract.
32c. Report any suspected violations of this chapter to
33the appropriate county attorney or the attorney general and
34to any law enforcement agencies having jurisdiction over the
35violation.
-1298- 1d. Upon request, provide assistance to any county attorney,
2the attorney general, the department of public safety, or any
3other law enforcement agency.
4e. Upon request, provide assistance to retailers in meeting
5their licensing contract requirements and in detecting retailer
6employee theft.
7f. Monitor authority division operations for compliance with
8internal security requirements.
9g. Provide physical security at the authority’s central
10operations facilities used by the department for purposes of
11this chapter.
12h. Conduct on-press product production surveillance,
13testing, and quality approval for printed scratch and pull-tab
14tickets.
15i. Coordinate employee and retailer background
16investigations conducted by the department of public safety,
17division of criminal investigation.
182. The authority department may enter into
19intelligence-sharing, reciprocal use, or restricted use
20agreements for purposes of this chapter with the federal
21government, law enforcement agencies, lottery regulation
22agencies, and gaming enforcement agencies of other
23jurisdictions which provide for and regulate the use of
24information provided and received pursuant to the agreement.
253. Records, documents, and information in the possession of
26the authority department received under this chapter pursuant
27to an intelligence-sharing, reciprocal use, or restricted
28use agreement entered into by the authority department with
29a federal department or agency, any law enforcement agency,
30or the lottery regulation or gaming enforcement agency of any
31jurisdiction shall be considered investigative records of a law
32enforcement agency and are not subject to chapter 22 and shall
33not be released under any condition without the permission of
34the person or agency providing the record or information.
35 Sec. 2342. Section 99G.36, subsection 5, Code 2023, is
-1299-1amended to read as follows:
25. No person shall knowingly or intentionally make
3a material false statement in any lottery prize claim,
4make a material false statement in any application for a
5license or proposal to conduct lottery activities, or make a
6material false entry in any book or record which is compiled
7or maintained or submitted to the authority or the board
8 department pursuant to the provisions of this chapter. Any
9person who violates the provisions of this subsection shall be
10guilty of a class “D” felony.
11 Sec. 2343. Section 99G.37, Code 2023, is amended by striking
12the section and inserting in lieu thereof the following:
1399G.37 Competitive bidding.
14All procurement contracts under this chapter must be
15competitively bid in accordance with chapter 8A, subchapter
16III, part 2. Procurement contracts shall take into
17consideration the greatest integrity for the Iowa lottery.
18In any bidding process, the services of the department of
19administrative services shall be utilized.
20 Sec. 2344. Section 99G.38, Code 2023, is amended to read as
21follows:
2299G.38 Authority Lottery finance — self-sustaining.
231. The authority department may borrow, or accept and
24expend, in accordance with the provisions of this chapter, such
25moneys as may be received from any source, including income
26from the authority’s department’s operations, for effectuating
27its business purposes under this chapter, including the payment
28of the initial expenses of initiation, administration, and
29operation of the authority department under this chapter and
30the lottery.
312. The authority department as it relates to the lottery
32 shall be self-sustaining and self-funded. Moneys in the
33general fund of the state shall not be used or obligated to pay
34the expenses of the authority department under this chapter
35 or prizes of the lottery, and no claim for the payment of an
-1300-1expense of the lottery or prizes of the lottery may be made
2against any moneys other than moneys credited to the authority
3 department operating account pursuant to this chapter.
43. The state of Iowa offset program, as provided in section
58A.504, shall be available to the authority department to
6facilitate receipt of funds owed to the authority department
7under this chapter.
8 Sec. 2345. Section 99G.39, subsections 1 and 3, Code 2023,
9are amended to read as follows:
101. Upon receipt of any revenue, the chief executive officer
11 director shall deposit the moneys in the lottery fund created
12pursuant to section 99G.40. At least fifty percent of the
13projected annual revenue accruing from the sale of tickets
14or shares shall be allocated for payment of prizes to the
15holders of winning tickets. After the payment of prizes, the
16expenses of conducting the lottery shall be deducted from the
17authority’s department’s revenue under this chapter prior to
18disbursement. Expenses for advertising production and media
19purchases shall not exceed four percent of the authority’s
20 department’s gross revenue under this chapter for the year.
213. Two million five hundred thousand dollars in lottery
22revenues shall be transferred each fiscal year to the veterans
23trust fund established pursuant to section 35A.13 prior to
24deposit of the lottery revenues in the general fund pursuant
25to section 99G.40. However, if the balance of the veterans
26trust fund is fifty million dollars or more, the moneys shall
27be appropriated to the department of revenue for distribution
28to county directors of veteran affairs, with fifty percent
29of the moneys to be distributed equally to each county and
30fifty percent of the moneys to be distributed to each county
31based upon the population of veterans in the county, so long
32as the moneys distributed to a county do not supplant moneys
33appropriated by that county for the county director of veteran
34affairs.
35 Sec. 2346. Section 99G.39, subsection 6, paragraph b, Code
-1301-12023, is amended to read as follows:
2b. The treasurer of state shall, each quarter, prepare
3an estimate of the gaming revenues and lottery revenues that
4will become available during the remainder of the appropriate
5fiscal year for the purposes described in paragraph “a”. The
6department of management and the department of revenue shall
7take appropriate actions to provide that the amount of gaming
8revenues and lottery revenues that will be available during the
9remainder of the appropriate fiscal year is sufficient to cover
10any anticipated deficiencies.
11 Sec. 2347. Section 99G.40, Code 2023, is amended to read as
12follows:
1399G.40 Audits and reports — lottery fund.
141. To ensure the financial integrity of the lottery, the
15authority department shall do all of the following:
16a. Submit quarterly and annual reports to the governor,
17state auditor, and the general assembly disclosing the total
18lottery revenues, prize disbursements, and other expenses
19of the authority department under this chapter during the
20reporting period. The fourth quarter report shall be included
21in the annual report made pursuant to this section. The annual
22report shall include a complete statement of lottery revenues,
23prize disbursements, and other expenses, and recommendations
24for changes in the law that the chief executive officer
25 director deems necessary or desirable for purposes of this
26chapter. The annual report shall be submitted within one
27hundred twenty days after the close of the fiscal year. The
28chief executive officer director shall report immediately to
29the governor, the treasurer of state, and the general assembly
30any matters that require immediate changes in the law in order
31to prevent abuses or evasions of this chapter or rules adopted
32or to rectify undesirable conditions in connection with the
33administration or operation of the lottery.
34b. Maintain weekly or more frequent records of lottery
35transactions, including the distribution of tickets or shares
-1302-1to retailers, revenues received, claims for prizes, prizes
2paid, prizes forfeited, and other financial transactions of the
3authority department under this chapter.
4c. The authority department shall deposit in the lottery
5fund created in subsection 2 any moneys received by retailers
6from the sale of tickets or shares less the amount of any
7compensation due the retailers. The chief executive officer
8 director may require licensees to file with the authority
9 department reports of receipts and transactions in the sale
10of tickets or shares. The reports shall be in the form and
11contain the information the chief executive officer director
12 requires.
132. A lottery fund is created in the office of the treasurer
14of state and shall exist as the recipient fund for authority
15 department receipts under this chapter. The fund consists
16of all revenues received from the sale of lottery tickets or
17shares and all other moneys lawfully credited or transferred
18to the fund. The chief executive officer director shall
19certify quarterly that portion of the fund that has been
20transferred to the general fund of the state under this chapter
21and shall cause that portion to be transferred to the general
22fund of the state. However, upon the request of the chief
23executive officer director and subject to the approval by
24the treasurer of state, an amount sufficient to cover the
25foreseeable administrative expenses of the lottery for a period
26of twenty-one days may be retained from the lottery fund.
27Prior to the quarterly transfer to the general fund of the
28state, the chief executive officer director may direct that
29lottery revenue shall be deposited in the lottery fund and in
30interest-bearing accounts designated by the treasurer of state.
31Interest or earnings paid on the deposits or investments is
32considered lottery revenue and shall be transferred to the
33general fund of the state in the same manner as other lottery
34revenue.
353. The chief executive officer director shall certify
-1303-1before the last day of the month following each quarter
2that portion of the lottery fund resulting from the previous
3quarter’s sales to be transferred to the general fund of the
4state.
54. For informational purposes only, the chief executive
6officer shall submit to the department of management by October
71 of each year a proposed operating budget for the authority
8for the succeeding fiscal year. This budget proposal shall
9also be accompanied by an estimate of the net proceeds to
10be deposited into the general fund during the succeeding
11fiscal year. This budget shall be on forms prescribed by the
12department of management. A copy of the information required
13to be submitted to the department of management pursuant to
14this subsection shall be submitted to the general assembly’s
15standing committees on government oversight and the legislative
16services agency by October 1 of each year.
175. 4. The authority shall adopt the same fiscal year
18as that used by state government and activities of the
19division shall be audited annually as part of the audit of
20the department by the auditor of state or a certified public
21accounting firm appointed by the auditor. The auditor of state
22or a designee conducting an audit of the activities of the
23division under this chapter shall have access and authority to
24examine any and all records of licensees necessary to determine
25compliance with this chapter and the rules adopted pursuant to
26this chapter. The cost of audits and examinations conducted
27by the auditor of state or a designee shall be paid for by the
28authority as provided in chapter 11.
29 Sec. 2348. Section 99G.41, Code 2023, is amended to read as
30follows:
3199G.41 Prize offsets — garnishments.
321. Any claimant agency may submit to the authority
33 department a list of the names of all persons indebted to such
34claimant agency or to persons on whose behalf the claimant
35agency is acting. The full amount of the debt shall be
-1304-1collectible from any lottery winnings due the debtor without
2regard to limitations on the amounts that may be collectible
3in increments through garnishment or other proceedings. Such
4list shall constitute a valid lien upon and claim of lien
5against the lottery winnings of any debtor named in such list.
6The list shall contain the names of the debtors, their social
7security numbers if available, and any other information that
8assists the authority department in identifying the debtors
9named in the list.
102. The authority department is authorized and directed
11to withhold any winnings paid out directly by the authority
12 department subject to the lien created by this section and
13send notice to the winner. However, if the winner appears
14and claims winnings in person, the authority department shall
15notify the winner at that time by hand delivery of such action.
16The authority department shall pay the funds over to the agency
17administering the offset program.
183. Notwithstanding the provisions of section 99G.34
19which prohibit disclosure by the authority department of
20certain portions of the contents of prize winner records or
21information, and notwithstanding any other confidentiality
22statute, the authority department may provide to a claimant
23agency all information necessary to accomplish and effectuate
24the intent of this section.
254. The information obtained by a claimant agency from
26the authority department in accordance with this section
27shall retain its confidentiality and shall only be used by a
28claimant agency in the pursuit of its debt collection duties
29and practices. Any employee or prior employee of any claimant
30agency who unlawfully discloses any such information for any
31other purpose, except as otherwise specifically authorized by
32law, shall be subject to the same penalties specified by law
33for unauthorized disclosure of confidential information by
34an agent or employee of the authority department under this
35chapter.
-1305- 15. Except as otherwise provided in this chapter,
2attachments, garnishments, or executions authorized and issued
3pursuant to law shall be withheld if timely served upon the
4authority department.
56. The provisions of this section shall only apply to prizes
6paid directly by the authority department and shall not apply
7to any retailers authorized by the board department to pay
8prizes of up to six hundred dollars after deducting the price
9of the ticket or share.
10 Sec. 2349. Section 99G.42, Code 2023, is amended to read as
11follows:
1299G.42 Compulsive gamblers — treatment program information.
13The authority department shall cooperate with the gambling
14treatment program administered by the Iowa department of public
15 health and human services to incorporate information regarding
16the gambling treatment program and its toll-free telephone
17number in printed materials distributed by the authority
18 department pursuant to this chapter.
19 Sec. 2350. IOWA LOTTERY — TRANSITION PROVISIONS.
201. For purposes of this section, unless the context
21otherwise requires:
22a. “Department” means the department of revenue.
23b. “Iowa lottery authority” means the Iowa lottery
24authority established pursuant to 2003 Iowa Acts, chapter 178,
25section 66.
262. The department shall be the legal successor to the
27Iowa lottery authority and, as such, shall assume all rights,
28privileges, obligations, and responsibilities of the Iowa
29lottery authority. The promulgated rules of the Iowa lottery
30authority shall remain in full force and effect as the rules of
31the department until amended or repealed by the department. In
32addition, the department may continue the security practices
33and procedures utilized by the Iowa lottery authority until
34amended or repealed by the department.
353. At 12:01 a.m.on July 1, 2023, the department shall
-1306-1become the legal successor to the Iowa lottery authority.
24. Personnel of the Iowa lottery authority employed on
3July 1, 2023, shall transition to the department as department
4employees under chapter 99G. The chief executive officer
5of the Iowa lottery authority on July 1, 2023, shall be the
6lottery administrator, as provided in this Act, on that date
7without the requirement to be reappointed by the governor.
85. The department shall function as the legal successor to
9the Iowa lottery authority and shall assume all of the assets
10and obligations of the Iowa lottery authority, and funds of the
11state shall not be used or obligated to pay the expenses or
12prizes of the department or its predecessor, the Iowa lottery
13authority.
146. In order to effect an immediate and efficient transition
15of the lottery from the Iowa lottery authority to the
16department, as soon as practicable, the department shall do all
17of the following:
18a. Take such steps and enter into such agreements as
19the director of the department may determine are necessary
20and proper in order to effect the transfer, assignment, and
21delivery to the department from the Iowa lottery authority
22of all the tangible and intangible assets constituting the
23lottery, including the exclusive right to operate the lottery
24and the assignment to and assumption by the department of all
25agreements, covenants, and obligations of the Iowa lottery
26authority and other agencies of the state, relating to the
27operation and management of the lottery.
28b. Receive as transferee from the Iowa lottery authority all
29of the tangible and intangible assets constituting the lottery
30including, without limitation, the exclusive authorization
31to operate a lottery in the state of Iowa and ownership of
32annuities and bonds purchased prior to the date of transfer and
33held in the name of the Iowa lottery for payment of lottery
34prizes, and shall assume and discharge all of the agreements,
35covenants, and obligations of the Iowa lottery authority
-1307-1entered into and constituting part of the operation and
2management of the lottery. In consideration for such transfer
3and assumption, the department shall transfer to the state all
4net profits of the department under chapter 99G, at such times
5and subject to such financial transfer requirements as are
6provided in this division of this Act.
7alcoholic beverage control
8 Sec. 2351. Section 123.3, subsections 1 and 19, Code 2023,
9are amended by striking the subsections.
10 Sec. 2352. Section 123.3, Code 2023, is amended by adding
11the following new subsections:
12 NEW SUBSECTION. 16A. “Department” means the department of
13revenue.
14 NEW SUBSECTION. 17A. “Director” means the director of the
15department of revenue or the director’s designee.
16 Sec. 2353. Section 123.3, subsections 6, 14, 16, 26, 29, 30,
17and 38, Code 2023, are amended to read as follows:
186. “Application” means a written request for the issuance
19of a permit, license, or certificate that is supported by a
20verified statement of facts and submitted electronically, or in
21a manner prescribed by the administrator director.
2214. “Commercial establishment” means a place of business
23which is at all times equipped with sufficient tables and
24seats to accommodate twenty-five persons at one time, and
25the licensed premises of which conform to the standards and
26specifications of the division department.
2716. “Completed application” means an application where all
28necessary fees have been paid in full, any required bonds have
29been submitted, the applicant has provided all information
30requested by the division department, and the application
31meets the requirements of section 123.92, subsection 2, if
32applicable.
3326. The terms “in accordance with the provisions of this
34chapter”, “pursuant to the provisions of this title”, or similar
35terms shall include all rules and regulations of the division
-1308-1 department adopted to aid in the administration or enforcement
2of those provisions.
329. “Licensed premises” or “premises” means all rooms,
4enclosures, contiguous areas, or places susceptible of precise
5description satisfactory to the administrator director where
6alcoholic beverages, wine, or beer is sold or consumed under
7authority of a retail alcohol license, wine permit, or beer
8permit. A single licensed premises may consist of multiple
9rooms, enclosures, areas, or places if they are wholly within
10the confines of a single building or contiguous grounds.
1130. “Local authority” means the city council of any
12incorporated city in this state, or the county board of
13supervisors of any county in this state, which is empowered by
14this chapter to approve or deny applications for retail alcohol
15licenses; empowered to recommend that such licenses be granted
16and issued by the division department; and empowered to take
17other actions reserved to them by this chapter.
1838. “Permit” or “license” means an express written
19authorization issued by the division department for the
20manufacture or sale, or both, of alcoholic liquor, wine, or
21beer.
22 Sec. 2354. Section 123.3, subsection 40, paragraphs a and d,
23Code 2023, are amended to read as follows:
24a. The person has such financial standing and good
25reputation as will satisfy the administrator director that the
26person will comply with this chapter and all laws, ordinances,
27and regulations applicable to the person’s operations under
28this chapter. However, the administrator director shall not
29require the person to post a bond to meet the requirements of
30this paragraph.
31d. The person has not been convicted of a felony. However,
32if the person’s conviction of a felony occurred more than
33five years before the date of the application for a license
34or permit, and if the person’s rights of citizenship have
35been restored by the governor, the administrator director
-1309-1 may determine that the person is of good moral character
2notwithstanding such conviction.
3 Sec. 2355. Section 123.4, Code 2023, is amended by striking
4the section and inserting in lieu thereof the following:
5123.4 Alcoholic beverage control.
6The department of revenue shall administer and enforce the
7laws of this state concerning alcoholic beverage control.
8 Sec. 2356. Section 123.5, subsection 1, Code 2023, is
9amended to read as follows:
101. An alcoholic beverages commission is created within
11the division department. The commission is composed of five
12members, not more than three of whom shall belong to the same
13political party.
14 Sec. 2357. Section 123.6, Code 2023, is amended to read as
15follows:
16123.6 Commission meetings.
17The commission shall meet on or before July 1 of each year
18for the purpose of selecting one of its members as chairperson
19for the succeeding year. The commission shall otherwise meet
20quarterly or at the call of the chairperson or administrator
21 director or when three members file a written request for a
22meeting. Written notice of the time and place of each meeting
23shall be given to each member of the commission. A majority of
24the commission members shall constitute a quorum.
25 Sec. 2358. Section 123.7, Code 2023, is amended by striking
26the section and inserting in lieu thereof the following:
27123.7 Duties of director.
28The director shall supervise the daily operations of the
29department under this chapter and shall execute the alcoholic
30beverage control policies of the department.
31 Sec. 2359. Section 123.8, Code 2023, is amended to read as
32follows:
33123.8 Duties of commission and administrator.
341. The commission, in addition to the duties specifically
35enumerated in this chapter, shall act as a division
-1310-1 policy-making body under this chapter and serve in an advisory
2capacity to the administrator director and department. The
3administrator shall supervise the daily operations of the
4division and shall execute the policies of the division as
5determined by the commission.
62. The commission may review and affirm, reverse, or amend
7all actions of the administrator director under this chapter,
8including but not limited to the following instances:
9a. Purchases of alcoholic liquor for resale by the division
10 department.
11b. The establishment of wholesale prices of alcoholic
12liquor.
13 Sec. 2360. Section 123.9, unnumbered paragraph 1, Code
142023, is amended to read as follows:
15The administrator director, in executing divisional the
16alcoholic beverage control functions of the department, shall
17have the following duties and powers:
18 Sec. 2361. Section 123.9, subsections 1, 4, and 7, Code
192023, are amended to read as follows:
201. To receive alcoholic liquors on a bailment system for
21resale by the division department in the manner set forth in
22this chapter.
234. To appoint clerks, agents, or other employees required
24for carrying out the provisions of this chapter; to dismiss
25employees for cause; to assign employees to divisions and
26 bureaus as created by the administrator director within the
27division department; and to designate their title, duties, and
28powers. All employees of the division department for purposes
29of this chapter are subject to chapter 8A, subchapter IV,
30unless exempt under section 8A.412.
317. To accept alcoholic liquors ordered delivered to the
32alcoholic beverages division department pursuant to chapter
33809A, and offer for sale and deliver the alcoholic liquors to
34class “E” retail alcohol licensees, unless the administrator
35 director determines that the alcoholic liquors may be
-1311-1adulterated or contaminated. If the administrator director
2 determines that the alcoholic liquors may be adulterated or
3contaminated, the administrator director shall order their
4destruction.
5 Sec. 2362. Section 123.10, unnumbered paragraph 1, Code
62023, is amended to read as follows:
7The administrator director, with the approval of the
8commission and subject to chapter 17A, may adopt rules as
9necessary to carry out this chapter. The administrator’s
10 director’s authority under this chapter extends to, but is not
11limited to, the following:
12 Sec. 2363. Section 123.10, subsections 1, 6, 14, and 15,
13Code 2023, are amended to read as follows:
141. Prescribing the duties of officers, clerks, agents, or
15other employees of the division department under this chapter
16 and regulating their conduct while in the discharge of their
17duties.
186. Providing for the issuance and electronic distribution
19of price lists which show the price to be paid by class
20“E” retail alcohol licensees for each brand, class, or
21variety of liquor kept for sale by the division department,
22providing for the filing or posting of prices charged in sales
23between class “A” beer and class “A” wine permit holders and
24retailers, as provided in this chapter, and establishing or
25controlling the prices based on minimum standards of fill,
26quantity, or alcoholic content for each individual sale of
27alcoholic beverages as deemed necessary for retail or consumer
28protection. However, the division department shall not
29regulate markups, prices, discounts, allowances, or other terms
30of sale at which alcoholic liquor may be purchased by the
31retail public or retail alcohol licensees from class “E” retail
32alcohol licensees or at which wine may be purchased and sold
33by class “A” and retail wine permittees, or change, nullify,
34or vary the terms of an agreement between a holder of a vintner
35certificate of compliance and a class “A” wine permittee.
-1312- 114. Prescribing the uniform fee to be assessed against
2a retail alcohol licensee, except a class “B”, special class
3“B”, or class “E” retail alcohol licensee, to cover the
4administrative costs incurred by the division department
5 resulting from the failure of the licensee to maintain dramshop
6liability insurance coverage pursuant to section 123.92,
7subsection 2, paragraph “a”.
815. Prescribing the uniform fee, not to exceed one hundred
9dollars, to be assessed against a licensee or permittee under
10this chapter for a contested case hearing conducted by the
11division department or by an administrative law judge from
12the department of inspections and appeals which results in
13administrative action taken against the licensee or permittee
14by the division department.
15 Sec. 2364. Section 123.11, Code 2023, is amended to read as
16follows:
17123.11 Compensation and expenses.
18Members of the commission, the administrator director, and
19other employees of the division department shall be allowed
20their actual and necessary expenses while traveling on business
21of the division department under this chapter outside of their
22place of residence, however, an itemized account of such
23expenses shall be verified by the claimant and approved by the
24administrator director. If such account is paid, the same
25shall be filed with the division department and be and remain
26a part of its permanent records. Each member appointed to
27the commission is entitled to receive reimbursement of actual
28expenses incurred while attending meetings. Each member of
29the commission may also be eligible to receive compensation
30as provided in section 7E.6. All expenses and salaries of
31commission members, the administrator director, and other
32employees shall be paid from appropriations for such purposes
33and the division department shall be subject to the budget
34requirements of chapter 8.
35 Sec. 2365. Section 123.12, Code 2023, is amended to read as
-1313-1follows:
2123.12 Exemption from suit.
3No A commission member or officer or employee of the division
4 department shall not be personally liable for damages sustained
5by any person due to the act of such member, officer, or
6employee performed in the reasonable discharge of the member’s,
7officer’s, or employee’s duties as enumerated in this chapter.
8 Sec. 2366. Section 123.13, Code 2023, is amended to read as
9follows:
10123.13 Prohibitions on commission members and employees.
111. Commission members, officers, and employees of the
12division department under this chapter shall not, while holding
13such office or position, do any of the following:
14a. Hold any other office or position under the laws of this
15state, or any other state or territory or of the United States.
16b. Engage in any occupation, business, endeavor, or activity
17which would or does conflict with their duties under this
18chapter.
19c. Directly or indirectly, use their office or employment
20to influence, persuade, or induce any other officer, employee,
21or person to adopt their political views or to favor any
22particular candidate for an elective or appointive public
23office.
24d. Directly or indirectly, solicit or accept, in any manner
25or way, any money or other thing of value for any person
26seeking an elective or appointive public office, or to any
27political party or any group of persons seeking to become a
28political party.
292. Except as provided in section 123.5, subsection 3, a
30commission member or division department employee under this
31chapter shall not, directly or indirectly, individually, or as
32a member of a partnership or shareholder in a corporation, have
33any interest in dealing in or in the manufacture of alcoholic
34liquor, wine, or beer, and shall not receive any kind of profit
35nor have any interest in the purchase or sale of alcoholic
-1314-1liquor, wine, or beer by persons so authorized under this
2chapter. However, this subsection does not prohibit any member
3or employee from lawfully purchasing and keeping alcoholic
4liquor, wine, or beer in the member’s or employee’s possession
5for personal use.
63. Any officer or employee violating this section or any
7other provisions of this chapter shall, in addition to any
8other penalties provided by law, be subject to suspension or
9discharge from employment. Any commission member shall, in
10addition to any other penalties provided by law, be subject to
11removal from office as provided by chapter 66.
12 Sec. 2367. Section 123.14, Code 2023, is amended to read as
13follows:
14123.14 Alcoholic beverage control law enforcement.
151. The department of public safety is the primary alcoholic
16beverage control law enforcement authority for this state.
172. The county attorney, the county sheriff and the sheriff’s
18deputies, and the police department of every city, and the
19alcoholic beverages division of the department of commerce,
20shall be supplementary aids to the department of public safety
21for purposes of alcoholic beverage control law enforcement.
22Any neglect, misfeasance, or malfeasance shown by any peace
23officer included in this section shall be sufficient cause
24for the peace officer’s removal as provided by law. This
25section shall not be construed to affect the duties and
26responsibilities of any county attorney or peace officer with
27respect to law enforcement.
283. The department of public safety shall have full access
29to all records, reports, audits, tax reports and all other
30documents and papers in the alcoholic beverages division
31 department pertaining to liquor licensees and wine and beer
32permittees and their business.
33 Sec. 2368. Section 123.16, unnumbered paragraph 1, Code
342023, is amended to read as follows:
35The commission department shall cause to be prepared an
-1315-1annual report to the governor of the state, ending with June 30
2of each fiscal year, on the operation and financial position of
3the division department under this chapter for the preceding
4fiscal year. The report shall include but is not limited to
5the following information:
6 Sec. 2369. Section 123.16, subsections 1 and 7, Code 2023,
7are amended to read as follows:
81. Amount of profit or loss from division department
9 operations under this chapter.
107. Amount of fees paid to the division department from
11retail alcohol licenses, wine permits, and beer permits, in
12gross, and the amount of retail alcohol license fees returned
13to local subdivisions of government as provided under this
14chapter.
15 Sec. 2370. Section 123.17, Code 2023, is amended to read as
16follows:
17123.17 Beer and liquor control fund — allocations to
18substance abuse programs — use of civil penalties.
191. There shall be established within the office of
20the treasurer of state a fund to be known as the beer and
21liquor control fund. The fund shall consist of any moneys
22appropriated by the general assembly for deposit in the fund
23and moneys received from the sale of alcoholic liquors by the
24division department, from the issuance of permits and licenses,
25and of moneys and receipts received by the division department
26 from any other source under this chapter.
272. a. The director of the department of administrative
28services shall periodically transfer from the beer and liquor
29control fund to the general fund of the state those revenues
30of the division department which are not necessary for the
31purchase of liquor for resale by the division department,
32or for remittances to local authorities or other sources as
33required by this chapter, or for other obligations and expenses
34of the division department which are paid from such fund.
35b. All moneys received by the division department from
-1316-1the issuance of vintner’s certificates of compliance and wine
2permits shall be transferred by the director of the department
3of administrative services to the general fund of the state.
43. Notwithstanding subsection 2, if gaming revenues under
5sections 99D.17 and 99F.11 are insufficient in a fiscal year to
6meet the total amount of such revenues directed to be deposited
7in the revenue bonds debt service fund and the revenue bonds
8federal subsidy holdback fund during the fiscal year pursuant
9to section 8.57, subsection 5, paragraph “e”, the difference
10shall be paid from moneys deposited in the beer and liquor
11control fund prior to transfer of such moneys to the general
12fund pursuant to subsection 2 and prior to the transfer of such
13moneys pursuant to subsections 5 and 6. If moneys deposited in
14the beer and liquor control fund are insufficient during the
15fiscal year to pay the difference, the remaining difference
16shall be paid from moneys deposited in the beer and liquor
17control fund in subsequent fiscal years as such moneys become
18available.
194. The treasurer of state shall, each quarter, prepare
20an estimate of the gaming revenues and of the moneys to be
21deposited in the beer and liquor control fund that will become
22available during the remainder of the appropriate fiscal year
23for the purposes described in subsection 3. The department
24of management, the department of inspections and appeals, and
25the department of commerce shall take appropriate actions to
26provide that the sum of the amount of gaming revenues available
27to be deposited into the revenue bonds debt service fund and
28the revenue bonds federal subsidy holdback fund during a fiscal
29year and the amount of moneys to be deposited in the beer and
30liquor control fund available to be deposited into the revenue
31bonds debt service fund and the revenue bonds federal subsidy
32holdback fund during such fiscal year will be sufficient to
33cover any anticipated deficiencies.
345. After any transfer provided for in subsection 3 is
35made, the department of commerce shall transfer into a special
-1317-1revenue account in the general fund of the state, a sum of
2money at least equal to seven percent of the gross amount
3of sales made by the division department from the beer and
4liquor control fund on a monthly basis but not less than nine
5million dollars annually. Of the amounts transferred, two
6million dollars, plus an additional amount determined by the
7general assembly, shall be appropriated to the Iowa department
8of public health for use by the staff who administer the
9comprehensive substance abuse program under chapter 125 for
10substance abuse treatment and prevention programs. Any amounts
11received in excess of the amounts appropriated to the Iowa
12department of public health for use by the staff who administer
13the comprehensive substance abuse program under chapter 125
14shall be considered part of the general fund balance.
156. After any transfers provided for in subsections 3 and
165, the department of commerce shall receive a transfer to the
17division from the beer and liquor control fund and before any
18other transfer to the general fund, an amount sufficient to pay
19the costs incurred by the division department for collecting
20and properly disposing of the liquor containers.
217. After any transfers provided for in subsections 3, 5,
22and 6, and before any other transfer to the general fund,
23the department of commerce shall transfer to the economic
24development authority from the beer and liquor control fund
25two million dollars annually for statewide tourism marketing
26services and efforts pursuant to section 15.275.
278. After any transfers provided for in subsections 3, 5, 6,
28and 7, and before any other transfer to the general fund, the
29department of commerce shall transfer from the beer and liquor
30control fund one million dollars to the Iowa department of
31public health for distribution pursuant to section 125.59.
329. Civil penalties imposed and collected by the division
33 department under this chapter shall be credited to the general
34fund of the state. The moneys from the civil penalties shall
35be used by the division department, subject to appropriation by
-1318-1the general assembly, for the purposes of providing educational
2programs, information and publications for alcoholic
3beverage licensees and permittees, local authorities, and law
4enforcement agencies regarding the laws and rules which govern
5the alcoholic beverages industry, and for promoting compliance
6with alcoholic beverage laws and rules.
7 Sec. 2371. Section 123.18, Code 2023, is amended to read as
8follows:
9123.18 Appropriations.
10Division Department appropriations for purposes of this
11chapter shall be paid by the treasurer of state upon the orders
12of the administrator director, in such amounts and at such
13times as the administrator director deems necessary to carry on
14operations in accordance with the terms of this chapter.
15 Sec. 2372. Section 123.22, subsection 1, Code 2023, is
16amended to read as follows:
171. The division department has the exclusive right of
18importation into the state of all forms of alcoholic liquor,
19except as otherwise provided in this chapter, and a person
20shall not import alcoholic liquor, except that an individual of
21legal age may import and have in the individual’s possession
22an amount of alcoholic liquor not exceeding nine liters per
23calendar month that the individual personally obtained outside
24the state. Alcoholic liquor imported by an individual pursuant
25to this subsection shall be for personal consumption only in
26a private home or other private accommodation. A distillery
27shall not sell alcoholic liquor within the state to any person
28but only to the division department, except as otherwise
29provided in this chapter. This section vests in the division
30 department exclusive control within the state as purchaser of
31all alcoholic liquor sold by distilleries within the state
32or imported, except beer and wine, and except as otherwise
33provided in this chapter. The division department shall
34receive alcoholic liquor on a bailment system for resale by the
35division department in the manner set forth in this chapter.
-1319-1The division department shall act as the sole wholesaler of
2alcoholic liquor to class “E” retail alcohol licensees.
3 Sec. 2373. Section 123.23, subsections 1, 2, 3, and 5, Code
42023, are amended to read as follows:
51. Any manufacturer, distiller, or importer of alcoholic
6liquors shipping, selling, or having alcoholic liquors brought
7into this state for resale by the state shall, as a condition
8precedent to the privilege of so trafficking in alcoholic
9liquors in this state, annually make application for and hold
10a distiller’s certificate of compliance which shall be issued
11by the administrator director for that purpose. No brand of
12alcoholic liquor shall be sold by the division department
13 in this state unless the manufacturer, distiller, importer,
14and all other persons participating in the distribution of
15that brand in this state have obtained a certificate. The
16certificate of compliance shall expire at the end of one year
17from the date of issuance and shall be renewed for a like
18period upon application to the administrator director unless
19otherwise suspended or revoked for cause. Each completed
20application for a certificate of compliance or renewal shall
21be submitted electronically, or in a manner prescribed by the
22administrator director, and shall be accompanied by a fee
23of two hundred dollars payable to the division department.
24However, this subsection need not apply to a manufacturer,
25distiller, or importer who ships or sells in this state no more
26than eleven gallons or its case equivalent during any fiscal
27year as a result of “special orders” which might be placed, as
28defined and allowed by divisional departmental rules adopted
29under this chapter.
302. At the time of applying for a certificate of compliance,
31each applicant shall submit to the division department
32 electronically, or in a manner prescribed by the administrator
33 director, the name and address of its authorized agent
34for service of process which shall remain effective until
35changed for another, and a list of names and addresses of all
-1320-1representatives, employees, or attorneys whom the applicant has
2appointed in the state of Iowa to represent it for any purpose.
3The listing shall be amended by the certificate holder as
4necessary to keep the listing current with the division
5 department.
63. The administrator director and the attorney general
7are authorized to require any certificate holder or person
8listed as the certificate holder’s representative, employee,
9or attorney to disclose such financial and other records and
10transactions as may be considered relevant in discovering
11violations of this chapter or of rules and regulations of
12the division department under this chapter or of any other
13provision of law by any person.
145. This section shall not require the listing of those
15persons who are employed on premises where alcoholic liquors
16are manufactured, processed, bottled, or packaged in Iowa or
17persons who are thereafter engaged in the transporting of such
18alcoholic liquors to the division department.
19 Sec. 2374. Section 123.24, Code 2023, is amended to read as
20follows:
21123.24 Alcoholic liquor sales by the division department —
22dishonored payments — liquor prices.
231. The division department shall sell alcoholic liquor at
24wholesale only. The division department shall sell alcoholic
25liquor to class “E” retail alcohol licensees only. The
26division department shall offer the same price on alcoholic
27liquor to all class “E” retail alcohol licensees without regard
28for the quantity of purchase or the distance for delivery.
292. The price of alcoholic liquor sold by the division
30 department shall consist of the following:
31a. The manufacturer’s price.
32b. A markup of up to fifty percent of the wholesale price
33paid by the division department for the alcoholic liquor.
34The division department may increase the markup on selected
35kinds of alcoholic liquor sold by the division department if
-1321-1the average return to the division department on all sales of
2alcoholic liquor does not exceed the wholesale price paid by
3the division department and the fifty percent markup.
4c. A split case charge in an amount determined by the
5division department when alcoholic liquor is sold in quantities
6which require a case to be split.
7d. A bottle surcharge in an amount sufficient, when added to
8the amount not refunded to class “E” retail alcohol licensees
9pursuant to section 455C.2, to pay the costs incurred by the
10division department for collecting and properly disposing of
11the liquor containers. The amount collected pursuant to this
12paragraph, in addition to any amounts not refunded to class “E”
13retail alcohol licensees pursuant to section 455C.2, shall be
14deposited in the beer and liquor control fund established under
15section 123.17.
163. a. The division department may accept from a class
17“E” retail alcohol licensee electronic funds transferred by
18automated clearing house, wire transfer, or another method
19deemed acceptable by the administrator director, in payment of
20alcoholic liquor. If a payment is subsequently dishonored,
21the division department shall cause a notice of nonpayment
22and penalty to be served upon the class “E” retail alcohol
23licensee or upon any person in charge of the licensed premises.
24The notice shall state that if payment or satisfaction for
25the dishonored payment is not made within ten days of the
26service of notice, the licensee’s retail alcohol license may
27be suspended under section 123.39. The notice of nonpayment
28and penalty shall be in a form prescribed by the administrator
29 director, and shall be sent by certified mail.
30b. If upon notice and hearing under section 123.39 and
31pursuant to the provisions of chapter 17A concerning a
32contested case hearing, the administrator director determines
33that the class “E” retail alcohol licensee failed to satisfy
34the obligation for which the payment was issued within ten days
35after the notice of nonpayment and penalty was served on the
-1322-1licensee as provided in paragraph “a” of this subsection, the
2administrator director may suspend the licensee’s class “E”
3retail alcohol license for a period not to exceed ten days.
44. The administrator director may refuse to sell alcoholic
5liquor to a class “E” retail alcohol licensee who tenders a
6payment which is subsequently dishonored until the outstanding
7obligation is satisfied.
8 Sec. 2375. Section 123.25, Code 2023, is amended to read as
9follows:
10123.25 Consumption on premises.
11An officer, clerk, agent, or employee of the division
12 department employed in a state-owned warehouse under this
13chapter shall not allow any alcoholic beverage to be consumed
14on the premises, nor shall a person consume any alcoholic
15liquor on the premises except for testing or sampling purposes
16only.
17 Sec. 2376. Section 123.26, Code 2023, is amended to read as
18follows:
19123.26 Restrictions on sales — seals — labeling.
20Alcoholic liquor shall not be sold by a class “E” retail
21alcohol licensee except in a sealed container with identifying
22markers as prescribed by the administrator director and affixed
23in the manner prescribed by the administrator director, and no
24such container shall be opened upon the premises of a state
25warehouse. The division department shall cooperate with the
26department of natural resources so that only one identifying
27marker or mark is needed to satisfy the requirements of this
28section and section 455C.5, subsection 1. Possession of
29alcoholic liquors which do not carry the prescribed identifying
30markers is a violation of this chapter except as provided in
31section 123.22.
32 Sec. 2377. Section 123.27, Code 2023, is amended to read as
33follows:
34123.27 Sales and deliveries prohibited.
35It is unlawful to transact the sale or delivery of alcoholic
-1323-1liquor in, on, or from the premises of a state warehouse:
21. After the closing hour as established by the
3administrator director.
42. On any legal holiday except those designated by the
5administrator director.
63. During other periods or days as designated by the
7administrator director.
8 Sec. 2378. Section 123.28, subsections 1 and 2, Code 2023,
9are amended to read as follows:
101. It is lawful to transport, carry, or convey alcoholic
11liquors from the place of purchase by the division department
12 to a state warehouse or depot established by the division
13 department or from one such place to another and, when so
14permitted by this chapter, it is lawful for the division
15 department, a common carrier, or other person to transport,
16carry, or convey alcoholic liquor sold from a state warehouse,
17depot, or point of purchase by the state to any place to which
18the liquor may be lawfully delivered under this chapter.
192. The division department shall deliver alcoholic liquor
20purchased by class “E” retail alcohol licensees. Class “E”
21retail alcohol licensees may deliver alcoholic liquor purchased
22by class “C”, class “D”, or class “F” retail alcohol licensees,
23and class “C”, class “D”, or class “F” retail alcohol licensees
24may transport alcoholic liquor purchased from class “E” retail
25alcohol licensees.
26 Sec. 2379. Section 123.29, subsection 1, Code 2023, is
27amended to read as follows:
281. This chapter does not prohibit the sale of patent and
29proprietary medicines, tinctures, food products, extracts,
30toiletries, perfumes, and similar products, which are not
31susceptible of use as a beverage, but which contain alcoholic
32liquor, wine, or beer as one of their ingredients. These
33products may be sold through ordinary wholesale and retail
34businesses without a license or permit issued by the division
35 department.
-1324-1 Sec. 2380. Section 123.30, subsections 1 and 2, Code 2023,
2are amended to read as follows:
31. a. A retail alcohol license may be issued to any person
4who is of good moral character as defined by this chapter.
5b. As a condition for issuance of a retail alcohol license
6or wine or beer permit, the applicant must give consent
7to members of the fire, police, and health departments
8and the building inspector of cities; the county sheriff
9or deputy sheriff; members of the department of public
10safety; representatives of the division department and of
11the department of inspections and appeals; certified police
12officers; and any official county health officer to enter upon
13areas of the premises where alcoholic beverages are stored,
14served, or sold, without a warrant during business hours of
15the licensee or permittee to inspect for violations of this
16chapter or ordinances and regulations that cities and boards
17of supervisors may adopt. However, a subpoena issued under
18section 421.17 or a warrant is required for inspection of
19private records, a private business office, or attached living
20quarters. Persons who are not certified peace officers shall
21limit the scope of their inspections of licensed premises
22to the regulatory authority under which the inspection is
23conducted. All persons who enter upon a licensed premises to
24conduct an inspection shall present appropriate identification
25to the owner of the establishment or the person who appears
26to be in charge of the establishment prior to commencing
27an inspection; however, this provision does not apply to
28undercover criminal investigations conducted by peace officers.
29c. As a further condition for the issuance of a class “E”
30retail alcohol license, the applicant shall post a bond in
31a sum of not less than five thousand nor more than fifteen
32thousand dollars as determined on a sliding scale established
33by the division department; however, a bond shall not be
34required if all purchases of alcoholic liquor from the division
35 department by the licensee are made by means that ensure that
-1325-1the division department will receive full payment in advance of
2delivery of the alcoholic liquor.
3d. A class “E” retail alcohol license may be issued to a
4city council for premises located within the limits of the city
5if there are no class “E” retail alcohol licensees operating
6within the limits of the city and no other applications for a
7class “E” license for premises located within the limits of
8the city at the time the city council’s application is filed.
9If a class “E” retail alcohol license is subsequently issued
10to a private person for premises located within the limits of
11the city, the city council shall surrender its license to the
12division department within one year of the date that the class
13“E” retail alcohol licensee begins operating, liquidate any
14remaining assets connected with the liquor store, and cease
15operating the liquor store.
162. A retail alcohol license shall not be issued for premises
17which do not constitute a safe and proper place or building
18and which do not conform to all applicable laws, ordinances,
19resolutions, and health and fire regulations. A licensee
20shall not have or maintain any interior access to residential
21or sleeping quarters unless permission is granted by the
22administrator director in the form of a living quarters permit.
23 Sec. 2381. Section 123.30, subsection 3, paragraph d,
24subparagraphs (1) and (5), Code 2023, are amended to read as
25follows:
26(1) A class “E” retail alcohol license may be issued and
27shall authorize the holder to purchase alcoholic liquor in
28original unopened containers from the division department
29 only, wine from a class “A” wine permittee only, and beer from
30a class “A” beer permittee only; to sell alcoholic liquor,
31wine, and beer in original unopened containers at retail to
32patrons for consumption off the licensed premises; and to sell
33alcoholic liquor and high alcoholic content beer at wholesale
34to other retail alcohol licensees, provided the holder has
35filed with the division department a basic permit issued by the
-1326-1alcohol and tobacco tax and trade bureau of the United States
2department of the treasury.
3(5) The division department may issue a class “E” retail
4alcohol license for premises covered by a retail alcohol
5license for on-premises consumption under any of the following
6circumstances:
7(a) If the premises are in a county having a population
8under nine thousand five hundred in which no other class
9“E” retail alcohol license has been issued by the division
10 department, and no other application for a class “E” retail
11alcohol license has been made within the previous twelve
12consecutive months.
13(b) If, notwithstanding any provision of this chapter to the
14contrary, the premises covered by a retail alcohol license is a
15grocery store that is at least five thousand square feet.
16 Sec. 2382. Section 123.31, subsection 1, unnumbered
17paragraph 1, Code 2023, is amended to read as follows:
18A person applying for a retail alcohol license shall submit a
19completed application electronically, or in a manner prescribed
20by the administrator director, which shall set forth under oath
21the following:
22 Sec. 2383. Section 123.31, subsection 1, paragraphs e and g,
23Code 2023, are amended to read as follows:
24e. When required by the administrator director, and in
25such form and containing such information as the administrator
26 director may require, a description of the premises where the
27applicant intends to use the license, to include a sketch or
28drawing of the premises and, if applicable, the number of
29square feet of interior floor space which comprises the retail
30sales area of the premises.
31g. Any other information as required by the administrator
32 director.
33 Sec. 2384. Section 123.31, subsection 2, paragraph d, Code
342023, is amended to read as follows:
35d. That the premises where the applicant intends to use the
-1327-1license conforms to all applicable laws, health regulations,
2and fire regulations, and constitutes a safe and proper place
3or building and that the applicant shall not have or maintain
4any interior access to residential or sleeping quarters unless
5permission is granted by the administrator director in the form
6of a living quarters permit.
7 Sec. 2385. Section 123.31A, subsection 3, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9Subject to the rules of the division department, sales made
10pursuant to this section may be made in a container other
11than the original container only if all of the following
12requirements are met:
13 Sec. 2386. Section 123.31A, subsection 3, paragraph d, Code
142023, is amended to read as follows:
15d. The container to be sold shall be securely sealed
16by a method authorized by the division department that is
17designed so that if the sealed container is reopened or the
18seal tampered with, it is visibly apparent that the seal on the
19container of beer or wine has been tampered with or the sealed
20container has otherwise been reopened.
21 Sec. 2387. Section 123.31A, subsection 4, Code 2023, is
22amended to read as follows:
234. A container of beer or wine other than the original
24container that is sold and sealed in compliance with the
25requirements of subsection 3 and the division’s department’s
26 rules shall not be deemed an open container subject to the
27requirements of sections 321.284 and 321.284A if the sealed
28container is unopened and the seal has not been tampered with,
29and the contents of the container have not been partially
30removed.
31 Sec. 2388. Section 123.32, subsection 1, paragraph b,
32unnumbered paragraph 1, Code 2023, is amended to read as
33follows:
34A completed application for a class “D” retail alcohol
35license and for any of the following certificates, licenses,
-1328-1or permits shall be submitted to the division department
2 electronically, or in a manner prescribed by the administrator
3 director, which shall proceed in the same manner as in the case
4of an application approved by local authorities:
5 Sec. 2389. Section 123.32, subsections 2, 6, 7, 8, and 9,
6Code 2023, are amended to read as follows:
72. Action by local authorities. The local authority
8shall either approve or disapprove the issuance of a retail
9alcohol license, shall endorse its approval or disapproval
10on the application, and shall forward the application with
11the necessary fee and bond, if required, to the division
12 department. There is no limit upon the number of retail
13alcohol licenses which may be approved for issuance by local
14authorities.
156. Action by administrator director.
16a. Upon receipt of an application having been disapproved by
17the local authority, the administrator director shall notify
18the applicant that the applicant may appeal the disapproval of
19the application to the administrator director. The applicant
20shall be notified by certified mail or personal service, and
21the application, the fee, and any bond shall be returned to the
22applicant.
23b. Upon receipt of an application having been approved by
24the local authority, the division department shall make an
25investigation as the administrator director deems necessary to
26determine that the applicant complies with all requirements
27for holding a license, and may require the applicant to appear
28to be examined under oath to demonstrate that the applicant
29complies with all of the requirements to hold a license. If
30the administrator director requires the applicant to appear
31and to testify under oath, a record shall be made of all
32testimony or evidence and the record shall become a part of the
33application. The administrator director may appoint a member
34of the division department or may request an administrative
35law judge of the department of inspections and appeals to
-1329-1receive the testimony under oath and evidence, and to issue a
2proposed decision to approve or disapprove the application for
3a license. The administrator director may affirm, reverse,
4or modify the proposed decision to approve or disapprove the
5application for the license. If the application is approved by
6the administrator director, the license shall be issued. If
7the application is disapproved by the administrator director,
8the applicant shall be so notified by certified mail or
9personal service and the appropriate local authority shall
10be notified electronically, or in a manner prescribed by the
11administrator director.
127. Appeal to administrator director. An applicant for a
13retail alcohol license may appeal from the local authority’s
14disapproval of an application for a license or permit to the
15administrator director. In the appeal the applicant shall
16be allowed the opportunity to demonstrate in an evidentiary
17hearing conducted pursuant to chapter 17A that the applicant
18complies with all of the requirements for holding the license
19or permit. The administrator director may appoint a member of
20the division department or may request an administrative law
21judge from the department of inspections and appeals to conduct
22the evidentiary hearing and to render a proposed decision to
23approve or disapprove the issuance of the license or permit.
24The administrator director may affirm, reverse, or modify the
25proposed decision. If the administrator director determines
26that the applicant complies with all of the requirements
27for holding a license or permit, the administrator director
28 shall order the issuance of the license or permit. If the
29administrator director determines that the applicant does not
30comply with the requirements for holding a license or permit,
31the administrator director shall disapprove the issuance of the
32license or permit.
338. Judicial review. The applicant or the local
34authority may seek judicial review of the action of the
35administrator director in accordance with the terms of the Iowa
-1330-1administrative procedure Act, chapter 17A. Notwithstanding
2the terms of the Iowa administrative procedure Act, chapter
317A, petitions for judicial review may be filed in the
4district court of the county where the premises covered by the
5application are situated.
69. Suspension by local authority. A retail alcohol licensee
7whose license has been suspended or revoked or a civil penalty
8imposed by a local authority for a violation of this chapter
9or suspended by a local authority for violation of a local
10ordinance may appeal the suspension, revocation, or civil
11penalty to the administrator director. The administrator
12 director may appoint a member of the division department or
13may request an administrative law judge from the department
14of inspections and appeals to hear the appeal which shall
15be conducted in accordance with chapter 17A and to issue a
16proposed decision. The administrator director may review the
17proposed decision upon the motion of a party to the appeal or
18upon the administrator’s director’s own motion in accordance
19with chapter 17A. Upon review of the proposed decision, the
20administrator director may affirm, reverse, or modify the
21proposed decision. A retail alcohol licensee or a local
22authority aggrieved by a decision of the administrator director
23 may seek judicial review of the decision pursuant to chapter
2417A.
25 Sec. 2390. Section 123.33, Code 2023, is amended to read as
26follows:
27123.33 Records.
28Every holder of a license or permit under this chapter
29shall maintain records, in printed or electronic format,
30which include income statements, balance sheets, purchase and
31sales invoices, purchase and sales ledgers, and any other
32records as the administrator director may require. The records
33required and the premises of the licensee or permittee shall be
34accessible and open to inspection pursuant to section 123.30,
35subsection 1, during normal business hours of the licensee or
-1331-1permittee.
2 Sec. 2391. Section 123.34, subsection 1, paragraph a, Code
32023, is amended to read as follows:
4a. The administrator director may issue eight-month seasonal
5class “C”, special class “C”, class “D”, and class “F” retail
6alcohol licenses.
7 Sec. 2392. Section 123.34, subsection 2, paragraph a, Code
82023, is amended to read as follows:
9a. The administrator director may issue fourteen-day class
10“C”, special class “C”, class “D”, and class “F” retail alcohol
11licenses.
12 Sec. 2393. Section 123.34, subsection 3, paragraph a, Code
132023, is amended to read as follows:
14a. The administrator director may issue five-day class “C”,
15special class “C”, class “D”, and class “F” retail alcohol
16licenses.
17 Sec. 2394. Section 123.35, subsection 2, unnumbered
18paragraph 1, Code 2023, is amended to read as follows:
19Notwithstanding section 123.31 and any other provision
20of this chapter to the contrary, a class “E” retail alcohol
21license shall automatically renew without the endorsement of
22a local authority or approval by the administrator director
23 upon collection of the annual fee by the division department,
24provided all of the following conditions are met since the
25preceding license was issued:
26 Sec. 2395. Section 123.35, subsection 2, paragraphs a, e,
27and h, Code 2023, are amended to read as follows:
28a. The licensee has given written consent to the division
29 department to have the license automatically renewed as
30provided in this section.
31e. The licensee has not submitted payment for alcoholic
32liquor to the division department that was subsequently
33dishonored.
34h. A local authority has not notified the division
35 department, in a manner established by the division department
-1332-1 and made available to local authorities, that automatic renewal
2should not occur and that further review of the licensee by
3the division department and the applicable local authority is
4warranted.
5 Sec. 2396. Section 123.35, subsection 3, unnumbered
6paragraph 1, Code 2023, is amended to read as follows:
7Notwithstanding sections 123.23, 123.135, 123.180, and any
8other provision of this chapter to the contrary, a distiller’s,
9brewer’s, or vintner’s certificate of compliance shall
10automatically renew without approval by the administrator
11 director upon collection of the annual fee by the division
12 department, provided all of the following conditions are met
13since the preceding certificate was issued:
14 Sec. 2397. Section 123.35, subsection 3, paragraph a, Code
152023, is amended to read as follows:
16a. The certificate holder has given written consent to
17the division department to have the certificate automatically
18renewed as provided in this section.
19 Sec. 2398. Section 123.35, subsection 4, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21Notwithstanding section 123.187 and any other provision of
22this chapter to the contrary, a wine direct shipper’s permit
23shall automatically renew without approval by the administrator
24 director upon collection of the annual fee by the division
25 department, provided all of the following conditions are met
26since the preceding permit was issued:
27 Sec. 2399. Section 123.35, subsection 4, paragraph a, Code
282023, is amended to read as follows:
29a. The permittee has given written consent to the division
30 department to have the permit automatically renewed as provided
31in this section.
32 Sec. 2400. Section 123.36, subsection 1, unnumbered
33paragraph 1, Code 2023, is amended to read as follows:
34The following fees shall be paid to the division department
35 annually for retail alcohol licenses issued under section
-1333-1123.30:
2 Sec. 2401. Section 123.36, subsection 2, Code 2023, is
3amended to read as follows:
42. The division department shall credit all fees to the beer
5and liquor control fund. The division department shall remit
6to the appropriate local authority a sum equal to sixty-five
7percent of the fees collected for each class “B”, class “C”,
8or class “F” license except special class “C” licenses or
9class “E” licenses, covering premises located within the local
10authority’s jurisdiction. The division department shall remit
11to the appropriate local authority a sum equal to seventy-five
12percent of the fees collected for each special class “C”
13license covering premises located within the local authority’s
14jurisdiction. Those fees collected for each class “E” retail
15alcohol license shall be credited to the beer and liquor
16control fund.
17 Sec. 2402. Section 123.37, subsections 2, 3, and 4, Code
182023, are amended to read as follows:
192. The administrator director may compromise and settle
20doubtful and disputed claims for taxes imposed under
21this chapter or for taxes of doubtful collectibility,
22notwithstanding section 7D.9. The administrator director may
23enter into informal settlements pursuant to section 17A.10 to
24compromise and settle doubtful and disputed claims for taxes
25imposed under this chapter. The administrator director may
26make a claim under a licensee’s or permittee’s penal bond for
27taxes of doubtful collectibility. Whenever a compromise or
28settlement is made, the administrator director shall make a
29complete record of the case showing the tax assessed, reports
30and audits, if any, the licensee’s or permittee’s grounds for
31dispute or contest, together with all evidence of the dispute
32or contest, and the amounts, conditions, and settlement or
33compromise of the dispute or contest.
343. A licensee or permittee who disputes the amount of tax
35imposed must pay all tax and penalty pertaining to the disputed
-1334-1tax liability prior to appealing the disputed tax liability to
2the administrator director.
34. The administrator director shall adopt rules
4establishing procedures for payment of disputed taxes imposed
5under this chapter. If it is determined that the tax is not
6due in whole or in part, the division department shall promptly
7refund the part of the tax payment which is determined not to
8be due.
9 Sec. 2403. Section 123.38, subsection 1, Code 2023, is
10amended to read as follows:
111. A retail alcohol license, wine permit, or beer permit
12is a personal privilege and is revocable for cause. It is not
13property nor is it subject to attachment and execution nor
14alienable nor assignable, and it shall cease upon the death
15of the permittee or licensee. However, the administrator of
16the division director may in the administrator’s director’s
17 discretion allow the executor or administrator of the estate of
18a permittee or licensee to operate the business of the decedent
19for a reasonable time not to exceed the expiration date of the
20permit or license. Every permit or license shall be issued in
21the name of the applicant and no person holding a permit or
22license shall allow any other person to use it.
23 Sec. 2404. Section 123.38, subsection 2, paragraph a,
24unnumbered paragraph 1, Code 2023, is amended to read as
25follows:
26Any licensee or permittee, or the executor or administrator
27of the estate of a licensee or permittee, or any person duly
28appointed by the court to take charge of and administer the
29property or assets of the licensee or permittee for the benefit
30of the licensee’s or permittee’s creditors, may voluntarily
31surrender a license or permit to the division department. When
32a license or permit is surrendered, the division department
33 shall notify the local authority, and the division department
34 or the local authority shall refund to the person surrendering
35the license or permit, a proportionate amount of the fee
-1335-1received by the division department or the local authority for
2the license or permit as follows:
3 Sec. 2405. Section 123.38, subsection 2, paragraphs b and c,
4Code 2023, are amended to read as follows:
5b. For purposes of this subsection, any portion of license
6or permit fees used for the purposes authorized in section
7331.424, subsection 1, paragraph “a”, subparagraphs (1) and
8(2), shall not be deemed received either by the division
9 department or by a local authority.
10c. No refund shall be made to any licensee or permittee upon
11the surrender of the license or permit if there is at the time
12of surrender a complaint filed with the division department
13 or local authority charging the licensee or permittee with a
14violation of this chapter.
15 Sec. 2406. Section 123.38, subsection 3, Code 2023, is
16amended to read as follows:
173. The local authority may in its discretion authorize a
18licensee or permittee to transfer the license or permit from
19one location to another within the same incorporated city,
20or within a county outside the corporate limits of a city,
21provided that the premises to which the transfer is to be made
22would have been eligible for a license or permit in the first
23instance and such transfer will not result in the violation
24of any law. All transfers authorized, and the particulars
25of same, shall be reported to the administrator director
26 by the local authority. The administrator director may by
27rule establish a uniform transfer fee to be assessed by all
28local authorities upon licensees or permittees to cover the
29administrative costs of such transfers, such fee to be retained
30by the local authority involved.
31 Sec. 2407. Section 123.38A, Code 2023, is amended to read
32as follows:
33123.38A Confidential investigative records.
34In order to assure a free flow of information for
35accomplishing the purposes of section 123.4 and section
-1336-1123.9, subsection 6, all complaint information, investigation
2files, audit files, and inspection files, other investigation
3reports, and other investigative information in the possession
4of the division department or employees acting under the
5authority of the administrator director under this chapter
6 are privileged and confidential, and are not subject to
7discovery, subpoena, or other means of legal compulsion for
8their release before administrative or criminal charges are
9filed. However, investigative information in the possession
10of division department employees under this chapter may be
11disclosed to the licensing authorities of a city or county
12within this state, in another state, the District of Columbia,
13or territory or county in which the licensee or permittee is
14licensed or permitted or has applied for a license or permit.
15In addition, the investigative information can be shared with
16any law enforcement agency or other state agency that also
17has investigative, regulatory, or enforcement jurisdiction
18authorized by law. Records received by the division department
19for purposes of this chapter from other agencies which would
20be confidential if created by the division department are
21considered confidential.
22 Sec. 2408. Section 123.39, subsections 1 and 4, Code 2023,
23are amended to read as follows:
241. a. (1) The administrator director or the local
25authority may suspend a class “B”, special class “B” native
26wine, class “C”, special class “C”, class “E”, or class “F”
27retail alcohol license, or charity beer, spirits, and wine
28special event license for a period not to exceed one year,
29revoke the license, or impose a civil penalty not to exceed one
30thousand dollars per violation.
31(2) The administrator director may suspend a certificate
32of compliance, a class “D” retail alcohol license, a
33manufacturer’s license, a broker’s permit, a class “A” native
34distilled spirits license, a class “A” or special class “A”
35beer permit, a class “A” wine permit, a wine direct shipper’s
-1337-1permit, or a wine carrier permit for a period not to exceed one
2year, revoke the license, permit, or certificate, or impose a
3civil penalty not to exceed one thousand dollars per violation.
4b. A license, permit, or certificate of compliance issued
5under this chapter may be suspended or revoked, or a civil
6penalty may be imposed for any of the following causes:
7(1) Misrepresentation of any material fact in the
8application for the license, permit, or certificate.
9(2) Violation of any of the provisions of this chapter.
10(3) Any change in the ownership or interest in the business
11operated under a retail alcohol license which change was not
12previously reported in a manner prescribed by the administrator
13 director within thirty days of the change and subsequently
14approved by the local authority, when applicable, and the
15division department.
16(4) An event which would have resulted in disqualification
17from receiving the license, permit, or certificate when
18originally issued.
19(5) Any sale, hypothecation, or transfer of the license,
20permit, or certificate.
21(6) The failure or refusal on the part of any license,
22permit, or certificate holder to render any report or remit any
23taxes to the division department under this chapter when due.
24c. A criminal conviction is not a prerequisite to
25suspension, revocation, or imposition of a civil penalty
26pursuant to this section.
27d. A local authority which acts pursuant to this section,
28section 123.32, or section 123.50 shall notify the division
29 department in writing of the action taken, and shall notify the
30license or permit holder of the right to appeal a suspension,
31revocation, or imposition of a civil penalty to the division
32 department.
33e. Before suspension, revocation, or imposition of a civil
34penalty by the administrator director, the license, permit,
35or certificate holder shall be given written notice and an
-1338-1opportunity for a hearing. The administrator director may
2appoint a member of the division department or may request an
3administrative law judge from the department of inspections
4and appeals to conduct the hearing and issue a proposed
5decision. Upon the motion of a party to the hearing or upon
6the administrator’s director’s own motion, the administrator
7 director may review the proposed decision in accordance
8with chapter 17A. Upon review of the proposed decision, the
9administrator director may affirm, reverse, or modify the
10proposed decision. A license, permit, or certificate holder
11aggrieved by a decision of the administrator director may seek
12judicial review of the administrator’s director’s decision in
13accordance with chapter 17A.
14f. Civil penalties imposed and collected by the local
15authority under this section shall be retained by the local
16authority. Civil penalties imposed and collected by the
17division department under this section shall be credited to
18the general fund of the state pursuant to section 123.17,
19subsection 9.
204. If the cause for suspension is a first offense
21violation of section 123.49, subsection 2, paragraph “h”,
22the administrator director or local authority shall impose a
23civil penalty in the amount of five hundred dollars in lieu of
24suspension of the license or permit.
25 Sec. 2409. Section 123.41, subsections 1, 2, 3, and 4, Code
262023, are amended to read as follows:
271. Each completed application to obtain or renew a
28manufacturer’s license shall be submitted to the division
29 department electronically, or in a manner prescribed by the
30administrator director, and shall be accompanied by a fee of
31three hundred dollars payable to the division department. The
32administrator director may in accordance with this chapter
33grant and issue to a manufacturer a manufacturer’s license,
34valid for a one-year period after date of issuance, which shall
35allow the manufacture, storage, and wholesale disposition and
-1339-1sale of alcoholic liquors to the division department and to
2customers outside of the state.
32. As a condition precedent to the approval and granting
4of a manufacturer’s license, an applicant shall file with the
5division department a basic permit issued by the alcohol and
6tobacco tax and trade bureau of the United States department
7of the treasury, and a statement under oath that the applicant
8will faithfully observe and comply with all laws, rules, and
9regulations governing the manufacture and sale of alcoholic
10liquor.
113. A person who holds an experimental distilled spirits
12plant permit or its equivalent issued by the alcohol and
13tobacco tax and trade bureau of the United States department
14of the treasury may produce alcohol for use as fuel without
15obtaining a manufacturer’s license from the division
16 department.
174. A person who holds a manufacturer’s license shall file
18with the division department, on or before the fifteenth day of
19each calendar month, all documents filed by the manufacturer
20with the alcohol and tobacco tax and trade bureau of the United
21States department of the treasury, including all production,
22storage, and processing reports.
23 Sec. 2410. Section 123.42, subsections 1 and 2, Code 2023,
24are amended to read as follows:
251. Prior to representing or promoting alcoholic liquor
26products in the state, the broker shall submit a completed
27application to the division department electronically, or in a
28manner prescribed by the administrator director, for a broker’s
29permit. The administrator director may in accordance with this
30chapter issue a broker’s permit which shall be valid for one
31year from the date of issuance unless it is sooner suspended or
32revoked for a violation of this chapter.
332. At the time of applying for a broker’s permit, each
34applicant shall submit to the division department a list of
35names and addresses of all manufacturers, distillers, and
-1340-1importers whom the applicant has been appointed to represent
2in the state of Iowa for any purpose. The listing shall be
3amended by the broker as necessary to keep the listing current
4with the division department.
5 Sec. 2411. Section 123.43, subsection 1, unnumbered
6paragraph 1, Code 2023, is amended to read as follows:
7A person applying for a class “A” native distilled spirits
8license shall submit an application electronically, or in a
9manner prescribed by the administrator director, which shall
10set forth under oath the following:
11 Sec. 2412. Section 123.43, subsection 1, paragraphs e and g,
12Code 2023, are amended to read as follows:
13e. When required by the administrator director, and in
14such form and containing such information as the administrator
15 director may require, a description of the premises where the
16applicant intends to use the license, to include a sketch or
17drawing of the premises and, if applicable, the number of
18square feet of interior floor space which comprises the retail
19sales area of the premises.
20g. Any other information as required by the administrator
21 director.
22 Sec. 2413. Section 123.43, subsection 2, unnumbered
23paragraph 1, Code 2023, is amended to read as follows:
24Except as otherwise provided in this chapter, the
25administrator director shall issue a class “A” native distilled
26spirits license to any applicant who establishes all of the
27following:
28 Sec. 2414. Section 123.43, subsection 2, paragraph d, Code
292023, is amended to read as follows:
30d. That the applicant has filed with the division department
31 a basic permit issued by the alcohol and tobacco tax and trade
32bureau of the United States department of the treasury, and
33that the applicant will faithfully observe and comply with all
34laws, rules, and regulations governing the manufacture and sale
35of alcoholic liquor.
-1341-1 Sec. 2415. Section 123.43A, subsections 1, 3, 4, and 5, Code
22023, are amended to read as follows:
31. Subject to rules of the division department, a native
4distillery holding a class “A” native distilled spirits license
5issued pursuant to section 123.43 may sell or offer for sale
6native distilled spirits. As provided in this section, sales
7of native distilled spirits manufactured on the premises may
8be made at retail for off-premises consumption when sold on
9the premises of the native distillery that manufactures native
10distilled spirits. All sales intended for resale in this
11state shall be made through the state’s wholesale distribution
12system.
133. A native distillery shall not sell native distilled
14spirits other than as permitted in this chapter and shall
15not allow native distilled spirits sold for consumption off
16the premises to be consumed upon the premises of the native
17distillery. However, native distilled spirits may be tasted
18pursuant to the rules of the division department on the
19premises where fermented, distilled, or matured, when no charge
20is made for the tasting.
214. The sale of native distilled spirits to the division
22 department for wholesale disposition and sale by the division
23 department shall be subject to the requirements of this chapter
24regarding such disposition and sale.
255. A native distillery issued a class “A” native distilled
26spirits license shall file with the division department, on or
27before the fifteenth day of each calendar month, all documents
28filed by the native distillery with the alcohol and tobacco
29tax and trade bureau of the United States department of the
30treasury, including all production, storage, and processing
31reports.
32 Sec. 2416. Section 123.44, Code 2023, is amended to read as
33follows:
34123.44 Gifts prohibited.
35A manufacturer or broker shall not give away alcoholic
-1342-1liquor at any time in connection with the manufacturer’s or
2broker’s business except for testing or sampling purposes only.
3A manufacturer, distiller, vintner, brewer, broker, wholesaler,
4or importer, organized as a corporation pursuant to the laws of
5this state or any other state, who deals in alcoholic beverages
6subject to regulation under this chapter shall not offer or
7give anything of value to a commission member, official or
8employee of the division department under this chapter, or
9directly or indirectly contribute in any manner any money or
10thing of value to a person seeking a public or appointive
11office or a recognized political party or a group of persons
12seeking to become a recognized political party.
13 Sec. 2417. Section 123.46A, subsection 2, Code 2023, is
14amended to read as follows:
152. Licensees authorized to sell wine, beer, or mixed drinks
16or cocktails for consumption off the licensed premises in a
17container other than the original container may deliver the
18wine, beer, or mixed drinks or cocktails to a home or other
19designated location in this state only if the container other
20than the original container has been sold and securely sealed
21in compliance with this chapter or the rules of the division
22 department. Deliveries shall be limited to alcoholic beverages
23authorized by the licensee’s license or permit.
24 Sec. 2418. Section 123.46A, subsection 3, paragraph g, Code
252023, is amended to read as follows:
26g. Delivery of alcoholic liquor, wine, beer, or mixed drinks
27or cocktails shall be made by the licensee, the licensee’s
28employee, or a third party, provided the licensee has entered
29into a written agreement with the third party that authorizes
30the third party to act as an agent of the licensee for the
31purpose of delivering alcoholic liquor, wine, beer, or mixed
32drinks or cocktails. Each licensee shall submit to the
33division department electronically, or in a manner prescribed
34by the administrator director, a list of names and addresses of
35all third parties it has authorized to act as its agent for the
-1343-1purpose of delivering alcoholic liquor, wine, beer, or mixed
2drinks or cocktails. The licensee shall provide the division
3 department with amendments to the list as necessary to ensure
4the division department possesses an accurate, current list.
5 Sec. 2419. Section 123.49, subsection 2, paragraph d,
6subparagraphs (1), (2), and (3), Code 2023, are amended to read
7as follows:
8(1) Keep on premises covered by a retail alcohol license any
9alcoholic liquor in any container except the original package
10purchased from the division department, and except mixed drinks
11or cocktails mixed on the premises for immediate consumption
12on the licensed premises or as otherwise provided by this
13paragraph “d”. This prohibition does not apply to holders
14of a class “D” retail alcohol license or to alcoholic liquor
15delivered in accordance with section 123.46A.
16(2) Mixed drinks or cocktails mixed on the premises that are
17not for immediate consumption may be consumed on the licensed
18premises subject to the requirements of this subparagraph
19pursuant to rules adopted by the division department. The
20rules shall provide that the mixed drinks or cocktails be
21stored, for no longer than seventy-two hours, in a labeled
22container in a quantity that does not exceed three gallons.
23The rules shall also provide that added flavors and other
24nonbeverage ingredients included in the mixed drinks or
25cocktails shall not include hallucinogenic substances or added
26caffeine or other added stimulants including but not limited to
27guarana, ginseng, and taurine. The rules shall also require
28that the licensee keep records as to when the contents in
29a particular container were mixed and the recipe used for
30that mixture. In addition, mixed drinks or cocktails mixed
31on the premises pursuant to this subparagraph may be sold
32for consumption off the licensed premises as provided in and
33subject to the requirements of subparagraph (3).
34(3) Mixed drinks or cocktails mixed on premises covered
35by a class “C” retail alcohol license for consumption off the
-1344-1licensed premises may be sold if the mixed drink or cocktail is
2immediately filled in a sealed container and is promptly taken
3from the licensed premises prior to consumption of the mixed
4drink or cocktail. A mixed drink or cocktail that is sold in a
5sealed container in compliance with the requirements of this
6subparagraph and rules adopted by the division department shall
7not be deemed an open container subject to the requirements
8of sections 321.284 and 321.284A if the sealed container is
9unopened and the seal has not been tampered with, and the
10contents of the container have not been partially removed.
11 Sec. 2420. Section 123.50, subsection 2, Code 2023, is
12amended to read as follows:
132. The conviction of any retail alcohol licensee for a
14violation of any of the provisions of section 123.49, subject
15to subsection 3 of this section, is grounds for the suspension
16or revocation of the license or permit by the division
17 department or the local authority. However, if any retail
18alcohol licensee is convicted of any violation of section
19123.49, subsection 2, paragraph “a” or “e”, or any retail
20alcohol licensee, excluding a special class “B” or class “D”
21retail alcohol licensee, is convicted of a violation of section
22123.49, subsection 2, paragraph “d”, the retail alcohol license
23shall be revoked and shall immediately be surrendered by the
24holder, and the bond, if any, of the license holder shall be
25forfeited to the division department. However, the division
26 department shall retain only that portion of the bond equal
27to the amount the division department determines the license
28holder owes the division department.
29 Sec. 2421. Section 123.50, subsection 3, unnumbered
30paragraph 1, Code 2023, is amended to read as follows:
31If any retail alcohol licensee or employee of a licensee is
32convicted or found in violation of section 123.49, subsection
332, paragraph “h”, the administrator director or local authority
34shall, in addition to criminal penalties fixed for violations
35by this section, assess a civil penalty as follows:
-1345-1 Sec. 2422. Section 123.50, subsection 4, Code 2023, is
2amended to read as follows:
34. In addition to any other penalties imposed under this
4chapter, the division department shall assess a civil penalty
5up to the amount of five thousand dollars upon a class “E”
6retail alcohol licensee when the class “E” retail alcohol
7license is revoked for a violation of section 123.59. Failure
8to pay the civil penalty as required under this subsection
9shall result in forfeiture of the bond to the division
10 department. However, the division department shall retain
11only that portion of the bond equal to the amount the division
12 department determines the license or permit holder owes the
13division department.
14 Sec. 2423. Section 123.50A, subsections 1, 2, and 4, Code
152023, are amended to read as follows:
161. If sufficient funding is appropriated, the division
17 department shall develop an alcohol compliance employee
18training program, not to exceed two hours in length for
19employees and prospective employees of licensees and
20permittees, to inform the employees about state laws and
21regulations regarding the sale of alcoholic beverages to
22persons under legal age, and compliance with and the importance
23of laws regarding the sale of alcoholic beverages to persons
24under legal age. In developing the alcohol compliance employee
25training program, the division department may consult with
26stakeholders who have expertise in the laws and regulations
27regarding the sale of alcoholic beverages to persons under
28legal age.
292. The alcohol compliance employee training program shall
30be made available to employees and prospective employees
31of licensees and permittees at no cost to the employee,
32the prospective employee, or the licensee or permittee, and
33in a manner which is as convenient and accessible to the
34extent practicable throughout the state so as to encourage
35attendance. Contingent upon the availability of specified
-1346-1funds for provision of the program, the division department
2 shall schedule the program on at least a monthly basis and the
3program shall be available at a location in at least a majority
4of counties.
54. The division department shall also offer periodic
6continuing employee training and recertification for employees
7who have completed initial training and received an initial
8certificate of completion as part of the alcohol compliance
9employee training program.
10 Sec. 2424. Section 123.56, subsections 3 and 4, Code 2023,
11are amended to read as follows:
123. Upon filing a suit in equity in district court pursuant
13to subsection 2, the county attorney or city attorney shall
14notify the administrator director of the action. Upon
15receiving notice, the administrator director shall issue an
16order reducing the hours during which alcoholic beverages may
17be sold or consumed at retail on the licensed premises to
18between 6:00 a.m.and 10:00 p.m.each day of the week during
19the pendency of the action in equity. The county attorney or
20city attorney shall notify the administrator director of any
21final action or judgment entered resulting from the action.
224. In an action seeking abatement of a public safety
23nuisance as provided in this section, evidence of other
24current violations of this chapter may be received by the
25court and considered in determining the remedial provisions
26of any abatement order. In addition, evidence of prior
27sanctions, violations of law, nuisance behavior, or general
28reputation relating to the licensed premises may be admissible
29in determining the reasonableness of remedial provisions of an
30abatement order. However, evidence of a prior conviction of
31the licensee, managers, employees, or contemporaneous patrons
32and guests is not necessary for purposes of considering or
33issuing an abatement order under this section. In an action
34under this section, the administrator director may submit
35to the court a report as evidence on behalf of the division
-1347-1 department regarding the compliance history of the licensee or
2permittee for consideration by the court.
3 Sec. 2425. Section 123.57, Code 2023, is amended to read as
4follows:
5123.57 Examination of accounts.
6The financial condition and transactions of all offices,
7departments, warehouses, and depots of concerning the division
8 alcohol beverage control activities of the department shall be
9examined at least once each year by the state auditor and at
10shorter periods if requested by the administrator director,
11governor, commission, or the general assembly’s standing
12committees on government oversight.
13 Sec. 2426. Section 123.58, Code 2023, is amended to read as
14follows:
15123.58 Auditing.
16All provisions of sections 11.6, 11.11, 11.14, 11.21,
1711.31, and 11.41, relating to auditing of financial records
18of governmental subdivisions which are not inconsistent with
19this chapter are applicable to the division department and its
20offices, warehouses, and depots under this chapter.
21 Sec. 2427. Section 123.92, subsection 1, paragraph a, Code
222023, is amended to read as follows:
23a. Subject to the limitation amount specified in paragraph
24“c”, if applicable, any third party who is not the intoxicated
25person who caused the injury at issue and who is injured in
26person or property or means of support by an intoxicated person
27or resulting from the intoxication of a person, has a right of
28action for damages actually sustained, severally or jointly
29against any licensee or permittee, whether or not the license
30or permit was issued by the division department or by the
31licensing authority of any other state, who sold and served any
32alcoholic beverage directly to the intoxicated person, provided
33that the person was visibly intoxicated at the time of the sale
34or service.
35 Sec. 2428. Section 123.92, subsection 2, paragraphs a and c,
-1348-1Code 2023, are amended to read as follows:
2a. Every retail alcohol licensee, except a class “B”,
3special class “B”, or class “E” retail alcohol licensee, shall
4furnish proof of financial responsibility by the existence of
5a liability insurance policy in an amount determined by the
6division department. If an insurer provides dramshop liability
7insurance at a new location to a licensee or permittee who has
8a positive loss experience at other locations for which such
9insurance is provided by the insurer, and the insurer bases
10premium rates at the new location on the negative loss history
11of the previous licensee at that location, the insurer shall
12examine and consider adjusting the premium for the new location
13not less than thirty months after the insurance is issued,
14based on the loss experience of the licensee at that location
15during that thirty-month period of time.
16c. The purpose of dramshop liability insurance is to provide
17protection for members of the public who experience damages as
18a result of licensees serving patrons any alcoholic beverage
19to a point that reaches or exceeds the standard set forth in
20law for liability. Minimum coverage requirements for such
21insurance are not for the purpose of making the insurance
22affordable for all licensees regardless of claims experience.
23A dramshop liability insurance policy obtained by a licensee
24shall meet the minimum insurance coverage requirements as
25determined by the division department and is a mandatory
26condition for holding a license.
27 Sec. 2429. Section 123.95, subsection 2, paragraph a, Code
282023, is amended to read as follows:
29a. The holder of an annual class “C” retail alcohol license
30may act as the agent of a private social host for the purpose
31of providing and serving alcoholic beverages as part of a food
32catering service for a private social gathering in a private
33place, provided the licensee has applied for and been granted a
34catering privilege by the division department. The holder of
35an annual special class “C” retail alcohol license shall not
-1349-1act as the agent of a private social host for the purpose of
2providing and serving wine and beer as part of a food catering
3service for a private social gathering in a private place. An
4applicant for a class “C” retail alcohol license shall state
5on the application for the license that the licensee intends
6to engage in catering food and alcoholic beverages for private
7social gatherings and the catering privilege shall be noted on
8the license.
9 Sec. 2430. Section 123.125, Code 2023, is amended to read
10as follows:
11123.125 Issuance of beer permits.
12The administrator director shall issue class “A” and special
13class “A” beer permits and may suspend or revoke permits for
14cause as provided in this chapter.
15 Sec. 2431. Section 123.126A, subsection 2, Code 2023, is
16amended to read as follows:
172. Notwithstanding any provision of this chapter to the
18contrary, a manufacturer of beer may obtain and possess
19alcoholic liquor from the division department for the purpose
20of manufacturing canned cocktails.
21 Sec. 2432. Section 123.127, subsection 1, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23A person applying for a class “A” or special class “A” beer
24permit shall submit a completed application electronically, or
25in a manner prescribed by the administrator director, which
26shall set forth under oath the following:
27 Sec. 2433. Section 123.127, subsection 1, paragraphs e and
28g, Code 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
32the applicant intends to use the permit, to include a sketch
33or drawing of the premises and, if applicable, the number of
34square feet of interior floor space which comprises the retail
35sales area of the premises.
-1350- 1g. Any other information as required by the administrator
2 director.
3 Sec. 2434. Section 123.127, subsection 2, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5The administrator director shall issue a class “A” or
6special class “A” beer permit to any applicant who establishes
7all of the following:
8 Sec. 2435. Section 123.127, subsection 2, paragraphs d and
9g, Code 2023, are amended to read as follows:
10d. That the applicant has filed with the division department
11 a basic permit issued by the alcohol and tobacco tax and trade
12bureau of the United States department of the treasury, and
13that the applicant will faithfully observe and comply with all
14laws, rules, and regulations governing the manufacture and sale
15of beer.
16g. That the applicant has submitted a bond in the amount
17of ten thousand dollars in a manner prescribed by the
18administrator director with good and sufficient sureties to be
19approved by the division department conditioned upon compliance
20with this chapter.
21 Sec. 2436. Section 123.130, subsection 1, paragraph a, Code
222023, is amended to read as follows:
23a. Any person holding a class “A” beer permit issued by
24the division department shall be authorized to manufacture
25and sell, or sell at wholesale, beer for consumption off the
26premises, such sales within the state to be made only to
27persons holding a subsisting class “A” beer permit, or retail
28alcohol licenses, excluding a special class “B” retail native
29wine license, issued in accordance with the provisions of this
30chapter. However, a person holding a class “A” beer permit
31issued by the division department who also holds a brewer’s
32notice issued by the alcohol and tobacco tax and trade bureau
33of the United States department of the treasury shall be
34authorized to sell, at wholesale, no more than thirty thousand
35barrels of beer on an annual basis for consumption off the
-1351-1premises to a licensee authorized under this chapter to sell
2beer at retail.
3 Sec. 2437. Section 123.130, subsection 5, Code 2023, is
4amended to read as follows:
55. A manufacturer of beer issued a class “A” or special
6class “A” beer permit shall file with the division department,
7on or before the fifteenth day of each calendar month, all
8documents filed with the alcohol and tobacco tax and trade
9bureau of the United States department of the treasury,
10including all brewer’s operation and excise tax return reports.
11 Sec. 2438. Section 123.135, subsections 1, 2, and 3, Code
122023, are amended to read as follows:
131. A manufacturer, brewer, bottler, importer, or vendor of
14beer, or any agent thereof, desiring to ship or sell beer, or
15have beer brought into this state for resale by a class “A”
16beer permittee, shall first make application for and be issued
17a brewer’s certificate of compliance by the administrator
18 director for that purpose. The certificate of compliance
19expires at the end of one year from the date of issuance and
20shall be renewed for a like period upon application to the
21administrator director unless otherwise revoked for cause.
22Each completed application for a certificate of compliance or
23renewal of a certificate shall be submitted electronically,
24or in a manner prescribed by the administrator director, and
25shall be accompanied by a fee of two hundred dollars payable
26to the division department. Each holder of a certificate
27of compliance shall furnish the information in a manner the
28administrator director requires.
292. At the time of applying for a certificate of compliance,
30each applicant shall file with the division department a list
31of all class “A” beer permittees with whom it intends to do
32business and shall designate the geographic area in which its
33products are to be distributed by such permittee. The listing
34of class “A” beer permittees and geographic area as filed with
35the division department shall be amended by the holder of a
-1352-1certificate of compliance as necessary to keep the listing
2current with the division department.
33. All class “A” beer permit holders shall sell only
4those brands of beer which are manufactured, brewed,
5bottled, shipped, or imported by a person holding a current
6certificate of compliance. Any employee or agent working for
7or representing the holder of a certificate of compliance
8within this state shall submit electronically, or in a manner
9prescribed by the administrator director, the employee’s or
10agent’s name and address with the division department.
11 Sec. 2439. Section 123.137, subsection 1, Code 2023, is
12amended to read as follows:
131. A person holding a class “A” or special class “A” beer
14permit shall, on or before the tenth day of each calendar month
15commencing on the tenth day of the calendar month following
16the month in which the person is issued a beer permit, make a
17report under oath to the division department electronically, or
18in a manner prescribed by the administrator director, showing
19the exact number of barrels of beer, or fractional parts of
20barrels, sold by the beer permit holder during the preceding
21calendar month. The report shall also state information the
22administrator director requires, and beer permit holders shall
23at the time of filing a report pay to the division department
24 the amount of tax due at the rate fixed in section 123.136.
25 Sec. 2440. Section 123.138, Code 2023, is amended to read
26as follows:
27123.138 Records required — keg identification label.
281. Each class “A” or special class “A” beer permittee shall
29keep proper records showing the amount of beer sold by the
30permittee, and these records shall be at all times open to
31inspection by the administrator director and to other persons
32pursuant to section 123.30, subsection 1. Each retail alcohol
33licensee as described in section 123.30 shall keep proper
34records showing each purchase of beer made by the licensee, and
35the date and the amount of each purchase and the name of the
-1353-1person from whom each purchase was made, which records shall be
2open to inspection pursuant to section 123.30, subsection 1,
3during normal business hours of the licensee.
42. a. Each retail alcohol licensee who sells beer for
5off-premises consumption shall affix to each keg of beer an
6identification label provided by the administrator director.
7The label provided shall allow for its full removal when
8common external keg cleaning procedures are performed. For
9the purposes of this subsection, “keg” means all durable and
10disposable containers with a liquid capacity of five gallons or
11more. Each retail alcohol licensee shall also keep a record
12of the identification label number of each keg of beer sold by
13the licensee with the name and address of the purchaser and
14the number of the purchaser’s driver’s license, nonoperator’s
15identification card, or military identification card, if
16the military identification card contains a picture and
17signature. This information shall be retained by the licensee
18for a minimum of ninety days. The records kept pursuant to
19this subsection shall be available for inspection by any law
20enforcement officer during normal business hours.
21b. (1) The division department shall provide the keg
22identification labels described in paragraph “a” and shall,
23prior to utilizing a label, notify licensed brewers and
24licensed beer importers of the type of label to be utilized.
25Each label shall contain a number and the following statement:
26It is unlawful to sell, give, or otherwise supply any
27alcoholic beverage, wine, or beer to any person under legal
28age. Any person who defaces this label shall be guilty of
29criminal mischief punishable pursuant to section 716.6.
30(2) The identification label shall be placed on the keg at
31the time of retail sale. The licensee shall obtain the labels
32referred to in this subsection from the division department.
33The cost of the labels to licensees shall not exceed the
34division’s department’s cost of producing and distributing
35the labels. The moneys collected by the division department
-1354-1 relating to the sale of labels shall be credited to the beer
2and liquor control fund.
3c. The provisions of this subsection shall be implemented
4uniformly throughout the state. The provisions of this
5subsection shall preempt any local county or municipal
6ordinance regarding keg registration or the sale of beer in
7kegs. In addition, a county or municipality shall not adopt or
8continue in effect an ordinance regarding keg registration or
9the sale of beer in kegs.
10 Sec. 2441. Section 123.143, subsection 1, Code 2023, is
11amended to read as follows:
121. All permit fees collected by the division department
13 under this subchapter shall accrue to the beer and liquor
14control fund, except as otherwise provided. All taxes
15collected by the division department under this subchapter
16shall accrue to the state general fund, except as otherwise
17provided.
18 Sec. 2442. Section 123.173, subsection 3, Code 2023, is
19amended to read as follows:
203. A class “A” wine permittee shall be required to deliver
21wine to a retail alcohol licensee, and a retail alcohol
22licensee shall be required to accept delivery of wine from a
23class “A” wine permittee, only at the licensed premises of the
24retail alcohol licensee. Except as specifically permitted by
25the division department upon good cause shown, delivery or
26transfer of wine from an unlicensed premises to a licensed
27retail alcohol licensee’s premises, or from one licensed retail
28alcohol licensee’s premises to another licensed retail alcohol
29licensee’s premises, even if there is common ownership of all
30of the premises by one retail permittee, is prohibited.
31 Sec. 2443. Section 123.173A, subsection 2, Code 2023, is
32amended to read as follows:
332. Upon application to the division department and receipt
34of a charity beer, spirits, and wine special event license, an
35authorized nonprofit entity may conduct a charity special event
-1355-1subject to the requirements of this section.
2 Sec. 2444. Section 123.173A, subsection 4, paragraph a,
3Code 2023, is amended to read as follows:
4a. The charity event shall be conducted on a premises
5covered by a valid retail alcohol license issued by the
6division department.
7 Sec. 2445. Section 123.173A, subsection 5, paragraph b,
8Code 2023, is amended to read as follows:
9b. The retail alcohol license number issued by the division
10 department for the premises where a charity event is to be
11conducted, if applicable.
12 Sec. 2446. Section 123.174, Code 2023, is amended to read
13as follows:
14123.174 Issuance of wine permits.
15The administrator director shall issue wine permits as
16provided in this chapter, and may suspend or revoke a wine
17permit for cause as provided in this chapter.
18 Sec. 2447. Section 123.175, subsection 1, unnumbered
19paragraph 1, Code 2023, is amended to read as follows:
20A person applying for a class “A” wine permit shall submit a
21completed application electronically, or in a manner prescribed
22by the administrator director, which shall set forth under oath
23the following:
24 Sec. 2448. Section 123.175, subsection 1, paragraphs e and
25g, Code 2023, are amended to read as follows:
26e. When required by the administrator director, and in
27such form and containing such information as the administrator
28 director may require, a description of the premises where the
29applicant intends to use the permit, to include a sketch or
30drawing of the premises.
31g. Any other information as required by the administrator
32 director.
33 Sec. 2449. Section 123.175, subsection 2, unnumbered
34paragraph 1, Code 2023, is amended to read as follows:
35The administrator director shall issue a class “A” wine
-1356-1permit to any applicant who establishes all of the following:
2 Sec. 2450. Section 123.175, subsection 2, paragraphs d and
3g, Code 2023, are amended to read as follows:
4d. That the applicant has filed with the division department
5 a basic permit issued by the alcohol and tobacco tax and trade
6bureau of the United States department of the treasury, and
7that the applicant will faithfully observe and comply with all
8the laws, rules, and regulations governing the manufacture and
9sale of wine.
10g. That the applicant has submitted a bond in the amount
11of five thousand dollars in a manner prescribed by the
12administrator director with good and sufficient sureties to be
13approved by the division department conditioned upon compliance
14with this chapter.
15 Sec. 2451. Section 123.176, subsections 1, 2, 7, and 8, Code
162023, are amended to read as follows:
171. Subject to rules of the division department,
18manufacturers of native wines from grapes, cherries, other
19fruits or other fruit juices, vegetables, vegetable juices,
20dandelions, clover, honey, or any combination of these
21ingredients, holding a class “A” wine permit as required by
22this chapter, may sell, keep, or offer for sale and deliver the
23wine. Notwithstanding section 123.24, subsection 2, paragraph
24“b”, or any other provision of this chapter, manufacturers
25of native wine may obtain and possess grape brandy from the
26division department for the sole purpose of manufacturing wine.
272. Native wine may be sold at retail for off-premises
28consumption when sold on the premises of the manufacturer, or
29in a retail establishment operated by the manufacturer. Sales
30may also be made to class “A” or retail alcohol licensees as
31authorized by sections 123.30 and 123.177. A manufacturer of
32native wines shall not sell the wines other than as permitted
33in this chapter and shall not allow wine sold to be consumed
34upon the premises of the manufacturer. However, prior to
35sale, native wines may be tasted pursuant to the rules of the
-1357-1division department on the premises where made, when no charge
2is made for the tasting.
37. A manufacturer may use the space and equipment of another
4manufacturer for the purpose of manufacturing native wine,
5provided that such an alternating proprietorship arrangement
6is approved by the alcohol and tobacco tax and trade bureau
7of the United States department of the treasury. A separate
8class “A” wine permit shall be issued to each manufacturer,
9and each manufacturer shall be subject to the provisions
10of this chapter and the rules of the division department.
11Notwithstanding subsection 5, not more than one class “C”
12retail alcohol license shall be issued to a premises with
13alternating proprietorships.
148. A manufacturer of native wines shall file with the
15division department, on or before the fifteenth day of each
16calendar month, all documents filed with the alcohol and
17tobacco tax and trade bureau of the United States department of
18the treasury, including all wine premises operations and excise
19tax return reports.
20 Sec. 2452. Section 123.180, subsections 1, 2, and 3, Code
212023, are amended to read as follows:
221. A manufacturer, vintner, bottler, importer, or vendor of
23wine, or an agent thereof, desiring to ship, sell, or have wine
24brought into this state for sale at wholesale by a class “A”
25permittee shall first make application for and shall be issued
26a vintner’s certificate of compliance by the administrator
27 director for that purpose. The vintner’s certificate of
28compliance shall expire at the end of one year from the
29date of issuance and shall be renewed for a like period upon
30application to the administrator director unless otherwise
31revoked for cause. Each completed application for a vintner’s
32certificate of compliance or renewal of a certificate shall
33be submitted electronically, or in a manner prescribed by the
34administrator director, and shall be accompanied by a fee of
35two hundred dollars payable to the division department. Each
-1358-1holder of a vintner’s certificate of compliance shall furnish
2the information required by the administrator director in the
3form the administrator director requires. A vintner or wine
4bottler whose plant is located in Iowa and who otherwise holds
5a class “A” wine permit to sell wine at wholesale is exempt
6from the fee, but not the other terms and conditions. The
7holder of a vintner’s certificate of compliance may also hold a
8class “A” wine permit.
92. At the time of applying for a vintner’s certificate
10of compliance, each applicant shall file with the division
11 department a list of all class “A” wine permittees with
12whom it intends to do business. The listing of class “A”
13wine permittees as filed with the division department shall
14be amended by the holder of the certificate of compliance
15as necessary to keep the listing current with the division
16 department.
173. All class “A” wine permit holders shall sell only those
18brands of wine which are manufactured, bottled, fermented,
19shipped, or imported by a person holding a current vintner’s
20certificate of compliance. An employee or agent working for
21or representing the holder of a vintner’s certificate of
22compliance within this state shall register the employee’s
23or agent’s name and address with the division department.
24These names and addresses shall be filed with the division’s
25 department’s copy of the certificate of compliance issued
26except that this provision does not require the listing of
27those persons who are employed on the premises of a bottling
28plant, or winery where wine is manufactured, fermented,
29or bottled in Iowa or the listing of those persons who are
30thereafter engaged in the transporting of the wine.
31 Sec. 2453. Section 123.184, Code 2023, is amended to read
32as follows:
33123.184 Report of gallonage sales — penalty.
341. Each class “A” wine permit holder on or before the
35tenth day of each calendar month commencing on the tenth day
-1359-1of the calendar month following the month in which the person
2is issued a permit, shall make a report under oath to the
3division department electronically, or in a manner prescribed
4by the administrator director, showing the exact number of
5gallons of wine and fractional parts of gallons sold by that
6permit holder during the preceding calendar month. The report
7also shall state whatever reasonable additional information
8the administrator director requires. The permit holder at
9the time of filing this report shall pay to the division
10 department the amount of tax due at the rate fixed in section
11123.183. A penalty of ten percent of the amount of the tax
12shall be assessed and collected if the report required to be
13filed pursuant to this subsection is not filed and the tax paid
14within the time required by this subsection.
152. Each wine direct shipper license holder shall make a
16report under oath to the division department electronically,
17or in a manner prescribed by the administrator director, on
18or before the tenth day of the calendar months of June and
19December, showing the exact number of gallons of wine and
20fractional parts of gallons sold and shipped pursuant to
21section 123.187 during the preceding six-month calendar period.
22The report shall also state whatever reasonable additional
23information the administrator director requires. The license
24holder at the time of filing this report shall pay to the
25division department the amount of tax due at the rate fixed
26in section 123.183. A penalty of ten percent of this amount
27shall be assessed and collected if the report required to be
28filed pursuant to this subsection is not filed and the tax paid
29within the time required by this subsection.
30 Sec. 2454. Section 123.186, subsections 1 and 2, Code 2023,
31are amended to read as follows:
321. The division department shall adopt as rules the
33substance of the federal regulations 27 C.F.R. pt.6, 27 C.F.R.
34pt.8, 27 C.F.R. pt.10, and 27 C.F.R. pt.11.
352. The division department shall adopt as rules the
-1360-1substance of 27 C.F.R. §6.88, to permit a manufacturer of
2alcoholic beverages, wine, or beer, or an agent of such
3manufacturer, to provide to a retailer without charge wine and
4beer coil cleaning services, including carbon dioxide filters
5and other necessary accessories to properly clean the coil and
6affix carbon dioxide filters. The rules shall provide that the
7manufacturer shall be responsible for paying the costs of any
8filters provided.
9 Sec. 2455. Section 123.187, subsection 2, paragraphs b and
10d, Code 2023, are amended to read as follows:
11b. A wine manufacturer applying for a wine direct
12shipper permit shall submit an application for the permit
13electronically, or in a manner prescribed by the administrator
14 director, accompanied by a true copy of the manufacturer’s
15current alcoholic beverage license or permit issued by the
16state where the manufacturer is primarily located and a copy
17of the manufacturer’s basic permit issued by the alcohol and
18tobacco tax and trade bureau of the United States department of
19the treasury.
20d. A permit issued pursuant to this section may be
21renewed annually by submitting a renewal application with
22the administrator director in a manner prescribed by the
23administrator director, accompanied by the twenty-five dollar
24permit fee.
25 Sec. 2456. Section 123.187, subsection 3, paragraph c, Code
262023, is amended to read as follows:
27c. All containers of wine shipped directly to a resident
28of this state shall be conspicuously labeled with the words
29“CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER
30REQUIRED FOR DELIVERY” or shall be conspicuously labeled with
31alternative wording preapproved by the administrator director.
32 Sec. 2457. Section 123.187, subsections 4 and 5, Code 2023,
33are amended to read as follows:
344. A wine direct shipper permittee shall remit to the
35division department an amount equivalent to the wine gallonage
-1361-1tax on wine subject to direct shipment at the rate specified
2in section 123.183 for deposit as provided in section 123.183,
3subsections 2 and 3. The amount shall be remitted at the time
4and in the manner provided in section 123.184, subsection
52, and the ten percent penalty specified therein shall be
6applicable.
75. A wine direct shipper permittee shall be deemed to have
8consented to the jurisdiction of the division department or any
9other agency or court in this state concerning enforcement of
10this section and any related laws, rules, or regulations. A
11permit holder shall allow the division department to perform an
12audit of shipping records upon request.
13 Sec. 2458. Section 123.188, subsections 1, 2, and 3, Code
142023, are amended to read as follows:
151. A person desiring to deliver wine subject to direct
16shipment within this state pursuant to section 123.187 shall
17submit an application for a wine carrier permit electronically,
18or in a manner prescribed by the administrator director, which
19shall be accompanied by a fee in the amount of one hundred
20dollars.
212. The administrator director may in accordance with this
22chapter issue a wine carrier permit which shall be valid
23for one year from the date of issuance unless it is sooner
24suspended or revoked for a violation of this chapter.
253. A permit issued pursuant to this section may be
26renewed annually by submitting a renewal application with
27the administrator director in a manner prescribed by the
28administrator director, accompanied by the one hundred dollar
29permit fee.
30 Sec. 2459. Section 123.188, subsection 4, paragraph c, Code
312023, is amended to read as follows:
32c. A wine carrier permittee shall maintain records of wine
33shipped which include the permit number and name of the wine
34manufacturer, quantity of wine shipped, recipient’s name and
35address, and an electronic or paper form of signature from
-1362-1the recipient of the wine. Records shall be submitted to the
2division department on a monthly basis in a form and manner to
3be determined by the division department.
4 Sec. 2460. Section 321.19, subsection 1, paragraph c,
5subparagraph (3), Code 2023, is amended to read as follows:
6(3) Persons in the department of justice, the alcoholic
7beverages division of the department of commerce, disease
8investigators of the Iowa department of public health, the
9department of inspections and appeals, and the department of
10revenue, who are regularly assigned to conduct investigations
11which cannot reasonably be conducted with a vehicle displaying
12“official” state registration plates.
13 Sec. 2461. Section 453A.2, subsections 4, 6, and 7, Code
142023, are amended to read as follows:
154. The alcoholic beverages division of the department of
16commerce, a county, or a city may directly enforce this section
17in district court and initiate proceedings pursuant to section
18453A.22 before a permit-issuing authority which issued the
19permit against a permit holder violating this section.
206. If a county or a city has not assessed a penalty pursuant
21to section 453A.22, subsection 2, for a violation of subsection
221, within sixty days of the adjudication of the violation,
23the matter shall be transferred to and be the exclusive
24responsibility of the alcoholic beverages division of the
25 department of commerce. Following transfer of the matter, if
26the violation is contested, the alcoholic beverages division
27of the department of commerce shall request an administrative
28hearing before an administrative law judge, assigned by the
29division of administrative hearings of the department of
30inspections and appeals in accordance with the provisions of
31section 10A.801, to adjudicate the matter pursuant to chapter
3217A.
337. A tobacco compliance employee training fund is
34created in the office of the treasurer of state. The fund
35shall consist of civil penalties assessed by the alcoholic
-1363-1beverages division of the department of commerce under
2section 453A.22 for violations of this section. Moneys in
3the fund are appropriated to the alcoholic beverages division
4of the department of commerce and shall be used to develop
5and administer the tobacco compliance employee training
6program under section 453A.5. Moneys deposited in the fund
7shall not be transferred, used, obligated, appropriated, or
8otherwise encumbered except as provided in this subsection.
9Notwithstanding section 8.33, any unexpended balance in the
10fund at the end of the fiscal year shall be retained in the
11fund.
12 Sec. 2462. Section 453A.5, subsection 1, Code 2023, is
13amended to read as follows:
141. The alcoholic beverages division of the department of
15commerce shall develop a tobacco compliance employee training
16program not to exceed two hours in length for employees and
17prospective employees of retailers, as defined in sections
18453A.1 and 453A.42, to inform the employees about state and
19federal laws and regulations regarding the sale of tobacco,
20tobacco products, alternative nicotine products, vapor
21products, and cigarettes to persons under twenty-one years of
22age and compliance with and the importance of laws regarding
23the sale of tobacco, tobacco products, alternative nicotine
24products, vapor products, and cigarettes to persons under
25twenty-one years of age.
26 Sec. 2463. Section 453A.13, subsection 2, paragraph c, Code
272023, is amended to read as follows:
28c. The department, or a A city or county, shall submit
29a duplicate of any application for a retail permit to the
30alcoholic beverages division of the department of commerce
31 within thirty days of the issuance. The alcoholic beverages
32division of the department of commerce shall submit the current
33list of all retail permits issued to the Iowa department of
34public health by the last day of each quarter of a state fiscal
35year.
-1364-1 Sec. 2464. Section 453A.22, subsection 2, unnumbered
2paragraph 1, Code 2023, is amended to read as follows:
3If a retailer or employee of a retailer has violated section
4453A.2 or section 453A.36, subsection 6, the department or
5local authority, or the alcoholic beverages division of the
6 department of commerce following transfer of the matter to the
7alcoholic beverages division of the department of commerce
8 pursuant to section 453A.2, subsection 6, in addition to the
9other penalties fixed for such violations in this section,
10shall assess a penalty upon the same hearing and notice as
11prescribed in subsection 1 as follows:
12 Sec. 2465. Section 453A.22, subsection 6, Code 2023, is
13amended to read as follows:
146. The department or local authority shall report the
15suspension or revocation of a retail permit under this section
16to the alcoholic beverages division of the department of
17commerce within thirty days of the suspension or revocation of
18the retail permit.
19 Sec. 2466. Section 453A.47A, subsection 6, Code 2023, is
20amended to read as follows:
216. Issuance. Cities may issue retail permits to retailers
22located within their respective limits. County boards of
23supervisors may issue retail permits to retailers located in
24their respective counties, outside of the corporate limits of
25cities. The city or county shall submit a duplicate of any
26application for a retail permit to the alcoholic beverages
27division of the department of commerce within thirty days of
28issuance of a permit. The alcoholic beverages division of the
29 department of commerce shall submit the current list of all
30retail permits issued to the Iowa department of public health
31by the last day of each quarter of a state fiscal year.
32 Sec. 2467. Section 455C.3, subsections 2 and 5, Code 2023,
33are amended to read as follows:
342. A distributor shall accept and pick up from a
35participating dealer served by the distributor or a redemption
-1365-1center for a dealer served by the distributor at least weekly,
2or when the distributor delivers the beverage product if
3deliveries are less frequent than weekly, any empty beverage
4container of the kind, size, and brand sold by the distributor,
5and shall pay to the participating dealer or redemption center
6the refund value of a beverage container and the reimbursement
7as provided under section 455C.2 within one week following
8pickup of the containers or when the participating dealer
9normally pays the distributor for the deposit on beverage
10products purchased from the distributor if less frequent than
11weekly. A distributor or employee or agent of a distributor is
12not in violation of this subsection if a redemption center is
13closed when the distributor attempts to make a regular pickup
14of empty beverage containers. This subsection does not apply
15to a distributor selling alcoholic liquor to the alcoholic
16beverages division of the department of commerce revenue.
175. The alcoholic beverages division of the department
18of commerce revenue shall provide for the disposal of
19empty beverage containers as required under subsection
202. The division department of revenue shall give priority
21consideration to the recycling of the empty beverage containers
22to the extent possible, before any other appropriate disposal
23method is considered or implemented.
24CONFORMING CHANGES
25 Sec. 2468. Section 7E.5, subsection 1, paragraph c, Code
262023, is amended to read as follows:
27c. The department of revenue, created in section 421.2,
28which has primary responsibility for revenue collection
29and revenue law compliance, the Iowa lottery, and alcoholic
30beverage control.
31 Sec. 2469. Section 421.17, Code 2023, is amended by adding
32the following new subsection:
33 NEW SUBSECTION. 39. Administer chapters 99G and 123.
34 Sec. 2470. REPEAL. Section 546.9, Code 2023, is repealed.
35DIVISION XIII
-1366-1DEPARTMENT FOR THE BLIND
2 Sec. 2471. Section 216B.2, subsection 1, Code 2023, is
3amended to read as follows:
41. The commission for the blind is established consisting
5of three members appointed by the governor, subject to
6confirmation by the senate. Members of the commission shall
7serve three-year terms beginning and ending as provided in
8section 69.19. The members of the commission shall appoint
9officers for the commission. A majority of the members of the
10commission shall constitute a quorum.
11 Sec. 2472. NEW SECTION. 216B.3A Director — duties.
121. The director of the department shall be appointed by
13the governor, subject to confirmation by the senate, and shall
14serve at the pleasure of the governor. The governor shall set
15the salary of the director within the applicable salary range
16established by the general assembly.
172. The director shall be the executive officer of the
18commission and shall be responsible for implementing policy set
19by the commission. The director shall carry out programs and
20policies as determined by the commission.
21 Sec. 2473. Section 216B.5, Code 2023, is amended to read as
22follows:
23216B.5 Commission employees.
24The commission may employ staff who shall be qualified by
25experience to assume the responsibilities of the offices. The
26director shall be the administrative officer of the commission
27and shall be responsible for implementing policy set by the
28commission. The director shall carry out programs and policies
29as determined by the commission.
30 Sec. 2474. APPOINTMENT OF DIRECTOR. On or before July 1,
312023, the governor shall appoint a director of the department
32for the blind, effective July 1, 2023, as provided in this
33division of this Act.
34 Sec. 2475. EFFECTIVE DATE. This division of this Act, being
35deemed of immediate importance, takes effect upon enactment.
-1367-1DIVISION XIV
2DEPARTMENT OF EDUCATION
3iowa educational services for the blind and visually impaired
4and iowa school for the DEAF
5 Sec. 2476. Section 70A.14, subsection 3, paragraph c, Code
62023, is amended by striking the paragraph.
7 Sec. 2477. Section 70A.17A, subsection 1, paragraph
8d, subparagraph (3), Code 2023, is amended by striking the
9subparagraph.
10 Sec. 2478. Section 235A.15, subsection 2, paragraph
11c, subparagraph (4), Code 2023, is amended by striking the
12subparagraph.
13 Sec. 2479. NEW SECTION. 256.95 Iowa educational services
14for the blind and visually impaired and Iowa school for the deaf.
15The department shall do all of the following:
161. Administer the Iowa educational services for the blind
17and visually impaired program.
182. Govern the Iowa school for the deaf.
193. Establish a hall of fame for distinguished graduates
20of the Iowa school for the deaf, distinguished graduates of
21the Iowa braille and sight saving school, and distinguished
22participants in the Iowa educational services for the blind and
23visually impaired program.
24 Sec. 2480. NEW SECTION. 256.103 Employees — contracts —
25termination and discharge procedures.
26Sections 279.12 through 279.19 and section 279.27 apply to
27employees of the Iowa school for the deaf, who are licensed
28pursuant to subchapter VII, part 3. In following those
29sections in chapter 279, the references to boards of directors
30of school districts shall be interpreted to apply to the
31department.
32 Sec. 2481. NEW SECTION. 256.104 Students residing on
33state-owned land.
34The department shall pay to the local school boards the
35tuition payments and transportation costs, as otherwise
-1368-1authorized by statutes for the elementary or high school
2education of students residing on land owned by the state and
3under the control of the department. Such payments shall be
4made from moneys appropriated to the department.
5 Sec. 2482. NEW SECTION. 256.105 Transfer of a student to
6the university of Iowa hospitals and clinics.
7The department may send any student of the Iowa school for
8the deaf to the university of Iowa hospitals and clinics for
9treatment and care. The department shall pay the traveling
10expenses of such student, and when necessary the traveling
11expenses of an attendant for the student, out of funds
12appropriated for the use of the department.
13 Sec. 2483. NEW SECTION. 256.107 Administrative rules.
14The state board shall adopt rules pursuant to chapter 17A to
15administer this subchapter.
16 Sec. 2484. Section 256B.2, subsection 2, paragraph c, Code
172023, is amended to read as follows:
18c. For those children who cannot adapt to the regular
19educational or home living conditions, and who are attending
20facilities under chapters chapter 263, 269, and 270 or chapter
21256, subchapter V, upon the request of the board of directors
22of an area education agency, the department of human services
23shall provide residential or detention facilities and the area
24education agency shall provide special education programs and
25services. The area education agencies shall cooperate with
26the board of regents department of education to provide the
27services required by this chapter.
28 Sec. 2485. Section 256B.3, subsection 9, Code 2023, is
29amended to read as follows:
309. To cooperate with existing agencies such as the
31department of human services, the Iowa department of public
32health, the Iowa school for the deaf, the Iowa braille and
33sight saving school, the children’s hospitals, or other
34agencies concerned with the welfare and health of children
35requiring special education in the coordination of their
-1369-1educational activities for such children.
2 Sec. 2486. 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
5 Iowa school for the deaf, the area education agencies, school
6districts, and the early hearing detection and intervention
7program in the Iowa department of public health for purposes
8of coordinating, developing, and disseminating resources for
9use by parents or guardians, early hearing detection and
10intervention programs, the state Iowa school for the deaf,
11area education agencies, school districts, and accredited
12nonpublic schools to inform deaf and hard-of-hearing children’s
13expressive and receptive language acquisition or development.
14 Sec. 2487. Section 256B.10, subsection 1, paragraph b,
15unnumbered paragraph 1, Code 2023, is amended to read as
16follows:
17The duties of the department of education shall, at a
18minimum, include all of the following:
19 Sec. 2488. Section 256B.10, subsection 3, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21The department of education, in consultation with the state
22 Iowa school for the deaf, the area education agencies, school
23districts, and the early hearing detection and intervention
24program in the Iowa department of public health, shall select
25existing tools or assessments that may be used by qualified
26educators to assess American sign language and English language
27and literacy development of deaf and hard-of-hearing children
28from birth through age eight.
29 Sec. 2489. Section 256B.10, subsections 4 and 7, Code 2023,
30are amended to read as follows:
314. The department of education shall disseminate the parent
32resource developed pursuant to this section to parents and
33guardians of deaf and hard-of-hearing children and, consistent
34with federal law, shall disseminate the educator tools and
35assessments selected pursuant to subsection 3 to early hearing
-1370-1detection and intervention programs, area education agencies,
2school districts, accredited nonpublic schools, and the
3state Iowa school for the deaf for use in the development and
4modification of individualized family service or individualized
5education program plans, and shall provide materials and
6training on the use of such materials to assist deaf and
7hard-of-hearing children in kindergarten readiness using
8American sign language or English, or both, from birth through
9age eight.
107. The department of education shall annually compile,
11and publish on the department’s internet site, a report using
12existing data reported in compliance with the state performance
13plan on pupils with disabilities, required under federal law,
14that is specific to language and literacy development in deaf
15and hard-of-hearing children from birth through age eight,
16including those children who are deaf or hard of hearing and
17have other disabilities, relative to the children’s peers who
18are not deaf or hard of hearing.
19 Sec. 2490. Section 256B.10, subsection 5, paragraphs a, b,
20and e, Code 2023, are amended to read as follows:
21a. If moneys are appropriated by the general assembly for
22a fiscal year for the purpose provided in this subsection,
23the department of education shall develop guidelines for a
24comprehensive family support mentoring program that meets the
25language and communication needs of families.
26b. The department of education shall work with the early
27hearing detection and intervention program in the Iowa
28department of public health, the state Iowa school for the
29deaf, and the area education agencies when developing the
30guidelines. The department of education, in consultation with
31the Iowa school for the deaf, shall administer the family
32support mentoring program for deaf or hard-of-hearing children.
33e. The department of education shall coordinate family
34support mentoring activities with the early hearing detection
35and intervention program in the Iowa department of public
-1371-1health, the state Iowa school for the deaf, the area education
2agencies, and nonprofit organizations that provide family
3support mentoring to parents with deaf or hard-of-hearing
4children.
5 Sec. 2491. Section 256B.10, subsection 5, paragraph d,
6unnumbered paragraph 1, Code 2023, is amended to read as
7follows:
8In establishing the family support mentoring program, the
9department of education may do all of the following:
10 Sec. 2492. Section 261E.2, subsection 8, Code 2023, is
11amended to read as follows:
128. “Student” means any individual enrolled in grades nine
13through twelve in a school district who meets the criteria in
14section 261E.3, subsection 1. “Student” includes an individual
15attending an accredited nonpublic school or the Iowa school
16for the deaf or the Iowa braille and sight saving school for
17purposes of sections 261E.4 and 261E.6.
18 Sec. 2493. Section 261E.6, subsections 3, 4, and 6, Code
192023, are amended to read as follows:
203. Authorization. To participate in this program, an
21eligible student shall make application to an eligible
22postsecondary institution to allow the eligible student to
23enroll for college credit in a nonsectarian course offered at
24the institution. A comparable course, as defined in rules
25adopted by the board of directors of the school district
26consistent with department administrative rule, must not be
27offered by the school district or accredited nonpublic school
28the student attends. A course is ineligible for purposes
29of this section if the school district has a contractual
30agreement with the eligible postsecondary institution under
31section 261E.8 that meets the requirements of section 257.11,
32subsection 3, and the course may be delivered through such an
33agreement in accordance with section 257.11, subsection 3.
34If the postsecondary institution accepts an eligible student
35for enrollment under this section, the institution shall send
-1372-1written notice to the student, the student’s parent or legal
2guardian in the case of a minor child, and the student’s school
3district or accredited nonpublic school and the school district
4in the case of a nonpublic school student, or the Iowa school
5for the deaf or the Iowa braille and sight saving school. The
6notice shall list the course, the clock hours the student will
7be attending the course, and the number of hours of college
8credit that the eligible student will receive from the eligible
9postsecondary institution upon successful completion of the
10course.
114. Credits.
12a. A school district, the Iowa school for the deaf, the
13Iowa braille and sight saving school, or accredited nonpublic
14school shall grant high school credit to an eligible student
15enrolled in a course under this chapter if the eligible student
16successfully completes the course as determined by the eligible
17postsecondary institution. The board of directors of the
18school district, the board of regents department of education
19 for the Iowa school for the deaf and the Iowa braille and
20sight saving school, or authorities in charge of an accredited
21nonpublic school shall determine the number of high school
22credits that shall be granted to an eligible student who
23successfully completes a course. Eligible students may take
24up to seven semester hours of credit during the summer months
25when school is not in session and receive credit for that
26attendance, if the student pays the cost of attendance for
27those summer credit hours.
28b. The high school credits granted to an eligible
29student under this section shall count toward the graduation
30requirements and subject area requirements of the school
31district of residence, the Iowa school for the deaf, the Iowa
32braille and sight saving school, or accredited nonpublic school
33of the eligible student. Evidence of successful completion
34of each course and high school credits and college credits
35received shall be included in the student’s high school
-1373-1transcript.
26. Definition. For purposes of this section and section
3261E.7, unless the context otherwise requires, “eligible
4student” means a student classified by the board of directors
5of a school district, by the state board of regents department
6of education for pupils of the Iowa school for the deaf and the
7Iowa braille and sight saving school, or by the authorities
8in charge of an accredited nonpublic school as a ninth or
9tenth grade student who is identified according to the school
10district’s gifted and talented criteria and procedures,
11pursuant to section 257.43, as a gifted and talented child,
12or an eleventh or twelfth grade student, during the period
13the student is participating in the postsecondary enrollment
14options program.
15 Sec. 2494. Section 261E.7, subsection 1, unnumbered
16paragraph 1, Code 2023, is amended to read as follows:
17Not later than June 30 of each year, a school district
18shall pay a tuition reimbursement amount to a postsecondary
19institution that has enrolled its resident eligible
20students under this chapter, unless the eligible student is
21participating in open enrollment under section 282.18, in which
22case, the tuition reimbursement amount shall be paid by the
23receiving district. However, if a child’s residency changes
24during a school year, the tuition shall be paid by the district
25in which the child was enrolled as of the date specified in
26section 257.6, subsection 1, or the district in which the child
27was counted under section 257.6, subsection 1, paragraph “a”,
28subparagraph (6). For students enrolled at the Iowa school
29for the deaf and the Iowa braille and sight saving school,
30the state board of regents department of education shall pay
31a tuition reimbursement amount by June 30 of each year. The
32amount of tuition reimbursement for each separate course shall
33equal the lesser of:
34 Sec. 2495. Section 262.7, subsections 4 and 5, Code 2023,
35are amended by striking the subsections.
-1374-1 Sec. 2496. Section 262.9, subsection 2, Code 2023, is
2amended to read as follows:
32. Elect a president of each of the institutions of higher
4learning; a superintendent of each of the other institutions;
5 a treasurer and a secretarial officer for each institution
6annually; professors, instructors, officers, and employees;
7and fix their compensation. Sections 279.12 through 279.19
8 and section 279.27 apply to employees of the Iowa braille and
9sight saving school and the Iowa school for the deaf, who are
10licensed pursuant to chapter 272. In following those sections
11in chapter 279, the references to boards of directors of
12school districts shall be interpreted to apply to the board of
13regents.
14 Sec. 2497. Section 262.9, subsection 21, Code 2023, is
15amended by striking the subsection.
16 Sec. 2498. Section 262.43, Code 2023, is amended to read as
17follows:
18262.43 Students residing on state-owned land.
19The state board of regents shall pay to the local school
20boards the tuition payments and transportation costs, as
21otherwise authorized by statutes for the elementary or high
22school education of students residing on land owned by the
23state and under the control of the state board of regents.
24Such payments for the three institutions of higher learning,
25the state university of Iowa, the Iowa state university of
26science and technology, and the university of northern Iowa,
27shall be made from the funds of the respective institutions
28other than state appropriations, and for the two noncollegiate
29institutions, the Iowa braille and sight saving school and the
30Iowa school for the deaf, the payments and costs shall be paid
31from moneys appropriated to the state board of regents.
32 Sec. 2499. Section 263.21, Code 2023, is amended to read as
33follows:
34263.21 Transfer of patients from state institutions.
35The director of the department of human services, in respect
-1375-1to institutions under the director’s control, the administrator
2of any of the divisions of the department, in respect to
3the institutions under the administrator’s control, and the
4director of the department of corrections, in respect to the
5institutions under the department’s control, and the state
6board of regents, in respect to the Iowa braille and sight
7saving school and the Iowa school for the deaf, may send any
8inmate, student, or patient of an institution, or any person
9committed or applying for admission to an institution, to the
10university of Iowa hospitals and clinics for treatment and
11care. The department of human services, and the department of
12corrections, and the state board of regents shall respectively
13pay the traveling expenses of such patient, and when necessary
14the traveling expenses of an attendant for the patient, out of
15funds appropriated for the use of the institution from which
16the patient is sent.
17 Sec. 2500. Section 269.1, Code 2023, is amended by striking
18the section and inserting in lieu thereof the following:
19269.1 Iowa educational services for the blind and visually
20impaired program.
21Any resident of the state under twenty-one years of age who
22is blind or visually impaired shall be entitled to receive the
23services of the Iowa educational services for the blind and
24visually impaired program. The department shall coordinate
25with area education agencies and school districts on the
26provision of these services for any eligible student.
27 Sec. 2501. Section 270.3, Code 2023, is amended to read as
28follows:
29270.3 Admission — Iowa school for the deaf.
30Any resident of the state less than twenty-one years of
31age who has a hearing loss which is too severe to acquire an
32education in the public schools is eligible to attend the Iowa
33school for the deaf. Nonresidents similarly situated may be
34admitted to an education therein the Iowa school for the deaf
35 upon such terms as may be fixed by the state board of regents
-1376-1 department. The fee for nonresidents shall be set by the state
2board of regents department.
3 Sec. 2502. Section 270.4, Code 2023, is amended to read as
4follows:
5270.4 Clothing and prescriptions.
6The superintendent of the Iowa school for the deaf shall
7provide students, who would otherwise be without, with clothing
8or prescription refills, and shall bill the student’s parent
9or guardian, if the student is a minor, or the student if the
10student has attained the age of majority, for any clothing or
11prescription refills provided. The bill shall be presumptive
12evidence in all courts.
13 Sec. 2503. Section 270.8, Code 2023, is amended to read as
14follows:
15270.8 Residence during vacation.
16The residence of indigent or homeless children may, by order
17of the state board of regents department, be continued during
18vacation months.
19 Sec. 2504. Section 270.9, Code 2023, is amended to read as
20follows:
21270.9 Iowa school for the deaf and the Iowa braille and sight
22saving school — transportation reimbursement.
23Funds appropriated to the Iowa school for the deaf and
24the Iowa braille and sight saving school for payments to the
25parents or guardians of pupils in either that institution shall
26be expended as follows:
271. Transportation reimbursement at a rate established
28annually by the state board of regents department to the
29parents or guardians of children who do not reside in the
30institution, but are transported to the institution on a daily
31basis.
322. Transportation reimbursement at a rate established
33annually by the state board of regents department to the
34parents or guardians for transportation from the institution
35to the residence of the parent or guardian and return to the
-1377-1institution for children who reside in the institution.
2 Sec. 2505. Section 270.10, Code 2023, is amended to read as
3follows:
4270.10 Merger Closure requirements.
51. The state board of regents department shall not merge
6 close the Iowa school for the deaf at Council Bluffs with the
7Iowa braille and sight saving school at Vinton or close either
8of those institutions until all of the following requirements
9have been met:
10a. 1. The department of management has presented to the
11general assembly a comprehensive plan, program, and fiscal
12analysis of the existing circumstances and the circumstances
13which would prevail upon the proposed merger or closing,
14together with data which would support the contention that the
15merger or closing will be more efficient and effective than
16continuation of the existing facilities facility. The analysis
17shall include a detailed study of the educational implications
18of the merger or closing, the impact on the students, and
19the opinions and research of nationally recognized experts
20in the field of the education of visually impaired and deaf
21or hard-of-hearing students. The comprehensive plan shall
22further include a study relating to the programming, fiscal
23consequences, and political implications which would result if
24either a merger or an agreement under chapter 28E should be
25implemented between the Iowa school for the deaf in Council
26Bluffs and comparable state programs in the state of Nebraska.
27b. 2. The general assembly has studied the plans, programs,
28and fiscal analysis and has reviewed their impact on the
29programs.
30c. 3. The general assembly has enacted legislation
31authorizing either the closing or the merger to take effect not
32sooner than two years after the enactment of the legislation.
332. This section shall not apply to an agreement related to
34the sale or transfer of the property of the Iowa braille and
35sight saving school at Vinton entered into between the state
-1378-1of Iowa and the city of Vinton.
2 Sec. 2506. Section 280.16, subsection 7, Code 2023, is
3amended to read as follows:
47. The Iowa braille and sight saving school, the Iowa school
5for the deaf, and the institutions under the control of the
6department of human services as provided in section 218.1 are
7exempt from the provisions of this section.
8 Sec. 2507. Section 321.1, subsection 8, paragraph i, Code
92023, is amended to read as follows:
10i. If authorized to transport students or clients by the
11superintendent of the Iowa braille and sight saving school
12or of the Iowa school for the deaf, or the superintendent’s
13respective designee, an employee of the Iowa braille and
14sight saving school or the Iowa school for the deaf is not a
15chauffeur when transporting the students or clients.
16 Sec. 2508. Section 331.381, subsection 9, Code 2023, is
17amended to read as follows:
189. Comply with chapters 269 and 270 chapter 256, subchapter
19V, in regard to the payment of costs for pupils at the Iowa
20braille and sight saving school and the Iowa school for the
21deaf.
22 Sec. 2509. Section 331.424, subsection 1, paragraph a,
23subparagraph (1), subparagraph division (b), Code 2023, is
24amended to read as follows:
25(b) Clothing, transportation, medical, or other services
26provided persons attending the Iowa braille and sight saving
27school, the Iowa school for the deaf, or the university of Iowa
28hospitals and clinics’ center for disabilities and development
29for children with severe disabilities at Iowa City, for which
30the county becomes obligated to pay pursuant to sections
31263.12, 269.2, and 270.4.
32 Sec. 2510. Section 331.552, subsection 13, Code 2023, is
33amended to read as follows:
3413. Make transfer payments to the state for school expenses
35for blind and deaf and hard-of-hearing children and support of
-1379-1persons with mental illness as provided in sections section
2 230.21 and 269.2.
3 Sec. 2511. Section 483A.24, subsection 7, Code 2023, is
4amended to read as follows:
57. A license shall not be required of minor pupils of
6the Iowa braille and sight saving school, Iowa school for
7the deaf, or of minor residents of other state institutions
8under the control of an administrator of a division of the
9department of human services. In addition, a person who is
10on active duty with the armed forces of the United States,
11on authorized leave from a duty station located outside of
12this state, and a resident of the state of Iowa shall not be
13required to have a license to hunt or fish in this state. The
14military person shall carry the person’s leave papers and a
15copy of the person’s current earnings statement showing a
16deduction for Iowa income taxes while hunting or fishing. In
17lieu of carrying the person’s earnings statement, the military
18person may also claim residency if the person is registered to
19vote in this state. If a deer or wild turkey is taken, the
20military person shall immediately contact a state conservation
21officer to obtain an appropriate tag to transport the animal.
22A license shall not be required of residents of county care
23facilities or any person who is receiving supplementary
24assistance under chapter 249.
25 Sec. 2512. REPEAL. Section 269.2, Code 2023, is repealed.
26 Sec. 2513. CODE EDITOR DIRECTIVE.
271. The Code editor is directed to make the following
28transfers:
29a. Section 256B.10 to section 256.106.
30b. Section 269.1 to section 256.96.
31c. Section 270.1 to section 256.98.
32d. Section 270.3 to section 256.97.
33e. Section 270.4 to section 256.99.
34f. Section 270.8 to section 256.100.
35g. Section 270.9 to section 256.101.
-1380- 1h. Section 270.10 to section 256.102.
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.
53. The Code editor may designate sections 256.95 through
6256.107, as amended or enacted in this division of this Act, as
7new subchapter V within chapter 256, entitled “Iowa educational
8services for the blind and visually impaired program and Iowa
9school for the deaf”.
10 Sec. 2514. TRANSITION PROVISIONS.
111. The property and records in the custody of the state
12board of regents relating to the Iowa braille and sight saving
13school, the Iowa school for the deaf, the hall of fame for
14distinguished graduates at the Iowa braille and sight saving
15school, and the hall of fame for distinguished graduates at the
16Iowa school for the deaf shall be transferred to the department
17of education.
182. All employees of the Iowa school for the deaf established
19pursuant to chapter 270 shall be considered employees of the
20department of education on the effective date of this division
21of this Act without incurring any loss in salary, benefits, or
22accrued years of service.
23INNOVATION DIVISION
24 Sec. 2515. Section 268.7, Code 2023, is amended to read as
25follows:
26268.7 Science, Innovation division — science, technology,
27engineering, and mathematics collaborative initiative.
281. The innovation division of the department of education
29is created. The chief administrative officer of the division
30is the administrator who shall be a highly qualified science,
31technology, engineering, and mathematics advocate and shall be
32appointed by the director.
332. The administrator shall do all of the following:
34a. Direct and organize the activities of the division,
35including the science, technology, engineering, and mathematics
-1381-1collaborative initiative created in subsection 3.
2b. Control all property of the division.
3c. Perform other duties imposed by law.
41. 3. A science, technology, engineering, and mathematics
5collaborative initiative is established at the university of
6northern Iowa within the innovation division for purposes
7of supporting activities directly related to recruitment of
8prekindergarten through grade twelve mathematics and science
9teachers for ongoing mathematics and science programming for
10students enrolled in prekindergarten through grade twelve.
112. 4. The collaborative initiative shall prioritize
12student interest in achievement in science, technology,
13engineering, and mathematics; reach every student and teacher
14in every school district in the state; identify, recruit,
15prepare, and support the best mathematics and science teachers;
16and sustain exemplary programs through the university’s Iowa
17mathematics and science education partnership. The university
18 innovation division shall collaborate with the community
19colleges to develop science, technology, engineering, and
20mathematics professional development programs for community
21college instructors and for purposes of science, technology,
22engineering, and mathematics curricula development.
233. 5. Subject to an appropriation of funds moneys by the
24general assembly, the initiative innovation division shall
25administer the following:
26a. Regional science, technology, engineering, and
27mathematics networks for Iowa, the purpose of which is to
28equalize science, technology, engineering, and mathematics
29education enrichment opportunities available to learners
30statewide. The initiative innovation division shall establish
31six geographically similar regional science, technology,
32engineering, and mathematics networks across Iowa that
33complement and leverage existing resources, including but
34not limited to extension service assets, area education
35agencies, state accredited postsecondary institutions,
-1382-1informal educational centers, school districts, economic
2development zones, and existing public and private science,
3technology, engineering, and mathematics partnerships. Each
4network shall be managed by a highly qualified science,
5technology, engineering, and mathematics advocate positioned
6at a network hub to be determined through a competitive
7application process. Oversight for each regional network
8shall be provided by a regional advisory board. Members of
9the board shall be appointed by the governor. The membership
10shall represent prekindergarten through grade twelve school
11districts and schools, and higher education, business,
12nonprofit organizations, youth agencies, and other appropriate
13stakeholders.
14b. A focused array of the best science, technology,
15engineering, and mathematics enrichment opportunities, selected
16through a competitive application process, that can be expanded
17to meet future needs. A limited, focused list of selected
18exemplary programs shall be made available to each regional
19network.
20c. Statewide science, technology, engineering, and
21mathematics programming designed to increase participation of
22students and teachers in successful learning experiences; to
23increase the number of science, technology, engineering, and
24mathematics-related teaching majors offered by the state’s
25universities; to elevate public awareness of the opportunities;
26and to increase collaboration and partnerships.
274. 6. The initiative innovation division shall evaluate the
28effectiveness of programming to document best practices.
297. The state board shall adopt rules pursuant to chapter 17A
30to administer this section.
31 Sec. 2516. CODE EDITOR DIRECTIVE.
321. The Code editor is directed to make the following
33transfer:
34Section 268.7 to section 256.111.
352. The Code editor shall correct internal references in the
-1383-1Code and in any enacted legislation as necessary due to the
2enactment of this section.
33. The Code editor may designate section 256.111, as enacted
4in this division of this Act, as new subchapter VI within
5chapter 256, entitled “Innovation Division”.
6 Sec. 2517. TRANSITION PROVISIONS.
71. The property and records in the custody of the state
8board of regents or the university of northern Iowa relating
9to the science, technology, engineering, and mathematics
10collaborative initiative shall be transferred to the department
11of education on or before the effective date of this division
12of this Act.
132. All employees of the university of northern Iowa whose
14primary workplace is located at the university of northern Iowa
15under the science, technology, engineering, and mathematics
16collaborative initiative established pursuant to section 268.7
17shall be considered employees of the innovation division of the
18department of education on the effective date of this division
19of this Act without incurring any loss in salary, benefits, or
20accrued years of service.
213. The state board of regents and the university of
22northern Iowa shall assist the department of education in
23implementing this division of this Act by providing for an
24effective transition of powers and duties from one entity
25to another under section 268.7, chapters 256 and 262, and
26related administrative rules. To the extent requested by
27the department of education, such assistance shall include
28assisting in cooperating with federal agencies such as the
29United States department of education.
304. Any contract issued or entered into by the state board
31of regents or the university of northern Iowa relating to the
32provisions of section 268.7, in effect on the effective date
33of this division of this Act, shall continue in full force and
34effect pending transfer of such contract to the innovation
35division of the department of education.
-1384- 15. Federal funds utilized by the state board of regents or
2the university of northern Iowa prior to the effective date of
3this division of this Act to employ personnel necessary for
4the administration of the science, technology, engineering,
5and mathematics collaborative initiative established pursuant
6to section 268.7 shall be applied to and be available for the
7transfer of such personnel from the state board of regents or
8the university of northern Iowa to the innovation division of
9the department of education.
10HIGHER EDUCATION DIVISION AND MISCELLANEOUS CHANGES
11 Sec. 2518. Section 256.1, subsection 1, Code 2023, is
12amended by adding the following new paragraphs:
13 NEW PARAGRAPH. g. The Iowa educational services for the
14blind and visually impaired program.
15 NEW PARAGRAPH. h. The Iowa school for the deaf.
16 NEW PARAGRAPH. i. The science, technology, engineering,
17and mathematics collaborative initiative within the innovation
18division of the department.
19 NEW PARAGRAPH. j. The college student aid commission within
20the higher education division of the department.
21 NEW PARAGRAPH. k. The board of educational examiners within
22the higher education division of the department.
23 NEW PARAGRAPH. l. Career and technical education programs
24offered by school districts or community colleges.
25 Sec. 2519. Section 256.7, unnumbered paragraph 1, Code
262023, is amended to read as follows:
27Except for the college student aid commission, the
28commission of libraries and division of library services,
29 higher education division; the bureaus, boards, and commissions
30within the higher education division; and the public
31broadcasting board and division, the state board shall:
32 Sec. 2520. Section 256.9, unnumbered paragraph 1, Code
332023, is amended to read as follows:
34Except for the college student aid commission, the
35commission of libraries and division of library services,
-1385-1 higher education division; the bureaus, boards, and commissions
2within the higher education division; and the public
3broadcasting board and division, the director shall:
4 Sec. 2521. NEW SECTION. 256.121 Higher education division
5created.
61. The higher education division of the department of
7education is created. The chief administrative officer of the
8division is the administrator who shall be appointed by the
9director.
102. The administrator shall do all of the following:
11a. Administer and coordinate all of the following bureaus,
12boards, and commissions within the higher education division:
13(1) The community colleges and post-secondary readiness
14bureau under part 2.
15(2) The board of educational examiners under part 3.
16(3) The college student aid commission under part 4.
17(4) The community colleges bureau under chapter 260C.
18b. Direct and organize the activities of the division.
19c. Control all property of the division.
20d. Hire and control the personnel employed by the division.
21e. Perform other duties imposed by law.
22 Sec. 2522. CODE EDITOR DIRECTIVE. The Code editor may
23designate section 256.121 as new subchapter VII within chapter
24256, entitled “Higher Education Division”, and new part 1
25within new subchapter VII entitled “General Provisions”.
26COMMUNITY COLLEGES AND POST-SECONDARY READINESS BUREAU
27 Sec. 2523. Section 256.7, subsection 2, Code 2023, is
28amended to read as follows:
292. Constitute the state board for career and technical
30education under chapter 258 subchapter VII, part 2.
31 Sec. 2524. Section 256.11, subsection 5, paragraph h,
32subparagraph (2), Code 2023, is amended to read as follows:
33(2) Instructional programs provided under subparagraph (1)
34shall comply with the provisions of chapter 258 subchapter VII,
35part 2, relating to career and technical education, and shall
-1386-1be articulated with postsecondary programs of study and include
2field, laboratory, or on-the-job training. Each sequential
3unit shall contain a portion of a career and technical
4education program approved by the department. Standards for
5instructional programs shall include but not be limited to new
6and emerging technologies; job-seeking, job-adaptability, and
7other employment, self-employment and entrepreneurial skills
8that reflect current industry standards and labor-market needs;
9and reinforcement of basic academic skills.
10 Sec. 2525. Section 257.51, subsection 3, Code 2023, is
11amended to read as follows:
123. The department of education shall adopt rules to
13establish and administer a career academy grant program
14to provide for the allocation of money in the fund in
15the form of competitive grants, not to exceed one million
16dollars per grant, to school corporations for career academy
17infrastructure, career academy equipment, or both, in
18accordance with the goals of this section and to further the
19goals of the establishment and operation of career academies
20under section 258.15. The rules adopted by the department
21of education shall specify the eligibility of applicants
22and eligible items for grant funding. Priority for grants
23shall first be given to applications to establish new career
24academies that are organized as regional centers pursuant to
25chapter 258 256, subchapter VII, part 2. Subsequent priority
26shall be given to applications for expanding existing career
27academies.
28 Sec. 2526. Section 258.3, Code 2023, is amended to read as
29follows:
30258.3 Personnel Community colleges and post-secondary
31readiness bureau — personnel.
32The director of the department of education shall appoint
33the bureau chief of the community colleges and post-secondary
34readiness bureau, and the bureau chief shall direct the work of
35personnel as necessary to carry out this chapter part.
-1387-1 Sec. 2527. Section 258.3A, subsection 3, Code 2023, is
2amended to read as follows:
33. Adopt rules prescribing standards for approval of school
4district career and technical education programs; and community
5colleges with career and technical education programs; and
6practitioner preparation schools, departments, and classes,
7applying for federal and state moneys under this chapter part.
8 Sec. 2528. Section 258.4, subsection 10, Code 2023, is
9amended to read as follows:
1010. Notwithstanding the accreditation process contained
11in section 256.11, permit school districts that provide a
12program which does not meet the standards for accreditation
13for career and technical education to cooperate with the
14regional career and technical education planning partnership
15and contract for an approved program under this chapter part
16 without losing accreditation. A school district that fails
17to cooperate with the regional career and technical education
18planning partnership and contract for an approved program
19shall, however, be subject to section 256.11.
20 Sec. 2529. Section 258.6, Code 2023, is amended to read as
21follows:
22258.6 Definitions.
23As used in this chapter part:
241. “Approved career and technical education program” means
25a career and technical education program offered by a school
26district or community college and approved by the department
27 bureau which meets the standards for career and technical
28education programs adopted by the state board under this
29chapter part.
302. “Approved practitioner preparation school, department,
31or class” means a school, department, or class approved by the
32state board as entitled under this chapter part to federal
33moneys for the training of teachers of career and technical
34education subjects.
353. “Approved regional career and technical education
-1388-1planning partnership” means a regional entity that meets the
2standards for regional career and technical education planning
3partnerships adopted by the state board pursuant to section
4258.3A and section 258.14.
54. “Career academy” means a career academy established under
6section 258.15.
75. “Career and technical education service area” means
8any one of the service areas specified in section 256.11,
9subsection 5, paragraph “h”.
106. “Department” means the department of education.
117. “Director” means the director of the department of
12education.
138. 6. “Sector partnership” means a regional industry sector
14partnership established pursuant to section 260H.7B.
159. 7. “State board” means the state board for career and
16technical education as provided in section 258.2.
1710. 8. “Work-based learning” means opportunities and
18experiences that include but are not limited to tours, job
19shadowing, rotations, mentoring, entrepreneurship, service
20learning, internships, and apprenticeships.
2111. 9. “Work-based learning intermediary network” means the
22statewide work-based learning intermediary network established
23pursuant to section 256.40.
24 Sec. 2530. Section 258.9, subsection 1, Code 2023, is
25amended to read as follows:
261. The board of directors of a school district or community
27college that maintains a career and technical education
28program receiving federal or state funds under this chapter
29 part shall, as a condition of approval by the state board,
30appoint a local advisory council for each career and technical
31education program offered by the school district or community
32college. However, a school district and a community college
33that maintain a career and technical education program
34receiving federal or state funds may create a joint local
35advisory council. The membership of each local advisory
-1389-1council shall consist of public members with expertise in
2the occupation or occupational field related to the career
3and technical education program. The local advisory council
4shall give advice and assistance to the board of directors,
5administrators, and instructors in the establishment and
6maintenance of the career and technical education program.
7 Sec. 2531. Section 258.11, Code 2023, is amended to read as
8follows:
9258.11 Salary and expenses for administration.
10The director may make expenditures for salaries and other
11expenses as necessary to the proper administration of this
12chapter part.
13 Sec. 2532. Section 260C.14, subsection 1, Code 2023, is
14amended to read as follows:
151. Determine the curriculum to be offered in such school or
16college subject to approval of the director and ensure that all
17career and technical education offerings are competency-based,
18provide any minimum competencies required by the department
19of education, comply with any applicable requirements in
20chapter 258 256, subchapter VII, part 2, and are articulated
21with local school district career and technical education
22programs. If an existing private educational institution or an
23existing vocational institution offering a career and technical
24education program within the merged area has facilities and
25curriculum of adequate size and quality which would duplicate
26the functions of the area school, the board of directors shall
27discuss with the institution the possibility of entering into
28contracts to have the existing institution offer facilities
29and curriculum to students of the merged area. The board of
30directors shall consider any proposals submitted by the private
31institution for providing such facilities and curriculum. The
32board of directors may enter into such contracts. In approving
33curriculum, the director shall ascertain that all courses
34and programs submitted for approval are needed and that the
35curriculum being offered by an area school does not duplicate
-1390-1programs provided by existing public or private facilities in
2the area. In determining whether duplication would actually
3exist, the director shall consider the needs of the area
4and consider whether the proposed programs are competitive
5as to size, quality, tuition, purposes, and area coverage
6with existing public and private educational or vocational
7institutions within the merged area. If the board of directors
8of the merged area chooses not to enter into contracts with
9private institutions under this subsection, the board shall
10submit a list of reasons why contracts to avoid duplication
11were not entered into and an economic impact statement relating
12to the board’s decision.
13 Sec. 2533. Section 598.21B, subsection 2, paragraph e,
14subparagraph (1), subparagraph division (c), Code 2023, is
15amended to read as follows:
16(c) The parent is attending a career and technical education
17program approved pursuant to chapter 258 256, subchapter VII,
18part 2.
19 Sec. 2534. EMERGENCY RULES. The state board of education
20may adopt emergency rules under section 17A.4, subsection 3,
21and section 17A.5, subsection 2, paragraph “b”, to implement
22the provisions of this division of this Act pertaining to the
23community colleges and post-secondary readiness bureau and
24the rules shall be effective immediately upon filing unless
25a later date is specified in the rules. Any rules adopted
26in accordance with this section shall also be published as a
27notice of intended action as provided in section 17A.4.
28 Sec. 2535. CODE EDITOR DIRECTIVE.
291. The Code editor is directed to make the following
30transfers:
31a. Section 258.1 to section 256.126.
32b. Section 258.2 to section 256.127.
33c. Section 258.3 to section 256.128.
34d. Section 258.3A to section 256.129.
35e. Section 258.4 to section 256.130.
-1391- 1f. Section 258.5 to section 256.131.
2g. Section 258.6 to section 256.125.
3h. Section 258.9 to section 256.132.
4i. Section 258.10 to section 256.133.
5j. Section 258.11 to section 256.134.
6k. Section 258.12 to section 256.135.
7l. Section 258.14 to section 256.136.
8m. Section 258.15 to section 256.137.
92. The Code editor shall correct internal references in the
10Code and in any enacted legislation as necessary due to the
11enactment of this section.
123. The Code editor may designate sections 256.125 through
13256.137, as amended or enacted in this division of this Act,
14as new part 2 entitled “Community Colleges and Post-Secondary
15Readiness Bureau” within the subchapter entitled “Higher
16Education Division” as enacted by another division of this Act.
17 Sec. 2536. TRANSITION PROVISIONS.
181. Any contract issued or entered into by the state board
19of education or the department of education relating to the
20provisions of chapter 258, in effect on the effective date
21of this division of this Act, shall continue in full force
22and effect pending transfer of such contract to the higher
23education division of the department of education.
242. All employees of the department of education who work
25under the career and technical education program established
26pursuant to chapter 258 shall be considered employees of the
27community colleges and post-secondary readiness bureau of the
28higher education division of the department of education on the
29effective date of this division of this Act without incurring
30any loss in salary, benefits, or accrued years of service.
31BOARD OF EDUCATIONAL EXAMINERS
32 Sec. 2537. Section 20.17, subsection 10, paragraph a, Code
332023, is amended to read as follows:
34a. In the absence of an impasse agreement negotiated
35pursuant to section 20.19 which provides for a different
-1392-1completion date, public employees represented by a certified
2employee organization who are teachers licensed under chapter
3272 256, subchapter VII, part 3, and who are employed by a
4public employer which is a school district or area education
5agency shall complete the negotiation of a proposed collective
6bargaining agreement not later than May 31 of the year
7when the agreement is to become effective. The board shall
8provide, by rule, a date on which impasse items in such cases
9must be submitted to binding arbitration and for such other
10procedures as deemed necessary to provide for the completion
11of negotiations of proposed collective bargaining agreements
12not later than May 31. The date selected for the mandatory
13submission of impasse items to binding arbitration in such
14cases shall be sufficiently in advance of May 31 to ensure that
15the arbitrator’s award can be reasonably made by May 31.
16 Sec. 2538. Section 20.19, subsection 1, Code 2023, is
17amended to read as follows:
181. As the first step in the performance of their duty to
19bargain, the public employer and the employee organization
20shall endeavor to agree upon impasse procedures. Such
21agreement shall provide for implementation of these impasse
22procedures not later than one hundred twenty days prior to
23the certified budget submission date of the public employer.
24However, if public employees represented by the employee
25organization are teachers licensed under chapter 272 256,
26subchapter VII, part 3, and the public employer is a school
27district or area education agency, the agreement shall provide
28for implementation of impasse procedures not later than one
29hundred twenty days prior to May 31 of the year when the
30collective bargaining agreement is to become effective. If the
31public employer is a community college, the agreement shall
32provide for implementation of impasse procedures not later than
33one hundred twenty days prior to May 31 of the year when the
34collective bargaining agreement is to become effective. If
35the public employer is not subject to the budget certification
-1393-1requirements of section 24.17 and other applicable sections,
2the agreement shall provide for implementation of impasse
3procedures not later than one hundred twenty days prior
4to the date the next fiscal or budget year of the public
5employer commences. If the parties fail to agree upon impasse
6procedures under the provisions of this section, the impasse
7procedures provided in sections 20.20 and 20.22 shall apply.
8 Sec. 2539. Section 20.20, Code 2023, is amended to read as
9follows:
1020.20 Mediation.
11In the absence of an impasse agreement negotiated pursuant
12to section 20.19 or the failure of either party to utilize its
13procedures, one hundred twenty days prior to the certified
14budget submission date, or one hundred twenty days prior to
15May 31 of the year when the collective bargaining agreement
16is to become effective if public employees represented by the
17employee organization are teachers licensed under chapter
18272 256, subchapter VII, part 3, and the public employer is
19a school district or area education agency, the board shall,
20upon the request of either party, appoint an impartial and
21disinterested person to act as mediator. If the public
22employer is a community college, and in the absence of an
23impasse agreement negotiated pursuant to section 20.19 or
24the failure of either party to utilize its procedures, one
25hundred twenty days prior to May 31 of the year when the
26collective bargaining agreement is to become effective, the
27board, upon the request of either party, shall appoint an
28impartial and disinterested person to act as mediator. If the
29public employer is not subject to the budget certification
30requirements of section 24.17 or other applicable sections and
31in the absence of an impasse agreement negotiated pursuant
32to section 20.19, or the failure of either party to utilize
33its procedures, one hundred twenty days prior to the date the
34next fiscal or budget year of the public employer commences,
35the board, upon the request of either party, shall appoint an
-1394-1impartial and disinterested person to act as a mediator. It
2shall be the function of the mediator to bring the parties
3together to effectuate a settlement of the dispute, but the
4mediator may not compel the parties to agree.
5 Sec. 2540. Section 235A.15, subsection 2, paragraph e,
6subparagraph (9), Code 2023, is amended to read as follows:
7(9) To the board of educational examiners created under
8chapter 272 256 for purposes of determining whether a license,
9certificate, or authorization should be issued, denied, or
10revoked.
11 Sec. 2541. Section 235B.6, subsection 2, paragraph e,
12subparagraph (13), Code 2023, is amended to read as follows:
13(13) To the board of educational examiners created under
14chapter 272 256 for purposes of determining whether a license,
15certificate, or authorization should be issued, denied, or
16revoked.
17 Sec. 2542. Section 256.7, subsection 26, paragraph a,
18subparagraph (2), Code 2023, is amended to read as follows:
19(2) The rules shall allow a school district or accredited
20nonpublic school to award high school credit to an enrolled
21student upon the demonstration of required competencies for
22a course or content area, as approved by a teacher licensed
23under chapter 272 subchapter VII, part 3. The school district
24or accredited nonpublic school shall determine the assessment
25methods by which a student demonstrates sufficient evidence of
26the required competencies.
27 Sec. 2543. Section 256.7, subsection 32, paragraph c, Code
282023, is amended to read as follows:
29c. Rules adopted pursuant to this subsection shall require
30that online learning coursework offered by school districts,
31accredited nonpublic schools, and area education agencies be
32rigorous, high-quality, aligned with the Iowa core and core
33content requirements and standards and the national standards
34of quality for online courses issued by an internationally
35recognized association for kindergarten through grade twelve
-1395-1online learning, and taught by a teacher licensed under chapter
2272 subchapter VII, part 3, who has specialized training or
3experience in online learning, including but not limited to an
4online-learning-for-Iowa-educators-professional-development
5project offered by area education agencies, a teacher
6preservice program, or comparable coursework.
7 Sec. 2544. Section 256.9, subsection 55, Code 2023, is
8amended to read as follows:
955. Develop and maintain a list of approved online
10providers that provide course content through an online
11learning platform taught by a teacher licensed under chapter
12272 subchapter VII, part 3, who has specialized training or
13experience in online learning including but not limited to an
14online-learning-for-Iowa-educators-professional-development
15project offered by area education agencies, a teacher
16preservice program, or comparable coursework, and whose online
17learning coursework meets the requirements established by
18rule pursuant to section 256.7, subsection 32, paragraph “c”.
19Providers shall apply for approval annually or as determined
20by the department.
21 Sec. 2545. Section 256.11, subsections 9, 9A, and 9B, Code
222023, are amended to read as follows:
239. Beginning July 1, 2006, each school district shall have a
24qualified teacher librarian who shall be licensed by the board
25of educational examiners under chapter 272 subchapter VII,
26part 3. The state board shall establish in rule a definition
27of and standards for an articulated sequential kindergarten
28through grade twelve media program. A school district that
29entered into a contract with an individual for employment as a
30media specialist or librarian prior to June 1, 2006, shall be
31considered to be in compliance with this subsection until June
3230, 2011, if the individual is making annual progress toward
33meeting the requirements for a teacher librarian endorsement
34issued by the board of educational examiners under chapter
35272 subchapter VII, part 3. A school district that entered
-1396-1into a contract with an individual for employment as a media
2specialist or librarian who holds at least a master’s degree in
3library and information studies shall be considered to be in
4compliance with this subsection until the individual leaves the
5employ of the school district.
69A. Beginning July 1, 2007, each school district shall have
7a qualified guidance counselor who shall be licensed by the
8board of educational examiners under chapter 272 subchapter
9VII, part 3. Each school district shall work toward the
10goal of having one qualified guidance counselor for every
11three hundred fifty students enrolled in the school district.
12The state board shall establish in rule a definition of and
13standards for an articulated sequential kindergarten through
14grade twelve guidance and counseling program.
159B. Beginning July 1, 2007, each school district shall have
16a school nurse to provide health services to its students.
17Each school district shall work toward the goal of having one
18school nurse for every seven hundred fifty students enrolled in
19the school district. For purposes of this subsection, “school
20nurse” means a person who holds an endorsement or a statement of
21professional recognition for school nurses issued by the board
22of educational examiners under chapter 272 subchapter VII, part
233.
24 Sec. 2546. Section 256.11, subsection 17, paragraph a,
25subparagraph (1), subparagraph division (a), Code 2023, is
26amended to read as follows:
27(a) The school district or accredited nonpublic school
28makes every reasonable and good faith effort to employ a
29teacher licensed under chapter 272 subchapter VII, part 3, for
30the specified subject and is unable to employ such a teacher.
31 Sec. 2547. Section 256.11, subsection 17, paragraph c,
32subparagraphs (1) and (3), Code 2023, are amended to read as
33follows:
34(1) An online learning platform if the course is developed
35by the school district or accredited nonpublic school itself
-1397-1or is developed by a partnership or consortium of schools
2that have developed the course individually or cooperatively,
3provided the course is taught and supervised by a teacher
4licensed under chapter 272 subchapter VII, part 3, who has
5online learning experience and the course content meets the
6requirements established by rule pursuant to section 256.7,
7subsection 32, paragraph “c”. A partnership or consortium of
8schools may include two or more school districts or accredited
9nonpublic schools, or any combination thereof.
10(3) An online learning platform offered, subject to the
11initial availability of federal funds, by the department in
12collaboration with one or more area education agencies or in
13partnership with school districts and accredited nonpublic
14schools. The online learning platform may deliver distance
15education to students, including students receiving competent
16private instruction under chapter 299A, provided such students
17register with the school district of residence and the
18coursework offered by the online learning platform is taught
19and supervised by a teacher licensed under chapter 272
20subchapter VII, part 3, who has online learning experience and
21the course content meets the requirements established by rule
22pursuant to section 256.7, subsection 32, paragraph “c”. The
23department and the area education agencies operating online
24learning programs pursuant to section 273.16 shall coordinate
25to ensure the most effective use of resources and delivery
26of services. Federal funds, if available, may be used to
27offset what would otherwise be costs to school districts for
28participation in the program.
29 Sec. 2548. Section 256.16, subsection 2, Code 2023, is
30amended to read as follows:
312. A person initially applying for a license shall
32successfully complete a practitioner preparation program
33approved under section 256.7, subsection 3, and containing the
34subject matter specified in this section, before the initial
35action by the board of educational examiners under chapter 272
-1398- 1subchapter VII, part 3, takes place.
2 Sec. 2549. Section 256.41, subsection 2, Code 2023, is
3amended to read as follows:
42. Online learning curricula shall be provided and
5supervised by a teacher licensed under chapter 272 subchapter
6VII, part 3.
7 Sec. 2550. Section 256.43, subsection 1, paragraph d, Code
82023, is amended to read as follows:
9d. High-quality online instruction taught by teachers
10licensed under chapter 272 subchapter VII, part 3.
11 Sec. 2551. Section 256.43, subsection 2, paragraph a, Code
122023, is amended to read as follows:
13a. At the discretion of the school board or authorities in
14charge of an accredited nonpublic school, after consideration
15of circumstances created by necessity, convenience, and
16cost-effectiveness, courses developed by private providers may
17be utilized by the school district or school in implementing a
18high-quality online learning program. Courses obtained from
19private providers shall be taught by teachers licensed under
20chapter 272 subchapter VII, part 3.
21 Sec. 2552. Section 256.43, subsection 3, Code 2023, is
22amended to read as follows:
233. Grading. Grades in online courses shall be based,
24at a minimum, on whether a student mastered the subject,
25demonstrated competency, and met the standards established
26by the school district. Grades shall be conferred only by
27teachers licensed under chapter 272 subchapter VII, part 3.
28 Sec. 2553. Section 256C.3, subsection 2, paragraph a,
29subparagraph (2), Code 2023, is amended to read as follows:
30(2) The individual is appropriately licensed under chapter
31272 256, subchapter VII, part 3, and meets requirements under
32chapter 284.
33 Sec. 2554. Section 256E.7, subsection 4, paragraph b,
34subparagraphs (1), (2), and (3), Code 2023, are amended to read
35as follows:
-1399- 1(1) An administrator who holds a valid license under chapter
2272 256, subchapter VII, part 3.
3(2) A teacher who holds a valid license under chapter 272
4 256, subchapter VII, part 3.
5(3) An individual who holds an authorization to be a
6charter school administrator issued by the board of educational
7examiners under chapter 272 256, subchapter VII, part 3. The
8board of educational examiners shall adopt rules for the
9issuance of such authorizations not later than December 31,
102021, and such authorizations shall only be valid for service
11or employment as a charter school administrator.
12 Sec. 2555. Section 257.11, subsection 3, paragraph c,
13subparagraph (1), Code 2023, is amended to read as follows:
14(1) The school district has made every reasonable and good
15faith effort to employ a teacher licensed under chapter 272
16 256, subchapter VII, part 3, for the science or mathematics
17unit, as applicable, and is unable to employ such a teacher.
18For purposes of this paragraph “c”, “good faith effort” means
19the same as defined in section 279.19A, subsection 9.
20 Sec. 2556. Section 260C.48, subsection 1, paragraph a,
21subparagraph (2), Code 2023, is amended to read as follows:
22(2) For purposes of subparagraph (1), subparagraph
23divisions (b) and (c), if the instructor is a licensed
24practitioner who holds a career and technical endorsement
25under chapter 272 256, subchapter VII, part 3, relevant work
26experience in the occupational area includes but is not limited
27to classroom instruction in a career and technical education
28subject area offered by a school district or accredited
29nonpublic school.
30 Sec. 2557. Section 261.1, subsection 2, paragraph d,
31subparagraph (5), Code 2023, is amended to read as follows:
32(5) One member shall represent practitioners licensed under
33chapter 272 256, subchapter VII, part 3. When appointing
34this member, the governor shall give careful consideration to
35any person nominated by an Iowa teacher association or other
-1400-1education stakeholder organization.
2 Sec. 2558. Section 261E.4, subsection 3, Code 2023, is
3amended to read as follows:
43. A school district shall ensure that advanced placement
5course teachers or instructors are appropriately licensed
6by the board of educational examiners in accordance with
7chapter 272 256, subchapter VII, part 3, and meet the minimum
8certification requirements of the national organization that
9administers the advanced placement program.
10 Sec. 2559. Section 261H.2, subsection 3, paragraph b, Code
112023, is amended to read as follows:
12b. If it is determined, after exhaustion of all available
13administrative and judicial appeals, that a faculty member
14knowingly and intentionally restricts the protected speech or
15otherwise penalizes a student in violation of this subsection,
16the faculty member shall be subject to discipline by the
17institution through the normal disciplinary processes of the
18institution, and such discipline may include termination
19depending on the totality of the facts. If the faculty member
20is licensed by the board of educational examiners under chapter
21272 256, subchapter VII, part 3, the board of educational
22examiners shall conduct a hearing pursuant to section 272.13,
23and the faculty member may be subject to disciplinary action
24by the board.
25 Sec. 2560. Section 272.1, Code 2023, is amended to read as
26follows:
27272.1 Definitions.
28As used in this part, unless the context otherwise requires:
291. “Administrator” means a person who is licensed to
30coordinate, supervise, or direct an educational program or the
31activities of other practitioners.
322. “Board” means the board of educational examiners.
333. “Certificate” means limited recognition to perform
34instruction and instruction-related duties in school, other
35than those duties for which practitioners are licensed. A
-1401-1certificate is nonexclusive recognition and does not confer the
2exclusive authority of a license.
34. “Department” means the state department of education.
45. 4. “License” means the authority that is given to allow
5a person to legally serve as a practitioner, a school, an
6institution, or a course of study to legally offer professional
7development programs, other than those programs offered by
8practitioner preparation schools, institutions, courses of
9study, or area education agencies. A license is the exclusive
10authority to perform these functions.
116. 5. “Offense directly relates” refers to either of the
12following:
13a. The actions taken in furtherance of an offense are
14actions customarily performed within the scope of practice of
15a licensed profession.
16b. The circumstances under which an offense was committed
17are circumstances customary to a licensed profession.
187. 6. “Para-educator” means a person who is certified to
19assist a teacher in the performance of instructional tasks to
20support and assist classroom instruction and related school
21activities.
228. 7. “Practitioner” means an administrator, teacher,
23or other licensed professional, including an individual who
24holds a statement of professional recognition, who provides
25educational assistance to students.
269. 8. “Practitioner preparation program” means a program
27approved by the state board of education which prepares a
28person to obtain a license as a practitioner.
2910. 9. “Principal” means a licensed member of a school’s
30instructional staff who serves as an instructional leader,
31coordinates the process and substance of educational and
32instructional programs, coordinates the budget of the school,
33provides formative evaluation for all practitioners and other
34persons in the school, recommends or has effective authority
35to appoint, assign, promote, or transfer personnel in a school
-1402-1building, implements the local school board’s policy in a
2manner consistent with professional practice and ethics, and
3assists in the development and supervision of a school’s
4student activities program.
511. 10. “Professional development program” means a course or
6program which is offered by a person or agency for the purpose
7of providing continuing education for the renewal or upgrading
8of a practitioner’s license.
912. 11. “School” means a school under section 280.2, an
10area education agency, and a school operated by a state agency
11for special purposes.
1213. 12. “School administration manager” means a person
13who is authorized to assist a school principal in performing
14noninstructional administrative duties.
1514. 13. “School service personnel” means those persons
16holding a practitioner’s license who provide support services
17for a student enrolled in school or to practitioners employed
18in a school.
1915. 14. “Student” means a person who is enrolled in
20a course of study at a school or practitioner preparation
21program, or who is receiving direct or indirect assistance from
22a practitioner.
2316. 15. “Superintendent” means an administrator
24who promotes, demotes, transfers, assigns, or evaluates
25practitioners or other personnel, and carries out the policies
26of a governing board in a manner consistent with professional
27practice and ethics.
2817. 16. “Teacher” means a licensed member of a school’s
29instructional staff who diagnoses, prescribes, evaluates,
30and directs student learning in a manner which is consistent
31with professional practice and school objectives, shares
32responsibility for the development of an instructional program
33and any coordinating activities, evaluates or assesses student
34progress before and after instruction, and who uses the student
35evaluation or assessment information to promote additional
-1403-1student learning.
218. 17. “Work-based learning program supervisor” means a
3person who is certified pursuant to section 272.16 to supervise
4students’ opportunities and experiences related to workplace
5tours, job shadowing, rotations, mentoring, entrepreneurship,
6service learning, internships, and apprenticeships.
7 Sec. 2561. Section 272.2, unnumbered paragraph 1, Code
82023, is amended to read as follows:
9The board of educational examiners is created within the
10higher education division of the department of education to
11exercise the exclusive authority to:
12 Sec. 2562. Section 272.2, subsection 1, paragraph a, Code
132023, is amended to read as follows:
14a. License practitioners, which includes the authority to
15establish do all of the following:
16(1) Establishcriteria for the licenses; establish.
17(2) Establishissuance and renewal requirements, provided
18that a continuing education requirement may be completed by
19electronic means; create.
20(3) Createapplication and renewal forms; create.
21(4) Createlicenses that authorize different instructional
22functions or specialties; develop.
23(5) Developa code of professional rights and
24responsibilities, practices, and ethics, which shall, among
25other things, address the all of the following:
26(a) Thefailure of a practitioner to fulfill contractual
27obligations under section 279.13, the. In addressing the
28failure of a practitioner to fulfill contractual obligations,
29the board shall consider factors beyond the practitioner’s
30control.
31(b) Thefailure of an administrator to protect the safety of
32staff and students, the.
33(c) Thefailure of an administrator to meet mandatory
34reporter obligations, the.
35(d) Therefusal of a practitioner to implement provisions of
-1404-1an individualized education program or behavioral intervention
2plan, and habitual.
3(e) Habitualnonparticipation in professional development;
4and develop.
5(f) The development ofany other classifications,
6distinctions, and procedures which may be necessary to exercise
7licensing duties. In addressing the failure of a practitioner
8to fulfill contractual obligations, the board shall consider
9factors beyond the practitioner’s control.
10 Sec. 2563. Section 272.2, subsections 4 and 24, Code 2023,
11are amended to read as follows:
124. Enforce rules adopted by the board through revocation
13or suspension of a license, or by other disciplinary action
14against a practitioner or professional development program
15licensed by the board of educational examiners. The
16board shall designate who may or shall initiate a licensee
17disciplinary investigation and a licensee disciplinary
18proceeding, and who shall prosecute a disciplinary proceeding
19and under what conditions, and shall state the procedures for
20review by the board of findings of fact if a majority of the
21board does not hear the disciplinary proceeding. However, in a
22case alleging failure of a practitioner to fulfill contractual
23obligations, the person who files a complaint with the board,
24or the complainant’s designee, shall represent the complainant
25in a disciplinary hearing conducted in accordance with this
26chapter part.
2724. By August 1, 2021, adopt rules pursuant to chapter 17A,
28developed in consultation with the department, establishing a
29statement of professional recognition for behavior analysts
30licensed under chapter 154D.
31 Sec. 2564. Section 272.2, subsection 7, Code 2023, is
32amended by striking the subsection.
33 Sec. 2565. Section 272.2, subsection 14, paragraph d, Code
342023, is amended to read as follows:
35d. An applicant for a license or certificate under this
-1405-1chapter part shall demonstrate that the requirements of
2the license or certificate have been met and the burden of
3proof shall be on the applicant. However, if the executive
4director of the board receives notice from the director of the
5department of education under section 256.9, subsection 17,
6that an error in the basic education data survey submission
7resulted in an incorrect determination relating to licensure
8of a practitioner, the executive director shall initiate
9corrective action with the board and the findings of the
10director of the department of education shall be sufficient
11evidence to correct such error.
12 Sec. 2566. Section 272.3, subsection 1, unnumbered
13paragraph 1, Code 2023, is amended to read as follows:
14The board of educational examiners consists of twelve
15members. Two must shall be members of the general public, one
16must shall be the director of the department of education or
17the director’s designee, and the remaining nine members must
18 shall be licensed practitioners. One of the public members
19shall have served on a school board. The public members shall
20never have held a practitioner’s license, but shall have a
21demonstrated interest in education. The nine practitioners
22shall be selected from the following areas and specialties of
23the teaching profession:
24 Sec. 2567. Section 272.3, subsection 2, Code 2023, is
25amended to read as follows:
262. A majority of the licensed practitioner members shall
27be nonadministrative practitioners. Four of the members shall
28be administrators. Membership of the board shall comply with
29the requirements of sections 69.16 and 69.16A. A quorum of
30the board shall consist of six members. Members shall elect a
31chairperson of the board. Members, except for the director of
32the department of education or the director’s designee, shall
33be appointed by the governor subject to confirmation by the
34senate.
35 Sec. 2568. Section 272.4, subsection 1, unnumbered
-1406-1paragraph 1, Code 2023, is amended to read as follows:
2Members, except for the director of the department of
3education or the director’s designee, shall be appointed to
4serve staggered terms of four years. A member shall not serve
5more than two consecutive terms, except for the director of the
6department of education or the director’s designee, who shall
7serve until the director’s term of office expires. A member of
8the board, except for the two public members and the director
9of the department of education or the director’s designee,
10shall hold a valid practitioner’s license during the member’s
11term of office. A vacancy exists when any of the following
12occur:
13 Sec. 2569. Section 272.5, subsection 2, Code 2023, is
14amended to read as follows:
152. The governor director shall appoint an executive
16director of the board of educational examiners subject to
17confirmation by the senate. The executive director shall
18possess a background in education licensure and administrative
19experience and shall serve at the pleasure of the governor.
20The board of educational examiners director shall set the
21salary of the executive director within the range established
22for the position by the general assembly.
23 Sec. 2570. Section 272.9, subsection 1, Code 2023, is
24amended to read as follows:
251. A certificate which was issued by the board of
26educational examiners to a practitioner before July 1, 1989,
27continues to be in force as long as the certificate complies
28with the rules and statutes in effect on July 1, 1989.
29Requirements for the renewal of licenses, under this chapter
30 part, do not apply retroactively to renewal of certificates.
31However, this section does not limit the duties or powers of
32a school board to select or discharge practitioners or to
33terminate practitioners’ contracts.
34 Sec. 2571. Section 272.9A, subsection 3, Code 2023, is
35amended to read as follows:
-1407- 13. An administrator formerly employed by an accredited
2nonpublic school or formerly employed as an administrator in
3another state or country is exempt from the mentoring and
4induction requirement under subsection 1 if the administrator
5can document two years of successful administrator experience
6and meet or exceed the requirements contained in rules adopted
7pursuant to this chapter part for endorsement and licensure.
8However, if an administrator cannot document two years of
9successful administrator experience when hired by a school
10district, the administrator shall meet the requirements of
11subsection 1.
12 Sec. 2572. Section 272.10, subsections 1, 2, and 5, Code
132023, are amended to read as follows:
141. It is the intent of the general assembly that licensing
15fees established by the board of educational examiners be
16sufficient to finance the activities of the board under this
17chapter part.
182. Licensing fees are payable to the treasurer of state and
19shall be deposited with the executive director of the board.
20The executive director shall deposit twenty-five percent of
21the fees collected annually with the treasurer of state and
22the fees shall be credited to the general fund of the state.
23The remaining licensing fees collected during the fiscal year
24shall be retained by and are appropriated to the board for
25the purposes related to the board’s duties. Notwithstanding
26section 8.33, licensing fees retained by and appropriated to
27the board pursuant to this section that remain unencumbered or
28unobligated at the close of the fiscal year shall not revert
29but shall remain available for expenditure for the activities
30of the board as provided in this chapter part until the close
31of the succeeding fiscal year.
325. The fees established by the board for the administrative
33costs of processing complaints and conducting hearings pursuant
34to section 272.2, subsection 23, may include a fee for personal
35service by a sheriff, a fee for legal notice when placed in a
-1408-1newspaper, transcription service or court reporter fee, and
2other fees assessed as costs by the board. The fees collected
3annually in accordance with this subsection shall be retained
4by and are appropriated to the board for the purposes related
5to the board’s duties. Notwithstanding section 8.33, fees
6retained by and appropriated to the board pursuant to this
7subsection that remain unencumbered or unobligated at the close
8of the fiscal year shall not revert but shall remain available
9for expenditure for the activities of the board as provided
10in this chapter part until the close of the succeeding fiscal
11year.
12 Sec. 2573. Section 272.11, Code 2023, is amended to read as
13follows:
14272.11 Expenditures and refunds.
15Expenditures and refunds made by the board under this
16chapter part shall be certified by the executive director of
17the board to the director of the department of administrative
18services, and if found correct, the director of the department
19of administrative services shall approve the expenditures and
20refunds and draw warrants upon the treasurer of state from the
21funds appropriated for that purpose.
22 Sec. 2574. Section 272.12, Code 2023, is amended to read as
23follows:
24272.12 Para-educator certificates.
25The board of educational examiners shall adopt rules
26pursuant to chapter 17A relating to a voluntary certification
27system for para-educators. The rules shall specify rights,
28responsibilities, levels, and qualifications for the
29certificate. Applicants shall be disqualified for any reason
30specified in section 272.2, subsection 14, or in administrative
31rule. Notwithstanding section 272.2, subsection 14, paragraph
32“b”, subparagraph (2), the board may issue a para-educator
33certificate to a person who is at least eighteen years of age.
34A person holding a para-educator certificate shall not perform
35the duties of a licensed practitioner. A certificate issued
-1409-1pursuant to this chapter part shall not be considered a teacher
2or administrator license for any purpose specified by law,
3including the purposes specified under this chapter part or
4chapter 279.
5 Sec. 2575. Section 272.15, subsections 2 and 4, Code 2023,
6are amended to read as follows:
72. If, in the course of performing official duties, an
8employee of the department becomes aware of any alleged
9misconduct by an individual licensed under this chapter part,
10the employee shall report the alleged misconduct to the board
11of educational examiners under rules adopted pursuant to
12subsection 1.
134. If the executive director of the board verifies through
14a review of official records that a teacher who holds a
15practitioner’s license under this chapter part is assigned
16instructional duties for which the teacher does not hold the
17appropriate license or endorsement, either by grade level or
18subject area, by a school district or accredited nonpublic
19school, the executive director may initiate a complaint
20against the teacher and the administrator responsible for the
21inappropriate assignment of instructional duties.
22 Sec. 2576. Section 272.16, subsections 1, 2, and 3, Code
232023, are amended to read as follows:
241. The board of educational examiners shall adopt rules
25pursuant to chapter 17A relating to a certification system
26for work-based learning program supervisors. The rules shall
27specify rights, responsibilities, levels, and qualifications
28for the certificate. The certificate shall not require more
29than fifteen contact hours, which shall be available over
30the internet and which shall provide instruction related to
31fundamentals in career education, curriculum, assessment, and
32the evaluation of student participation.
332. Applicants shall be disqualified for any reason
34specified in section 272.2, subsection 14, or in rules adopted
35by the board of educational examiners.
-1410- 13. A certificate issued pursuant to this section shall
2not be considered a teacher or administrator license for any
3purpose specified by law, including the purposes specified
4under this chapter part or chapter 279.
5 Sec. 2577. Section 272.20, Code 2023, is amended to read as
6follows:
7272.20 National certification.
8The board of educational examiners shall review the
9standards for teacher’s certificates adopted by the national
10board for professional teaching standards, a nonprofit
11corporation created as a result of recommendations of the
12task force on teaching as a profession of the Carnegie
13forum on education and the economy. In those cases in
14which the standards required by the national board for an
15Iowa endorsement or license meet or exceed the requirements
16contained in rules adopted under this chapter part for that
17endorsement or license, the board of educational examiners
18 shall issue endorsements or licenses to holders of certificates
19issued by the national board who request the endorsement or
20license.
21 Sec. 2578. Section 272.28, subsection 2, Code 2023, is
22amended to read as follows:
232. A teacher from an accredited nonpublic school or another
24state or country is exempt from the requirement of subsection 1
25if the teacher can document three years of successful teaching
26experience and meet or exceed the requirements contained in
27rules adopted under this chapter part for endorsement and
28licensure.
29 Sec. 2579. Section 272.29, Code 2023, is amended to read as
30follows:
31272.29 Annual administrative rules review — triennial
32report.
33The executive director of the board shall annually review
34the administrative rules adopted pursuant to this chapter part
35 and related state laws. The executive director shall submit
-1411-1the executive director’s findings and recommendations in a
2report every three years to the board and the general assembly
3by January 15.
4 Sec. 2580. Section 272C.15, subsection 1, Code 2023, is
5amended to read as follows:
61. Notwithstanding any other provision of law to the
7contrary, except for chapter 272 256, subchapter VII, part 3, a
8person’s conviction of a crime may be grounds for the denial,
9revocation, or suspension of a license only if an unreasonable
10risk to public safety exists because the offense directly
11relates to the duties and responsibilities of the profession
12and the appropriate licensing board, agency, or department does
13not grant an exception pursuant to subsection 4.
14 Sec. 2581. Section 273.3, subsections 11 and 25, Code 2023,
15are amended to read as follows:
1611. Employ personnel to carry out the functions of the
17area education agency which shall include the employment of an
18administrator who shall possess a license issued under chapter
19272 256, subchapter VII, part 3. The administrator shall
20be employed pursuant to section 279.20 and sections 279.23,
21279.24, and 279.25. The salary for an area education agency
22administrator shall be established by the board based upon
23the previous experience and education of the administrator.
24Section 279.13 applies to the area education agency board
25and to all teachers employed by the area education agency.
26Sections 279.23, 279.24, and 279.25 apply to the area education
27board and to all administrators employed by the area education
28agency. Section 279.69 applies to the area education agency
29board and employees of the board, including part-time,
30substitute, or contract employees, who provide services to a
31school or school district.
3225. Require, by July 1, 2024, any person employed by
33the area education agency who holds a license, certificate,
34statement of recognition, or authorization other than a
35coaching authorization, issued by the board of educational
-1412-1examiners under chapter 272 256, subchapter VII, part 3, to
2complete the Iowa reading research center dyslexia overview
3module. Such persons employed after July 1, 2024, shall
4complete the module within one year of the employee’s initial
5date of hire.
6 Sec. 2582. Section 279.13, subsection 1, paragraph b,
7subparagraph (1), Code 2023, is amended to read as follows:
8(1) Prior to entering into an initial contract with a
9teacher who holds a license other than an initial license
10issued by the board of educational examiners under chapter 272
11 256, subchapter VII, part 3, the school district shall initiate
12a state criminal history record check of the applicant through
13the division of criminal investigation of the department of
14public safety, submit the applicant’s fingerprints to the
15division for submission to the federal bureau of investigation
16for a national criminal history record check, and review the
17sex offender registry information under section 692A.121
18available to the general public, the central registry for
19child abuse information established under section 235A.14, and
20the central registry for dependent adult abuse information
21established under section 235B.5 for information regarding the
22applicant for employment as a teacher.
23 Sec. 2583. Section 279.19B, subsection 1, paragraph a,
24unnumbered paragraph 1, Code 2023, is amended to read as
25follows:
26The board of directors of a school district may employ for
27head coach of any interscholastic athletic activities or for
28assistant coach of any interscholastic athletic activity, an
29individual who possesses a coaching authorization issued by the
30board of educational examiners or possesses a teaching license
31with a coaching endorsement issued pursuant to chapter 272 256,
32subchapter VII, part 3. However, a board of directors of a
33school district shall consider applicants with qualifications
34described below, in the following order of priority:
35 Sec. 2584. Section 279.50A, subsection 1, paragraph a, Code
-1413-12023, is amended to read as follows:
2a. The school district has made every reasonable and
3good faith effort to employ a teacher licensed under chapter
4272 256, subchapter VII, part 3, for the unit of science or
5mathematics, as applicable, and is unable to employ such a
6teacher. For purposes of this subsection, “good faith effort”
7means the same as defined in section 279.19A, subsection 9.
8 Sec. 2585. Section 279.72, Code 2023, is amended to read as
9follows:
10279.72 Training on dyslexia.
11By July 1, 2024, the board of directors of a school
12district shall require all persons employed by the school
13district who hold a teaching license with an endorsement
14for prekindergarten, prekindergarten or elementary special
15education, or prekindergarten through grade three levels
16issued under chapter 272 256, subchapter VII, part 3, all
17practitioners and paraprofessionals assigned as Title I
18teachers and Title I paraprofessionals under the federal Every
19Student Succeeds Act, Pub.L. No.114-95, and all practitioners
20endorsed to teach English as a second language to complete the
21Iowa reading research center dyslexia overview module. Such
22persons employed by the school district after July 1, 2024,
23shall complete the module within one year of the employee’s
24initial date of hire.
25 Sec. 2586. Section 279.73, subsection 2, Code 2023, is
26amended to read as follows:
272. If the board of directors of the school district or
28a court finds that an employee of the school district who
29holds a license, certificate, statement of recognition, or
30authorization issued by the board of educational examiners
31under chapter 272 256, subchapter VII, part 3, discriminated
32against a student or employee in violation of this section,
33the employee found to be in violation under this section shall
34be subject to a hearing conducted by the board of educational
35examiners pursuant to section 272.2, subsection 14, which may
-1414-1result in disciplinary action and the employee’s employment may
2be terminated.
3 Sec. 2587. Section 284.2, subsections 1, 7, and 11, Code
42023, are amended to read as follows:
51. “Beginning teacher” means an individual serving under
6an initial or intern license, issued under chapter 272 256,
7subchapter VII, part 3, who is assuming a position as a
8teacher. “Beginning teacher” includes an individual who is
9an initial teacher. For purposes of the beginning teacher
10mentoring and induction program created pursuant to section
11284.5, “beginning teacher” also includes preschool teachers
12who are licensed under chapter 272 256, subchapter VII, part
133, and are employed by a school district or area education
14agency. “Beginning teacher” does not include a teacher whose
15employment with a school district or area education agency is
16probationary unless the teacher is serving under an initial or
17teacher intern license issued under chapter 272 256, subchapter
18VII, part 3.
197. “Mentor” means an individual employed by a school
20district or area education agency as a teacher or a retired
21teacher who holds a valid license issued under chapter 272 256,
22subchapter VII, part 3. The individual must have a record of
23three years of successful teaching practice, must be employed
24on a nonprobationary basis, and must demonstrate professional
25commitment to both the improvement of teaching and learning and
26the development of beginning teachers.
2711. “Teacher” means an individual who holds a practitioner’s
28license issued under chapter 272 256, subchapter VII, part
293, or a statement of professional recognition issued under
30chapter 272 256, subchapter VII, part 3, who is employed in
31a nonadministrative position by a school district or area
32education agency pursuant to a contract issued by a board of
33directors under section 279.13. A teacher may be employed in
34both an administrative and a nonadministrative position by a
35board of directors and shall be considered a part-time teacher
-1415-1for the portion of time that the teacher is employed in a
2nonadministrative position.
3 Sec. 2588. Section 284.10, subsection 2, Code 2023, is
4amended to read as follows:
52. An administrator licensed under chapter 272 256,
6subchapter VII, part 3, who conducts evaluations of teachers
7for purposes of this chapter shall complete the evaluator
8training program. A practitioner licensed under chapter 272
9 256, subchapter VII, part 3, who is not an administrator
10may enroll in the evaluator training program. Enrollment
11preference shall be given to administrators. Upon successful
12completion, the provider shall certify that the administrator
13or other practitioner is qualified to conduct evaluations
14for employment, make recommendations for licensure, and make
15recommendations that a teacher is qualified to advance from one
16career path level to the next career path level pursuant to
17this chapter. Certification is for a period of five years and
18may be renewed.
19 Sec. 2589. Section 284.15, subsection 2, paragraph a,
20subparagraph (1), Code 2023, is amended to read as follows:
21(1) The salary for an initial teacher who has successfully
22completed an approved practitioner preparation program as
23defined in section 272.1 or holds an initial or intern teacher
24license issued under chapter 272 256, subchapter VII, part 3,
25 shall be at least thirty-three thousand five hundred dollars,
26which shall also constitute the minimum salary for an Iowa
27teacher.
28 Sec. 2590. Section 284.15, subsection 2, paragraph b,
29unnumbered paragraph 1, Code 2023, is amended to read as
30follows:
31A career teacher is a teacher who holds a statement of
32professional recognition issued under chapter 272 256,
33subchapter VII, part 3, or who meets all of the following
34requirements:
35 Sec. 2591. Section 284.15, subsection 2, paragraph b,
-1416-1subparagraph (2), Code 2023, is amended to read as follows:
2(2) Holds a valid license issued under chapter 272 256,
3subchapter VII, part 3.
4 Sec. 2592. Section 284.15, subsection 2, paragraphs d and e,
5Code 2023, are amended to read as follows:
6d. Mentor teacher. A mentor teacher is a teacher who
7is evaluated by the school district as demonstrating the
8competencies and superior teaching skills of a mentor teacher,
9and has been recommended for a one-year assignment as a mentor
10teacher by a site-based review council appointed pursuant to
11subsection 4. In addition, a mentor teacher shall hold a
12valid license issued under chapter 272 256, subchapter VII,
13part 3, participate in teacher professional development as
14outlined in this chapter, demonstrate continuous improvement in
15teaching, and possess the skills and qualifications to assume
16leadership roles. A mentor teacher shall have a teaching load
17of not more than seventy-five percent student instruction to
18allow the teacher to mentor other teachers. A school district
19shall designate at least ten percent of its teachers as mentor
20teachers, though the district may enter into an agreement with
21one or more other districts or an area education agency to meet
22this requirement through a collaborative arrangement. The
23terms of the teaching contracts issued under section 279.13 to
24mentor teachers shall exceed by ten days the terms of teaching
25contracts issued under section 279.13 to career teachers, and
26the ten additional contract days shall be used to strengthen
27instructional leadership in accordance with this subsection. A
28mentor teacher shall receive annually a salary supplement of
29at least five thousand dollars.
30e. Lead teacher. A lead teacher is a teacher who holds a
31valid license issued under chapter 272 256, subchapter VII,
32part 3, and has been recommended for a one-year assignment
33as a lead teacher by a site-based review council appointed
34pursuant to subsection 4. The recommendation from the council
35must assert that the teacher possesses superior teaching
-1417-1skills and the ability to lead adult learners. A lead
2teacher shall assume leadership roles that may include but
3are not limited to the planning and delivery of professional
4development activities designed to improve instructional
5strategies; the facilitation of an instructional leadership
6team within the lead teacher’s building, school district, or
7other school districts; the mentoring of other teachers; and
8participation in the evaluation of student teachers. A lead
9teacher shall have a teaching load of not more than fifty
10percent student instruction to allow the lead teacher to spend
11time on co-teaching; co-planning; peer reviews; observing
12career teachers, model teachers, and mentor teachers; and other
13duties mutually agreed upon by the superintendent and the lead
14teacher. A school district shall designate at least five
15percent of its teachers as lead teachers, though the district
16may enter into an agreement with one or more other districts
17or an area education agency to meet this requirement through a
18collaborative arrangement. The terms of the teaching contracts
19issued under section 279.13 to lead teachers shall exceed by
20fifteen days the terms of teaching contracts issued under
21section 279.13 to career teachers, and the fifteen additional
22contract days shall be used to strengthen instructional
23leadership in accordance with this subsection. A lead teacher
24shall receive annually a salary supplement of at least ten
25thousand dollars.
26 Sec. 2593. Section 284.16, subsection 1, paragraph a,
27subparagraphs (1) and (2), Code 2023, are amended to read as
28follows:
29(1) Has successfully completed an approved practitioner
30preparation program as defined in section 272.1 or holds an
31intern teacher license issued under chapter 272 256, subchapter
32VII, part 3.
33(2) Holds an initial or intern teacher license issued under
34chapter 272 256, subchapter VII, part 3.
35 Sec. 2594. Section 284.16, subsection 1, paragraph b,
-1418-1unnumbered paragraph 1, Code 2023, is amended to read as
2follows:
3A career teacher is a teacher who holds a statement
4of professional recognition issued under chapter 272
5 256, subchapter VII, part 3, or who meets the following
6requirements:
7 Sec. 2595. Section 284.16, subsection 1, paragraph b,
8subparagraph (3), Code 2023, is amended to read as follows:
9(3) Holds a valid license issued under chapter 272 256,
10subchapter VII, part 3.
11 Sec. 2596. Section 284A.2, subsections 1, 2, and 7, Code
122023, are amended to read as follows:
131. “Administrator” means an individual holding a
14professional administrator license issued under chapter 272
15 256, subchapter VII, part 3, who is employed in a school
16district administrative position by a school district or area
17education agency pursuant to a contract issued by a board of
18directors under section 279.23 and is engaged in instructional
19leadership. An administrator may be employed in both an
20administrative and a nonadministrative position by a board of
21directors and shall be considered a part-time administrator
22for the portion of time that the individual is employed in an
23administrative position.
242. “Beginning administrator” means an individual serving
25under an administrator license, issued by the board of
26educational examiners under chapter 272 256, subchapter VII,
27part 3, who is assuming a position as a school district
28principal or superintendent for the first time.
297. “Mentor” means an individual employed by a school
30district or area education agency as a school district
31administrator or a retired administrator who holds a valid
32license issued under chapter 272 256, subchapter VII, part 3.
33The individual must have a record of four years of successful
34administrative experience and must demonstrate professional
35commitment to both the improvement of teaching and learning and
-1419-1the development of beginning administrators.
2 Sec. 2597. Section 284A.6, subsection 2, Code 2023, is
3amended to read as follows:
42. In cooperation with the administrator’s evaluator, the
5administrator who has a professional administrator license
6issued by the board of educational examiners pursuant to
7chapter 272 256, subchapter VII, part 3, and is employed
8by a school district or area education agency in a school
9district administrative position shall develop an individual
10administrator professional development plan. The purpose
11of the plan is to promote individual and group professional
12development. The individual plan shall be based, at a minimum,
13on the needs of the administrator, the Iowa standards for
14school administrators adopted pursuant to section 256.7,
15subsection 27, and the student achievement goals of the
16attendance center and the school district as outlined in the
17comprehensive school improvement plan.
18 Sec. 2598. Section 284A.7, Code 2023, is amended to read as
19follows:
20284A.7 Evaluation requirements for administrators.
21A school district shall conduct an annual evaluation of an
22administrator who holds a professional administrator license
23issued under chapter 272 256, subchapter VII, part 3, for
24purposes of assisting the administrator in making continuous
25improvement, documenting continued competence in the Iowa
26standards for school administrators adopted pursuant to
27section 256.7, subsection 27, or to determine whether the
28administrator’s practice meets school district expectations.
29The evaluation shall include, at a minimum, an assessment of
30the administrator’s competence in meeting the Iowa standards
31for school administrators and the goals of the administrator’s
32individual professional development plan, including supporting
33documentation or artifacts aligned to the Iowa standards for
34school administrators and the individual administrator’s
35professional development plan.
-1420-1 Sec. 2599. Section 299A.2, Code 2023, is amended to read as
2follows:
3299A.2 Competent private instruction by licensed
4practitioner.
5If a licensed practitioner provides competent instruction
6to a school-age child, the practitioner shall possess a valid
7license or certificate which has been issued by the state board
8of educational examiners under chapter 272 256, subchapter VII,
9part 3, and which is appropriate to the ages and grade levels
10of the children to be taught. Competent private instruction
11may include but is not limited to a home school assistance
12program which provides instruction or instructional supervision
13offered through an accredited nonpublic school or public school
14district by a teacher, who is employed by the accredited
15nonpublic school or public school district, who assists and
16supervises a parent, guardian, or legal custodian in providing
17instruction to a child. If competent private instruction is
18provided through a public school district, the child shall be
19enrolled and included in the basic enrollment of the school
20district as provided in section 257.6. Sections 299A.3 through
21299A.7 do not apply to competent private instruction provided
22by a licensed practitioner under this section. However, the
23reporting requirement contained in section 299A.3, subsection
241, shall apply to competent private instruction provided by
25licensed practitioners that is not part of a home school
26assistance program offered through an accredited nonpublic
27school or public school district.
28 Sec. 2600. Section 622.10, subsection 8, Code 2023, is
29amended to read as follows:
308. A qualified school guidance counselor, who is licensed
31by the board of educational examiners under chapter 272 256,
32subchapter VII, part 3, and who obtains information by reason
33of the counselor’s employment as a qualified school guidance
34counselor, shall not be allowed, in giving testimony, to
35disclose any confidential communications properly entrusted
-1421-1to the counselor by a pupil or the pupil’s parent or guardian
2in the counselor’s capacity as a qualified school guidance
3counselor and necessary and proper to enable the counselor to
4perform the counselor’s duties as a qualified school guidance
5counselor.
6 Sec. 2601. Section 709.15, subsection 1, paragraph g,
7subparagraph (1), subparagraph divisions (a) and (b), Code
82023, are amended to read as follows:
9(a) A person who holds a license, certificate, or statement
10of professional recognition issued under chapter 272 256,
11subchapter VII, part 3.
12(b) A person who holds an authorization issued under chapter
13272 256, subchapter VII, part 3.
14 Sec. 2602. Section 714.19, subsection 4, Code 2023, is
15amended to read as follows:
164. Private and nonprofit elementary or secondary schools
17recognized by the department of education or the board of
18directors of a school district for the purpose of complying
19with chapter 299 and employing teachers licensed under chapter
20272 256, subchapter VII, part 3.
21 Sec. 2603. CODE EDITOR DIRECTIVE.
221. The Code editor is directed to make the following
23transfers:
24a. Section 272.1 to section 256.145.
25b. Section 272.2 to section 256.146.
26c. Section 272.3 to section 256.147.
27d. Section 272.4 to section 256.148.
28e. Section 272.5 to section 256.149.
29f. Section 272.6 to section 256.150.
30g. Section 272.7 to section 256.151.
31h. Section 272.8 to section 256.152.
32i. Section 272.9 to section 256.153.
33j. Section 272.9A to section 256.154.
34k. Section 272.10 to section 256.155.
35l. Section 272.11 to section 256.156.
-1422- 1m. Section 272.12 to section 256.157.
2n. Section 272.13 to section 256.158.
3o. Section 272.14 to section 256.159.
4p. Section 272.15 to section 256.160.
5q. Section 272.16 to section 256.161.
6r. Section 272.20 to section 256.162.
7s. Section 272.28 to section 256.163.
8t. Section 272.29 to section 256.164.
9u. Section 272.31 to section 256.165.
102. The Code editor shall correct internal references in the
11Code and in any enacted legislation as necessary due to the
12enactment of this section.
133. The Code editor may designate sections 256.145 through
14256.165, as enacted in this division of this Act, as new part 3
15entitled “Board of Educational Examiners” within the subchapter
16entitled “Higher Education Division” as enacted by another
17division of this Act.
18 Sec. 2604. TRANSITION PROVISIONS.
191. Any license, certificate, or authorization issued by
20the board of education examiners pursuant to chapter 272 prior
21to the effective date of this division of this Act is valid
22and shall continue as provided in the terms of the license,
23certificate, or authorization.
242. Federal funds utilized by the board of educational
25examiners prior to the effective date of this division of this
26Act to employ personnel necessary for the administration of the
27board of educational examiners’ programs shall be applied to
28and be available for the transfer of such personnel from the
29board of educational examiners to the higher education division
30of the department of education.
31 Sec. 2605. APPLICABILITY. This division of this Act applies
32to individuals appointed as the executive director of the board
33of educational examiners before, on, or after the effective
34date of this division of this Act.
35COLLEGE STUDENT AID COMMISSION
-1423-1 Sec. 2606. Section 8A.504, subsection 1, paragraph d,
2subparagraph (2), Code 2023, is amended to read as follows:
3(2) An amount that is due because of a default on a loan
4under chapter 261 256, subchapter VII, part 4.
5 Sec. 2607. Section 8A.504, subsection 4, Code 2023, is
6amended to read as follows:
74. The director shall have the authority to enter into
8reciprocal agreements with the departments of revenue of other
9states that have enacted legislation that is substantially
10equivalent to the setoff procedure provided in this section for
11the recovery of an amount due because of a default on a loan
12under chapter 261 256, subchapter VII, part 4. A reciprocal
13agreement shall also be approved by the college student aid
14commission. The agreement shall authorize the department to
15provide by rule for the setoff of state income tax refunds
16or rebates of defaulters from states with which Iowa has a
17reciprocal agreement and to provide for sending lists of
18names of Iowa defaulters to the states with which Iowa has
19a reciprocal agreement for setoff of that state’s income tax
20refunds.
21 Sec. 2608. Section 261.1, subsection 1, Code 2023, is
22amended to read as follows:
231. There is hereby created within the higher education
24division of the department a commission to be known as the
25“College Student Aid Commission” of the state of Iowa.
26 Sec. 2609. Section 261.1, subsection 2, paragraphs a and b,
27Code 2023, are amended to read as follows:
28a. A member of the state board of regents to be named by the
29state board of regents, or the executive director of the state
30 board of regents if so appointed by the state board of regents,
31who shall serve for a four-year term or until the expiration
32of the member’s term of office.
33b. The director of the department of education or the
34director’s designee.
35 Sec. 2610. Section 261.1, subsection 4, paragraph a, Code
-1424-12023, is amended to read as follows:
2a. Vacancies on the commission shall be filled for the
3unexpired term of such vacancies, if applicable, in the same
4manner as the original appointment.
5 Sec. 2611. Section 261.1, Code 2023, is amended by adding
6the following new subsection:
7 NEW SUBSECTION. 5. The director shall appoint an executive
8director of the commission. The director shall set the salary
9of the executive director.
10 Sec. 2612. Section 261.2, subsection 2, Code 2023, is
11amended to read as follows:
122. Administer the tuition grant program under this chapter
13 part.
14 Sec. 2613. Section 261.3, Code 2023, is amended to read as
15follows:
16261.3 Organization — bylaws.
171. The commission is an autonomous state agency which is
18attached to the department of education for organizational
19purposes only.
202. 1. The commission, under the authority of the higher
21education division of the department, shall determine its
22own organization, draw up its own bylaws, adopt rules under
23chapter 17A, and do such other things as may be necessary
24and incidental in the administration of this chapter part,
25including the housing, employment, and fixing the compensation
26and bond of persons required to carry out its functions and
27responsibilities. A decision of the commission is final agency
28action under chapter 17A.
293. 2. The commission shall function at the seat of
30government or such other place as it the commission might
31designate.
32 Sec. 2614. Section 261.5, subsection 2, unnumbered
33paragraph 1, Code 2023, is amended to read as follows:
34Notwithstanding any other provision of this chapter part, in
35the event of a national emergency declared by the president of
-1425-1the United States by reason of terrorist attack, the commission
2may waive or modify any statutory or regulatory provision
3applicable to state financial aid programs established pursuant
4to this chapter part to ensure, with regard to affected
5individuals, that the following occurs:
6 Sec. 2615. Section 261.5, subsection 3, Code 2023, is
7amended to read as follows:
83. Notwithstanding any other provision of this chapter
9 part, in the event of a national emergency declared by the
10president of the United States by reason of terrorist attack,
11the commission may grant temporary relief from requirements
12rendered infeasible or unreasonable, including due diligence
13requirements and reporting deadlines, by the national
14emergency, to an institution of higher education under the
15state board of regents, a community college, an accredited
16private institution as defined in section 261.9, eligible
17lenders, and other entities participating in the state student
18assistance programs in accordance with this chapter part, that
19are located in, or whose operations are directly affected
20by, areas that are declared disaster areas by any federal,
21state, or local official in connection with the national
22emergency. If the commission issues a waiver in accordance
23with this section, the report prepared by the commission
24pursuant to section 17A.9A, subsection 5, shall include
25examples of measures that a postsecondary institution may take
26in the appropriate exercise of discretion, as provided in 20
27U.S.C. §1087tt, to adjust financial need and aid eligibility
28determinations for affected individuals.
29 Sec. 2616. Section 261.9, unnumbered paragraph 1, Code
302023, is amended to read as follows:
31When used in this subchapter subpart, unless the context
32otherwise requires:
33 Sec. 2617. Section 261.9, subsection 1, paragraph b, Code
342023, is amended to read as follows:
35b. Is accredited by the higher learning commission, is
-1426-1exempt from taxation under section 501(c)(3) of the Internal
2Revenue Code, and annually provides a matching aggregate amount
3of institutional financial aid equal to at least seventy-five
4percent of the amount received in a fiscal year by the
5institution’s students for Iowa tuition grant assistance under
6this chapter part. Commencing with the fiscal year beginning
7July 1, 2006, the matching aggregate amount of institutional
8financial aid shall increase by the percentage of increase each
9fiscal year of funds appropriated for Iowa tuition grants under
10section 261.25, subsection 1, to a maximum match of one hundred
11percent. The institution shall file annual reports with the
12commission prior to receipt of tuition grant moneys under this
13chapter part. An institution whose income is not exempt from
14taxation under section 501(c) of the Internal Revenue Code and
15whose students were eligible to receive Iowa tuition grant
16money in the fiscal year beginning July 1, 2003, shall meet the
17match requirements of this paragraph no later than June 30,
182005.
19 Sec. 2618. Section 261.9, subsection 8, Code 2023, is
20amended to read as follows:
218. “Tuition grant” means an award by the state of Iowa to a
22qualified student under this subchapter subpart.
23 Sec. 2619. Section 261.15, subsection 2, Code 2023, is
24amended to read as follows:
252. Adopt rules and regulations for determining financial
26need, defining tuition and mandatory fees, defining residence
27for the purposes of this subchapter subpart, processing and
28approving applications for tuition grants, and determining
29priority of grants. The commission may provide for proration
30of funds if the available funds are insufficient to pay all
31approved grants. Such proration shall take primary account of
32the financial need of the applicant. In determining who is a
33resident of Iowa, the commission’s rules shall be at least as
34restrictive as those of the board of regents.
35 Sec. 2620. Section 261.16A, subsection 7, Code 2023, is
-1427-1amended to read as follows:
27. Reports to commission. An eligible institution shall
3file annual reports with the commission, as required by the
4commission and under section 261.9, prior to receipt of tuition
5grant moneys under this chapter part.
6 Sec. 2621. Section 261.17, subsection 5, Code 2023, is
7amended to read as follows:
85. A vocational-technical tuition grant shall be awarded
9on an annual basis, requiring reapplication by the student for
10each year. Payments under the grant shall be allocated equally
11among the semesters or quarters of the year upon certification
12by the institution that the student is in full-time or
13part-time attendance in a vocational-technical or career option
14program, as defined under rules of the department of education.
15If the student discontinues attendance before the end of any
16term after receiving payment of the grant, the entire amount of
17any refund due that student, up to the amount of any payments
18made under the annual grant, shall be paid by the institution
19to the state.
20 Sec. 2622. Section 261.20, subsection 1, Code 2023, is
21amended to read as follows:
221. A scholarship and tuition grant reserve fund is created
23to assure that financial assistance will be available to all
24students who are awarded scholarships or tuition grants through
25programs funded under this chapter part. The fund is created
26as a separate fund in the state treasury, and moneys in the
27fund shall not revert to the general fund unless, and then
28only to the extent that, the funds exceed the maximum allowed
29balance.
30 Sec. 2623. Section 261.35, unnumbered paragraph 1, Code
312023, is amended to read as follows:
32As used in this subchapter subpart, unless the context
33otherwise requires:
34 Sec. 2624. Section 261.36, unnumbered paragraph 1, Code
352023, is amended to read as follows:
-1428- 1The commission shall have necessary powers to carry out its
2purposes and duties under this subchapter subpart, including
3but not limited to the power to:
4 Sec. 2625. Section 261.37, unnumbered paragraph 1, Code
52023, is amended to read as follows:
6The duties of the commission under this subchapter subpart
7 shall be as follows:
8 Sec. 2626. Section 261.37, subsections 5 and 7, Code 2023,
9are amended to read as follows:
105. To adopt rules pursuant to chapter 17A to implement
11the provisions of this subchapter subpart, including
12establishing standards for educational institutions, lenders,
13and individuals to become eligible institutions, lenders, and
14borrowers. Notwithstanding any contrary provisions in chapter
15537, the rules and standards established shall be consistent
16with the requirements provided in the Higher Education Act of
171965.
187. To establish an effective system for the collection of
19delinquent loans, including the adoption of an agreement with
20the department of administrative services to set off against
21a defaulter’s income tax refund or rebate the amount that is
22due because of a default on a loan made under this subchapter
23 subpart. The commission shall adopt rules under chapter 17A
24necessary to assist the department of administrative services
25in the implementation of the student loan setoff program as
26established under section 8A.504. The commission shall apply
27administrative wage garnishment procedures authorized under the
28federal Higher Education Act of 1965, as amended and codified
29in 20 U.S.C. §1071 et seq., for all delinquent loans, including
30loans authorized under section 261.38, when a defaulter who is
31financially capable of paying fails to voluntarily enter into a
32reasonable payment agreement. In no case shall the commission
33garnish more than the amount authorized by federal law for
34all loans being collected by the commission, including those
35authorized under section 261.38.
-1429-1 Sec. 2627. Section 261.42, Code 2023, is amended to read as
2follows:
3261.42 Short title.
4This subchapter subpart shall be known and may be cited as
5the “Iowa Guaranteed Loan Program”.
6 Sec. 2628. Section 261.43A, Code 2023, is amended to read
7as follows:
8261.43A Security interest in education loans.
9A nonprofit organization qualifying for tax-exempt status
10under the Internal Revenue Code, as defined in section 422.3,
11that provides or acquires education loans in the organization’s
12normal course of business shall, notwithstanding any contrary
13provision of chapter 554 or other state law, establish and
14perfect a security interest and establish priority over other
15security interests in such education loans by filing in the
16same manner as provided for perfecting a security interest in
17a student loan pursuant to 20 U.S.C. §1082(m)(1)(E). This
18section applies to education loans provided under this chapter
19 part by such nonprofit organizations and other education loans
20provided by such nonprofit organizations.
21 Sec. 2629. Section 261.87, subsection 1, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23As used in this subchapter subpart, unless the context
24otherwise requires:
25 Sec. 2630. Section 261.102, subsection 7, Code 2023, is
26amended to read as follows:
277. “Program” means the Iowa minority academic grants
28for economic success program established in this subchapter
29 subpart.
30 Sec. 2631. Section 261.110, subsections 1 and 5, Code 2023,
31are amended to read as follows:
321. A teach Iowa scholar program is established to provide
33teach Iowa scholar grants to selected high-caliber teachers.
34The commission shall administer the program in collaboration
35with the department of education.
-1430- 15. The commission, in collaboration with the department
2of education, shall adopt rules pursuant to chapter 17A to
3administer this section. The rules shall include but shall not
4be limited to a process for use by the commission to determine
5which eligible applicants will receive teach Iowa scholar
6grants.
7 Sec. 2632. Section 261.110, subsection 3, paragraph a, Code
82023, is amended to read as follows:
9a. The applicant was in the top twenty-five percent
10academically of students exiting a teacher preparation program
11approved by the state board of education pursuant to section
12256.7, subsection 3, or a similar teacher preparation program
13in another state, or had earned other comparable academic
14credentials.
15 Sec. 2633. Section 261.111, subsection 2, Code 2023, is
16amended to read as follows:
172. The director of the department of education shall
18annually designate the areas in which teacher shortages are
19anticipated. The director shall periodically conduct a survey
20of school districts, accredited nonpublic schools, and approved
21practitioner preparation programs to determine current shortage
22areas and predict future shortage areas.
23 Sec. 2634. Section 261.112, subsections 1 and 2, Code 2023,
24are amended to read as follows:
251. A teacher shortage loan forgiveness program is
26established to be administered by the commission. A teacher
27is eligible for the program if the teacher is practicing in
28a teacher shortage area as designated by the department of
29education pursuant to subsection 2. A person is ineligible
30for this program if the person receives a grant under section
31261.110 or a forgivable loan under section 261.111. For
32purposes of this section, “teacher” means an individual holding
33a practitioner’s license issued under chapter 272 part 3, who
34is employed in a nonadministrative position in a designated
35shortage area by a school district or area education agency
-1431-1pursuant to a contract issued by a board of directors under
2section 279.13.
32. The director of the department of education shall
4annually designate the geographic or subject areas experiencing
5teacher shortages. The director shall periodically conduct a
6survey of school districts, accredited nonpublic schools, and
7approved practitioner preparation programs to determine current
8shortage areas.
9 Sec. 2635. Section 261.130, subsection 2, Code 2023, is
10amended to read as follows:
112. Skilled workforce shortage tuition grants shall be
12awarded only to students pursuing a career-technical or career
13option program in an industry identified as having a shortage
14of skilled workers by a community college after conducting a
15regional skills gap analysis or as being a high-demand job by
16the department of workforce development in the department’s
17 department of workforce development’s most recent list of
18high-demand jobs. If a community college no longer identifies
19the industry as having a shortage of skilled workers or the
20department of workforce development no longer identifies the
21industry as a high-demand job, an eligible student who received
22a grant for a career-technical or career option program based
23on that identification shall continue to receive the grant
24until achieving a postsecondary credential, up to an associate
25degree, as long as the student is continuously enrolled in
26that program and continues to meet all other eligibility
27requirements.
28 Sec. 2636. Section 261.131, subsection 1, paragraph b, Code
292023, is amended to read as follows:
30b. “Approved state-recognized work-based learning program”
31means a structured educational and training program that
32includes authentic worksite training and is approved by the
33department of education according to a process established
34under rules adopted pursuant to section 256.7, subsection 34.
35 Sec. 2637. Section 261.132, subsection 1, paragraph c, Code
-1432-12023, is amended to read as follows:
2c. “Eligible program” means a program of study or an
3academic major jointly approved by the commission and the
4department of workforce development, in consultation with the
5eligible institution, that leads to a bachelor’s degree aligned
6with a high-demand job designated by the workforce development
7board pursuant to section 84A.1B, subsection 14. If the
8department of workforce development removes a high-demand job
9from the list created under section 84A.1B, subsection 14, an
10eligible student who received a grant for a program based on
11that high-demand job shall continue to receive the grant until
12achieving a bachelor’s degree as long as the student continues
13to meet all other eligibility requirements.
14 Sec. 2638. Section 261B.11A, subsection 1, Code 2023, is
15amended to read as follows:
161. Students attending schools required to register under
17this chapter are ineligible for state student financial aid
18programs established under chapter 261 256, subchapter VII,
19part 4.
20 Sec. 2639. Section 261F.1, subsection 5, paragraph e, Code
212023, is amended to read as follows:
22e. State education grants, scholarships, or financial aid
23funds administered under chapter 261 256, subchapter VII, part
244.
25 Sec. 2640. Section 261G.4, subsections 1, 2, and 5, Code
262023, are amended to read as follows:
271. Notwithstanding any other provision of law to the
28contrary, a participating nonresident institution shall not
29be required to register under chapter 261B or to comply with
30the registration and disclosure requirements of chapter 261
31 256, subchapter VII, part 4, or chapter 261B or section 714.17,
32subsections 2 and 3, or sections 714.18, 714.20, 714.21, and
33714.23, or section 714.24, subsections 1, 2, 3, 4, and 5, or
34section 714.25, if the provisions of an interstate reciprocity
35agreement prohibit such registration or compliance.
-1433- 12. Notwithstanding any other provision of law to the
2contrary, a participating resident institution shall be
3required to register under chapter 261B or to comply with the
4registration and disclosure requirements of chapter 261 256,
5subchapter VII, part 4, or chapter 261B or section 714.17,
6subsections 2 and 3, or sections 714.18, 714.20, 714.21, and
7714.23, or section 714.24, subsections 1, 2, 3, 4, and 5, or
8section 714.25, if the provisions of the interstate reciprocity
9agreement require such registration or compliance.
105. Students attending a participating nonresident
11institution are ineligible for state student financial aid
12programs established under chapter 261 256, subchapter VII,
13part 4.
14 Sec. 2641. CODE EDITOR DIRECTIVE.
151. The Code editor is directed to make the following
16transfers:
17a. Section 261.1 to section 256.176.
18b. Section 261.2 to section 256.177.
19c. Section 261.3 to section 256.178.
20d. Section 261.4 to section 256.179.
21e. Section 261.5 to section 256.180.
22f. Section 261.7 to section 256.181.
23g. Section 261.8 to section 256.182.
24h. Section 261.9 to section 256.183.
25i. Section 261.10 to section 256.184.
26j. Section 261.11 to section 256.185.
27k. Section 261.12 to section 256.186.
28l. Section 261.13 to section 256.187.
29m. Section 261.14 to section 256.188.
30n. Section 261.15 to section 256.189.
31o. Section 261.16 to section 256.190.
32p. Section 261.16A to section 256.191.
33q. Section 261.17 to section 256.192.
34r. Section 261.20 to section 256.193.
35s. Section 261.25 to section 256.194.
-1434- 1t. Section 261.35 to section 256.195.
2u. Section 261.36 to section 256.196.
3v. Section 261.37 to section 256.197.
4w. Section 261.38 to section 256.198.
5x. Section 261.42 to section 256.199.
6y. Section 261.43 to section 256.200.
7z. Section 261.43A to section 256.201.
8aa. Section 261.62 to section 256.202.
9ab. Section 261.71 to section 256.203.
10ac. Section 261.72 to section 256.204.
11ad. Section 261.73 to section 256.205.
12ae. Section 261.81 to section 256.206.
13af. Section 261.83 to section 256.207.
14ag. Section 261.84 to section 256.208.
15ah. Section 261.85 to section 256.209.
16ai. Section 261.86 to section 256.210.
17aj. Section 261.86A to section 256.211.
18ak. Section 261.87 to section 256.212.
19al. Section 261.101 to section 256.213.
20am. Section 261.102 to section 256.214.
21an. Section 261.103 to section 256.215.
22ao. Section 261.104 to section 256.216.
23ap. Section 261.105 to section 256.217.
24aq. Section 261.110 to section 256.218.
25ar. Section 261.111 to section 256.219.
26as. Section 261.112 to section 256.220.
27at. Section 261.113 to section 256.221.
28au. Section 261.114 to section 256.222.
29av. Section 261.115 to section 256.223.
30aw. Section 261.116 to section 256.224.
31ax. Section 261.117 to section 256.225.
32ay. Section 261.120 to section 256.226.
33az. Section 261.130 to section 256.227.
34ba. Section 261.131 to section 256.228.
35bb. Section 261.132 to section 256.229.
-1435- 12. The Code editor shall correct internal references in the
2Code and in any enacted legislation as necessary due to the
3enactment of this section.
43. a. The Code editor may designate sections 256.176
5through 256.229, as enacted in this division of this Act, as
6new part 4 entitled “College Student Aid Commission” within the
7subchapter entitled “Higher education division” as enacted by
8another division of this Act.
9b. The Code editor shall designate sections 256.176 through
10256.229 into the following subparts:
11(1) Sections 256.176 through 256.182 shall be designated as
12subpart A and entitled “General Provisions”.
13(2) Sections 256.183 through 256.194 shall be designated as
14subpart B and entitled “Tuition Grants to Students”.
15(3) Sections 256.195 through 256.201 shall be designated as
16subpart C and entitled “Iowa Guaranteed Loan Program”.
17(4) Section 256.202 shall be designated as subpart D and
18entitled “Iowa State Fair Scholarship”.
19(5) Sections 256.203 through 256.205 shall be designated
20as subpart E and entitled “Chiropractic Graduate Student
21Forgivable Loan Program”.
22(6) Sections 256.206 through 256.209 shall be designated as
23subpart F and entitled “Work-Study Program”.
24(7) Sections 256.210 through 256.211 shall be designated as
25subpart G and entitled “National Guard Educational Assistance”.
26(8) Section 256.212 shall be designated as subpart H and
27entitled “All Iowa Opportunity Scholarships”.
28(9) Sections 256.213 through 256.217 shall be designated as
29subpart I and entitled “Minority Academic Grants for Economic
30Success”.
31(10) Sections 256.218 through 256.220 shall be designated
32as subpart J and entitled “Teach Iowa Scholar Grants and
33Teacher Shortage Forgivable Loan and Loan Forgiveness
34Programs”.
35(11) Sections 256.221 through 256.226 shall be designated
-1436-1as subpart K and entitled “Other Loan Repayment and Forgiveness
2Programs — Health Professions”.
3(12) Sections 256.227 through 256.229 shall be designated
4as subpart L and entitled “Skilled Workforce Shortage Tuition
5Grant Program”.
6 Sec. 2642. TRANSITION PROVISIONS.
71. Any scholarship, loan, or grant awarded under a
8program administered by the college student aid commission in
9accordance with chapter 261 prior to the effective date of this
10division of this Act is valid and shall continue as provided in
11the terms of the scholarship, loan, or grant.
122. Federal funds utilized by the college student aid
13commission prior to the effective date of this division of this
14Act to employ personnel necessary for the administration of the
15college student aid commission’s programs shall be applied to
16and be available for the transfer of such personnel from the
17college student aid commission to the higher education division
18of the department of education.
19 Sec. 2643. APPLICABILITY. This division of this Act
20applies to individuals appointed as the executive director of
21the college student aid commission before, on, or after the
22effective date of this division of this Act.
23COMMUNITY COLLEGES BUREAU
24 Sec. 2644. Section 256.9, subsection 36, Code 2023, is
25amended by striking the subsection.
26 Sec. 2645. Section 260C.2, Code 2023, is amended by adding
27the following new subsections:
28 NEW SUBSECTION. 01. “Bureau” means the community colleges
29bureau of the higher education division of the department
30established under section 260C.6.
31 NEW SUBSECTION. 001. “Bureau chief” means the bureau
32chief of the community colleges bureau of the higher education
33division of the department.
34 Sec. 2646. Section 260C.5, Code 2023, is amended to read as
35follows:
-1437- 1260C.5 Duties of director Community colleges bureau — duties
2of bureau chief.
3The director shall appoint the bureau chief, and the bureau
4chief shall direct the work of the personnel as necessary to
5carry out this chapter. The bureau chief shall do all of the
6following:
71. Designate a community college as an “area career and
8technical education school” within the meaning of, and for the
9purpose of administering, the federal Carl D. Perkins Career
10and Technical Education Improvement Act of 2006. A community
11college shall not be so designated by the director for the
12expenditure of funds under 20 U.S.C. §2301 et seq., as amended,
13which has not been designated and classified as a community
14college by the state board.
152. Change boundaries of director districts in a merged area
16when the board fails to change boundaries as required by law.
173. Make changes in boundaries of merged areas with the
18approval of the board of directors of each merged area affected
19by the change. When the boundaries of a merged area are
20changed, the director of the department of education may
21authorize the board of directors of the merged area to levy
22additional taxes upon the property within the merged area, or
23any part of the merged area, and distribute the taxes so that
24all parts of the merged area are paying their share toward the
25support of the college.
264. Administer, allocate, and disburse federal or state
27funds made available to pay a portion of the cost of acquiring
28sites for and constructing, acquiring, or remodeling facilities
29for community colleges, and establish priorities for the use
30of such funds.
315. Administer, allocate, and disburse federal or state
32funds available to pay a portion of the operating costs of
33community colleges.
346. Propose administrative rules to carry out this chapter
35subject to approval of the state board.
-1438- 17. Enter into contracts with local school boards within the
2area that have and maintain a career and technical education
3program and with private schools or colleges in the cooperative
4or merged areas to provide courses or programs of study in
5addition to or as a part of the curriculum made available in
6the community college.
78. Make arrangements with boards of merged areas and local
8school districts to permit students attending high school to
9participate in career and technical education programs and
10advanced college placement courses and obtain credit for such
11participation for application toward the completion of a high
12school diploma. The granting of credit is subject to the
13approval of the director of the department of education.
149. Prescribe a uniform system of accounting for community
15colleges.
1610. Ensure that community colleges that provide
17intercollegiate athletics as a part of their program comply
18with section 216.9.
1911. Develop an application and review process for approval
20of administrative and program sharing agreements between two
21or more community colleges or a community college and an
22institution of higher education under the board of regents
23entered into pursuant to section 260C.46.
24 Sec. 2647. Section 260C.6, Code 2023, is amended to read as
25follows:
26260C.6 Community colleges division in department bureau in
27the higher education division.
28A community colleges division bureau shall be established
29within the higher education division of the department of
30education. The division bureau shall exercise the powers and
31perform the duties conferred by law upon the department with
32respect to community colleges.
33 Sec. 2648. Section 260C.18, subsection 1, Code 2023, is
34amended to read as follows:
351. Federal funds made available and administered by the
-1439-1director of the department of education, for purposes provided
2by federal laws, rules, and regulations.
3 Sec. 2649. Section 260C.46, Code 2023, is amended to read
4as follows:
5260C.46 Program and administrative sharing.
6By September 1, 1990, the The department shall establish
7guidelines and an approval process for program sharing
8agreements and for administrative sharing agreements entered
9into by two or more community colleges or by a community
10college and a higher education institution under the control
11of the board of regents. Guidelines established shall be
12designed to increase student access to programs, enhance
13educational program offerings throughout the state, and enhance
14interinstitutional cooperation in program offerings.
15DIVISION XV
16COMMERCE
17CONSUMER ADVOCATE
18 Sec. 2650. Section 475A.3, subsections 1 and 3, Code 2023,
19are amended to read as follows:
201. Office. The office of consumer advocate shall be a
21separate division of the department of justice and located at
22the same location as the utilities division of the department
23of commerce board. Administrative support services may be
24provided to the consumer advocate division by the department of
25commerce utilities board.
263. Salaries, expenses, and appropriation. The salary of
27the consumer advocate shall be fixed by the attorney general
28within the salary range set by the general assembly. The
29salaries of employees of the consumer advocate shall be at
30rates of compensation consistent with current standards in
31industry. The reimbursement of expenses for the employees and
32the consumer advocate is as provided by law. The appropriation
33for the office of consumer advocate shall be a separate line
34item contained in the appropriation from the department of
35 commerce revolving fund created in section 546.12.
-1440-1 Sec. 2651. Section 475A.4, Code 2023, is amended to read as
2follows:
3475A.4 Utilities division board records.
4The consumer advocate has free access to all the files,
5records, and documents in the office of the utilities division
6 board except:
71. Personal information in confidential personnel records
8of the utilities division board.
92. Records which represent and constitute the work product
10of the general counsel of the utilities board, and records of
11confidential communications between utilities board members and
12their general counsel, where the records relate to a proceeding
13before the board in which the consumer advocate is a party or
14a proceeding in any state or federal court in which both the
15board and the consumer advocate are parties.
163. Customer information of a confidential nature which
17could jeopardize the customer’s competitive status and
18is provided by the utility to the division board. Such
19information shall be provided to the consumer advocate by the
20division board, if the board determines it to be in the public
21interest.
22 Sec. 2652. Section 475A.6, Code 2023, is amended to read as
23follows:
24475A.6 Certification of expenses to utilities division board.
251. a. The consumer advocate shall determine the advocate’s
26expenses, including a reasonable allocation of general office
27expenses, directly attributable to the performance of the
28advocate’s duties involving specific persons subject to direct
29assessment, and shall certify the expenses to the utilities
30division board not less than quarterly. The expenses shall
31then be includable in the expenses of the division board
32 subject to direct assessment under section 476.10.
33b. The consumer advocate shall annually, within ninety
34days after the close of each fiscal year, determine the
35advocate’s expenses, including a reasonable allocation of
-1441-1general office expenses, attributable to the performance of the
2advocate’s duties generally, and shall certify the expenses
3to the utilities division board. The expenses shall then be
4includable in the expenses of the division board subject to
5remainder assessment under section 476.10.
62. The consumer advocate is entitled to notice and
7opportunity to be heard in any utilities board proceeding
8on objection to an assessment for expenses certified by the
9consumer advocate. Expenses assessed under this section shall
10not exceed the amount appropriated for the consumer advocate
11division of the department of justice.
123. The office of consumer advocate may expend additional
13funds, including funds for outside consultants, if those
14additional expenditures are actual expenses which exceed
15the funds budgeted for the performance of the advocate’s
16duties. Before the office expends or encumbers an amount in
17excess of the funds budgeted, the director of the department
18of management shall approve the expenditure or encumbrance.
19Before approval is given, the director of the department of
20management shall determine that the expenses exceed the funds
21budgeted by the general assembly to the office of consumer
22advocate and that the office does not have other funds from
23which such expenses can be paid. Upon approval of the director
24of the department of management, the office may expend and
25encumber funds for excess expenses. The amounts necessary
26to fund the excess expenses shall be collected from those
27utilities or persons which caused the excess expenditures,
28and the collections shall be treated as repayment receipts as
29defined in section 8.2, subsection 8.
30IOWA UTILITIES BOARD
31 Sec. 2653. Section 6A.21, subsection 2, Code 2023, is
32amended to read as follows:
332. The limitation on the definition of public use,
34public purpose, or public improvement does not apply to the
35establishment, relocation, or improvement of a road pursuant
-1442-1to chapter 306, or to the establishment of a railway under the
2supervision of the department of transportation as provided in
3section 327C.2, or to an airport as defined in section 328.1,
4or to land acquired in order to replace or mitigate land used
5in a road project when federal law requires replacement or
6mitigation. This limitation also does not apply to utilities,
7persons, companies, or corporations under the jurisdiction of
8the Iowa utilities board in the department of commerce or to
9any other utility conferred the right by statute to condemn
10private property or to otherwise exercise the power of eminent
11domain, except to the extent such purpose includes construction
12of aboveground merchant lines.
13 Sec. 2654. Section 6B.42, subsection 2, paragraphs b and d,
14Code 2023, are amended to read as follows:
15b. A person aggrieved by a determination made by a utility
16as to eligibility for relocation assistance, a payment, or
17the amount of the payment, upon application, may have the
18matter reviewed by the utilities division of the department of
19commerce board.
20d. A utility or railroad subject to this section that
21proposes to displace a person shall inform the person of the
22person’s right to receive relocation assistance and payments,
23and of an aggrieved person’s right to appeal to the utilities
24division of the department of commerce board or the state
25department of transportation.
26 Sec. 2655. Section 6B.45, subsection 1, Code 2023, is
27amended to read as follows:
281. When any real property or interest in real property
29is to be purchased, or in lieu thereof to be condemned, the
30acquiring agency or its agent shall submit to the person,
31corporation, or entity whose property or interest in the
32property is to be taken, by ordinary mail, at least ten days
33prior to the date upon which the acquiring agency or its agent
34contacts the property owner to commence negotiations, a copy
35of the appraisal in its entirety upon such real property or
-1443-1interest in such real property prepared for the acquiring
2agency or its agent, which shall include, at a minimum, an
3itemization of the appraised value of the real property or
4interest in the property, any buildings on the property, all
5other improvements including fences, severance damages, and
6loss of access. In determining fair market value of property,
7the acquiring agency shall not consider only the assessed value
8assigned to such property for purposes of property taxation.
9The appraisal sent to the condemnee shall be that appraisal
10upon which the condemnor will rely to establish an amount
11which the condemnor believes to be just compensation for the
12real property. All other appraisals made on the property as a
13result of the condemnation proceeding shall be made available
14to the condemnee upon request. In lieu of an appraisal, a
15utility or person under the jurisdiction of the utilities board
16of the department of commerce, or any other utility conferred
17the right by statute to condemn private property, shall provide
18in writing by certified mail to the owner of record thirty
19days prior to negotiations, the methods and factors used in
20arriving at an offered price for voluntary easements including
21the range of cash amount of each component. An acquiring
22agency may obtain a signed written waiver from the landowner to
23allow negotiations to commence prior to the expiration of the
24applicable waiting period for the commencement of negotiations.
25 Sec. 2656. Section 6B.54, subsections 2 and 3, Code 2023,
26are amended to read as follows:
272. Real property shall be appraised as required by section
286B.45 before the initiation of negotiations, and the owner
29or the owner’s designated representative shall be given
30an opportunity to accompany at least one appraiser of the
31acquiring agency during an inspection of the property, except
32that an acquiring agency may prescribe a procedure to waive the
33appraisal in cases involving the acquisition of property with
34a low fair market value. In lieu of an appraisal, a utility
35or person under the jurisdiction of the utilities board of the
-1444-1department of commerce, or any other utility conferred the
2right by statute to condemn private property, shall provide in
3writing by certified mail to the owner of record thirty days
4before negotiations, the methods and factors used in arriving
5at an offered price for voluntary easements including the range
6of cash amount of each component.
73. Before the initiation of negotiations for real property,
8the acquiring agency shall establish an amount which it
9believes to be just compensation for the real property, and
10shall make a prompt offer to acquire the property for the full
11amount established by the agency. In no event shall the amount
12be less than the fair market value the acquiring agency has
13established for the property or property interest pursuant
14to the appraisal required in section 6B.45 or less than the
15value determined under the acquiring agency’s waiver procedure
16established pursuant to subsection 2. A purchase offer made
17by an acquiring agency shall include provisions for payment to
18the owner of expenses, including relocation expenses, expenses
19listed in subsection 10, and other expenses required by law
20to be paid by an acquiring agency to a condemnee. However,
21in the alternative, the acquiring agency may make, and the
22owner may accept, a purchase offer from the acquiring agency
23that is an amount equal to one hundred thirty percent of the
24appraisal amount plus payment to the owner of expenses listed
25in subsection 10, once those expenses have been determined. If
26the owner accepts such a purchase offer, the owner is barred
27from claiming payment from the acquiring agency for any other
28expenses allowed by law. In the case of a utility or person
29under the jurisdiction of the utilities board of the department
30of commerce, or any other utility conferred the right by
31statute to condemn private property, the amount shall not be
32less than the amount indicated by the methods and factors used
33in arriving at an offered price for a voluntary easement. The
34option to make an alternative purchase offer does not apply
35when property is being acquired for street and highway projects
-1445-1undertaken by the state, a county, or a city.
2 Sec. 2657. Section 8C.2, subsection 3, paragraph b, Code
32023, is amended to read as follows:
4b. The utilities division of the department of commerce
5 board.
6 Sec. 2658. Section 12.10, Code 2023, is amended to read as
7follows:
812.10 Deposits by state officers.
9Except as otherwise provided, all elective and appointive
10state officers, boards, commissions, and departments shall,
11within ten days succeeding the collection, deposit with the
12treasurer of state, or to the credit of the treasurer of state
13in any depository designated by the treasurer of state, ninety
14percent of all fees, commissions, and moneys collected or
15received. The balance actually collected in cash, remaining
16in the hands of any officer, board, or department shall not
17exceed the sum of five thousand dollars and money collected
18shall not be held more than thirty days. This section does not
19apply to the state fair board, the state board of regents, the
20utilities board of the department of commerce, the director of
21the department of human services, the Iowa finance authority or
22to the funds received by the state racing and gaming commission
23under sections 99D.7 and 99D.14.
24 Sec. 2659. Section 15H.6, subsection 1, Code 2023, is
25amended to read as follows:
261. The commission, in collaboration with the department of
27natural resources, the department of workforce development,
28and the utilities board of the department of commerce, shall
29establish an Iowa green corps program. The commission shall
30work with the collaborating agencies and nonprofit agencies
31in developing a strategy for attracting additional financial
32resources for the program from other sources which may include
33but are not limited to utilities, private sector, and local,
34state, and federal government funding sources. The financial
35resources received shall be credited to the community programs
-1446-1account created pursuant to section 15H.5.
2 Sec. 2660. Section 22.7, subsection 71, Code 2023, is
3amended to read as follows:
471. Information and records related to cyber security
5information or critical infrastructure, the disclosure of which
6may expose or create vulnerability to critical infrastructure
7systems, held by the utilities board of the department of
8commerce or the department of homeland security and emergency
9management for purposes relating to the safeguarding of
10telecommunications, electric, water, sanitary sewage, storm
11water drainage, energy, hazardous liquid, natural gas, or
12other critical infrastructure systems. For purposes of this
13subsection, “cyber security information” includes but is not
14limited to information relating to cyber security defenses,
15threats, attacks, or general attempts to attack cyber system
16operations.
17 Sec. 2661. Section 313.4, subsection 4, paragraph b, Code
182023, is amended to read as follows:
19b. The costs of serving freeway lighting for each utility
20providing the service shall be determined by the utilities
21division of the department of commerce board, and rates for
22such service shall be no higher than necessary to recover these
23costs. Funds received under the provisions of this subsection
24shall be used solely for the operation and maintenance of a
25freeway lighting system.
26 Sec. 2662. Section 320.4, subsection 1, Code 2023, is
27amended to read as follows:
281. To lay gas mains in highways outside cities to local
29municipal distributing plants or companies, but not to pipeline
30companies. This section shall not apply to or include pipeline
31companies required to obtain a license from the utilities
32division of the department of commerce board.
33 Sec. 2663. Section 357A.19, Code 2023, is amended to read
34as follows:
35357A.19 Not exempt from other requirements.
-1447- 1This chapter does not exempt any district from the
2requirements of any other statute, whether enacted prior to
3or subsequent to July 1, 1970, under which the district is
4required to obtain the permission or approval of, or to notify,
5the department, the utilities division of the department
6of commerce board, or any other agency of this state or of
7any of its political subdivisions prior to proceeding with
8construction, acquisition, operation, enlargement, extension,
9or alteration of any works or facilities which the district is
10authorized to undertake pursuant to this chapter.
11 Sec. 2664. Section 364.3, subsection 13, paragraph b,
12subparagraph (2), Code 2023, is amended to read as follows:
13(2) Paragraph “a” does not apply to an ordinance, motion,
14resolution, or amendment relating to the rates, services, or
15governance of a public utility providing gas service to the
16public for compensation and subject to the jurisdiction of
17the utilities board of the department of commerce pursuant to
18section 476.1B.
19 Sec. 2665. Section 364.23, Code 2023, is amended to read as
20follows:
21364.23 Energy-efficient lighting required.
22All city-owned exterior flood lighting, including but not
23limited to street and security lighting but not including era
24or period lighting which has a minimum efficiency rating of
25fifty-eight lumens per watt and not including stadium or ball
26park lighting, shall be replaced, when worn-out, exclusively
27with high pressure sodium lighting or lighting with equivalent
28or better energy efficiency as approved in rules adopted by the
29utilities board within the utilities division of the department
30of commerce. In lieu of the requirements established for
31replacement lighting under this section, stadium or ball park
32lighting shall be replaced, when worn-out, with the most
33energy-efficient lighting available at the time of replacement
34which may include metal halide, high-pressure sodium, or other
35light sources which may be developed.
-1448-1 Sec. 2666. Section 384.84, subsection 3, paragraph a, Code
22023, is amended to read as follows:
3a. A city utility or enterprise service to a property or
4premises, including services of sewer systems, storm water
5drainage systems, sewage treatment, solid waste collection,
6water, solid waste disposal, or any of these services, may be
7discontinued or disconnected if the account for the service
8becomes delinquent. Gas or electric service provided by a city
9utility or enterprise shall be discontinued or disconnected
10only as provided by section 476.20, subsections 1 through
114, and discontinuance or disconnection of those services
12is subject to rules adopted by the utilities board of the
13department of commerce.
14 Sec. 2667. Section 422.93, Code 2023, is amended to read as
15follows:
16422.93 Public utility accounting method.
17Nothing in this chapter shall be construed to require the
18utilities board of the department of commerce to allow or
19require the use of any particular method of accounting by
20any public utility to compute its tax expense, depreciation
21expense, or operating expense for purposes of establishing its
22cost of service for rate-making purposes and for reflecting
23operating results in its regulated books of account.
24 Sec. 2668. Section 474.1, Code 2023, is amended to read as
25follows:
26474.1 Creation of division and board — organization.
271. A utilities division board is created within the
28department of commerce. The policymaking body for the division
29is the utilities board which is created within the division.
30 The board is composed shall consist of three members appointed
31by the governor and subject to confirmation by the senate, not
32more than two of whom shall be from the same political party.
33Each member appointed shall serve for six-year staggered terms
34beginning and ending as provided by section 69.19. Vacancies
35shall be filled for the unexpired portion of the term in the
-1449-1same manner as full-term appointments are made.
22. a. Subject to confirmation by the senate, the governor
3shall appoint a member as the chairperson of the board. The
4chairperson shall be the administrator of the utilities
5division board. The appointment as chairperson shall be for
6a two-year term which begins and ends as provided in section
769.19.
8b. The board shall appoint a chief operating officer to
9manage the operations of the utilities division as directed
10by the board. The board shall set the salary of the chief
11operating officer within the limits of the pay plan for exempt
12positions provided for in section 8A.413, subsection 3, unless
13otherwise provided by the general assembly. The board may
14employ additional personnel as it finds necessary.
153. The utilities board shall regulate and supervise public
16utilities operating in the state. The board shall enforce and
17implement chapters 476, 476A, 477C, 478, 479, 479A, and 479B
18and shall perform other duties assigned to it by law.
193. 4. As used in this chapter and chapters 475A, 476,
20476A, 477C, 478, 479, 479A, and 479B, “division” “board” and
21“utilities division” “utilities board” mean the Iowa utilities
22division of the department of commerce board.
23 Sec. 2669. Section 476.1, subsection 1, Code 2023, is
24amended to read as follows:
251. The utilities board within the utilities division of the
26department of commerce shall regulate the rates and services of
27public utilities to the extent and in the manner hereinafter
28provided.
29 Sec. 2670. Section 476.1, subsection 2, Code 2023, is
30amended by striking the subsection.
31 Sec. 2671. Section 476.1A, subsection 1, paragraph a, Code
322023, is amended to read as follows:
33a. Assessment of fees for the support of the division
34 board and the office of consumer advocate, pursuant to section
35476.10.
-1450-1 Sec. 2672. Section 476.1B, subsection 1, paragraph a, Code
22023, is amended to read as follows:
3a. Assessment of fees for the support of the division board
4 and the office of consumer advocate, as set forth in section
5476.10.
6 Sec. 2673. Section 476.3, subsection 2, Code 2023, is
7amended to read as follows:
82. If, as a result of a review procedure conducted under
9section 476.31, a review conducted under section 476.32, a
10special audit, an investigation by division board staff, or
11an investigation by the consumer advocate, a petition is
12filed with the board by the consumer advocate, alleging that
13a utility’s rates are excessive, the disputed amount shall be
14specified in the petition. The public utility shall, within
15the time prescribed by the board, file a bond or undertaking
16approved by the board conditioned upon the refund in a manner
17prescribed by the board of amounts collected after the date of
18filing of the petition in excess of rates or charges finally
19determined by the board to be lawful. If upon hearing the
20board finds that the utility’s rates are unlawful, the board
21shall order a refund, with interest, of amounts collected
22after the date of filing of the petition that are determined
23to be in excess of the amounts which would have been collected
24under the rates finally approved. However, the board shall
25not order a refund that is greater than the amount specified
26in the petition, plus interest, and if the board fails to
27render a decision within ten months following the date of
28filing of the petition, the board shall not order a refund of
29any excess amounts that are collected after the expiration of
30that ten-month period and prior to the date the decision is
31rendered.
32 Sec. 2674. Section 476.10, Code 2023, is amended to read as
33follows:
34476.10 Investigations — expense — appropriation.
351. a. In order to carry out the duties imposed upon
-1451-1it by law, the board may, at its discretion, allocate and
2charge directly the expenses attributable to its duties to
3the person bringing a proceeding before the board, to persons
4participating in matters before the board, or to persons
5subject to inspection by the board. The board shall ascertain
6the certified expenses incurred and directly chargeable by
7the consumer advocate division of the department of justice
8in the performance of its duties. The board and the consumer
9advocate separately may decide not to charge expenses to
10persons who, without expanding the scope of the proceeding
11or matter, intervene in good faith in a board proceeding
12initiated by a person subject to the board’s jurisdiction,
13the consumer advocate, or the board on its own motion. For
14assessments in any proceedings or matters before the board, the
15board and the consumer advocate separately may consider the
16financial resources of the person, the impact of assessment on
17participation by intervenors, the nature of the proceeding or
18matter, and the contribution of a person’s participation to the
19public interest. The board may present a bill for expenses
20under this subsection to the person, either at the conclusion
21of a proceeding or matter, or from time to time during its
22progress. Presentation of a bill for expenses under this
23subsection constitutes notice of direct assessment and request
24for payment in accordance with this section.
25b. The board shall ascertain the total of the division’s
26 board’s expenses incurred during each fiscal year in the
27performance of its duties under law. The board shall add to
28the total of the division’s board’s expenses the certified
29expenses of the consumer advocate as provided under section
30475A.6. The board shall deduct all amounts charged directly
31to any person from the total expenses of the board and the
32consumer advocate. The board may assess the amount remaining
33after the deduction to all persons providing service over which
34the board has jurisdiction in proportion to the respective
35gross operating revenues of such persons from intrastate
-1452-1operations during the last calendar year over which the board
2has jurisdiction. For purposes of determining gross operating
3revenues under this section, the board shall not include gross
4receipts received by a cooperative corporation or association
5for wholesale transactions with members of the cooperative
6corporation or association, provided that the members are
7subject to assessment by the board based upon the members’
8gross operating revenues, or provided that such a member is
9an association whose members are subject to assessment by the
10board based upon the members’ gross operating revenues. If
11any portion of the remainder can be identified with a specific
12type of utility service, the board shall assess those expenses
13only to the entities providing that type of service over which
14the board has jurisdiction. The board may make the remainder
15assessments under this paragraph to some or all persons
16providing service over which the board has jurisdiction, based
17upon estimates of the expenditures for the fiscal year for
18the utilities division board and the consumer advocate. Not
19more than ninety days following the close of the fiscal year,
20the utilities division board shall conform the amount of the
21prior fiscal year’s assessments to the requirements of this
22paragraph. For gas and electric public utilities exempted from
23rate regulation pursuant to this chapter, and for providers
24of telecommunications service required to register with the
25board pursuant to section 476.95A that are exempted from rate
26regulation pursuant to this chapter, the remainder assessments
27under this paragraph shall be computed at one-half the rate
28used in computing the assessment for other persons.
292. a. A person subject to a charge or assessment shall
30pay the division board the amount charged or assessed against
31the person within thirty days from the time the division board
32 provides notice to the person of the amount due, unless the
33person files an objection in writing with the board setting out
34the grounds upon which the person claims that such charge or
35assessment is excessive, unreasonable, erroneous, unlawful, or
-1453-1invalid. Upon receipt of an objection, the board shall set the
2matter for hearing and issue its order in accordance with its
3findings in the proceeding.
4b. The order shall be subject to review in the manner
5provided in this chapter. All amounts collected by the
6division board pursuant to the provisions of this section
7shall be deposited with the treasurer of state and credited to
8the department of commerce revolving fund created in section
9546.12. Such amounts shall be spent in accordance with the
10provisions of chapter 8.
113. Whenever the board shall deem it necessary in order
12to carry out the duties imposed upon it in connection with
13rate regulation under section 476.6, investigations under
14section 476.3, or review proceedings under section 476.31,
15the board may employ additional temporary or permanent staff,
16or may contract with persons who are not state employees for
17engineering, accounting, or other professional services, or
18both. The costs of these additional employees and contract
19services shall be paid by the public utility whose rates
20are being reviewed in the same manner as other expenses are
21paid under this section. Beginning on July 1, 1991, there
22is appropriated out of any funds in the state treasury not
23otherwise appropriated, such sums as may be necessary to enable
24the board to hire additional staff and contract for services
25under this section. The board shall increase quarterly
26assessments specified in subsection 1, paragraph “b”, by
27amounts necessary to enable the board to hire additional staff
28and contract for services under this section. The authority to
29hire additional temporary or permanent staff that is granted to
30the board by this section shall not be subject to limitation
31by any administrative or executive order or decision that
32restricts the number of state employees or the filling of
33employee vacancies, and shall not be subject to limitation
34by any law of this state that restricts the number of state
35employees or the filling of employee vacancies unless that
-1454-1law is made applicable to this section by express reference
2to this section. Before the board expends or encumbers an
3amount in excess of the funds budgeted for rate regulation and
4before the board increases quarterly assessments pursuant to
5this subsection, the director of the department of management
6shall approve the expenditure or encumbrance. Before approval
7is given, the director of the department of management shall
8determine that the expenses exceed the funds budgeted by the
9general assembly to the board for rate regulation and that
10the board does not have other funds from which the expenses
11can be paid. Upon approval of the director of the department
12of management the board may expend and encumber funds for
13the excess expenses, and increase quarterly assessments to
14raise the additional funds. The board and the office of
15consumer advocate may add additional personnel or contract
16for additional assistance to review and evaluate energy
17efficiency plans and the implementation of energy efficiency
18programs including, but not limited to, professionally trained
19engineers, accountants, attorneys, skilled examiners and
20inspectors, and secretaries and clerks. The board and the
21office of consumer advocate may also contract for additional
22assistance in the evaluation and implementation of issues
23relating to telecommunication competition. The board and the
24office of the consumer advocate may expend additional sums
25beyond those sums appropriated. However, the authority to add
26additional personnel or contract for additional assistance
27must first be approved by the department of management. The
28additional sums for energy efficiency shall be provided to the
29board and the office of the consumer advocate by the utilities
30subject to the energy efficiency requirements in this chapter.
31Telephone companies shall pay any additional sums needed for
32assistance with telecommunication competition issues. The
33assessments shall be in addition to and separate from the
34quarterly assessment.
354. a. Fees paid to the utilities division board shall be
-1455-1deposited in the department of commerce revolving fund created
2in section 546.12. These funds shall be used for the payment,
3upon appropriation by the general assembly, of the expenses of
4the utilities division board and the consumer advocate division
5of the department of justice.
6b. The administrator and consumer advocate shall account
7for receipts and disbursements according to the separate duties
8imposed upon the utilities board and the consumer advocate
9divisions division by the laws of this state and each separate
10duty shall be fiscally self-sustaining.
11c. All fees and other moneys collected under this section
12and sections 478.4, 479.16, and 479A.9 shall be deposited into
13the department of commerce revolving fund created in section
14546.12 and expenses required to be paid under this section
15shall be paid from funds appropriated for those purposes.
16 Sec. 2675. Section 476.48, subsections 2 and 6, Code 2023,
17are amended to read as follows:
182. Program established.
19a. The utilities division board shall establish and
20administer a small wind innovation zone program to optimize
21local, regional, and state benefits from wind energy and
22to facilitate and expedite interconnection of small wind
23energy systems with electric utilities throughout this state.
24Pursuant to the program, the owner of a small wind energy
25system located within a small wind innovation zone desiring
26to interconnect with an electric utility shall benefit
27from a streamlined application process, may utilize a model
28interconnection agreement, and can qualify under a model
29ordinance.
30b. A political subdivision seeking to be designated a small
31wind innovation zone shall apply to the division board upon a
32form developed by the division board. The division board shall
33approve an application which documents that the applicable
34local government has adopted the model ordinance or is in the
35process of amending an existing zoning ordinance to comply with
-1456-1the model ordinance and that an electric utility operating
2within the political subdivision has agreed to utilize the
3model interconnection agreement to contract with the small wind
4energy system owners who agree to its terms.
56. Reporting requirements. The division board shall prepare
6a report summarizing the number of applications received from
7political subdivisions seeking to be designated a small wind
8innovation zone, the number of applications granted, the number
9of small wind energy systems generating electricity within
10each small wind innovation zone, and the amount of wind energy
11produced, and shall submit the report to the members of the
12general assembly by January 1 annually.
13 Sec. 2676. Section 476.51, subsection 5, Code 2023, is
14amended to read as follows:
155. Civil penalties collected pursuant to this section from
16utilities providing water, electric, or gas service shall
17be forwarded by the chief operating officer of the board to
18the treasurer of state to be credited to the general fund
19of the state and to be used only for the low income home
20energy assistance program and the weatherization assistance
21program administered by the division of community action
22agencies of the department of human rights. Civil penalties
23collected pursuant to this section from utilities providing
24telecommunications service shall be forwarded to the treasurer
25of state to be credited to the department of commerce revolving
26fund created in section 546.12 to be used only for consumer
27education programs administered by the board. Penalties paid
28by a rate-regulated public utility pursuant to this section
29shall be excluded from the utility’s costs when determining
30the utility’s revenue requirement, and shall not be included
31either directly or indirectly in the utility’s rates or charges
32to customers.
33 Sec. 2677. Section 476.63, Code 2023, is amended to read as
34follows:
35476.63 Energy efficiency programs.
-1457- 1The division board shall consult with the economic
2development authority in the development and implementation of
3public utility energy efficiency programs.
4 Sec. 2678. Section 476.87, subsection 3, Code 2023, is
5amended to read as follows:
63. The board shall allocate the costs and expenses
7reasonably attributable to certification and dispute resolution
8in this section to persons identified as parties to such
9proceeding who are engaged in or who seek to engage in
10providing natural gas services or other persons identified as
11participants in such proceeding. The funds received for the
12costs and the expenses of certification and dispute resolution
13shall be remitted to the treasurer of state for deposit in the
14department of commerce revolving fund created in section 546.12
15as provided in section 476.10.
16 Sec. 2679. Section 476.95B, subsection 2, Code 2023, is
17amended to read as follows:
182. In proceedings under 47 U.S.C. §251–254, the board
19shall allocate the costs and expenses of the proceedings to
20persons identified as parties in the proceeding who are engaged
21in or who seek to engage in providing telecommunications
22service or other persons identified as participants in the
23proceeding. The funds received for the costs and the expenses
24shall be remitted to the treasurer of state for deposit in the
25department of commerce revolving fund created in section 546.12
26as provided in section 476.10.
27 Sec. 2680. Section 476.103, subsection 4, paragraph c, Code
282023, is amended to read as follows:
29c. A civil penalty collected pursuant to this subsection
30shall be forwarded by the chief operating officer of the board
31to the treasurer of state to be credited to the department of
32 commerce revolving fund created in section 546.12 and to be
33used only for consumer education programs administered by the
34board.
35 Sec. 2681. Section 476A.1, subsection 2, Code 2023, is
-1458-1amended to read as follows:
22. “Board” means the utilities board within the utilities
3division of the department of commerce.
4 Sec. 2682. Section 476A.10, Code 2023, is amended to read
5as follows:
6476A.10 Costs of proceeding.
7The applicant for a certificate, or an amendment to
8certificate, shall pay all the costs and expenses incurred by
9the division board in reaching a decision on the application
10including the costs of examinations of the site, the hearing,
11publishing of notice, division board staff salaries, the cost
12of consultants employed by the division board, and other
13expenses reasonably attributable to the proceeding.
14 Sec. 2683. Section 476A.14, subsection 1, Code 2023, is
15amended to read as follows:
161. Any person who commences to construct a facility as
17provided in this subchapter without having first obtained a
18certificate, or who constructs, operates, or maintains any
19facility other than in compliance with a certificate issued by
20the board or a certificate amended pursuant to this subchapter,
21or who causes any of these acts to occur, shall be liable
22for a civil penalty of not more than ten thousand dollars
23for each violation or for each day of continuing violation.
24Civil penalties collected pursuant to this subsection shall be
25forwarded by the clerk of court to the treasurer of state for
26deposit in the department of commerce revolving fund created
27in section 546.12.
28 Sec. 2684. Section 476B.1, subsection 1, Code 2023, is
29amended to read as follows:
301. “Board” means the utilities board within the utilities
31division of the department of commerce.
32 Sec. 2685. Section 476C.1, subsection 4, Code 2023, is
33amended to read as follows:
344. “Board” means the utilities board within the utilities
35division of the department of commerce.
-1459-1 Sec. 2686. Section 477A.1, subsection 1, Code 2023, is
2amended to read as follows:
31. “Board” means the utilities board within the utilities
4division of the department of commerce.
5 Sec. 2687. Section 477C.2, subsection 1, Code 2023, is
6amended to read as follows:
71. “Board” means the utilities board within the department
8of commerce created in section 474.1.
9 Sec. 2688. Section 478.1, subsection 1, Code 2023, is
10amended to read as follows:
111. A person shall not construct, erect, maintain, or
12operate a transmission line, wire, or cable that is capable
13of operating at an electric voltage of sixty-nine kilovolts
14or more along, over, or across any public highway or grounds
15outside of cities for the transmission, distribution, or sale
16of electric current without first procuring from the utilities
17board within the utilities division of the department of
18commerce a franchise granting authority as provided in this
19chapter.
20 Sec. 2689. Section 478.4, Code 2023, is amended to read as
21follows:
22478.4 Franchise — hearing.
23The utilities board shall consider the petition and any
24objections filed to it in the manner provided. It shall
25examine the proposed route or cause any engineer selected
26by it to do so. If a hearing is held on the petition it may
27hear testimony as may aid it in determining the propriety of
28granting the franchise. It may grant the franchise in whole or
29in part upon the terms, conditions, and restrictions, and with
30the modifications as to location and route as may seem to it
31just and proper. Before granting the franchise, the utilities
32board shall make a finding that the proposed line or lines are
33necessary to serve a public use and represents a reasonable
34relationship to an overall plan of transmitting electricity in
35the public interest. A franchise shall not become effective
-1460-1until the petitioners shall pay, or file an agreement to pay,
2all costs and expenses of the franchise proceeding, whether
3or not objections are filed, including costs of inspections
4or examinations of the route, hearing, salaries, publishing
5of notice, and any other expenses reasonably attributable to
6it. The funds received for the costs and the expenses of the
7franchise proceeding shall be remitted to the treasurer of
8state for deposit in the department of commerce revolving fund
9created in section 546.12 as provided in section 476.10.
10 Sec. 2690. Section 478A.7, subsection 4, Code 2023, is
11amended to read as follows:
124. Notwithstanding subsection 1, commencing January 1,
131990, a person may sell or offer for sale in this state a
14decorative gas lamp manufactured after December 31, 1978,
15if the utilities board within the utilities division of
16the department of commerce determines, after notice and an
17opportunity for interested persons to comment at an oral
18presentation, that the sale or offer for sale of decorative gas
19lamps does not violate the public interest.
20 Sec. 2691. Section 479.2, subsection 1, Code 2023, is
21amended to read as follows:
221. “Board” means the utilities board within the utilities
23division of the department of commerce.
24 Sec. 2692. Section 479.16, Code 2023, is amended to read as
25follows:
26479.16 Receipt of funds.
27All moneys received under this chapter shall be remitted
28monthly to the treasurer of state and credited to the
29department of commerce revolving fund created in section 546.12
30as provided in section 476.10.
31 Sec. 2693. Section 479A.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. 2694. Section 479A.9, Code 2023, is amended to read as
-1461-1follows:
2479A.9 Deposit of funds.
3Moneys received under this chapter shall be credited to the
4department of commerce revolving fund created in section 546.12
5as provided in section 476.10.
6 Sec. 2695. Section 479B.2, subsection 1, Code 2023, is
7amended to read as follows:
81. “Board” means the utilities board within the utilities
9division of the department of commerce.
10 Sec. 2696. Section 479B.2, subsection 6, Code 2023, is
11amended by striking the subsection.
12 Sec. 2697. Section 479B.12, Code 2023, is amended to read
13as follows:
14479B.12 Use of funds.
15All moneys received under this chapter, other than civil
16penalties collected pursuant to section 479B.21, shall be
17remitted monthly to the treasurer of state and credited to
18the department of commerce revolving fund created in section
19546.12.
20 Sec. 2698. Section 657.1, subsection 2, Code 2023, is
21amended to read as follows:
222. Notwithstanding subsection 1, in an action to abate
23a nuisance against an electric utility, an electric utility
24may assert a defense of comparative fault as set out in
25section 668.3 if the electric utility demonstrates that in
26the course of providing electric services to its customers it
27has complied with engineering and safety standards as adopted
28by the utilities board of the department of commerce, and if
29the electric utility has secured all permits and approvals,
30as required by state law and local ordinances, necessary to
31perform activities alleged to constitute a nuisance.
32 Sec. 2699. Section 714D.2, subsection 9, Code 2023, is
33amended to read as follows:
349. “Unfair practice” means the same as defined in section
35714.16, subsection 1, and also means any failure of a
-1462-1person to comply with the Telecommunications Act or with any
2statute or rule enforced by the utilities board within the
3utilities division of the department of commerce relating to a
4telecommunications service selection or change.
5 Sec. 2700. Section 714D.6, subsection 2, Code 2023, is
6amended to read as follows:
72. A cause of action under this section shall not apply
8unless, prior to filing the action, the consumer has submitted
9a complaint to the utilities board within the utilities
10division of the department of commerce, the utilities board has
11failed to resolve the complaint to the consumer’s satisfaction
12within one hundred twenty days of the date the complaint was
13submitted, and the consumer dismisses the complaint before the
14utilities board. The requirement that a consumer complaint be
15submitted to the utilities board and resolved by the utilities
16board to the consumer’s satisfaction within one hundred twenty
17days of filing before the consumer may file an action pursuant
18to this section shall not apply to an action by the attorney
19general to recover moneys for the consumer pursuant to section
20714D.7 or any other law. A finding by the utilities board
21that a respondent has complied with rules governing carrier
22selection procedures adopted by the utilities board shall be
23an affirmative defense to any claim brought under this section
24or section 476.103 or 714D.7 that an unauthorized change in
25service has occurred.
26 Sec. 2701. Section 714D.7, subsection 4, Code 2023, is
27amended to read as follows:
284. The attorney general shall not file a civil enforcement
29action under this chapter or under section 714.16 against a
30person for an act which is the subject of an administrative
31proceeding to impose a civil penalty which has been initiated
32against the person by the utilities board within the utilities
33division of the department of commerce. This subsection shall
34not be construed to limit the authority of the attorney general
35to file a civil enforcement or other enforcement action against
-1463-1a person for violating a prior agreement entered into by the
2person with the attorney general or a court order obtained
3by the attorney general against the person. This subsection
4shall not be construed to limit the authority of the attorney
5general to file a civil enforcement or other enforcement action
6against the person for acts which are not the subject of an
7administrative proceeding which has been initiated against the
8person by the utilities board.
9 Sec. 2702. REPEAL. Section 546.7, Code 2023, is repealed.
10DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
11 Sec. 2703. Section 7E.5, subsection 1, paragraph f, Code
122023, is amended to read as follows:
13f. The department of commerce insurance and financial
14services, created in section 546.2, which has primary
15responsibility for business and professional regulatory,
16service, and licensing insurance and financial services
17 functions.
18 Sec. 2704. Section 7E.5, subsection 2, paragraph a, Code
192023, is amended to read as follows:
20a. There is a civil rights commission, a public employment
21relations board, an interstate cooperation commission, an Iowa
22ethics and campaign disclosure board, an Iowa utilities board,
23 and an Iowa law enforcement academy.
24 Sec. 2705. Section 8A.412, subsections 18 and 19, Code 2023,
25are amended to read as follows:
2618. The administrator and the deputy administrator
27 superintendent and deputy superintendent of the credit union
28division of the department of commerce insurance and financial
29services, all members of the credit union review board, and all
30employees of the credit union division.
3119. The superintendent of the banking division of the
32department of commerce insurance and financial services, all
33members of the state banking council, and all employees of
34the banking division except for employees of the professional
35licensing and regulation bureau of the division.
-1464-1 Sec. 2706. Section 8A.438, subsection 1, Code 2023, is
2amended to read as follows:
31. The director may establish a tax-sheltered investment
4program for eligible employees. The director may arrange for
5the provision of investment vehicles authorized under section
6403(b) of the Internal Revenue Code, as defined in section
7422.3. The tax-sheltered investment program shall include
8investment vehicles authorized under section 403(b) of the
9Internal Revenue Code provided by any insurance company or
10investment company that is recommended for inclusion in the
11program by a person licensed as an insurance producer under
12chapter 522B, or registered as a securities agent or investment
13adviser representative under chapter 502, by the insurance
14division of the department of commerce insurance and financial
15services. The director shall require each insurance company
16and investment company included in the program to utilize the
17third party administrator selected by the department and a
18common remitter, and shall limit the total number of insurance
19companies and investment companies in the program to no more
20than thirty. To be eligible for inclusion in the program, an
21insurance company shall have filed with, and had the company’s
22contract and forms approved by, the insurance division of the
23department of commerce insurance and financial services, and
24an investment company shall be registered with the federal
25securities and exchange commission. The department may
26offer the tax-sheltered investment program to eligible public
27employers in the state of Iowa.
28 Sec. 2707. Section 8E.103, subsection 1, paragraph b, Code
292023, is amended to read as follows:
30b. Each division within the department of commerce insurance
31and financial services is considered an agency, and each bureau
32within a division of the department of commerce insurance and
33financial services is considered a division, as otherwise
34provided in chapter 7E.
35 Sec. 2708. Section 8F.2, subsection 8, paragraph b,
-1465-1subparagraph (3), Code 2023, is amended to read as follows:
2(3) A contract concerning an entity that has contracted
3with the state and is licensed and regulated by the insurance
4division of the department of commerce insurance and financial
5services.
6 Sec. 2709. Section 11.5B, subsection 1, Code 2023, is
7amended to read as follows:
81. Department of commerce insurance and financial services.
9 Sec. 2710. Section 11.6, subsection 1, paragraph c,
10subparagraph (6), Code 2023, is amended to read as follows:
11(6) A joint investment trust organized pursuant to chapter
1228E shall file the audit reports required by this chapter with
13the administrator of the securities and regulated industries
14bureau of the insurance division of the department of commerce
15 insurance and financial services within ten days of receipt
16from the auditor. The auditor of a joint investment trust
17shall provide written notice to the administrator of the time
18of delivery of the reports to the joint investment trust.
19 Sec. 2711. Section 15E.17, subsection 4, Code 2023, is
20amended to read as follows:
214. Subsections 2 and 3 do not apply to the following:
22a. The utilities division of the department of commerce
23 board insofar as the information relates to public utilities.
24b. The banking division of the department of commerce
25 insurance and financial services.
26c. The credit union division of the department of commerce
27 insurance and financial services.
28 Sec. 2712. Section 16.45, subsection 5, Code 2023, is
29amended to read as follows:
305. For purposes of this section, “financial institutions”
31means the same as defined in section 12C.1, “lender” means a
32lender as defined in section 537.1301 that is licensed by the
33banking division of the department of commerce insurance and
34financial services, and “manufactured home” or “manufactured
35housing” means the same as the definition of manufactured home
-1466-1in section 435.1.
2 Sec. 2713. Section 16.91, subsection 3, Code 2023, is
3amended to read as follows:
43. With the approval of the authority board the division
5and its board shall consult with the insurance division of
6the department of commerce insurance and financial services
7 in developing a guaranty contract acceptable to the secondary
8market and developing any other feature of the program with
9which the insurance division may have special expertise.
10Except as provided in this subsection, the Iowa title guaranty
11program is not subject to the jurisdiction of or regulation by
12the insurance division or the commissioner of insurance.
13 Sec. 2714. Section 20.4, subsections 10 and 11, Code 2023,
14are amended to read as follows:
1510. Persons employed by the credit union division of the
16department of commerce insurance and financial services.
1711. Persons employed by the banking division of the
18department of commerce insurance and financial services.
19 Sec. 2715. Section 68B.2, subsection 23, Code 2023, is
20amended to read as follows:
2123. “Regulatory agency” means the department of agriculture
22and land stewardship, department of workforce development,
23department of commerce insurance and financial services,
24Iowa department of public health, department of public
25safety, department of education, state board of regents,
26department of human services, department of revenue, department
27of inspections and appeals, department of administrative
28services, public employment relations board, state department
29of transportation, civil rights commission, department of
30public defense, department of homeland security and emergency
31management, Iowa ethics and campaign disclosure board,
32utilities board, and department of natural resources.
33 Sec. 2716. Section 85.70, subsection 2, paragraph f, Code
342023, is amended to read as follows:
35f. Beginning on or before December 1, 2018, the department
-1467-1of workforce development, in cooperation with the department of
2education, the insurance division of the department of commerce
3 insurance and financial services, and all community colleges
4that are participating in the new career vocational training
5and education program, shall prepare an annual report for
6submission to the general assembly that provides information
7about the status of the program including but not limited to
8the utilization of and participants in the program, program
9completion rates, employment rates after completion of the
10program and the types of employment obtained by the program
11participants, and the effects of the program on workers’
12compensation premium rates.
13 Sec. 2717. Section 87.11, subsection 2, Code 2023, is
14amended to read as follows:
152. An employer seeking relief from the insurance
16requirements of this chapter shall pay to the insurance
17division of the department of commerce insurance and financial
18services the following fees:
19a. A fee of one hundred dollars, to be submitted annually
20along with an application for relief.
21b. A fee of one hundred dollars for issuance of the
22certificate relieving the employer from the insurance
23requirements of this chapter.
24c. A fee of fifty dollars, to be submitted with each filing
25required by the commissioner of insurance, including but not
26limited to the annual and quarterly financial statements, and
27material change statements.
28 Sec. 2718. Section 97B.49B, subsection 1, paragraph e,
29subparagraph (13), Code 2023, is amended to read as follows:
30(13) An employee of the insurance division of the department
31of commerce insurance and financial services who as a condition
32of employment is required to be certified by the Iowa law
33enforcement academy and who is required to perform the duties
34of a peace officer as provided in section 507E.8.
35 Sec. 2719. Section 100A.1, subsection 1, paragraph j, Code
-1468-12023, is amended to read as follows:
2j. The fraud bureau within the insurance division of the
3department of commerce insurance and financial services.
4 Sec. 2720. Section 256.35A, subsection 2, paragraph b, Code
52023, is amended to read as follows:
6b. In addition, representatives of the department of
7education, the division of vocational rehabilitation of the
8department of education, the department of public health,
9the department of human services, the Iowa developmental
10disabilities council, the division of insurance of the
11department of commerce insurance and financial services, and
12the state board of regents shall serve as ex officio members
13of the advisory council. Ex officio members shall work
14together in a collaborative manner to serve as a resource to
15the advisory council. The council may also form workgroups
16as necessary to address specific issues within the technical
17purview of individual members.
18 Sec. 2721. Section 502.102, subsection 27A, Code 2023, is
19amended to read as follows:
2027A. “Securities and regulated industries bureau” means the
21securities and regulated industries bureau of the insurance
22division of the department of commerce insurance and financial
23services.
24 Sec. 2722. Section 502.321A, subsection 8, paragraph b,
25subparagraph (3), Code 2023, is amended to read as follows:
26(3) An offer in which the target company is an insurance
27company or insurance holding company subject to regulation
28by the commissioner of insurance, a financial institution
29subject to regulation by the superintendent of banking or the
30superintendent of savings and loan associations, or a public
31utility subject to regulation by the utilities division of the
32department of commerce board.
33 Sec. 2723. Section 502.601, subsection 1, Code 2023, is
34amended to read as follows:
351. Administration. This chapter shall be administered by
-1469-1the commissioner of insurance of this state. The administrator
2shall appoint a deputy administrator who shall be exempt from
3the merit system provisions of chapter 8A, subchapter IV. The
4deputy administrator is the principal operations officer of the
5securities and regulated industries bureau of the insurance
6division of the department of commerce insurance and financial
7services. The deputy administrator is responsible to the
8administrator for the routine administration of this chapter
9and the management of the securities and regulated industries
10bureau. In the absence of the administrator, whether because
11of vacancy in the office, by reason of absence, physical
12disability, or other cause, the deputy administrator shall be
13the acting administrator and shall, for that period, have and
14exercise the authority conferred upon the administrator. The
15administrator may by order delegate to the deputy administrator
16any or all of the functions assigned to the administrator
17under this chapter. The administrator shall employ officers,
18attorneys, accountants, and other employees as needed for the
19administration of this chapter.
20 Sec. 2724. Section 502A.1, subsection 1, Code 2023, is
21amended to read as follows:
221. “Administrator” means the administrator of the securities
23and regulated industries bureau of the insurance division of
24the department of commerce insurance and financial services.
25 Sec. 2725. Section 502A.15, subsection 1, Code 2023, is
26amended to read as follows:
271. This chapter shall be administered by the administrator
28of the securities and regulated industries bureau of the
29insurance division of the department of commerce insurance and
30financial services.
31 Sec. 2726. Section 505.1, Code 2023, is amended to read as
32follows:
33505.1 Insurance division created.
34An insurance division is created within the department
35of commerce insurance and financial services to regulate and
-1470-1supervise the conducting of the business of insurance in the
2state. The commissioner of insurance is the chief executive
3officer of the division. As used in this subtitle and chapter
4502, “division” means the insurance division.
5 Sec. 2727. Section 505.2, Code 2023, is amended to read as
6follows:
7505.2 Appointment and term of commissioner.
81. The governor shall appoint subject to confirmation
9by the senate, a commissioner of insurance, who shall be
10selected solely with regard to qualifications and fitness to
11discharge the duties of this position, devote the entire time
12to such duties, and serve for four years beginning and ending
13as provided by section 69.19. The governor may remove the
14commissioner for malfeasance in office, or for any cause that
15renders the commissioner ineligible, incapable, or unfit to
16discharge the duties of the office.
172. A vacancy in the office of the commissioner shall be
18filled for the unexpired portion of the regular term.
193. The commissioner of insurance shall also serve as the
20director of the department of insurance and financial services
21pursuant to section 546.2.
22 Sec. 2728. Section 505.5, Code 2023, is amended to read as
23follows:
24505.5 Expenses — salary.
25The commissioner shall be entitled to reimbursement of
26actual necessary expenses in attending meetings of insurance
27commissioners of other states, and in the performance of the
28duties of the office. The commissioner’s salary shall be as
29fixed by the general assembly.
30 Sec. 2729. Section 505.7, subsections 1 and 3, Code 2023,
31are amended to read as follows:
321. All fees and charges which are required by law to be
33paid by insurance companies, associations, and other regulated
34entities shall be payable to the commissioner of the insurance
35division of the department of commerce insurance and financial
-1471-1services or department of revenue, as provided by law, whose
2duty it shall be to account for and pay over the same to the
3treasurer of state at the time and in the manner provided by
4law for deposit in the department of commerce revolving fund
5created in section 546.12.
63. Forty percent of the nonexamination revenues payable
7to the division of insurance or the department of revenue in
8connection with the regulation of insurance companies or other
9entities subject to the regulatory jurisdiction of the division
10shall be deposited in the department of commerce revolving
11fund created in section 546.12 and shall be subject to annual
12appropriation to the division for its operations and is also
13subject to expenditure under subsection 6. The remaining
14nonexamination revenues payable to the division of insurance
15or the department of revenue shall be deposited in the general
16fund of the state.
17 Sec. 2730. Section 507.1, subsection 2, paragraph c, Code
182023, is amended to read as follows:
19c. “Division” means the division of insurance of the
20department of commerce insurance and financial services.
21 Sec. 2731. Section 507E.8, Code 2023, is amended to read as
22follows:
23507E.8 Law enforcement authority.
241. An individual employed by the division and designated as
25a peace officer shall be considered a law enforcement officer
26as that term is defined in section 80B.3, and shall exercise
27the powers of a law enforcement officer as follows:
28a. For purposes of an arrest resulting from a criminal
29violation of any provision of the Code subject to the
30jurisdiction of the commissioner established as a result of an
31investigation pursuant to this chapter or chapter 502, 502A,
32507A, 523A, 523C, 523D, or 523I.
33b. While conducting an investigation or engaged in an
34assignment authorized by this chapter or ordered by the
35commissioner chapter 502, 502A, 507A, 523A, 523C, 523D, or
-1472-1523I.
2c. To protect life if a public offense is committed in the
3presence of the peace officer.
4d. While providing assistance to a law enforcement agency or
5another law enforcement officer.
6e. While providing assistance at the request of a member of
7the public.
82. Laws applicable to an arrest of an individual by a law
9enforcement officer of the state shall apply to an individual
10employed by the division and designated as a peace officer. An
11individual employed by the division and designated as a peace
12officer shall have the power to execute arrest warrants and
13search warrants, serve subpoenas issued for the examination,
14investigation, and trial of all offenses identified through the
15course of an investigation conducted pursuant to this section,
16and arrest upon probable cause without warrant a person found
17in the act of committing a violation of this chapter or a law
18of this state.
19 Sec. 2732. Section 514H.2, subsection 2, Code 2023, is
20amended to read as follows:
212. The insurance division of the department of commerce
22 insurance and financial services shall administer the program
23in cooperation with the division responsible for medical
24services within the department of human services. Each
25agency shall take all necessary actions, including filing an
26appropriate medical assistance state plan amendment to the
27state Medicaid plan to take full advantage of the benefits and
28features of the Deficit Reduction Act of 2005.
29 Sec. 2733. Section 514H.9, Code 2023, is amended to read as
30follows:
31514H.9 Rules.
32The insurance division of the department of commerce
33 insurance and financial services in cooperation with the
34department of human services shall adopt rules pursuant to
35chapter 17A as necessary to administer this chapter.
-1473-1 Sec. 2734. Section 514I.2, subsection 9, paragraph a, Code
22023, is amended to read as follows:
3a. An entity licensed by the division of insurance of the
4department of commerce insurance and financial services to
5provide health insurance in Iowa that has contracted with the
6department to provide health insurance coverage to eligible
7children under this chapter.
8 Sec. 2735. Section 515A.6, subsection 7, paragraph a, Code
92023, is amended to read as follows:
10a. The commissioner shall provide notice of the filing of
11the proposed rates at least thirty days before the effective
12date of the proposed rates by publishing a notice on the
13internet site of the insurance division of the department of
14commerce insurance and financial services.
15 Sec. 2736. Section 521H.6, subsection 1, Code 2023, is
16amended to read as follows:
171. Documents, materials, or other information, including
18a corporate governance annual disclosure, in the possession
19or control of the insurance division of the department of
20commerce insurance and financial services, that is obtained
21by, created by, or disclosed to the commissioner or to any
22other person pursuant to this chapter, is recognized in this
23state as being proprietary and containing trade secrets. All
24such documents, materials, or other information, including the
25disclosure, shall be confidential and privileged, shall not be
26subject to chapter 22, shall be considered confidential under
27chapter 507, shall not be subject to subpoena, and shall not be
28subject to discovery or admissible in evidence in any private
29civil action. However, the commissioner is authorized to use
30such documents, materials, or other information, including
31the disclosure, in the furtherance of any regulatory or legal
32action brought as a part of the commissioner’s official duties.
33The commissioner shall not otherwise make the documents,
34materials, or other information, including the disclosure,
35public without the prior written consent of the insurer or
-1474-1insurance group that provided the documents, materials, or
2other information, including the disclosure. Nothing in this
3section shall be construed to require written consent of
4the insurer or insurance group before the commissioner may
5share or receive confidential documents, materials, or other
6information related to governance of an insurer or insurance
7group pursuant to subsection 3 to assist in the performance of
8the commissioner’s regular duties.
9 Sec. 2737. Section 522.8, subsection 1, Code 2023, is
10amended to read as follows:
111. Documents, materials, or other information, including
12an own risk and solvency assessment summary report, in
13the possession or control of the insurance division of the
14department of commerce insurance and financial services, that
15are obtained by, created by, or disclosed to the commissioner
16or to any other person pursuant to this chapter, are recognized
17in this state as being proprietary and containing trade
18secrets. All such documents, materials, or other information,
19including the summary report, shall be confidential and
20privileged, shall not be subject to chapter 22, shall not be
21subject to subpoena, and shall not be subject to discovery
22or admissible in evidence in any private civil action.
23However, the commissioner is authorized to use such documents,
24materials, or other information, including the summary report,
25in the furtherance of any regulatory or legal action brought as
26a part of the commissioner’s official duties. The commissioner
27shall not otherwise make the documents, materials, or other
28information, including the summary report, public without
29the prior written consent of the insurer that provided the
30documents, materials, or other information, including the
31summary report.
32 Sec. 2738. Section 523A.807, subsection 4, Code 2023, is
33amended to read as follows:
344. The commissioner shall post on the internet site of the
35division of insurance of the department of commerce insurance
-1475-1and financial services a list of all persons licensed under
2this chapter and an index of orders issued by the commissioner
3pertaining to such persons.
4 Sec. 2739. Section 524.201, Code 2023, is amended to read
5as follows:
6524.201 Superintendent of banking.
71. The governor shall appoint, subject to confirmation by
8the senate, a superintendent of banking. The appointee shall
9be selected solely with regard to qualification and fitness
10to discharge the duties of office, and a person shall not be
11appointed who has not had at least five years’ experience as an
12executive officer in a bank. The superintendent shall serve at
13the pleasure of the governor.
142. The superintendent shall have an office at the seat
15of government. The regular term of office shall be four
16years beginning and ending as provided by section 69.19 The
17superintendent shall receive a salary set by the governor
18within a range established by the general assembly.
19 Sec. 2740. Section 524.206, Code 2023, is amended to read
20as follows:
21524.206 Banking division created.
22The banking division is created within the department of
23commerce insurance and financial services.
24 Sec. 2741. Section 524.207, subsections 1, 2, 5, and 6, Code
252023, are amended to read as follows:
261. Except as otherwise provided by statute, all expenses
27required in the discharge of the duties and responsibilities
28imposed upon the banking division of the department of commerce
29 insurance and financial services, the superintendent, and the
30state banking council by the laws of this state shall be paid
31from fees provided by the laws of this state and appropriated
32by the general assembly from the department of commerce
33revolving fund created in section 546.12. All of these
34fees are payable to the superintendent. The superintendent
35shall pay all the fees and other moneys received by the
-1476-1superintendent to the treasurer of state within the time
2required by section 12.10 and the fees and other moneys shall
3be deposited into the department of commerce revolving fund
4created in section 546.12.
52. All fees and assessments generated as the result of a
6national bank or federal savings association converting to a
7state bank on or after December 31, 2015, and thereafter, are
8payable to the superintendent. The superintendent shall pay
9all the fees and assessments received by the superintendent
10pursuant to this subsection to the treasurer of state within
11the time required by section 12.10 and the fees and assessments
12shall be deposited into the department of commerce revolving
13fund created in section 546.12. An amount equal to such fees
14and assessments deposited into the department of commerce
15revolving fund is appropriated from the department of commerce
16revolving fund to the banking division of the department of
17commerce insurance and financial services for the fiscal
18year in which a national bank or federal savings association
19converted to a state bank and an amount equal to such
20annualized fees and assessments deposited into the department
21of commerce revolving fund in succeeding years is appropriated
22from the department of commerce revolving fund to the banking
23division of the department of commerce insurance and financial
24services for succeeding fiscal years for purposes related to
25the discharge of the duties and responsibilities imposed upon
26the banking division of the department of commerce insurance
27and financial services, the superintendent, and the state
28banking council by the laws of this state. This appropriation
29shall be in addition to the appropriation of moneys otherwise
30described in this section. If a state bank converts to a
31national bank or federal savings association, any appropriation
32made pursuant to this subsection for the following fiscal
33year shall be reduced by the amount of the assessment paid by
34the state bank during the fiscal year in which the state bank
35converted to a national bank or federal savings association.
-1477- 15. All fees and moneys collected shall be deposited into the
2department of commerce revolving fund created in section 546.12
3and expenses required to be paid under this section shall be
4paid from moneys in the department of commerce revolving fund
5and appropriated for those purposes.
66. All moneys received by the superintendent pursuant to a
7multi-state settlement with a provider of financial services
8such as a mortgage lender, a mortgage servicer, or any other
9person regulated by the banking division of the department of
10commerce insurance and financial services shall be deposited
11into the department of commerce revolving fund created in
12section 546.12 and an amount equal to the amount deposited
13into the fund is appropriated to the banking division of the
14department of commerce insurance and financial services for the
15fiscal year in which such moneys are received and in succeeding
16fiscal years for the purpose of promoting financial-related
17education and supporting those duties of the banking
18division related to financial regulation that are limited to
19nonrecurring expenses such as equipment purchases, training,
20technology, and retirement payouts related to the oversight of
21mortgage lending, state banks, and other financial services
22regulated by the banking division. This appropriation shall be
23in addition to the appropriation of moneys otherwise described
24in this section. The superintendent shall submit a report to
25the department of management and to the legislative services
26agency detailing the expenditure of moneys appropriated to the
27banking division pursuant to this subsection during each fiscal
28year. The initial report shall be submitted on or before
29September 15, 2016, and each September 15 thereafter. Moneys
30appropriated pursuant to this subsection are not subject to
31section 8.33 and shall not be transferred, used, obligated,
32appropriated, or otherwise encumbered except as provided in
33this subsection.
34 Sec. 2742. Section 527.2, subsection 2, Code 2023, is
35amended to read as follows:
-1478- 12. “Administrator” means and includes the superintendent
2of banking and the superintendent of credit unions within
3the department of commerce insurance and financial services
4 and the supervisor of industrial loan companies within the
5office of the superintendent of banking. However, the powers
6of administration and enforcement of this chapter shall be
7exercised only as provided in sections 527.3, 527.5, subsection
87, sections 527.11, 527.12, and any other pertinent provision
9of this chapter.
10 Sec. 2743. Section 528.2, subsection 1, Code 2023, is
11amended to read as follows:
121. “Administrator” means the superintendent of banking and
13the superintendent of credit unions within the department of
14commerce insurance and financial services.
15 Sec. 2744. Section 533.102, subsection 4, Code 2023, is
16amended to read as follows:
174. “Credit union service organization” means a corporation,
18limited partnership, or limited liability company organized
19under state law to provide financial and financial-related
20services for one or more credit unions, each of which owns part
21of the capital stock of the credit union service organization,
22as authorized under section 533.301, subsection 5, paragraph
23“f”, and which corporation, limited partnership, or limited
24liability company is subject to examination by the credit union
25division of the Iowa department of commerce insurance and
26financial services or a federal supervisory agency.
27 Sec. 2745. Section 533.103, Code 2023, is amended to read
28as follows:
29533.103 Credit union division created.
30A credit union division of the department of commerce
31 insurance and financial services is created to administer this
32chapter.
33 Sec. 2746. Section 533.104, Code 2023, is amended to read
34as follows:
35533.104 Superintendent of credit unions.
-1479- 11. A superintendent of credit unions shall be appointed by
2the governor to serve at the pleasure of the governor, subject
3to confirmation by the senate, to regulate credit unions.
4a. The appointee shall be selected solely with regard to
5qualification and fitness to discharge the duties of office.
6b. The and the individual appointed shall have at least
7five years’ experience as a director or executive officer of
8a credit union, or comparable experience in the regulation or
9examination of credit unions. For purposes of this paragraph
10 subsection, credit union membership does not qualify as credit
11union experience.
122. The superintendent shall have an office at the seat
13of government. The superintendent’s term of office shall be
14four years beginning and ending as provided by section 69.19.
15The governor may remove the superintendent for malfeasance
16in office, or for any cause that renders the superintendent
17ineligible, incapable, or unfit to discharge the duties of the
18office.
193. The superintendent shall receive a salary set by the
20governor within a range established by the general assembly.
214. A vacancy in the office of superintendent shall be filled
22for the unexpired portion of the regular term.
235. 3. The superintendent may adopt rules as necessary or
24appropriate to administer this chapter, subject to the prior
25approval of the rules by the review board.
26 Sec. 2747. Section 533.111, subsections 1, 4, and 5, Code
272023, are amended to read as follows:
281. a. All expenses required in the discharge of the
29duties and responsibilities imposed upon the credit union
30division, the superintendent, and the review board by the laws
31of this state shall be paid from fees provided by the laws
32of this state and appropriated by the general assembly from
33the department of commerce revolving fund created in section
34546.12.
35b. All fees imposed under this chapter are payable to
-1480-1the superintendent, who shall pay all fees and other moneys
2received to the treasurer of state within the time required by
3section 12.10. The treasurer of state shall deposit such funds
4in the department of commerce revolving fund created in section
5546.12.
64. a. All fees and other moneys collected shall be
7deposited into the department of commerce revolving fund
8created in section 546.12 and expenses required to be paid
9under this section shall be paid from moneys in the department
10of commerce revolving fund and appropriated for those purposes.
11b. Funds appropriated to the credit union division shall
12be subject at all times to the warrant of the director
13of the department of administrative services, drawn upon
14written requisition of the superintendent or a designated
15representative, for the payment of all salaries and other
16expenses necessary to carry out the duties of the credit union
17division.
185. The credit union division may accept reimbursement of
19expenses related to the examination of a state credit union
20from the national credit union administration or any other
21guarantor or insurance plan authorized by this chapter. These
22reimbursements shall be deposited into the department of
23 commerce revolving fund created in section 546.12.
24 Sec. 2748. Section 533A.10, subsection 1, Code 2023, is
25amended to read as follows:
261. The superintendent may examine the condition and
27affairs of a licensee. In connection with any examination,
28the superintendent may examine on oath any licensee, and any
29director, officer, employee, customer, creditor, or stockholder
30of a licensee concerning the affairs and business of the
31licensee. The superintendent shall ascertain whether the
32licensee transacts its business in the manner prescribed by
33the law and applicable rules. The licensee shall pay the cost
34of the examination as determined by the superintendent based
35on the actual cost of the operation of the finance bureau of
-1481-1the banking division of the department of commerce insurance
2and financial services, including the proportionate share of
3the administrative expenses in the operation of the banking
4division attributable to the finance bureau, as determined by
5the superintendent, incurred in the discharge of duties imposed
6upon the superintendent by this chapter. Failure to pay the
7examination fee within thirty days of receipt of demand from
8the superintendent shall subject the licensee to a late fee of
9up to five percent per day of the amount of the examination fee
10for each day the payment is delinquent.
11 Sec. 2749. Section 533A.14, Code 2023, is amended to read
12as follows:
13533A.14 Fees to state treasurer.
14All moneys received by the superintendent from fees,
15licenses, and examinations pursuant to this chapter shall be
16deposited by the superintendent with the treasurer of state for
17deposit in the department of commerce revolving fund created
18in section 546.12.
19 Sec. 2750. Section 533C.902, subsection 1, Code 2023, is
20amended to read as follows:
211. A financial services licensing fund is created as a
22separate fund in the state treasury under the authority of the
23banking division of the department of commerce insurance and
24financial services. Moneys deposited in the fund shall be used
25to pay for staffing necessary to perform examinations, audits,
26and other duties required of the superintendent and the banking
27division under this chapter.
28 Sec. 2751. Section 533D.11, subsection 3, Code 2023, is
29amended to read as follows:
303. The superintendent shall determine the cost of the
31examination or investigation based upon the actual cost of the
32operation of the finance bureau of the banking division of
33the department of commerce insurance and financial services,
34including the proportionate share of administrative expenses
35in the operation of the banking division attributable to the
-1482-1finance bureau as determined by the superintendent, incurred
2in the discharge of duties imposed upon the superintendent by
3this chapter.
4 Sec. 2752. Section 535B.1, subsection 1, Code 2023, is
5amended to read as follows:
61. “Administrator” means the superintendent of the division
7of banking of the department of commerce insurance and
8financial services.
9 Sec. 2753. Section 535B.10, subsection 5, paragraph a, Code
102023, is amended to read as follows:
11a. The licensee shall pay the cost of the examination or
12investigation as determined by the administrator based on
13the actual cost of the operation of the finance bureau of
14the banking division of the department of commerce insurance
15and financial services, including the proportionate share
16of administrative expenses in the operation of the banking
17division attributable to the finance bureau as determined by
18the administrator, incurred in the discharge of duties imposed
19upon the administrator by this chapter.
20 Sec. 2754. Section 535C.11, unnumbered paragraph 1, Code
212023, is amended to read as follows:
22This chapter does not apply to activities or arrangements
23expressly approved or regulated by the department of commerce
24 insurance and financial services.
25 Sec. 2755. Section 535D.11, subsection 2, Code 2023, is
26amended to read as follows:
272. The payment of application and renewal fees for licenses
28through the nationwide mortgage licensing system and registry
29and any additional fees as determined by the superintendent
30based on the actual cost of the operation of the finance bureau
31of the banking division of the department of commerce insurance
32and financial services, including the proportionate share
33of administrative expenses in the operation of the banking
34division attributable to the finance bureau as determined by
35the superintendent, incurred in the discharge of duties imposed
-1483-1by this chapter.
2 Sec. 2756. Section 536.10, subsection 3, Code 2023, is
3amended to read as follows:
43. A licensee subject to examination, supervision,
5and regulation by the superintendent shall pay to the
6superintendent an examination fee based on the actual cost
7of the operation of the regulated loan bureau of the banking
8division of the department of commerce insurance and financial
9services and the proportionate share of administrative expenses
10in the operation of the banking division attributable to the
11regulated loan bureau as determined by the superintendent.
12The fee shall apply equally to all licenses and shall not be
13changed more frequently than annually. A fee change shall be
14effective on January 1 of the year following the year in which
15the change is approved.
16 Sec. 2757. Section 536A.2, subsection 9, Code 2023, is
17amended to read as follows:
189. “Superintendent” means the superintendent of banking
19within the banking division of the department of commerce
20 insurance and financial services.
21 Sec. 2758. Section 536A.15, subsection 4, Code 2023, is
22amended to read as follows:
234. The licensee shall be charged and shall pay the actual
24costs of the examination as determined by the superintendent
25based on the actual cost of the operation of the finance bureau
26of the banking division of the department of commerce insurance
27and financial services including the proportionate share
28of administrative expenses in the operation of the banking
29division attributable to the finance bureau as determined by
30the superintendent incurred in the discharge of the duties
31imposed upon the superintendent by this chapter. Failure to
32pay the examination fee within thirty days of receipt of demand
33from the superintendent shall subject the licensee to a late
34fee of five percent of the amount of the examination fee for
35each day the payment is delinquent.
-1484-1 Sec. 2759. Section 537.2501, subsection 2, paragraph b,
2subparagraph (3), unnumbered paragraph 1, Code 2023, is amended
3to read as follows:
4The premium rates have been affirmatively approved by the
5insurance division of the department of commerce insurance and
6financial services. In approving or establishing the rates,
7the division shall review the insurance company’s actuarial
8data to assure that the rates are fair and reasonable. The
9insurance commissioner shall either hire or contract with a
10qualified actuary to review the data. The insurance division
11shall obtain reimbursement from the insurance company for the
12cost of the actuarial review prior to approving the rates.
13In addition, the rates shall be made in accordance with the
14following provisions:
15 Sec. 2760. Section 546.1, subsections 1 and 2, Code 2023,
16are amended to read as follows:
171. “Department” means the department of commerce insurance
18and financial services.
192. “Director” means the director of the department of
20commerce insurance and financial services.
21 Sec. 2761. Section 546.2, subsections 1, 2, and 3, Code
222023, are amended to read as follows:
231. A department of commerce insurance and financial
24services is created to coordinate and administer the various
25regulatory, service, and licensing functions of the state
26relating to the conducting of business or commerce in the
27state.
282. The chief administrative officer of the department is the
29director. The director shall be appointed by the governor from
30among those individuals who serve as heads of the divisions
31within the department the commissioner of insurance appointed
32pursuant to section 505.2. A division head appointed to be the
33 The director shall fulfill the responsibilities and duties of
34the director of the department in addition to the individual’s
35 director’s responsibilities and duties as the head of a the
-1485-1insurance division. The director shall serve at the pleasure
2of the governor. If the office of director becomes vacant,
3the vacancy shall be filled in the same manner as the original
4appointment was made.
53. The department is administratively organized into the
6following divisions:
7a. Banking.
8b. Credit union.
9c. Utilities.
10d. c. Insurance.
11e. Alcoholic beverages.
12 Sec. 2762. Section 546.12, Code 2023, is amended to read as
13follows:
14546.12 Department of insurance and financial services
15 commerce revolving fund.
161. A department of commerce revolving fund is created in
17the state treasury. The fund shall consist of moneys collected
18by the banking division; credit union division; utilities
19division board, including moneys collected on behalf of the
20office of consumer advocate established in section 475A.3;
21and the insurance division of the department; and deposited
22into an account for that division, board, or office within
23the fund on a monthly basis. Except as otherwise provided
24by statute, all costs for operating the office of consumer
25advocate and the banking division, the credit union division,
26the utilities division board, and the insurance division of the
27department shall be paid from the division’s accounts within
28the fund, subject to appropriation by the general assembly.
29The insurance division shall administer the fund and all other
30divisions shall work with the insurance division to make sure
31the fund is properly accounted and reported to the department
32of management and the department of administrative services.
33The divisions shall provide quarterly reports to the department
34of management and the legislative services agency on revenues
35billed and collected and expenditures from the fund in a format
-1486-1as determined by the department of management in consultation
2with the legislative services agency.
32. To meet cash flow needs for the office of consumer
4advocate and the banking division, credit union division,
5utilities division board, or the insurance division of the
6department, the administrative head of that division, board,
7 or office may temporarily use funds from the general fund of
8the state to pay expenses in excess of moneys available in
9the revolving fund for that division, board, or office if
10those additional expenditures are fully reimbursable and the
11division, board, or office reimburses the general fund of the
12state and ensures all moneys are repaid in full by the close
13of the fiscal year. Notwithstanding any provision to the
14contrary, the divisions shall, to the fullest extent possible,
15make an estimate of billings and make such billings as early as
16possible in each fiscal year, so that the need for the use of
17general fund moneys is minimized to the lowest extent possible.
18Periodic billings shall be deemed sufficient to satisfy this
19requirement. Because any general fund moneys used shall be
20fully reimbursed, such temporary use of funds from the general
21fund of the state shall not constitute an appropriation for
22purposes of calculating the state general fund expenditure
23limitation pursuant to section 8.54.
243. Section 8.33 does not apply to any moneys credited or
25appropriated to the commerce revolving fund from any other
26fund.
274. The establishment of the commerce revolving fund
28pursuant to this section shall not be interpreted in any
29manner to compromise or impact the accountability of, or limit
30authority with respect to, an agency or entity under state
31law. Any provision applicable to, or responsibility of, a
32division, board, or office collecting moneys for deposit into
33the fund established pursuant to this section shall not be
34altered or impacted by the existence of the fund and shall
35remain applicable to the same extent as if the division, board,
-1487-1 or office were receiving moneys pursuant to a general fund
2appropriation. The divisions of the department of commerce
3 insurance and financial services shall comply with directions
4by the governor to executive branch departments regarding
5restrictions on out-of-state travel, hiring justifications,
6association memberships, equipment purchases, consulting
7contracts, and any other expenditure efficiencies that the
8governor deems appropriate.
9 Sec. 2763. Section 714E.6, subsection 4, Code 2023, is
10amended to read as follows:
114. Notwithstanding any other provision of this section,
12an action shall not be brought on the basis of a violation of
13this chapter, except by an owner against whom the violation was
14committed or by the attorney general. This limitation does not
15apply to administrative action by either the attorney general
16or the superintendent of the banking division of the department
17of commerce insurance and financial services.
18 Sec. 2764. Section 714F.8, subsection 3, paragraph b,
19subparagraph (1), Code 2023, is amended to read as follows:
20(1) Make a payment to the foreclosed homeowner such that the
21foreclosed homeowner has received consideration in an amount
22of at least eighty-two percent of the fair market value of the
23property, as the property was when the foreclosed homeowner
24vacated the property, within ninety days of either the eviction
25or voluntary relinquishment of possession of the property by
26the foreclosed homeowner. The foreclosure purchaser shall make
27a detailed accounting of the basis for the payment amount, or
28a detailed accounting of the reasons for failure to make a
29payment, including providing written documentation of expenses,
30within this ninety-day period. The accounting shall be on a
31form prescribed by the attorney general, in consultation with
32the superintendent of the banking division of the department of
33commerce insurance and financial services without being subject
34to the rulemaking procedures of chapter 17A.
35 Sec. 2765. Section 714F.8, subsection 3, paragraph b,
-1488-1subparagraph (2), subparagraph division (b), Code 2023, is
2amended to read as follows:
3(b) The time for determining the fair market value amount
4shall be determined in the foreclosure reconveyance contract
5as either at the time of the execution of the foreclosure
6reconveyance contract or at resale. If the contract states
7that the fair market value shall be determined at the time
8of resale, the fair market value shall be the resale price
9if it is sold within sixty days of the eviction or voluntary
10relinquishment of the property by the foreclosed homeowner.
11If the contract states that the fair market value shall
12be determined at the time of resale, and the resale is not
13completed within sixty days of the eviction or voluntary
14relinquishment of the property by the foreclosed homeowner, the
15fair market value shall be determined by an appraisal conducted
16within one hundred eighty days of the eviction or voluntary
17relinquishment of the property by the foreclosed homeowner
18and payment, if required, shall be made to the foreclosed
19homeowner, but the fair market value shall be recalculated as
20the resale price on resale and an additional payment amount,
21if appropriate, based on the resale price, shall be made to
22the foreclosed homeowner within fifteen days of resale, and
23a detailed accounting of the basis for the payment amount,
24or a detailed accounting of the reasons for failure to make
25additional payment, shall be made within fifteen days of
26resale, including providing written documentation of expenses.
27The accounting shall be on a form prescribed by the attorney
28general, in consultation with the superintendent of the banking
29division of the department of commerce insurance and financial
30services, without being subject to the rulemaking procedures
31of chapter 17A.
32 Sec. 2766. Section 714F.9, subsection 1, Code 2023, is
33amended to read as follows:
341. Remedies. A violation of this chapter is an unlawful
35practice pursuant to section 714.16, and all the remedies of
-1489-1section 714.16 are available for such an action. A private
2cause of action brought under this chapter by a foreclosed
3homeowner is in the public interest. A foreclosed homeowner
4may bring an action for a violation of this chapter. If
5the court finds a violation of this chapter, the court shall
6award to the foreclosed homeowner actual damages, appropriate
7equitable relief, and the costs of the action, and shall
8award reasonable fees to the foreclosed homeowner’s attorney.
9Notwithstanding any other provision of this section, an action
10shall not be brought on the basis of a violation of this
11chapter except by a foreclosed homeowner against whom the
12violation was committed or by the attorney general. This
13limitation does not apply to administrative action by the
14superintendent of the banking division of the department of
15commerce insurance and financial services.
16 Sec. 2767. REPEAL. Section 524.202, Code 2023, is repealed.
17DIVISION XVI
18DEPARTMENT OF CORRECTIONS — JUDICIAL DISTRICT DEPARTMENTS OF
19CORRECTIONAL SERVICES AND COMMUNITY-BASED CORRECTIONAL PROGRAMS
20 Sec. 2768. Section 7E.5, subsection 1, paragraph n, Code
212023, is amended to read as follows:
22n. The department of corrections, created in section
23904.102, which has primary responsibility for corrections
24administration, corrections institutions, prison industries,
25judicial district departments of correctional services and
26the development, funding, and monitoring of community-based
27corrections programs.
28 Sec. 2769. Section 8D.2, subsection 5, paragraph a, Code
292023, is amended to read as follows:
30a. “Public agency” means a state agency, an institution
31under the control of the board of regents, the judicial
32branch as provided in section 8D.13, subsection 14, a school
33corporation, a city library, a county library as provided in
34chapter 336, or a judicial district department of correctional
35services established in section 905.2, to the extent provided
-1490-1in section 8D.13, subsection 12, an agency of the federal
2government, or a United States post office which receives a
3federal grant for pilot and demonstration projects.
4 Sec. 2770. Section 80D.1, subsection 1, Code 2023, is
5amended to read as follows:
61. The governing body of a city, a county, the state
7of Iowa, or a judicial district department of correctional
8services the Iowa department of corrections may provide, either
9separately or collectively through a chapter 28E agreement, for
10the establishment of a force of reserve peace officers, and may
11limit the size of the reserve force. In the case of the state,
12the department of public safety shall act as the governing
13body.
14 Sec. 2771. Section 80D.6, subsection 1, Code 2023, is
15amended to read as follows:
161. Reserve peace officers shall serve as peace officers
17on the orders and at the discretion of the chief of police,
18sheriff, commissioner of public safety or the commissioner’s
19designee, or director of the judicial district department of
20correctional services Iowa department of corrections or the
21director’s designee, as the case may be.
22 Sec. 2772. Section 80D.7, Code 2023, is amended to read as
23follows:
2480D.7 Carrying weapons.
25A member of a reserve force shall not carry a weapon in
26the line of duty until the member has been approved by the
27governing body and certified by the Iowa law enforcement
28academy council to carry weapons. After approval and
29certification, a reserve peace officer may carry a weapon in
30the line of duty only when authorized by the chief of police,
31sheriff, commissioner of public safety or the commissioner’s
32designee, or director of the judicial district department of
33correctional services Iowa department of corrections or the
34director’s designee, as the case may be.
35 Sec. 2773. Section 80D.9, Code 2023, is amended to read as
-1491-1follows:
280D.9 Supervision of reserve peace officers.
31. Reserve peace officers shall be subordinate to regular
4peace officers, shall not serve as peace officers unless
5under the direction of regular peace officers, and shall
6wear a uniform prescribed by the chief of police, sheriff,
7commissioner of public safety, or director of the judicial
8district department of correctional services Iowa department of
9corrections unless that superior officer designates alternate
10apparel for use when engaged in assignments involving special
11investigation, civil process, court duties, jail duties, and
12the handling of mental patients. The reserve peace officer
13shall not wear an insignia of rank.
142. Each department for which a reserve force is established
15shall appoint a certified peace officer as the reserve force
16coordinating and supervising officer. A reserve peace
17officer force established in a judicial district department of
18correctional services by the Iowa department of corrections
19 must be directly supervised by a certified peace officer who is
20on duty. That certified peace officer shall report directly
21to the chief of police, sheriff, commissioner of public safety
22or the commissioner’s designee, or director of the judicial
23district department of correctional services Iowa department of
24corrections or the director’s designee, as the case may be.
25 Sec. 2774. Section 80D.11, Code 2023, is amended to read as
26follows:
2780D.11 Employee — pay.
28While performing official duties, each reserve peace officer
29shall be considered an employee of the governing body which the
30officer represents and shall be paid a minimum of one dollar
31per year. The governing body of a city, a county, the state,
32or a judicial district department of correctional services the
33Iowa department of corrections may provide additional monetary
34assistance for the purchase and maintenance of uniforms and
35equipment used by reserve peace officers.
-1492-1 Sec. 2775. Section 97B.49B, subsection 1, paragraph e,
2subparagraph (14), Code 2023, is amended to read as follows:
3(14) An employee of a judicial district the Iowa department
4of correctional services corrections whose condition of
5employment requires the employee to be certified by the Iowa
6law enforcement academy and who is required to perform the
7duties of a parole officer as provided in section 906.2.
8 Sec. 2776. Section 97B.49B, subsection 3, paragraph f, Code
92023, is amended by striking the paragraph.
10 Sec. 2777. Section 331.211, subsection 1, Code 2023, is
11amended to read as follows:
121. The board, at its first meeting in each year, shall:
13a. Organize by choosing choose one of its members as
14chairperson who shall preside at all of its meetings during the
15year. The board may also select a vice chairperson who shall
16serve during the absence of the chairperson.
17b. Choose one of its members to be a member of the board of
18directors of the judicial district department of correctional
19services as provided in section 905.3, subsection 1, paragraph
20“a”, subparagraph (1).
21 Sec. 2778. Section 331.321, subsection 1, paragraph x, Code
222023, is amended by striking the paragraph.
23 Sec. 2779. Section 904.108, subsection 1, paragraph l, Code
242023, is amended to read as follows:
25l. Adopt rules, policies, and procedures, subject to
26the approval of the board, pertaining to community-based
27correctional programs, and the supervision of parole and work
28release.
29 Sec. 2780. NEW SECTION. 904.301A Appointment of directors.
30The director shall appoint, subject to the approval of the
31board, a director for each judicial district department of
32correctional services established in section 905.2.
33 Sec. 2781. Section 905.1, Code 2023, is amended to read as
34follows:
35905.1 Definitions.
-1493- 1As used in this chapter, unless the context otherwise
2requires:
31. “Administrative agent” means the county selected by the
4district board to perform accounting, budgeting, personnel,
5facilities management, insurance, payroll and other supportive
6services on the behalf of the district board, or the district
7department itself, if so designated by the district board.
82. 1. “Community-based correctional program” means
9correctional programs and services, under the direction of a
10director and the Iowa department of corrections, including
11but not limited to an intermediate criminal sanctions program
12in accordance with the corrections continuum in section
13901B.1, designed to supervise and assist individuals who
14are charged with or have been convicted of a felony, an
15aggravated misdemeanor or a serious misdemeanor, or who
16are on probation or parole in lieu of or as a result of a
17sentence of incarceration imposed upon conviction of any
18of these offenses, or who are contracted to the district
19department for supervision and housing while on work release.
20A community-based correctional program shall be designed by a
21district department, under the direction and control of the
22Iowa department of corrections, in a manner that provides
23services in a manner free of disparities based upon an
24individual’s race or ethnic origin.
253. 2. “Director” means the director of a judicial district
26department of correctional services, appointed by the director
27of the Iowa department of corrections, and employed by the Iowa
28department of corrections.
294. 3. “District advisory board” means the advisory board
30of directors of a judicial district department of correctional
31services.
325. 4. “District department” means a judicial district
33department of correctional services, under the direction and
34control of the Iowa department of corrections, established as
35required by section 905.2.
-1494- 16. “Project” means a locally functioning part of a
2community-based correctional program, officed and operating in
3a physical location separate from the offices of the district
4department.
57. “Project advisory committee” means a committee of no more
6than seven persons which shall act in an advisory capacity to
7the director on matters pertaining to the planning, operation,
8and other pertinent functions of each project in the judicial
9district. The members of the project advisory committee for
10each project shall be initially appointed by the director
11from among the general public. Not more than one half of the
12project advisory committee shall hold public office or public
13employment during membership on the committee. A person who
14holds public office as a county supervisor and serves on the
15board of directors under section 905.3 shall not be a member of
16a project advisory committee under this section. The terms of
17the initial members of the project advisory committee shall be
18staggered to permit the terms of just over half of the members
19to expire in two years and those of the remaining members to
20expire in one year. Subsequent appointments to the project
21advisory committee shall be by vote of a majority of the whole
22project advisory committee for two-year terms.
23 Sec. 2782. Section 905.2, Code 2023, is amended to read as
24follows:
25905.2 District departments established.
261. There is established in each judicial district in this
27state a public agency to be known as the “........judicial
28district department of correctional services.” Each district
29department shall furnish or contract for those services
30necessary to provide a community-based correctional program
31which meets the needs of that judicial district requirements of
32the Iowa department of corrections.
332. The district department is under the direction of a
34board of directors the Iowa department of corrections, selected
35as provided in section 905.3, and shall be administered by a
-1495-1director employed by the board Iowa department of corrections.
2A district department is a state agency for purposes of chapter
3669.
43. All employees of a district department shall be employees
5of the Iowa department of corrections.
6 Sec. 2783. Section 905.3, Code 2023, is amended to read as
7follows:
8905.3 Board of directors — executive committee District
9advisory board — expenses reimbursed.
101. a. The board of directors of A district advisory board
11is established for each district department, which shall serve
12in an advisory capacity to a director without compensation, and
13 shall be composed as follows:
14(1) One member shall be chosen appointed annually by a
15director from and by the board of supervisors of each county
16in the judicial district and shall be so designated annually
17by the respective boards of supervisors at the organizational
18meetings held under section 331.211.
19(2) One member shall be chosen from each of the project
20advisory committees within the judicial district, which person
21shall be designated annually, no later than January 15, by and
22from the project advisory committee. However, in lieu of the
23designation of project advisory committee members as members of
24the district board, the district board may The director shall
25 on or before December 31 appoint two citizen members to serve
26on the district advisory board for the following calendar year.
27(3) A number of members equal to the number of authorized
28board members from project advisory committees or equal to the
29number of citizen members shall be appointed by the chief judge
30of the judicial district no later than January 15 of each year
31 on or before December 31 to serve on the district advisory
32board for the following calendar year.
33b. Within thirty days after the members of the district
34board have been so designated for the year, the district
35board shall organize by election of a chairperson, a vice
-1496-1chairperson, and members of the executive committee as required
2by subsection 2. The district advisory board shall meet at
3least not more often than quarterly during the calendar year
4but may meet more frequently upon the call of the chairperson
5or upon a call signed by a majority, determined by weighted
6vote computed as in subsection 4, of the members of the board.
72. Each district board shall have an executive committee
8consisting of the chairperson and vice chairperson and at
9least one but no more than five other members of the district
10board. Either the chairperson or the vice chairperson shall
11be a supervisor, and the remaining representation on the
12executive committee shall be divided as equally as possible
13among supervisor members, project advisory committee members
14or citizen members, and judicially appointed members. The
15executive committee may exercise all of the powers and
16discharge all of the duties of the district board, as
17prescribed by this chapter, except those specifically withheld
18from the executive committee by action of the district board.
193. 2. The members of the district advisory board and of
20the executive committee shall be reimbursed from funds of the
21district department for travel and other expenses necessarily
22incurred in attending meetings of those bodies, or while
23otherwise engaged on business of the district department.
244. Each member of the district board shall have one vote
25on the board. However, upon the request of any supervisory
26member, the vote on any matter before the board shall be
27taken by weighted vote. In each such case, the vote of the
28supervisor representative of the least populous county in the
29judicial district shall have a weight of one unit, and the vote
30of each of the other supervisor members shall have a weight
31which bears the same proportion to one unit as the population
32of the county that supervisor member represents bears to the
33population of the least populous county in the district. In
34the event of weighted vote, the vote of each member appointed
35from a project advisory committee or of each citizen member and
-1497-1of each judicially appointed member shall have a weight of one
2unit.
3 Sec. 2784. Section 905.4, Code 2023, is amended to read as
4follows:
5905.4 Duties of the district advisory board.
6The district advisory board shall:
71. Adopt bylaws and rules for the conduct of its own
8business and for the government of the district department’s
9community-based correctional program.
102. Employ a director having the qualifications required by
11section 905.6 to head the district department’s community-based
12correctional program and, within a range established by the
13Iowa department of corrections, fix the compensation of and
14have control over the director and the district department’s
15staff. For purposes of collective bargaining under chapter
1620, employees of the district board who are not exempt from
17chapter 20 are employees of the state, and the employees of all
18of the district boards shall be included within one collective
19bargaining unit.
203. Designate one of the counties in the judicial district
21to serve as the district department’s administrative agent
22to provide, in that capacity, all accounting, personnel,
23facilities management and supportive services needed by the
24district department, on terms mutually agreeable in regard
25to advancement of funds to the county for the added expense
26it incurs as a result of being so designated. However, the
27district board may designate the district department itself as
28the district department’s administrative agent, if the district
29board determines that it would be more efficient and less
30costly than designating a county as the administrative agent.
314. File with the board of supervisors of each county in the
32district and with the Iowa department of corrections, within
33ninety days after the close of each fiscal year, a report
34covering the district board’s proceedings and a statement of
35receipts and expenditures during the preceding fiscal year.
-1498- 15. 2. Arrange for, by contract or on such alternative
2basis as may be mutually acceptable, and equip Advise the
3director concerning suitable quarters at one or more sites in
4the district as may be necessary for the district department’s
5community-based correctional program, provided that the
6board shall to the greatest extent feasible utilize existing
7facilities and shall keep capital expenditures for acquisition,
8renovation and repair of facilities to a minimum. The
9district board shall not enter into lease-purchase agreements
10for the purposes of constructing, renovating, expanding, or
11otherwise improving a community-based correctional facility or
12office unless express authorization has been granted by the
13general assembly, and current funding is adequate to meet the
14lease-purchase obligation.
156. Have authority to accept property by gift, devise,
16bequest or otherwise and to sell or exchange any property
17so accepted and apply the proceeds thereof, or the property
18received in exchange therefor, to the purposes enumerated in
19subsection 5.
207. 3. Recruit, and promote, accept and use local financial
21support for the district department’s community-based
22correctional program from private sources such as community
23service funds, business, industrial and private foundations,
24voluntary agencies and other lawful sources.
258. Accept and expend state and federal funds available
26directly to the district department for all or any part of the
27cost of its community-based correctional program.
289. Arrange, by contract or on an alternative basis mutually
29acceptable, and with approval of the director of the Iowa
30department of corrections or that director’s designee for
31utilization of existing local treatment and service resources,
32including but not limited to employment, job training,
33general, special, or remedial education; psychiatric and
34marriage counseling; and alcohol and drug abuse treatment and
35counseling. It is the intent of this chapter that a district
-1499-1board shall approve the development and maintenance of such
2resources by its own staff only if the resources are otherwise
3unavailable to the district department within reasonable
4proximity to the community where these services are needed in
5connection with the community-based correctional program.
610. Establish a project advisory committee to act in an
7advisory capacity on matters pertaining to the planning,
8operation, and other pertinent functions of each project in the
9judicial district.
1011. Have authority to establish a force of reserve peace
11officers, either separately or collectively through a chapter
1228E agreement, as provided in chapter 80D.
13 Sec. 2785. Section 905.6, Code 2023, is amended to read as
14follows:
15905.6 Duties of director.
16The director employed by the district board under section
17905.4, subsection 2, Iowa department of corrections shall be
18qualified in the administration of correctional programs. The
19director shall:
201. Perform the duties and have the responsibilities
21delegated by the district board or specified by the Iowa
22department of corrections pursuant to this chapter.
232. Manage the district department’s community-based
24correctional program, in accordance with the policies of the
25district board and the Iowa department of corrections.
263. Employ, with approval of the district board Iowa
27department of corrections, and supervise the employees of the
28district department, including reserve peace officers, if a
29force of reserve peace officers has been established.
304. Prepare all budgets and fiscal documents, and certify
31for payment all expenses and payrolls lawfully incurred by
32the district department. The director may invest funds which
33are not needed for current expenses, jointly with one or more
34cities, city utilities, counties, or rural water districts
35created under chapter 357A pursuant to a joint investment
-1500-1agreement. All investment of funds shall be subject to
2sections 12B.10 and 12B.10A and other applicable law.
35. Act as secretary to the district advisory board, prepare
4its agenda and record its proceedings. The district shall
5provide a copy of minutes from each meeting of the district
6advisory board to the legislative services agency.
76. Develop and submit to the district board Iowa department
8of corrections a plan for the establishment, implementation,
9and operation of a community-based correctional program in that
10judicial district, which program conforms to the guidelines
11drawn up by the Iowa department of corrections under this
12chapter and which conform to rules, policies, and procedures
13pertaining to the supervision of parole and work release
14adopted by the director of the Iowa department of corrections
15concerning the community-based correctional program.
167. Negotiate and, upon approval by the district board
17 Iowa department of corrections, implement contracts or other
18arrangements for utilization of local treatment and service
19resources authorized by section 905.4, subsection 9 15.
208. Administer the batterers’ treatment program for domestic
21abuse offenders required in section 708.2B.
229. Notify the board of parole, thirty days prior to release,
23of the release from a residential facility operated by the
24district department of a person serving a sentence under
25section 902.12.
2610. File with the director of the Iowa department of
27corrections, within ninety days after the close of each
28fiscal year, a report covering the district advisory board’s
29proceedings and a statement of receipts and expenditures during
30the preceding fiscal year.
3111. Arrange for, upon approval of the Iowa department of
32corrections, by contract or on such alternative basis as may
33be mutually acceptable, and equip suitable quarters at one or
34more sites in the district as may be necessary for the district
35department’s community-based correctional program, provided
-1501-1that the director shall to the greatest extent feasible utilize
2existing facilities and shall keep capital expenditures for
3acquisition, renovation, and repair of facilities to a minimum.
4The director shall not enter into lease-purchase agreements
5for the purposes of constructing, renovating, expanding, or
6otherwise improving a community-based correctional facility or
7office unless express authorization has been granted by the
8general assembly, and current funding is adequate to meet the
9lease-purchase obligation.
1012. Have authority to accept property by gift, devise,
11bequest, or otherwise, and to sell or exchange any property
12so accepted and apply the proceeds thereof, or the property
13received in exchange therefor, to the purposes enumerated in
14subsection 11.
1513. Recruit, promote, accept, and use local financial
16support for the district department’s community-based
17correctional program from private sources such as community
18service funds, business, industrial and private foundations,
19voluntary agencies, and other lawful sources.
2014. Accept and expend state and federal funds available
21directly to the district department for all or any part of the
22cost of its community-based correctional program.
2315. Arrange, by contract or on an alternative basis mutually
24acceptable, and with approval of the director of the Iowa
25department of corrections or that director’s designee for
26utilization of existing local treatment and service resources,
27including but not limited to employment, job training,
28general, special, or remedial education; psychiatric and
29marriage counseling; and substance use disorder treatment and
30counseling.
3116. Have authority to establish a force of reserve peace
32officers, either separately or collectively through a chapter
3328E agreement, as provided in chapter 80D.
34 Sec. 2786. Section 905.9, Code 2023, is amended to read as
35follows:
-1502- 1905.9 Report of review — sanction.
2Upon completion of a review of a district community-based
3correctional program, made under section 905.8, the Iowa
4department of corrections shall submit its findings to the
5district advisory board in writing. If the Iowa department
6of corrections concludes that the district department’s
7community-based correctional program fails to meet any of the
8requirements of this chapter and of the guidelines adopted
9under section 905.7, it shall also request in writing a
10response to this finding from the district advisory board.
11If a response is not received within sixty days after the
12date of that request, or if the response is unsatisfactory,
13the Iowa department of corrections may call a public hearing
14on the matter. If after the hearing, the Iowa department
15of corrections is not satisfied that the district’s
16community-based correctional program will expeditiously be
17brought into compliance with the requirements of this chapter
18and of the guidelines adopted under section 905.7, it may
19assume responsibility for administration of the district’s
20community-based correctional program on an interim basis.
21 Sec. 2787. REPEAL. Section 905.5, Code 2023, is repealed.
22 Sec. 2788. TRANSITION PROVISIONS.
231. Any rule promulgated by a district board of a judicial
24district department of correctional services as required to
25administer and enforce the provisions of chapter 905 shall
26continue in full force and effect until amended, repealed, or
27supplemented by affirmative action of the Iowa department of
28corrections.
292. Any contract entered into by a district board of a
30judicial district department of correctional services relating
31to the provisions of chapter 905 in effect on the effective
32date of this Act shall continue in full force and effect
33pending transfer of such contract to the Iowa department of
34corrections.
353. Any moneys remaining in any account or fund under the
-1503-1control of a district board of a judicial district department
2of correctional services on the effective date of this division
3of this Act and relating to the provisions of this division of
4this Act shall be transferred to a comparable fund or account
5under the control of the Iowa department of corrections.
6Notwithstanding section 8.33, the moneys transferred in
7accordance with this subsection shall not revert to the account
8or fund from which appropriated or transferred.
9 Sec. 2789. TRANSITION — APPOINTMENT AND TERM OF DISTRICT
10BOARD MEMBERS. This division of this Act shall not affect the
11appointment or term of a member serving on a district board
12of a judicial district department of correctional services
13immediately prior to the effective date of this division of
14this Act.
15 Sec. 2790. APPLICABILITY — VIOLATION OF CONDITIONS OF
16PAROLE OR PROBATION.
171. This division of this Act shall not be construed to
18affect a district department, probation officer, or parole
19officer’s authority, having probable cause, to arrest a person
20on probation or parole that is believed to have violated the
21conditions of supervision, consistent with sections 907.2,
22907.6, 908.1, and 908.11, and any administrative rules
23promulgated thereunder.
242. This division of this Act shall not be construed to
25affect a district department’s ability to establish probation
26conditions that meet the approval of the chief judge of the
27district, consistent with section 907.6 and any administrative
28rules promulgated thereunder.
293. This division of this Act shall not be construed to
30affect the authority of the board of parole to establish and
31approve standard parole conditions.
32DIVISION XVII
33BOARD OF PAROLE
34 Sec. 2791. Section 904A.1, Code 2023, is amended to read as
35follows:
-1504- 1904A.1 Board of parole — organization.
21. The board of parole is created to consist of five
3members. Each member, except the chairperson and the vice
4chairperson, shall be compensated on a day-to-day basis shall
5be appointed by the governor subject to confirmation by the
6senate. Each member shall serve a term of four years beginning
7and ending as provided by section 69.19, except for members
8appointed to fill vacancies who shall serve for the balance
9of the unexpired term. The terms shall be staggered. The
10chairperson and vice chairperson All members of the board shall
11be full-time, salaried members of the board. A majority of the
12members of the board constitutes a quorum to transact business.
132. The governor shall appoint a member of the board as
14the chairperson of the board, subject to confirmation by the
15senate. The appointment as chairperson shall serve at the
16pleasure of the governor.
17 Sec. 2792. Section 904A.6, Code 2023, is amended to read as
18follows:
19904A.6 Salaries and expenses.
20Each member, except the chairperson and the vice
21chairperson, of the board shall be paid per diem as determined
22by the general assembly. The chairperson and vice chairperson
23 of the board shall be paid a salary as determined by the
24general assembly. Each member of the board and all employees
25are entitled to receive, in addition to their per diem or
26 salary, their necessary maintenance and travel expenses while
27engaged in official business.
28 Sec. 2793. REPEAL. Sections 904A.2A and 904A.3, Code 2023,
29are repealed.
30 Sec. 2794. TRANSITION — APPOINTMENT AND TERM OF BOARD OF
31PAROLE MEMBERS. This division of this Act shall not affect the
32appointment or term of a member serving on the board of parole
33immediately prior to the effective date of this division of
34this Act.
35DIVISION XVIII
-1505-1SALARIES OF APPOINTED STATE OFFICERS
2 Sec. 2795. APPOINTED STATE OFFICERS — SALARY RANGES.
31. Unless otherwise provided by law, the governor shall
4establish a salary for nonelected persons appointed by the
5governor within the executive branch of state government.
6In establishing a salary for a person holding a position
7enumerated in subsection 3 within the range provided, the
8governor may consider, among other items, the experience of
9the person in the position, changes in the duties of the
10position, the incumbent’s performance of assigned duties,
11and subordinates’ salaries. However, the attorney general
12shall establish the salary of the consumer advocate, the
13chief justice of the supreme court shall establish the salary
14of the state court administrator, the ethics and campaign
15disclosure board shall establish the salary of the executive
16director, the Iowa public information board shall establish
17the salary of the executive director, the board of regents
18shall establish the salary of the executive director, and the
19Iowa public broadcasting board shall establish the salary of
20the administrator of the public broadcasting division of the
21department of education, each within the salary range provided
22in subsection 3.
232. A person whose salary is established pursuant to this
24section and who is a full-time, year-round employee of the
25state shall not receive any other remuneration from the state
26or from any other source for the performance of that person’s
27duties unless the additional remuneration is first approved by
28the governor or authorized by law. However, this subsection
29does not apply to reimbursement for necessary travel and
30expenses incurred in the performance of duties or fringe
31benefits normally provided to employees of the state.
323. a. The following annual salary ranges for appointed
33state officers are effective for the positions specified in
34this subsection for the fiscal year beginning July 1, 2023,
35effective for the pay period beginning June 23, 2023, and
-1506-1for subsequent fiscal years until otherwise provided by the
2general assembly. The governor or other person designated
3in subsection 1 shall determine the salary to be paid to the
4person indicated at a rate within the applicable salary range
5from moneys appropriated by the general assembly for that
6purpose.
7SALARY RANGE Minimum Maximum
8(1) Range 4 $ 63,690 $ 97,460
9(2) Range 5 $ 73,250 $112,070
10(3) Range 6 $ 84,240 $128,890
11(4) Range 7 $100,840 $154,300
12b. The following are range 4 positions: chairperson and
13members of the employment appeal board of the department of
14inspections, appeals, and licensing, director of the Iowa state
15civil rights commission, director of the department for the
16blind, executive director of the ethics and campaign disclosure
17board, executive director of the Iowa public information board,
18and chairperson, vice chairperson, and members of the board of
19parole.
20c. The following are range 5 positions: state public
21defender, labor commissioner, workers’ compensation
22commissioner, director of the law enforcement academy, and
23executive director of the public employment relations board.
24d. The following are range 6 positions: superintendent of
25banking, superintendent of credit unions, consumer advocate,
26and chairperson and members of the utilities board.
27e. The following are range 7 positions: administrator
28of the public broadcasting division of the department of
29education, executive director of the Iowa telecommunications
30and technology commission, executive director of the state
31board of regents, lottery administrator of the department of
32revenue, and state court administrator.
33 Sec. 2796. Section 8A.102, subsection 2, Code 2023, is
34amended to read as follows:
352. The person appointed as director shall be professionally
-1507-1qualified by education and have no less than five years’
2experience in the field of management, public or private sector
3personnel administration including the application of merit
4principles in employment, financial management, and policy
5development and implementation. The appointment shall be made
6without regard for political affiliation. The director shall
7not be a member of any local, state, or national committee
8of a political party, an officer or member of a committee in
9any partisan political club or organization, or hold or be a
10candidate for a paid elective public office. The director is
11subject to the restrictions on political activity provided
12in section 8A.416. The governor shall set the salary of the
13director within pay grade nine.
14 Sec. 2797. Section 80.2, Code 2023, is amended to read as
15follows:
1680.2 Commissioner — appointment.
17The chief executive officer of the department of public
18safety is the commissioner of public safety. The governor
19shall appoint, subject to confirmation by the senate, a
20commissioner of public safety, who shall be a person of
21high moral character, of good standing in the community in
22which the commissioner lives, of recognized executive and
23administrative capacity, and who shall not be selected on the
24basis of political affiliation. The commissioner of public
25safety shall devote full time to the duties of this office; the
26commissioner shall not engage in any other trade, business, or
27profession, nor engage in any partisan or political activity.
28The commissioner shall serve at the pleasure of the governor,
29at an annual salary as fixed by the general assembly.
30 Sec. 2798. Section 84A.1, subsection 2, paragraph b, Code
312023, is amended to read as follows:
32b. The governor shall set the salary of the director
33within the applicable salary range established by the general
34assembly.
35 Sec. 2799. Section 256.10, subsection 1, Code 2023, is
-1508-1amended to read as follows:
21. The salary of the director shall be fixed by the governor
3within a range established by the general assembly.
4 Sec. 2800. Section 307.11, subsection 2, Code 2023, is
5amended to read as follows:
62. The director shall receive a salary as fixed by the
7governor within a salary range set by the general assembly.
8 Sec. 2801. Section 455A.3, Code 2023, is amended to read as
9follows:
10455A.3 Director — qualifications.
11The chief administrative officer of the department is
12the director who shall be appointed by the governor, subject
13to confirmation of the senate, and serve at the governor’s
14pleasure. The governor shall make the appointment based on
15the appointee’s training, experience, and capabilities. The
16director shall be knowledgeable in the general field of natural
17resource management and environmental protection. The salary
18of the director shall be fixed by the governor within salary
19guidelines or a range established by the general assembly.
20 Sec. 2802. EFFECTIVE DATE. This division of this Act takes
21effect June 23, 2023.
22DIVISION XIX
23BOARDS AND COMMISSIONS
24 Sec. 2803. BOARDS AND COMMISSIONS REVIEW COMMITTEE —
25REPORT.
261. A boards and commissions review committee shall be
27established to study the efficiency and effectiveness of each
28board, council, commission, committee, or other similar entity
29of the state established by the Code. The committee shall
30evaluate the extent to which the goals and objectives of those
31entities are currently being met and make recommendations for
32the continuation, elimination, consolidation, or reorganization
33of those entities as needed.
342. The committee shall consist of six voting members and
35four ex officio, nonvoting members.
-1509- 1a. The voting members of the committee shall be composed of
2all of the following:
3(1) One staff member of the governor’s office, appointed by
4the governor.
5(2) The administrative rules coordinator or the
6coordinator’s designee.
7(3) The director of the department of management or the
8director’s designee.
9(4) The director of the department of inspections, appeals,
10and licensing or the director’s designee.
11(5) One assistant attorney general, appointed by the
12governor upon recommendation of the attorney general.
13(6) One member of the public, appointed by the governor.
14b. The ex officio, nonvoting members of the committee shall
15be two state representatives, one appointed by the speaker of
16the house of representatives and one by the minority leader
17of the house of representatives, and two state senators, one
18appointed by the majority leader of the senate and one by the
19minority leader of the senate.
203. The office of the governor shall provide staffing for
21the committee. The committee may seek the expertise and
22services of individuals or entities outside of its membership
23for research, advice, consultation, support, or other needs in
24furtherance of its responsibilities.
254. The committee shall submit a report containing its
26findings and recommendations to the governor and the general
27assembly on or before September 30, 2023.
285. All departments, agencies, boards, councils,
29commissions, committees, or other similar entity of the
30state established by the Code shall cooperate fully with the
31committee in its review process.
326. This section is repealed January 1, 2024.
33DIVISION XX
34MISCELLANEOUS PROVISIONS
35 Sec. 2804. IRRECONCILABLE AMENDMENTS. If an amendment
-1510-1to a statute in this Act is irreconcilable with an amendment
2made to the same statute that is contained in division I of
3this Act that implements the transition of the department of
4human services and the department of public health into the
5department of health and human services as required in 2022
6Iowa Acts, chapter 1131, section 51, the amendment to the
7statute that is not contained in division I of this Act shall
8prevail over and shall be codified instead of the amendment
9to the same statute that is contained in division I of this
10Act that implements the transition of the department of
11human services and the department of public health into the
12department of health and human services.
13 Sec. 2805. TRANSITION PROVISIONS.
141. Administrative rules.
15a. Any rule, regulation, form, order, or directive
16promulgated by any state agency mentioned in this Act,
17including any agency abolished, merged, or altered in this Act,
18and in effect on July 1, 2023, shall continue in full force and
19effect until amended, repealed, or supplemented by affirmative
20action of the appropriate state agency under the duties and
21powers of state agencies as established in this Act and under
22the procedure established in paragraph “b”, if applicable.
23b. In regard to updating references and format in the
24Iowa administrative code in order to correspond to the
25restructuring of state government as established in this Act,
26the administrative rules coordinator and the administrative
27rules review committee, in consultation with the administrative
28code editor, shall jointly develop a schedule for the necessary
29updating of the Iowa administrative code.
302. Legal obligations.
31a. Any license or permit issued by any state agency
32mentioned in this Act, including any agency abolished, merged,
33or altered in this Act, and in effect on July 1, 2023, shall
34continue in full force and effect until expiration or renewal.
35b. Any loan, grant, or item of value awarded, or contract
-1511-1entered into, as of July 1, 2023, by any state agency mentioned
2in this Act, including any agency abolished, merged, or altered
3in this Act, shall continue in full force and effect pursuant
4to the terms of the award of such loan, grant, item of value,
5or contract.
63. Funds. Any funds in any account or fund that is
7altered in this Act, or of a state agency abolished, merged,
8or altered in this Act, shall be transferred to the comparable
9fund or account or state agency as provided by this Act.
10Notwithstanding section 8.33, moneys transferred in accordance
11with this subsection shall not revert to the account or fund
12from which appropriated or transferred.
134. Litigation. Any administrative hearing, cause of
14action, or statute of limitation relating to a state agency
15transferred to another state agency as provided by this Act
16shall not be affected as a result of the transfer and such
17cause or statute of limitation shall apply to the successor
18state agency.
195. Boards and commissions. The holder of any position of
20membership on any board, committee, commission, or council in
21state government shall continue to hold such position until
22the end of the member’s term of office, notwithstanding any
23change in the name or organizational location of such board,
24committee, commission, or council that is made by this Act.
256. Signs and insignia. Any replacement of signs, logos,
26stationery, insignia, uniforms, and related items that is made
27due to the effect of this Act should be done as part of the
28normal replacement cycle for such items.
29 Sec. 2806. APPLICABILITY. The transition provisions in
30this division of this Act, to the extent not inconsistent with
31alternative provisions specifically provided by law or this
32Act, shall apply to this Act.
ec/jh/mb
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, paragraphs i, j, k, and
2s, Code 2023, are amended to read as follows:
3i. The department of health and human services, created in
4section 217.1, which has primary responsibility for services
5to individuals to promote the well-being and the social and
6economic development of the people of the state;.
7j. The Iowa department of public health, created in chapter
8135, which has primary responsibility for supervision of public
9health programs, promotion of public hygiene and sanitation,
10treatment and prevention of substance abuse use disorder, and
11enforcement of related laws;.
12k. The department on aging, created in section 231.21,
13which has primary responsibility for leadership and program
14management for programs which serve the older individuals of
15the state; and for services relating to Latino persons, women,
16persons with disabilities, community action agencies, criminal
17and juvenile justice planning, African Americans, deaf and
18hard-of-hearing persons, persons of Asian and Pacific Islander
19heritage, and Native Americans.
20s. The department of human rights, created in section
21216A.1, which has primary responsibility for services relating
22to Latino persons, women, persons with disabilities, community
23action agencies, criminal and juvenile justice planning,
24African Americans, deaf and hard-of-hearing persons, persons of
25Asian and Pacific Islander heritage, and Native Americans.
26 Sec. 6. Section 8.39, subsection 2, Code 2023, is amended
27to read as follows:
282. If the appropriation of a department, institution, or
29agency is insufficient to properly meet the legitimate expenses
30of the department, institution, or agency, the director, with
31the approval of the governor, may make an interdepartmental
32transfer from any other department, institution, or agency of
33the state having an appropriation in excess of its needs, of
34sufficient funds to meet that deficiency. Such transfer shall
35be to an appropriation made from the same funding source and
-2-1within the same fiscal year. The amount of a transfer made
2from an appropriation under this subsection shall be limited
3to not more than one-tenth of one percent of the total of all
4appropriations made from the funding source of the transferred
5appropriation for the fiscal year in which the transfer is
6made. An interdepartmental transfer to an appropriation which
7is not an entitlement appropriation is not authorized when
8the general assembly is in regular session and, in addition,
9the sum of interdepartmental transfers in a fiscal year to an
10appropriation which is not an entitlement appropriation shall
11not exceed fifty percent of the amount of the appropriation
12as enacted by the general assembly. For the purposes of
13this subsection, an entitlement appropriation is a line item
14appropriation to the state public defender for indigent defense
15or to the department of health and human services for foster
16care, state supplementary assistance, or medical assistance, or
17for the family investment program.
18 Sec. 7. Section 8A.321, subsection 4, Code 2023, is amended
19to read as follows:
204. Contract, with the approval of the executive council,
21for the repair, remodeling, or, if the condition warrants,
22demolition of all buildings and grounds of the state at the
23seat of government, at the state laboratories facility in
24Ankeny, and the institutions of the department of health and
25 human services and the department of corrections for which no
26specific appropriation has been made, if the cost of repair,
27remodeling, or demolition will not exceed one hundred thousand
28dollars when completed. The cost of repair projects for which
29no specific appropriation has been made shall be paid as an
30expense authorized by the executive council as provided in
31section 7D.29.
32 Sec. 8. Section 8A.362, subsection 8, Code 2023, is amended
33to read as follows:
348. All fuel used in state-assigned automobiles shall be
35purchased at cost from the various installations or garages
-3-1of the state department of transportation, state board of
2regents, department of health and human services, or state
3motor pools throughout the state, unless the state-owned
4sources for the purchase of fuel are not reasonably accessible.
5If the director determines that state-owned sources for the
6purchase of fuel are not reasonably accessible, the director
7shall authorize the purchase of fuel from other sources. The
8director may prescribe a manner, other than the use of the
9revolving fund, in which the purchase of fuel from state-owned
10sources is charged to the state agency responsible for the
11use of the motor vehicle. The director shall prescribe the
12manner in which oil and other normal motor vehicle maintenance
13for state-owned motor vehicles may be purchased from private
14sources, if they cannot be reasonably obtained from a state
15motor pool. The director may advertise for bids and award
16contracts in accordance with competitive bidding procedures
17for items and services as provided in this subchapter for
18furnishing fuel, oil, grease, and vehicle replacement parts for
19all state-owned motor vehicles. The director and other state
20agencies, when advertising for bids for gasoline, shall also
21seek bids for ethanol blended gasoline.
22 Sec. 9. Section 8A.504, subsection 1, paragraph d,
23subparagraph (1), Code 2023, is amended to read as follows:
24(1) Any debt, which is assigned to the department of health
25and human services, or which is owed to the department of
26health and human services for unpaid premiums under section
27249A.3, subsection 2, paragraph “a”, subparagraph (1), or
28which the child support recovery unit services is otherwise
29attempting to collect, or which the foster care recovery unit
30 services of the department of health and human services is
31attempting to collect on behalf of a child receiving foster
32care provided by the department of health and human services.
33 Sec. 10. Section 8A.504, subsection 2, unnumbered paragraph
341, Code 2023, is amended to read as follows:
35The collection entity shall establish and maintain a
-4-1procedure to set off against any claim owed to a person by a
2public agency any liability of that person owed to a public
3agency, a support debt being enforced by the child support
4recovery unit services pursuant to chapter 252B, or such other
5qualifying debt. The procedure shall only apply when at the
6discretion of the director it is feasible. The procedure shall
7meet the following conditions:
8 Sec. 11. Section 8A.512, subsection 1, paragraph b,
9subparagraph (2), Code 2023, is amended to read as follows:
10(2) Claims for medical assistance payments authorized under
11chapter 249A are subject to the time limits imposed by rule
12adopted by the department of health and human services.
13 Sec. 12. Section 10A.108, Code 2023, is amended to read as
14follows:
1510A.108 Improper health and human services entitlement
16benefits or provider payments — debt, lien, collection.
171. a. If a person refuses or neglects to repay benefits or
18provider payments inappropriately obtained from the department
19of health and human services, the amount inappropriately
20obtained, including any interest, penalty, or costs attached
21to the amount, constitutes a debt and is a lien in favor of the
22state upon all property and any rights or title to or interest
23in property, whether real or personal, belonging to the person
24for the period established in subsection 2, with the exception
25of property which is exempt from execution pursuant to chapter
26627.
27b. A lien under this section shall not attach to any amount
28of inappropriately obtained benefits or provider payments, or
29portions of the benefits or provider payments, attributable to
30errors by the department of health and human services. Liens
31shall only attach to the amounts of inappropriately obtained
32benefits or provider payments or portions of the benefits or
33provider payments which were obtained due to false, misleading,
34incomplete, or inaccurate information submitted by a person in
35connection with the application for or receipt of benefits or
-5-1provider payments.
22. a. The lien attaches at the time the notice of the
3lien is filed under subsection 3, and continues for ten years
4from that date, unless released or otherwise discharged at an
5earlier time.
6b. The lien may be extended, within ten years from the
7date of attachment, if a person files a notice with the county
8recorder or other appropriate county official of the county
9in which the property is located at the time of filing the
10extension. From the time of the filing of the notice, the lien
11period shall be extended for ten years to apply to the property
12in the county in which the notice is filed, unless released
13or otherwise discharged at an earlier time. The number of
14extensions is not limited.
15c. The director department shall discharge any lien which is
16allowed to lapse and may charge off any account and release the
17corresponding lien before the lien has lapsed if the director
18 department determines, under uniform rules prescribed by the
19director, that the account is uncollectible or collection costs
20involved would not warrant collection of the amount due.
213. To preserve the lien against subsequent mortgagees,
22purchasers, or judgment creditors, for value and without notice
23of the lien, on any property located in a county, the director
24shall file a notice of the lien with the recorder of the county
25in which the property is located at the time of filing of the
26notice.
274. The county recorder of each county shall prepare
28and maintain in the recorder’s office an index of liens of
29debts established based upon benefits or provider payments
30inappropriately obtained from and owed the department of health
31and human services, containing the applicable entries specified
32in sections 558.49 and 558.52, and providing appropriate
33columns for all of the following data, under the names of
34debtors, arranged alphabetically:
35a. The name of the debtor.
-6- 1b. “State of Iowa, Department of Health and Human Services”
2as claimant.
3c. The time that the notice of the lien was filed for
4recording.
5d. The date of notice.
6e. The amount of the lien currently due.
7f. The date of the assessment.
8g. The date of satisfaction of the debt.
9h. Any extension of the time period for application of the
10lien and the date that the notice for extension was filed.
115. The recorder shall endorse on each notice of lien the day
12and time filed for recording and the document reference number,
13and shall preserve the notice. The recorder shall index the
14notice and shall record the lien in the manner provided for
15recording real estate mortgages. The lien is effective from
16the time of the indexing.
176. The department shall pay, from moneys appropriated to
18the department for this purpose, recording fees as provided in
19section 331.604, for the recording of the lien.
207. Upon payment of a debt for which the director department
21 has filed notice with a county recorder, the director
22 department shall provide to the debtor a satisfaction of
23the debt. The debtor shall be responsible for filing the
24satisfaction of the debt with the recorder and the recorder
25shall enter the satisfaction on the notice on file in the
26recorder’s office.
278. The department of inspections, and appeals, and
28licensing, as provided in this chapter and chapter 626, shall
29proceed to collect all debts owed the department of health and
30 human services as soon as practicable after the debt becomes
31delinquent. If service has not been made on a distress warrant
32by the officer to whom addressed within five days from the
33date the distress warrant was received by the officer, the
34authorized investigators of the department of inspections, and
35 appeals, and licensing may serve and make return of the warrant
-7-1to the clerk of the district court of the county named in the
2distress warrant, and all subsequent procedures shall be in
3compliance with chapter 626.
49. The distress warrant shall be in a form as prescribed
5by the director, shall be directed to the sheriff of the
6appropriate county, and shall identify the debtor, the type
7of debt, and the delinquent amount. The distress warrant
8shall direct the sheriff to distrain, seize, garnish, or levy
9upon, and sell, as provided by law, any real or personal
10property belonging to the debtor to satisfy the amount of the
11delinquency plus costs. The distress warrant shall also direct
12the sheriff to make due and prompt return to the department
13or to the district court under chapter 626 of all amounts
14collected.
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. 13. Section 10A.402, subsections 4 and 5, Code 2023,
28are amended to read as follows:
294. Investigations and collections relative to the
30liquidation of overpayment debts owed to the department of
31health and human services. Collection methods include but are
32not limited to small claims filings, debt setoff, distress
33warrants, and repayment agreements, and are subject to approval
34by the department of health and human services.
355. Investigations relative to the administration of the
-8-1state supplementary assistance program, the state medical
2assistance program, the food stamp supplemental nutrition
3assistance program, the family investment program, and any
4other state or federal benefit assistance program.
5 Sec. 14. Section 11.5B, Code 2023, is amended to read as
6follows:
711.5B Repayment of audit expenses by state departments and
8agencies.
9The auditor of state shall be reimbursed by a department
10or agency for performing audits or examinations of the
11following state departments or agencies, or funds received by
12a department or agency:
131. Department of commerce.
142. Department of health and human services.
153. State department of transportation.
164. Iowa department of public health.
175. 4. State board of regents.
186. 5. Department of agriculture and land stewardship.
197. 6. Iowa veterans home.
208. 7. Department of education.
219. 8. Department of workforce development.
2210. 9. Department of natural resources.
2311. 10. Offices of the clerks of the district court of the
24judicial branch.
2512. 11. The Iowa public employees’ retirement system.
2613. 12. Federal financial assistance, as defined in the
27federal Single Audit Act, 31 U.S.C. §7501, et seq., received by
28all other departments.
2914. 13. Department of administrative services.
3015. 14. Office of the chief information officer of the
31department of management.
32 Sec. 15. Section 11.6, subsection 1, paragraph b, Code 2023,
33is amended to read as follows:
34b. The financial condition and transactions of community
35mental health centers organized under chapter 230A, substance
-9-1abuse use disorder programs organized under chapter 125, and
2community action agencies organized under chapter 216A, shall
3be audited at least once each year.
4 Sec. 16. 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 health and human services, the Iowa finance
20authority, or to the funds received by the state racing and
21gaming commission under sections 99D.7 and 99D.14.
22 Sec. 17. Section 12E.3A, subsection 1, Code 2023, is amended
23to read as follows:
241. The general assembly reaffirms and reenacts the purposes
25stated for the use of moneys deposited in the healthy Iowans
26tobacco trust, as the purposes were enacted in 2000 Iowa Acts,
27ch.1232, §12, and codified in section 12.65, Code 2007, as
28the purposes for the endowment for Iowa’s health account.
29The purposes include those purposes related to health care,
30substance abuse use disorder treatment and enforcement, tobacco
31use prevention and control, and other purposes related to the
32needs of children, adults, and families in the state.
33 Sec. 18. Section 15.102, subsection 12, paragraph b,
34subparagraph (1), subparagraph division (d), Code 2023, is
35amended to read as follows:
-10- 1(d) Psychoactive substance abuse use disorders resulting
2from current illegal use of drugs.
3 Sec. 19. Section 15H.1A, Code 2023, is amended to read as
4follows:
515H.1A Definitions.
6For purposes of this chapter, unless the context otherwise
7requires:
81. “Authority” means the economic development authority
9created in section 15.105.
102. 1. “Commission” means the Iowa commission on volunteer
11service created in section 15H.2.
122. “Department” means the department of health and human
13services.
143. “Director” means the director of the authority health and
15human services.
16 Sec. 20. Section 15H.2, subsection 1, Code 2023, is amended
17to read as follows:
181. The Iowa commission on volunteer service is created
19within the authority department. The governor shall appoint
20the commission’s members. The director may employ personnel
21as necessary to carry out the duties and responsibilities of
22the commission.
23 Sec. 21. Section 15H.2, subsection 3, paragraph i, Code
242023, is amended to read as follows:
25i. Administer the retired and senior volunteer program.
26 Sec. 22. Section 15H.4, subsection 1, Code 2023, is amended
27to read as follows:
281. The authority department shall serve as the lead agency
29for administration of the commission. The authority department
30 may consult with the department of education, the state board
31of regents, and the department of workforce development for any
32additional administrative support as necessary to fulfill the
33duties of the commission. All other state agencies, at the
34request of the authority department, shall provide assistance
35to the commission to ensure a fully coordinated state effort
-11-1for promoting national and community service.
2 Sec. 23. Section 15H.5, subsection 5, paragraph a, Code
32023, is amended to read as follows:
4a. Funding for the Iowa summer youth corps program, the
5Iowa green corps program established pursuant to section
615H.6, the Iowa reading corps program established pursuant to
7section 15H.7, the RefugeeRISE AmeriCorps program established
8pursuant to section 15H.8, and the Iowa national service
9corps program established pursuant to section 15H.9 shall be
10obtained from private sector, and local, state, and federal
11government sources, or from other available funds credited
12to the community programs account, which shall be created
13within the economic development authority department under the
14authority of the commission. Moneys available in the account
15for a fiscal year are appropriated to the commission to be
16used for the programs. The commission may establish an escrow
17account within the authority department and obligate moneys
18within that escrow account for tuition or program payments to
19be made beyond the term of any fiscal year. Notwithstanding
20section 12C.7, subsection 2, interest earned on moneys in the
21community programs account shall be credited to the account.
22Notwithstanding section 8.33, moneys in the community programs
23account or escrow account shall not revert to the general fund
24but shall remain available for expenditure in future fiscal
25years.
26 Sec. 24. Section 15H.8, Code 2023, is amended to read as
27follows:
2815H.8 RefugeeRISE AmeriCorps program.
291. a. The commission, in collaboration with the department
30of human services, shall establish a Refugee Rebuild,
31Integrate, Serve, Empower (RefugeeRISE) AmeriCorps program
32to increase community integration and engagement for diverse
33refugee communities in rural and urban areas across the state.
34b. The commission, in collaboration with the department
35of human services, may adopt rules pursuant to chapter 17A to
-12-1implement and administer this section.
22. The commission may use moneys in and lawfully available
3to the community programs account created in section 15H.5 to
4fund the program.
53. The commission shall submit an annual report to the
6general assembly and the department of human services relating
7to the efficacy of the program.
8 Sec. 25. Section 15H.10, subsection 6, Code 2023, is amended
9to read as follows:
106. Notwithstanding section 8.33, moneys appropriated to
11the economic development authority department for allocation
12to the commission for purposes of this section that remain
13unencumbered or unobligated at the close of a fiscal year
14shall not revert but shall remain available to be used for the
15purposes designated in this section until the close of the
16succeeding fiscal year.
17 Sec. 26. Section 16.2D, subsection 1, Code 2023, is amended
18to read as follows:
191. A council on homelessness is created consisting of twenty
20members, eleven of whom are voting members and nine of whom are
21nonvoting members. At all times, at least one voting member
22shall be a member of a minority group.
23 Sec. 27. Section 16.2D, subsection 2, paragraph b, Code
242023, is amended to read as follows:
25b. Nine nonvoting Nonvoting agency director members
26consisting of all of the following:
27(1) The director of the department of education or the
28director’s designee.
29(2) The director of health and human services or the
30director’s designee.
31(3) The attorney general or the attorney general’s
32designee.
33(4) The director of public health or the director’s
34designee.
35(5) The director of the department on aging or the
-13-1director’s designee.
2(6) (4) The director of the department of corrections or
3the director’s designee.
4(7) (5) The director of the department of workforce
5development or the director’s designee.
6(8) (6) The executive director of the Iowa finance
7authority or the executive director’s designee.
8(9) (7) The director of the department of veterans affairs
9or the director’s designee.
10 Sec. 28. Section 16.3, subsection 9, Code 2023, is amended
11to read as follows:
129. The interest costs paid by group homes of fifteen beds or
13less licensed as health care facilities or child foster care
14facilities for facility acquisition and indirectly reimbursed
15by the department of health and human services through payments
16for patients at those facilities who are recipients of medical
17assistance or state supplementary assistance are severe drains
18on the state’s budget. A reduction in these costs obtained
19through financing with tax-exempt revenue bonds would clearly
20be in the public interest.
21 Sec. 29. Section 16.47, subsection 3, Code 2023, is amended
22to read as follows:
233. The authority, in cooperation with the department on
24aging of health and human services, shall annually allocate
25moneys available in the home and community-based services
26revolving loan program fund to develop and expand facilities
27and infrastructure that provide adult day services, respite
28services, congregate meals, and programming space for health
29and wellness, health screening, and nutritional assessments
30that address the needs of persons with low incomes.
31 Sec. 30. Section 16.48, subsections 1 and 3, Code 2023, are
32amended to read as follows:
331. A transitional housing revolving loan program fund is
34created within the authority to further the availability of
35affordable housing for parents that are reuniting with their
-14-1children while completing or participating in substance abuse
2 use disorder treatment. The moneys in the fund are annually
3appropriated to the authority to be used for the development
4and operation of a revolving loan program to provide financing
5to construct affordable transitional housing, including through
6new construction or acquisition and rehabilitation of existing
7housing. The housing provided shall be geographically located
8in close proximity to licensed substance abuse use disorder
9 treatment programs. Preference in funding shall be given to
10projects that reunite mothers with the mothers’ children.
113. The authority shall annually allocate moneys available
12in the transitional housing revolving loan program fund for the
13development of affordable transitional housing for parents that
14are reuniting with the parents’ children while completing or
15participating in substance abuse use disorder treatment. The
16authority shall develop a joint application process for the
17allocation of federal low-income housing tax credits and the
18funds available under this section. Moneys allocated to such
19projects may be in the form of loans, grants, or a combination
20of loans and grants.
21 Sec. 31. Section 16.49, subsection 4, Code 2023, is amended
22to read as follows:
234. a. A project shall demonstrate written approval of the
24project by the department of health and human services to the
25authority prior to application for funding under this section.
26b. In order to be approved by the department of health and
27 human services for application for funding for development of
28permanent supportive housing under this section, a project
29shall include all of the following components:
30(1) Provision of services to any of the following Medicaid
31waiver-eligible individuals:
32(a) Individuals who are currently underserved in community
33placements, including individuals who are physically aggressive
34or have behaviors that are difficult to manage or individuals
35who meet the psychiatric medical institution for children level
-15-1of care.
2(b) Individuals who are currently residing in out-of-state
3facilities.
4(c) Individuals who are currently receiving care in a
5licensed health care facility.
6(2) A plan to provide each individual with crisis
7stabilization services to ensure that the individual’s
8behavioral issues are appropriately addressed by the provider.
9(3) Policies and procedures that prohibit discharge of the
10individual from the waiver services provided by the project
11provider unless an alternative placement that is acceptable to
12the client or the client’s guardian is identified.
13c. In order to be approved by the department of health and
14 human services for application for funding for development of
15infrastructure in which to provide supportive services under
16this section, a project shall include all of the following
17components:
18(1) Provision of services to Medicaid waiver-eligible
19individuals who meet the psychiatric medical institution for
20children level of care.
21(2) Policies and procedures that prohibit discharge of the
22individual from the waiver services provided by the project
23provider unless an alternative placement that is acceptable to
24the client or the client’s guardian is identified.
25d. Housing provided through a project under this section is
26exempt from the requirements of chapter 135O.
27 Sec. 32. Section 22.7, subsections 2, 16, 35, 61, and 62,
28Code 2023, are amended to read as follows:
292. Hospital records, medical records, and professional
30counselor records of the condition, diagnosis, care, or
31treatment of a patient or former patient or a counselee or
32former counselee, including outpatient. However, confidential
33communications between a crime victim and the victim’s
34counselor are not subject to disclosure except as provided in
35section 915.20A. However, the Iowa department of public health
-16- 1and human services shall adopt rules which provide for the
2sharing of information among agencies and providers concerning
3the maternal and child health program including but not limited
4to the statewide child immunization information system, while
5maintaining an individual’s confidentiality.
616. Information in a report to the Iowa department of public
7 health and human services, to a local board of health, or to
8a local health department, which identifies a person infected
9with a reportable disease.
1035. Records of the Iowa department of public health and
11human services pertaining to participants in the gambling
12treatment program except as otherwise provided in this chapter.
1361. Records of the department on aging of health and human
14services pertaining to clients served by the state office or a
15local office of public guardian as defined in section 231E.3.
1662. Records maintained by the department on aging of health
17and human services or office of long-term care ombudsman that
18disclose the identity of a complainant, resident, tenant, or
19individual receiving services provided by the department on
20aging of health and human services, an area agency on aging,
21or the office of long-term care ombudsman, unless disclosure
22is otherwise allowed under section 231.42, subsection 12,
23paragraph “a”.
24 Sec. 33. Section 23A.2, subsection 10, paragraph l,
25unnumbered paragraph 1, Code 2023, is amended to read as
26follows:
27The offering of goods and services to the public as part
28of a client training program operated by a state resource
29center under the control of the department of health and human
30services provided that all of the following conditions are met:
31 Sec. 34. Section 23A.2, subsection 10, paragraph l,
32subparagraph (1), Code 2023, is amended to read as follows:
33(1) Any off-campus vocational or employment training
34program developed or operated by the department of health and
35 human services for clients of a state resource center is a
-17-1supported vocational training program or a supported employment
2program offered by a community-based provider of services or
3other employer in the community.
4 Sec. 35. Section 28M.1, subsection 7, Code 2023, is amended
5to read as follows:
67. “Transportation” means the movement of individuals in
7a four or more wheeled motorized vehicle designed to carry
8passengers, including a car, van, or bus, or the carrying
9of individuals upon cars operated upon stationary rails,
10between one geographic point and another geographic point.
11“Transportation” does not include emergency or incidental
12transportation or transportation conducted by the department of
13health and human services at its institutions.
14 Sec. 36. Section 35A.5, subsection 5, paragraph a, Code
152023, is amended to read as follows:
16a. Coordinate with United States department of veterans
17affairs hospitals, health care facilities, and clinics in this
18state and the department of public health and human services
19 to provide assistance to veterans and their families to reduce
20the incidence of alcohol and chemical dependency and suicide
21among veterans and to make mental health counseling available
22to veterans.
23 Sec. 37. Section 35D.14A, Code 2023, is amended to read as
24follows:
2535D.14A Volunteer record checks.
261. Persons who are potential volunteers or volunteers in
27the Iowa veterans home in a position having direct individual
28contact with patients or residents of the home shall be subject
29to criminal history and child and dependent adult abuse record
30checks in accordance with this section. The Iowa veterans home
31shall request that the department of public safety perform the
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 and may request these checks in other states.
-18- 12. a. If it is determined that a person has been convicted
2of a crime under a law of any state or has a record of
3founded child or dependent adult abuse, the person shall not
4participate as a volunteer with direct individual contact
5with patients or residents of the Iowa veterans home unless
6an evaluation has been performed by the department of human
7services record check evaluation system to determine whether
8the crime or founded child or dependent adult abuse warrants
9prohibition of the person’s participation as a volunteer in the
10Iowa veterans home. The department of human services record
11check evaluation system shall perform such evaluation upon the
12request of the Iowa veterans home.
13b. In an evaluation, the department of human services
14 record check evaluation system shall consider the nature and
15seriousness of the crime or founded child or dependent adult
16abuse in relation to the position sought or held, the time
17elapsed since the commission of the crime or founded child or
18dependent adult abuse, the circumstances under which the crime
19or founded child or dependent adult abuse was committed, the
20degree of rehabilitation, the likelihood that the person will
21commit the crime or founded child or dependent adult abuse
22again, and the number of crimes or founded child or dependent
23adult abuses committed by the person involved.
24c. If the department of human services record check
25evaluation system performs an evaluation for the purposes of
26this section, the department of human services record check
27evaluation system has final authority in determining whether
28prohibition of the person’s participation as a volunteer is
29warranted. The department of human services record check
30evaluation system may permit a person who is evaluated to
31participate as a volunteer if the person complies with the
32department’s record check evaluation system’s conditions
33relating to participation as a volunteer which may include
34completion of additional training.
35 Sec. 38. Section 47.7, subsection 2, paragraph a, Code 2023,
-19-1is amended to read as follows:
2a. On or before January 1, 2006, the state registrar of
3voters shall implement in a uniform and nondiscriminatory
4manner, a single, uniform, official, centralized, interactive
5computerized statewide voter registration file defined,
6maintained, and administered at the state level that contains
7the name and registration information of every legally
8registered voter in the state and assigns a unique identifier
9to each legally registered voter in the state. The state voter
10registration system shall be coordinated with other agency
11databases within the state, including, but not limited to,
12state department of transportation driver’s license records,
13judicial records of convicted felons and persons declared
14incompetent to vote, and Iowa department of public health and
15human services records of deceased persons.
16 Sec. 39. Section 48A.19, subsection 1, Code 2023, is amended
17to read as follows:
181. The following state agencies are responsible for voter
19registration:
20a. All state offices that have direct client contact and
21provide applications for public assistance, including but not
22limited to offices administering the following programs:
23(1) Food stamps The supplemental nutrition assistance
24program.
25(2) Medical The medical assistance program under chapter
26249A.
27(3) Iowa The Iowa family investment program.
28(4) Special The special supplemental nutrition program for
29women, infants, and children.
30b. (1) All offices that provide state-funded programs
31primarily engaged in providing services to persons with
32disabilities, including but not limited to all of the
33following:
34(a) Department for the blind.
35(b) Division of vocational rehabilitation services of the
-20-1department of education workforce development.
2(c) Office of deaf services of the department of health and
3 human rights services or its successor agency.
4(d) Office of persons with disabilities of the department of
5health and human rights services or its successor agency.
6(2) An agency designated a voter registration agency
7under this paragraph which provides services to persons with
8disabilities in their homes shall provide voter registration
9services at the clients’ homes.
10c. Other federal and state agencies designated to provide
11voter registration services include, but are not limited to,
12the United States armed forces recruiting offices.
13 Sec. 40. Section 48A.31, Code 2023, is amended to read as
14follows:
1548A.31 Deceased persons record.
16The state registrar of vital statistics shall transmit
17or cause to be transmitted to the state registrar of voters,
18once each calendar quarter, a certified list of all persons
19seventeen years of age and older in the state whose deaths have
20been reported to the bureau state registrar of vital records
21of the Iowa department of public health statistics since the
22previous list of decedents was certified to the state registrar
23of voters. The list shall be submitted according to the
24specifications of the state registrar of voters and shall be
25transmitted to the state registrar of voters without charge
26for production or transmission. The commissioner shall, in
27the month following the end of a calendar quarter, run the
28statewide voter registration system’s matching program to
29determine whether a listed decedent was registered to vote in
30the county and shall immediately cancel the registration of any
31person named on the list of decedents.
32 Sec. 41. Section 68B.2, subsection 23, Code 2023, is amended
33to read as follows:
3423. “Regulatory agency” means the department of agriculture
35and land stewardship, department of workforce development,
-21-1department of commerce, Iowa department of public health,
2 department of public safety, department of education, state
3board of regents, department of health and human services,
4department of revenue, department of inspections and appeals,
5department of administrative services, public employment
6relations board, state department of transportation, civil
7rights commission, department of public defense, department of
8homeland security and emergency management, Iowa ethics and
9campaign disclosure board, and department of natural resources.
10 Sec. 42. Section 80.9B, subsections 3 and 7, Code 2023, are
11amended to read as follows:
123. The provisions of chapter 141A also do not apply to
13the transmission of the same information from either or
14both information systems to employees of state correctional
15institutions subject to the jurisdiction of the department
16of corrections, employees of secure facilities for juveniles
17subject to the jurisdiction of the department of health and
18 human services, and employees of city and county jails, if
19those employees have direct physical supervision over inmates
20of those facilities or institutions.
217. The commissioner shall develop and establish, in
22cooperation with the department of corrections and the
23department of public health and human services, training
24programs and program criteria for persons receiving human
25immunodeficiency virus-related information through the Iowa
26criminal justice information system or the national crime
27information center system.
28 Sec. 43. Section 80.28, subsection 2, paragraph a,
29subparagraph (6), Code 2023, is amended to read as follows:
30(6) One member representing the Iowa department of public
31 health and human services.
32 Sec. 44. Section 80B.11C, Code 2023, is amended to read as
33follows:
3480B.11C Public safety telecommunicator training standards.
35The director of the academy, subject to the approval of
-22-1the council, in consultation with the Iowa state sheriffs’
2and deputies’ association, the Iowa police executive forum,
3the Iowa peace officers association, the Iowa state police
4association, the Iowa professional fire fighters, the Iowa
5emergency medical services association, the joint council of
6Iowa fire service organizations, the Iowa department of public
7safety, the Iowa chapter of the association of public-safety
8communications officials—international, inc., the Iowa chapter
9of the national emergency number association, the department
10of homeland security and emergency management, and the Iowa
11 department of public health and human services, shall adopt
12rules pursuant to chapter 17A establishing minimum standards
13for training of public safety telecommunicators. “Public
14safety telecommunicator” means a person who serves as a first
15responder by receiving requests for, or by dispatching requests
16to, emergency response agencies which include but are not
17limited to law enforcement, fire, rescue, and emergency medical
18services agencies.
19 Sec. 45. Section 80E.2, Code 2023, is amended to read as
20follows:
2180E.2 Drug policy advisory council — membership — duties.
221. An Iowa drug policy advisory council is established which
23shall consist of the following seventeen members:
24a. The drug policy coordinator director, who shall serve as
25chairperson of the council.
26b. The director of the department of corrections, or the
27director’s designee.
28c. The director of the department of education, or the
29director’s designee.
30d. The director of the department of public health and human
31services, or the director’s designee.
32e. The commissioner of public safety, or the commissioner’s
33designee.
34f. The director of the department of human services, or the
35director’s designee.
-23- 1g. The director of the division of criminal and juvenile
2justice planning in the department of human rights, or the
3division director’s designee.
4h. f. The state public defender, or the state public
5defender’s designee.
6i. g. A prosecuting attorney.
7j. h. A certified alcohol and drug counselor.
8k. i. A certified substance abuse use disorder prevention
9specialist.
10l. j. A substance use disorder treatment program director.
11m. k. A justice of the Iowa supreme court, or judge, as
12designated by the chief justice of the supreme court.
13n. l. A member representing the Iowa peace officers
14association.
15o. m. A member representing the Iowa state police
16association.
17p. n. A member representing the Iowa state sheriffs’ and
18deputies’ association.
19q. o. A police chief.
202. The prosecuting attorney, certified alcohol and drug
21counselor, certified substance abuse use disorder prevention
22specialist, substance use disorder treatment program director,
23member representing the Iowa peace officers association,
24member representing the Iowa state police association, the
25member representing the Iowa state sheriffs’ and deputies’
26association, and the member who is a police chief shall be
27appointed by the governor, subject to senate confirmation, for
28four-year terms beginning and ending as provided in section
2969.19. A vacancy on the council shall be filled for the
30unexpired term in the same manner as the original appointment
31was made.
323. The council shall make policy recommendations to
33the appropriate departments concerning the administration,
34development, and coordination of programs related to substance
35abuse use disorder education, prevention, treatment, and
-24-1enforcement.
24. The members of the council shall be reimbursed for actual
3and necessary travel and related expenses incurred in the
4discharge of official duties. Each member of the council may
5also be eligible to receive compensation as provided in section
67E.6.
75. The council shall meet at least semiannually throughout
8the year.
96. A majority of the members of the council constitutes a
10quorum, and a majority of the total membership of the council
11is necessary to act in any matter within the jurisdiction of
12the council.
13 Sec. 46. Section 84A.1A, subsection 1, paragraph b, Code
142023, is amended to read as follows:
15b. The nonvoting members of the Iowa workforce development
16board shall include the following:
17(1) One state senator appointed by the minority leader of
18the senate, who shall serve for a term as provided in section
1969.16B.
20(2) One state representative appointed by the minority
21leader of the house of representatives, who shall serve for a
22term as provided in section 69.16B.
23(3) One president, or the president’s designee, of the
24university of northern Iowa, the university of Iowa, or Iowa
25state university of science and technology, designated by the
26state board of regents on a rotating basis.
27(4) One president, or the president’s designee, of an
28independent Iowa college, appointed by the Iowa association of
29independent colleges and universities.
30(5) One president or president’s designee, of a community
31college, appointed by the Iowa association of community college
32presidents.
33(6) One representative of the economic development
34authority, appointed by the director.
35(7) One representative of the department on aging,
-25-1appointed by the director.
2(8) (7) One representative of the department of
3corrections, appointed by the director.
4(9) (8) One representative of the department of health and
5 human services, appointed by the director.
6(10) (9) One representative of the United States department
7of labor, office of apprenticeship.
8(11) (10) One representative from the largest statewide
9public employees’ organization representing state employees.
10(12) (11) One representative of a statewide labor
11organization representing employees in the construction
12industry.
13(13) (12) One representative of a statewide labor
14organization representing employees in the manufacturing
15industry.
16 Sec. 47. Section 84A.6, subsections 2 and 3, Code 2023, are
17amended to read as follows:
182. a. The director of the department of workforce
19development, in cooperation with the department of health
20and human services, shall provide job placement and training
21to persons referred by the department of health and human
22services under the promoting independence and self-sufficiency
23through employment job opportunities and basic skills program
24established pursuant to chapter 239B and the food stamp
25 supplemental nutrition assistance program employment and
26training program.
27b. The department of workforce development, in consultation
28with the department of health and human services, shall develop
29and implement departmental recruitment and employment practices
30that address the needs of former and current participants in
31the family investment program under chapter 239B.
323. The director of the department of workforce development,
33in cooperation with the department of health and human rights
34 services and the vocational rehabilitation services division
35of the department of education workforce development, shall
-26-1establish a program to provide job placement and training to
2persons with disabilities.
3 Sec. 48. Section 84A.9, Code 2023, is amended to read as
4follows:
584A.9 Statewide mentoring program.
6A statewide mentoring program is established to recruit,
7screen, train, and match individuals in a mentoring
8relationship. The department of workforce development shall
9administer the program in collaboration with the departments
10of health and human services, and education, and human rights.
11The availability of the program is subject to the funding
12appropriated for the purposes of the program.
13 Sec. 49. Section 84A.11, subsection 2, Code 2023, is amended
14to read as follows:
152. The department of workforce development shall consult
16with the board of nursing, the department of public health
17and human services, the department of education, and other
18appropriate entities in developing recommendations to determine
19options for additional data collection.
20 Sec. 50. Section 84B.1, Code 2023, is amended to read as
21follows:
2284B.1 Workforce development system.
23The departments of workforce development, education,
24health and human services, and corrections, the economic
25development authority, the department on aging, the division
26of Iowa vocational rehabilitation services of the department
27of education workforce development, and the department for
28the blind shall collaborate where possible under applicable
29state and federal law to align workforce development programs,
30services, and activities in an integrated workforce development
31system in the state and in each local workforce development
32area that is data driven and responsive to the needs of
33workers, job seekers, and employers. The departments,
34authority, and division shall also jointly establish an
35integrated management information system for linking workforce
-27-1development programs within local workforce development systems
2and in the state.
3 Sec. 51. Section 84B.2, unnumbered paragraph 1, Code 2023,
4is amended to read as follows:
5The department of workforce development, in consultation
6with the departments of education, health and human services,
7and corrections, the economic development authority,
8the department on aging, the division of Iowa vocational
9rehabilitation services of the department of education
10 workforce development, and the department for the blind
11shall establish guidelines for colocating state and federal
12employment and training programs in centers providing services
13at the local level. The centers shall be known as workforce
14development centers. The guidelines shall provide for local
15design and operation within the guidelines. The core services
16available at a center shall include but are not limited to all
17of the following:
18 Sec. 52. Section 85.38, subsection 4, Code 2023, is amended
19to read as follows:
204. Lien for hospital and medical services under chapter
21249A. In the event any hospital or medical services as provided
22in section 85.27 are paid by the state department of health and
23 human services on behalf of an employee who is entitled to such
24benefits under the provisions of this chapter or chapter 85A or
2585B, a lien shall exist as respects the right of such employee
26to benefits as described in section 85.27.
27 Sec. 53. Section 85.60, Code 2023, is amended to read as
28follows:
2985.60 Injuries while in work-based learning opportunity,
30employment training, or evaluation.
31A person participating in a work-based learning opportunity
32referred to in section 85.61, or receiving earnings while
33engaged in employment training or while undergoing an
34employment evaluation under the direction of a rehabilitation
35facility approved for purchase-of-service contracts or for
-28-1referrals by the department of health and human services or the
2department of education, who sustains an injury arising out
3of and in the course of the work-based learning opportunity
4participation, employment training, or employment evaluation
5is entitled to benefits as provided in this chapter, chapter
685A, chapter 85B, and chapter 86. Notwithstanding the minimum
7benefit provisions of this chapter, a person referred to in
8this section and entitled to benefits under this chapter is
9entitled to receive a minimum weekly benefit amount for a
10permanent partial disability under section 85.34, subsection
112, or for a permanent total disability under section 85.34,
12subsection 3, equal to the weekly benefit amount of a person
13whose gross weekly earnings are thirty-five percent of the
14statewide average weekly wage computed pursuant to section 96.3
15and in effect at the time of the injury.
16 Sec. 54. Section 85.61, subsection 3, paragraph b, Code
172023, is amended to read as follows:
18b. A rehabilitation facility approved for
19purchase-of-service contracts or for referrals by the
20department of health and human services or the department of
21education.
22 Sec. 55. Section 85A.11, subsection 2, Code 2023, is amended
23to read as follows:
242. The specimens for the tests required by this section
25must be taken by a licensed practicing physician or osteopathic
26physician, and immediately delivered to the state hygienic
27laboratory of the Iowa department of public health at Iowa
28City. Each specimen shall be in a container upon which is
29plainly printed the name and address of the subject, the date
30when the specimen was taken, the name and address of the
31subject’s employer, and a certificate by the physician or
32osteopathic physician that the physician took the specimen
33from the named subject on the date stated over the physician’s
34signature and address.
35 Sec. 56. Section 85A.20, Code 2023, is amended to read as
-29-1follows:
285A.20 Investigation.
3The workers’ compensation commissioner may designate
4the industrial hygiene physician medical director of the
5Iowa department of public health and human services and two
6physicians selected by the dean of the university of Iowa
7college of medicine, from the staff of the college, who shall
8be qualified to diagnose and report on occupational diseases.
9For the purpose of investigating occupational diseases, the
10physicians shall have the use, without charge, of all necessary
11laboratory and other facilities of the university of Iowa
12college of medicine and of the university hospital at the state
13university of Iowa, and of the Iowa department of public health
14and human services in performing the physicians’ duties.
15 Sec. 57. Section 89.4, subsection 1, paragraph h, Code 2023,
16is amended to read as follows:
17h. Hot water heating boilers used for heating pools or spas
18regulated by the department of public health inspections,
19appeals, and licensing pursuant to chapter 135I.
20 Sec. 58. Section 89B.17, subsection 1, unnumbered paragraph
211, Code 2023, is amended to read as follows:
22The director of public health and human services, the labor
23commissioner, and the director of the department of natural
24resources or the director’s designee under written signatures
25of all these parties may recommend any of the following
26actions:
27 Sec. 59. Section 92.17, subsection 3, Code 2023, is amended
28to read as follows:
293. A child from working in any occupation or business
30operated by the child’s parents. For the purposes of this
31subsection, “child” and “parents” include a foster child and the
32child’s foster parents who are licensed by the department of
33health and human services.
34 Sec. 60. Section 96.3, subsections 9 and 11, Code 2023, are
35amended to read as follows:
-30- 19. Child support intercept.
2a. An individual filing a claim for benefits under section
396.6, subsection 1, shall, at the time of filing, disclose
4whether the individual owes a child support obligation which
5is being enforced by the child support recovery unit services
6 established in section 252B.2. If an individual discloses that
7such a child support obligation is owed and the individual is
8determined to be eligible for benefits under this chapter,
9the department shall notify the child support recovery unit
10 services of the individual’s disclosure and deduct and withhold
11from benefits payable to the individual the amount specified
12by the individual.
13b. However, if the child support recovery unit services
14 and an individual owing a child support obligation reach an
15agreement to have specified amounts deducted and withheld from
16the individual’s benefits and the child support recovery unit
17 services submits a copy of the agreement to the department, the
18department shall deduct and withhold the specified amounts.
19c. (1) However, if the department is notified of income
20withholding by the child support recovery unit services under
21chapter 252D or section 598.22 or 598.23 or if income is
22garnisheed by the child support recovery unit services under
23chapter 642 and an individual’s benefits are condemned to the
24satisfaction of the child support obligation being enforced by
25the child support recovery unit services, the department shall
26deduct and withhold from the individual’s benefits that amount
27required through legal process.
28(2) Notwithstanding section 642.2, subsections 2, 3,
296, and 7, which restrict garnishments under chapter 642 to
30wages of public employees, the department may be garnisheed
31under chapter 642 by the child support recovery unit services
32 established in section 252B.2, pursuant to a judgment for child
33support against an individual eligible for benefits under this
34chapter.
35(3) Notwithstanding section 96.15, benefits under this
-31-1chapter are not exempt from income withholding, garnishment,
2attachment, or execution if withheld for or garnisheed by the
3 child support recovery unit services, established in section
4252B.2, or if an income withholding order or notice of the
5income withholding order under section 598.22 or 598.23 is
6being enforced by the child support recovery unit services to
7satisfy the child support obligation of an individual who is
8eligible for benefits under this chapter.
9d. An amount deducted and withheld under paragraph “a”, “b”,
10or “c” shall be paid by the department to the child support
11recovery unit services, and shall be treated as if it were paid
12to the individual as benefits under this chapter and as if it
13were paid by the individual to the child support recovery unit
14 services in satisfaction of the individual’s child support
15obligations.
16e. If an agreement for reimbursement has been made, the
17department shall be reimbursed by the child support recovery
18unit services for the administrative costs incurred by the
19department under this section which are attributable to the
20enforcement of child support obligations by the child support
21recovery unit services.
2211. Overissuance of food stamp supplemental nutrition
23assistance program benefits. The department shall collect any
24overissuance of food stamp supplemental nutrition assistance
25program benefits by offsetting the amount of the overissuance
26from the benefits payable under this chapter to the individual.
27This subsection shall only apply if the department is
28reimbursed under an agreement with the department of health and
29 human services for administrative costs incurred in recouping
30the overissuance. The provisions of section 96.15 do not apply
31to this subsection.
32 Sec. 61. Section 97B.49B, subsection 1, paragraph e,
33subparagraph (16), Code 2023, is amended to read as follows:
34(16) A person employed by the department of health and
35 human services as a psychiatric security specialist at a civil
-32-1commitment unit for sexually violent offenders facility.
2 Sec. 62. Section 99D.7, subsections 22 and 23, Code 2023,
3are amended to read as follows:
422. To cooperate with the gambling treatment program
5administered by the Iowa department of public health and human
6services to incorporate information regarding the gambling
7treatment program and its toll-free telephone number in printed
8materials distributed by the commission. The commission may
9require licensees to have the information available in a
10conspicuous place as a condition of licensure.
1123. To establish a process to allow a person to be
12voluntarily excluded from advance deposit wagering as defined
13in section 99D.11, from an internet fantasy sports contest as
14defined in section 99E.1, from advance deposit sports wagering
15as defined in section 99F.9, and from the wagering area of
16a racetrack enclosure, from the gaming floor, and from the
17sports wagering area, as defined in section 99F.1, of all
18other licensed facilities under this chapter and chapter 99F
19as provided in this subsection. The process shall provide
20that an initial request by a person to be voluntarily excluded
21shall be for a period of five years or life and any subsequent
22request following any five-year period shall be for a period of
23five years or life. The process established shall require that
24licensees be provided electronic access to names and social
25security numbers of persons voluntarily excluded through a
26secured interactive internet site maintained by the commission
27and information regarding persons voluntarily excluded shall
28be disseminated to all licensees under this chapter, chapter
2999E, and chapter 99F. The names, social security numbers, and
30information regarding persons voluntarily excluded shall be
31kept confidential unless otherwise ordered by a court or by
32another person duly authorized to release such information.
33The process established shall also require a person requesting
34to be voluntarily excluded be provided information compiled
35by the Iowa department of public health and human services
-33-1 on gambling treatment options. The state and any licensee
2under this chapter, chapter 99E, or chapter 99F shall not be
3liable to any person for any claim which may arise from this
4process. In addition to any other penalty provided by law, any
5money or thing of value that has been obtained by, or is owed
6to, a voluntarily excluded person as a result of wagers made
7by the person after the person has been voluntarily excluded
8shall be forfeited by the person and shall be credited to the
9general fund of the state. The commission shall not initiate
10any administrative action or impose penalties on a licensee who
11voluntarily reports to the commission activity described in
12section 99D.24, subsection 4, paragraph “c”.
13 Sec. 63. Section 99D.9, subsection 6, paragraph b, Code
142023, is amended to read as follows:
15b. A licensee shall not permit a financial institution,
16vendor, or other person to dispense cash or credit through an
17electronic or mechanical device including but not limited to a
18satellite terminal as defined in section 527.2, that is located
19in the wagering area. However, this paragraph shall not apply
20to cashless wagering systems where a person accesses a cash
21account through a mobile application used by the licensee
22to conduct cashless wagering. The mobile application shall
23include the statewide telephone number authorized by the Iowa
24 department of public health and human services to provide
25problem gambling information and extensive responsible gaming
26features in addition to those described in section 99D.7,
27subsection 23.
28 Sec. 64. Section 99E.5, subsection 2, paragraph d, Code
292023, is amended to read as follows:
30d. Include on the internet site or mobile application used
31by the licensee to conduct internet fantasy sports contests the
32statewide telephone number authorized by the Iowa department of
33public health and human services to provide problem gambling
34information and extensive responsible gaming features in
35addition to those described in section 99F.4, subsection 22.
-34-1 Sec. 65. Section 99F.4, subsection 22, Code 2023, is amended
2to read as follows:
322. To establish a process to allow a person to be
4voluntarily excluded from advance deposit wagering as defined
5in section 99D.11, from an internet fantasy sports contest
6as defined in section 99E.1, from advance deposit sports
7wagering as defined in section 99F.9, from the gaming floor
8and sports wagering area of an excursion gambling boat, from
9the wagering area, as defined in section 99D.2, and from the
10gaming floor and sports wagering area of all other licensed
11facilities under this chapter and chapter 99D as provided in
12this subsection. The process shall provide that an initial
13request by a person to be voluntarily excluded shall be for
14a period of five years or life and any subsequent request
15following any five-year period shall be for a period of five
16years or life. The process established shall require that
17licensees be provided electronic access to names and social
18security numbers of persons voluntarily excluded through a
19secured interactive internet site maintained by the commission
20and information regarding persons voluntarily excluded shall
21be disseminated to all licensees under this chapter, chapter
2299D, and chapter 99E. The names, social security numbers, and
23information regarding persons voluntarily excluded shall be
24kept confidential unless otherwise ordered by a court or by
25another person duly authorized to release such information.
26The process established shall also require a person requesting
27to be voluntarily excluded be provided information compiled
28by the Iowa department of public health and human services
29 on gambling treatment options. The state and any licensee
30under this chapter, chapter 99D, or chapter 99E shall not be
31liable to any person for any claim which may arise from this
32process. In addition to any other penalty provided by law, any
33money or thing of value that has been obtained by, or is owed
34to, a voluntarily excluded person as a result of wagers made
35by the person after the person has been voluntarily excluded
-35-1shall be forfeited by the person and shall be credited to the
2general fund of the state. The commission shall not initiate
3any administrative action or impose penalties on a licensee who
4voluntarily reports to the commission activity described in
5section 99F.15, subsection 4, paragraph “n”.
6 Sec. 66. Section 99F.7, subsection 10, paragraph b, Code
72023, is amended to read as follows:
8b. A licensee shall not permit a financial institution,
9vendor, or other person to dispense cash or credit through an
10electronic or mechanical device including but not limited to
11a satellite terminal, as defined in section 527.2, that is
12located on the gaming floor. However, this paragraph shall not
13apply to cashless wagering systems where a person accesses a
14cash account through a mobile application used by the licensee
15to conduct cashless wagering. The mobile application shall
16include the statewide telephone number authorized by the Iowa
17 department of public health and human services to provide
18problem gambling information and extensive responsible gaming
19features in addition to those described in section 99F.4,
20subsection 22.
21 Sec. 67. Section 99F.7A, subsection 2, paragraph a, Code
222023, is amended to read as follows:
23a. Include on the internet site or mobile application used
24by the licensee to conduct advance deposit sports wagering as
25authorized in section 99F.9 the statewide telephone number
26authorized by the Iowa department of public health and human
27services to provide problem gambling information and extensive
28responsible gaming features in addition to those described in
29section 99F.4, subsection 22.
30 Sec. 68. Section 100C.1, subsection 1, Code 2023, is amended
31to read as follows:
321. “Alarm system” means a system or portion of a combination
33system that consists of components and circuits arranged to
34monitor and annunciate the status of a fire alarm, security
35alarm, or nurse call or supervisory signal-initiating devices
-36-1and to initiate the appropriate response to those signals,
2but does not mean any such security system or portion of a
3combination system installed in a prison, jail, or detention
4facility owned by the state, a political subdivision of the
5state, the department of health and human services, or the Iowa
6veterans home.
7 Sec. 69. Section 101C.3, subsection 1, Code 2023, is amended
8to read as follows:
91. The Iowa propane education and research council is
10established. The council shall consist of ten voting members,
11nine of whom represent retail propane marketers and one of whom
12shall be the administrator of the division of a representative
13of the department of health and human services responsible
14for community action agencies of the department of human
15rights. Members of the council other than the administrator
16 representing retail propane marketers shall be appointed by the
17fire marshal from a list of nominees submitted by qualified
18propane industry organizations by December 15 of each year. A
19vacancy in the unfinished term of a council member shall be
20filled for the remainder of the term in the same manner as the
21original appointment was made. Other than the administrator,
22council Council members representing retail propane marketers
23 shall be full-time employees or owners of a propane industry
24business or representatives of an agricultural cooperative
25actively engaged in the propane industry. An employee of a
26qualified propane industry organization shall not serve as a
27member of the council. An officer of the board of directors of
28a qualified propane industry organization or propane industry
29trade association shall not serve concurrently as a member of
30the council. The fire marshal or a designee may serve as an ex
31officio, nonvoting member of the council.
32 Sec. 70. Section 123.47, subsection 4, paragraph a,
33subparagraph (2), Code 2023, is amended to read as follows:
34(2) A second offense shall be a simple misdemeanor
35punishable by a fine of five hundred dollars. In addition to
-37-1any other applicable penalty, the person in violation of this
2section shall choose between either completing a substance
3abuse use disorder evaluation or the suspension of the person’s
4motor vehicle operating privileges for a period not to exceed
5one year.
6 Sec. 71. Section 124.409, subsection 1, Code 2023, is
7amended to read as follows:
81. Whenever the court finds that a person who is charged
9with a violation of section 124.401 and who consents thereto,
10or who has entered a plea of guilty to or been found guilty of
11a violation of that section, is addicted to, dependent upon,
12or a chronic abuser user of any controlled substance and that
13such person will be aided by proper medical treatment and
14rehabilitative services, the court may order that the person
15be committed as an in-patient or out-patient to a facility
16licensed by the Iowa department of public health and human
17services for medical treatment and rehabilitative services.
18 Sec. 72. Section 124.504, subsection 3, Code 2023, is
19amended to read as follows:
203. A practitioner engaged in medical practice or research
21or the Iowa drug abuse substance use disorder authority or
22any program which is licensed by the authority shall not be
23required to furnish the name or identity of a patient or
24research subject to the board or the department, nor shall the
25practitioner or the authority or any program which is licensed
26by the authority be compelled in any state or local civil,
27criminal, administrative, legislative or other proceedings
28to furnish the name or identity of an individual that the
29practitioner or the authority or any of its licensed programs
30is obligated to keep confidential.
31 Sec. 73. Section 124.551, subsection 2, paragraph a,
32unnumbered paragraph 1, Code 2023, is amended to read as
33follows:
34The program shall collect from pharmacies dispensing
35information for controlled substances identified pursuant
-38-1to section 124.554, subsection 1, paragraph “g”, and from
2first responders as defined in section 147A.1, subsection
37, with the exception of emergency medical care providers
4as defined in section 147A.1, subsection 4, administration
5information for opioid antagonists. The department of public
6 health and human services shall provide information for the
7administration of opioid antagonists to the board as prescribed
8by rule for emergency medical care providers as defined in
9section 147A.1, subsection 4. The board shall adopt rules
10requiring the following information to be provided regarding
11the administration of opioid antagonists:
12 Sec. 74. Section 124.556, Code 2023, is amended to read as
13follows:
14124.556 Education and treatment.
15The program shall include education initiatives and outreach
16to consumers, prescribing practitioners, and pharmacists, and
17shall also include assistance for identifying substance abuse
18 use disorder treatment programs and providers. The program
19shall also include educational updates and information on
20general patient risk factors for prescribing practitioners.
21The board and advisory council shall adopt rules, as provided
22under section 124.554, to implement this section.
23 Sec. 75. Section 124E.2, subsections 3 and 8, Code 2023, are
24amended to read as follows:
253. “Department” means the department of public health and
26human services.
278. “Laboratory” means the state hygienic laboratory
28at the university of Iowa in Iowa City or any other
29independent medical cannabidiol testing facility accredited
30to standard ISO/IEC 17025 by an international organization
31for standards-approved accrediting body, with a controlled
32substance registration certificate from the United States drug
33enforcement administration and a certificate of registration
34from the board of pharmacy. For the purposes of this chapter,
35an independent laboratory is a laboratory operated by an
-39-1entity that has no equity ownership in a medical cannabidiol
2manufacturer.
3 Sec. 76. Section 124E.6, subsection 4, Code 2023, is amended
4to read as follows:
54. A medical cannabidiol manufacturer shall contract with
6a laboratory to perform spot-check testing of the medical
7cannabidiol produced by the medical cannabidiol manufacturer
8as provided in section 124E.7. The department shall require
9that the laboratory report testing results to the medical
10cannabidiol manufacturer and the department as determined by
11the department by rule. If a medical cannabidiol manufacturer
12contracts with a laboratory other than the state hygienic
13laboratory at the university of Iowa in Iowa City, the
14department shall approve the laboratory to perform testing
15pursuant to this chapter.
16 Sec. 77. Section 124E.14, Code 2023, is amended to read as
17follows:
18124E.14 Out-of-state medical cannabidiol dispensaries.
19The department of public health shall utilize a request for
20proposals process to select and license by December 1, 2017,
21up to two out-of-state medical cannabidiol dispensaries from a
22bordering state to sell and dispense medical cannabidiol to a
23patient or primary caregiver in possession of a valid medical
24cannabidiol registration card issued under this chapter.
25 Sec. 78. Section 125.1, Code 2023, is amended to read as
26follows:
27125.1 Declaration of policy.
28It is the policy of this state:
291. That persons with substance-related disorders a
30substance use disorder be afforded the opportunity to
31receive quality treatment and directed into rehabilitation
32services which will help them resume a socially acceptable and
33productive role in society.
342. To encourage substance abuse use disorder education
35and prevention efforts and to insure that such efforts are
-40-1coordinated to provide a high quality of services without
2unnecessary duplication.
33. To insure that substance abuse use disorder programs
4are being operated by individuals who are qualified in their
5field whether through formal education or through employment
6or personal experience.
7 Sec. 79. Section 125.2, Code 2023, is amended to read as
8follows:
9125.2 Definitions.
10For purposes of this chapter, unless the context clearly
11indicates otherwise:
121. “Board” means the state board of health created pursuant
13to chapter 136.
142. 1. “Chemical substance” means alcohol, wine, spirits,
15and beer as defined in chapter 123 and controlled substances
16as defined in section 124.101.
173. 2. “Chief medical officer” means the medical director
18in charge of a public or private hospital, or the director’s
19physician-designee. This chapter does not negate the
20authority otherwise reposed by chapter 226 in the respective
21superintendents of the state mental health institutes to make
22decisions regarding the appropriateness of admissions or
23discharges of patients of those institutes, however, it is
24the intent of this chapter that a superintendent who is not a
25licensed physician shall be guided in these decisions by the
26chief medical officer of the institute.
274. 3. “Clerk” means the clerk of the district court.
284. “Council” means the council on health and human services.
295. “County of residence” means the same as defined in
30section 331.394.
316. “Department” means the Iowa department of public health
32and human services.
337. “Director” means the director of the Iowa department of
34public health and human services.
358. “Facility” means an institution, a detoxification center,
-41-1or an installation providing care, maintenance and treatment
2for persons with substance-related disorders a substance use
3disorder licensed by the department under section 125.13,
4hospitals licensed under chapter 135B, or the state mental
5health institutes designated by chapter 226.
69. “Incapacitated by a chemical substance” means that a
7person, as a result of the use of a chemical substance, is
8unconscious or has the person’s judgment otherwise so impaired
9that the person is incapable of realizing and making a rational
10decision with respect to the need for treatment.
1110. “Incompetent person” means a person who has been
12adjudged incompetent by a court of law.
1311. “Interested person” means a person who, in the
14discretion of the court, is legitimately concerned that a
15respondent receive substance abuse use disorder treatment
16services.
1712. “Magistrate” means the same as defined in section 801.4,
18subsection 10.
1913. “Mental health professional” means the same as defined
20in section 228.1.
2114. “Psychiatric advanced registered nurse practitioner”
22means an individual currently licensed as a registered nurse
23under chapter 152 or 152E who holds a national certification in
24psychiatric mental health care and who is licensed by the board
25of nursing as an advanced registered nurse practitioner.
2615. “Respondent” means a person against whom an application
27is filed under section 125.75.
2816. “Substance-related disorder” “Substance use disorder”
29 means a diagnosable substance abuse use disorder of sufficient
30duration to meet diagnostic criteria specified within the most
31current diagnostic and statistical manual of mental disorders
32published by the American psychiatric association that results
33in a functional impairment.
34 Sec. 80. Section 125.3, Code 2023, is amended to read as
35follows:
-42- 1125.3 Substance abuse use disorder program established.
2The Iowa department of public health shall develop,
3implement, and administer a comprehensive substance abuse use
4disorder program pursuant to sections 125.1 and 125.2, this
5section, and sections 125.7, 125.9, 125.10, 125.12 through
6125.21, 125.25, 125.32 through 125.34, and 125.37 through
7125.43.
8 Sec. 81. Section 125.7, Code 2023, is amended to read as
9follows:
10125.7 Duties of the board council.
11The board council shall:
121. Approve the comprehensive substance abuse use disorder
13 program, developed by the department pursuant to sections 125.1
14through 125.3, this section, and sections 125.9, 125.10, 125.12
15through 125.21, 125.25, 125.32 through 125.34, and 125.37
16through 125.43.
172. Advise the department on policies governing the
18performance of the department in the discharge of any duties
19imposed on the department by law.
203. Advise or make recommendations to the governor and the
21general assembly relative to substance abuse use disorder
22 treatment, intervention, education, and prevention programs in
23this state.
244. Adopt rules for subsections 1 and 6 and review other
25rules necessary to carry out the provisions of this chapter,
26subject to review in accordance with chapter 17A.
275. Investigate the work of the department relating to
28substance abuse use disorder, and for this purpose the board
29 council shall have access at any time to all books, papers,
30documents, and records of the department.
316. Consider and approve or disapprove all applications
32for a license and all cases involving the renewal, denial,
33suspension, or revocation of a license.
347. Act as the appeal board regarding funding decisions made
35by the department.
-43-1 Sec. 82. Section 125.9, subsections 1, 2, 4, 5, and 6, Code
22023, are amended to read as follows:
31. Plan, establish and maintain treatment, intervention,
4education, and prevention programs as necessary or desirable in
5accordance with the comprehensive substance abuse use disorder
6 program.
72. Make contracts necessary or incidental to the
8performance of the duties and the execution of the powers
9of the director, including contracts with public and
10private agencies, organizations and individuals to pay
11them for services rendered or furnished to persons with
12substance-related disorders a substance use disorder.
134. Coordinate the activities of the department and
14cooperate with substance abuse use disorder programs in
15this and other states, and make contracts and other joint or
16cooperative arrangements with state, local or private agencies
17in this and other states for the treatment of persons with
18substance-related disorders a substance use disorder and
19for the common advancement of substance abuse use disorder
20 programs.
215. Require that a written report, in reasonable detail, be
22submitted to the director at any time by any agency of this
23state or of any of its political subdivisions in respect to any
24substance abuse use disorder prevention function, or program
25for the benefit of persons who are or have been involved in
26substance abuse use disorder, which is being conducted by the
27agency.
286. Submit to the governor a written report of the
29pertinent facts at any time the director concludes that any
30agency of this state or of any of its political subdivisions
31is conducting any substance abuse use disorder prevention
32function, or program for the benefit of persons who are or have
33been involved in substance abuse use disorder in a manner not
34consistent with or which impairs achievement of the objectives
35of the state plan to combat substance abuse use disorder, and
-44-1has failed to effect appropriate changes in the function or
2program.
3 Sec. 83. Section 125.10, Code 2023, is amended to read as
4follows:
5125.10 Duties of director.
6The director shall:
71. Prepare and submit a state plan subject to approval by
8the board council and in accordance with 42 U.S.C. §300x-21 et
9seq. The state plan shall designate the department as the sole
10agency for supervising the administration of the plan.
112. Develop, encourage, and foster statewide, regional,
12and local plans and programs for the prevention of substance
13misuse use disorder and the treatment of persons with
14substance-related disorders a substance use disorder in
15cooperation with public and private agencies, organizations and
16individuals, and provide technical assistance and consultation
17services for these purposes.
183. Coordinate the efforts and enlist the assistance of all
19public and private agencies, organizations, and individuals
20interested in the prevention of substance misuse use disorder
21 and the treatment of persons with substance-related disorders a
22substance use disorder. The director’s actions to implement
23this subsection shall also address the treatment needs of
24persons who have a mental illness, an intellectual disability,
25brain injury, or other co-occurring condition in addition to a
26substance-related substance use disorder.
274. Cooperate with the department of human services and
28the Iowa department of public health in establishing and
29conducting programs to provide treatment for persons with
30substance-related disorders a substance use disorder.
315. Cooperate with the department of education, boards
32of education, schools, police departments, courts, and other
33public and private agencies, organizations, and individuals
34in establishing programs for the prevention of substance
35misuse use disorder and the treatment of persons with
-45-1substance-related disorders a substance use disorder, and in
2preparing relevant curriculum materials for use at all levels
3of school education.
46. Prepare, publish, evaluate and disseminate educational
5material dealing with the nature and effects of chemical
6substances.
77. Develop and implement, as an integral part of treatment
8programs, an educational program for use in the treatment
9of persons with substance-related disorders a substance use
10disorder, which program shall include the dissemination of
11information concerning the nature and effects of substances.
128. Organize and implement, in cooperation with local
13treatment programs, training programs for all persons engaged
14in treatment of persons with substance-related disorders a
15substance use disorder.
169. Sponsor and implement research in cooperation with
17local treatment programs into the causes and nature of
18substance misuse use disorder and treatment of persons with
19substance-related disorders a substance use disorder, and serve
20as a clearing house for information relating to substance
21misuse use disorder.
2210. Specify uniform methods for keeping statistical
23information by public and private agencies, organizations,
24and individuals, and collect and make available relevant
25statistical information, including number of persons treated,
26frequency of admission and readmission, and frequency and
27duration of treatment.
2811. Develop and implement, with the counsel and approval
29of the board council, the comprehensive plan for treatment
30of persons with substance-related disorders a substance use
31disorder in accordance with this chapter.
3212. Assist in the development of, and cooperate with,
33substance abuse use disorder education and treatment programs
34for employees of state and local governments and businesses and
35industries in the state.
-46- 113. Utilize the support and assistance of interested
2persons in the community, particularly persons who are
3recovering from substance-related disorders a substance use
4disorder to encourage persons with substance-related disorders
5 a substance use disorder to voluntarily undergo treatment.
614. Cooperate with the commissioner of public safety in
7establishing and conducting programs designed to deal with the
8problem of persons operating motor vehicles while intoxicated.
915. Encourage general hospitals and other appropriate
10health facilities to admit without discrimination persons
11with substance-related disorders a substance use disorder
12 and to provide them with adequate and appropriate treatment.
13The director may negotiate and implement contracts with
14hospitals and other appropriate health facilities with adequate
15detoxification facilities.
1616. Encourage all health and disability insurance programs
17to include substance-related substance use disorders as covered
18illnesses.
1917. Review all state health, welfare, education and
20treatment proposals to be submitted for federal funding under
21federal legislation, and advise the governor on provisions
22to be included relating to substance misuse use disorder and
23persons with substance-related disorders a substance use
24disorder.
25 Sec. 84. Section 125.12, subsections 1 and 3, Code 2023, are
26amended to read as follows:
271. The board council shall review the comprehensive
28substance abuse use disorder program implemented by the
29department for the treatment of persons with substance-related
30disorders a substance use disorder and concerned family
31members. Subject to the review of the board council, the
32director shall divide the state into appropriate regions
33for the conduct of the program and establish standards for
34the development of the program on the regional level. In
35establishing the regions, consideration shall be given to city
-47-1and county lines, population concentrations, and existing
2substance abuse use disorder treatment services.
33. The director shall provide for adequate and appropriate
4treatment for persons with substance-related disorders a
5substance use disorder and concerned family members admitted
6under sections 125.33 and 125.34, or under section 125.75,
7125.81, or 125.91. Treatment shall not be provided at a
8correctional institution except for inmates. A mental health
9professional who is employed by a treatment provider under the
10program may provide treatment to a person with co-occurring
11substance-related substance use and mental health disorders.
12Such treatment may also be provided by a person employed by
13such a treatment provider who is receiving the supervision
14required to meet the definition of mental health professional
15but has not completed the supervision component.
16 Sec. 85. Section 125.13, subsection 1, paragraph a, Code
172023, is amended to read as follows:
18a. Except as provided in subsection 2, a person shall not
19maintain or conduct any chemical substitutes or antagonists
20program, residential program, or nonresidential outpatient
21program, the primary purpose of which is the treatment and
22rehabilitation of persons with substance-related disorders a
23substance use disorder without having first obtained a written
24license for the program from the department.
25 Sec. 86. Section 125.13, subsection 2, paragraphs a, b, c,
26f, i, and j, Code 2023, are amended to read as follows:
27a. A hospital providing care or treatment to persons
28with substance-related disorders a substance use disorder
29 licensed under chapter 135B which is accredited by the joint
30commission on the accreditation of health care organizations,
31the commission on accreditation of rehabilitation facilities,
32the American osteopathic association, or another recognized
33organization approved by the board council. All survey reports
34from the accrediting or licensing body must be sent to the
35department.
-48- 1b. Any practitioner of medicine and surgery or osteopathic
2medicine and surgery, in the practitioner’s private practice.
3However, a program shall not be exempted from licensing by the
4board council by virtue of its utilization of the services of a
5medical practitioner in its operation.
6c. Private institutions conducted by and for persons who
7adhere to the faith of any well recognized church or religious
8denomination for the purpose of providing care, treatment,
9counseling, or rehabilitation to persons with substance-related
10disorders a substance use disorder and who rely solely on
11prayer or other spiritual means for healing in the practice of
12religion of such church or denomination.
13f. Individuals in private practice who are providing
14substance abuse use disorder treatment services independent
15from a program that is required to be licensed under subsection
161.
17i. A substance abuse use disorder treatment program not
18funded by the department which is accredited or licensed
19by the joint commission on the accreditation of health
20care organizations, the commission on the accreditation
21of rehabilitation facilities, the American osteopathic
22association, or another recognized organization approved by
23the board council. All survey reports from the accrediting or
24licensing body must be sent to the department.
25j. A hospital substance abuse use disorder treatment program
26that is accredited or licensed by the joint commission on the
27accreditation of health care organizations, the commission on
28the accreditation of rehabilitation facilities, the American
29osteopathic association, or another recognized organization
30approved by the board council. All survey reports for the
31hospital substance abuse use disorder treatment program
32from the accrediting or licensing body shall be sent to the
33department.
34 Sec. 87. Section 125.14, Code 2023, is amended to read as
35follows:
-49- 1125.14 Licenses — renewal — fees.
2The board council shall consider all cases involving initial
3issuance, and renewal, denial, suspension, or revocation
4of a license. The department shall issue a license to an
5applicant whom the board council determines meets the licensing
6requirements of this chapter. Licenses shall expire no
7later than three years from the date of issuance and shall be
8renewed upon timely application made in the same manner as
9for initial issuance of a license unless notice of nonrenewal
10is given to the licensee at least thirty days prior to the
11expiration of the license. The department shall not charge a
12fee for licensing or renewal of programs contracting with the
13department for provision of treatment services. A fee may be
14charged to other licensees.
15 Sec. 88. Section 125.14A, Code 2023, is amended to read as
16follows:
17125.14A Personnel of a licensed program admitting juveniles.
181. If a person is being considered for licensure under this
19chapter, or for employment involving direct responsibility for
20a child or with access to a child when the child is alone, by
21a program admitting juveniles subject to licensure under this
22chapter, or if a person will reside in a facility utilized
23by such a program, and if the person has been convicted of
24a crime or has a record of founded child abuse, the record
25check evaluation system of the department of human services
26 and the program, for an employee of the program, shall perform
27an evaluation to determine whether the crime or founded
28child abuse warrants prohibition of licensure, employment, or
29residence in the facility. The department of human services
30 record check evaluation system shall conduct criminal and
31child abuse record checks in this state and may conduct these
32checks in other states. The evaluation shall be performed in
33accordance with procedures adopted for this purpose by the
34department of human services.
352. If the department of human services record check
-50-1evaluation system determines that a person has committed a
2crime or has a record of founded child abuse and is licensed,
3employed by a program licensed under this chapter, or resides
4in a licensed facility the department record check evaluation
5system shall notify the program that an evaluation will be
6conducted to determine whether prohibition of the person’s
7licensure, employment, or residence is warranted.
83. In an evaluation, the department of human services
9 record check evaluation system and the program for an employee
10of the program shall consider the nature and seriousness of
11the crime or founded child abuse in relation to the position
12sought or held, the time elapsed since the commission of the
13crime or founded child abuse, the circumstances under which
14the crime or founded child abuse was committed, the degree of
15rehabilitation, the likelihood that the person will commit the
16crime or founded child abuse again, and the number of crimes
17or founded child abuses committed by the person involved. The
18department of human services record check evaluation system
19 may permit a person who is evaluated to be licensed, employed,
20or to reside, or to continue to be licensed, employed, or
21to reside in a program, if the person complies with the
22department’s record check evaluation system’s conditions
23relating to the person’s licensure, employment, or residence,
24which may include completion of additional training. For an
25employee of a licensee, these conditional requirements shall
26be developed with the licensee. The department of human
27services record check evaluation system has final authority
28in determining whether prohibition of the person’s licensure,
29employment, or residence is warranted and in developing any
30conditional requirements under this subsection.
314. If the department of human services record check
32evaluation system determines that the person has committed a
33crime or has a record of founded child abuse which warrants
34prohibition of licensure, employment, or residence, the person
35shall not be licensed under this chapter to operate a program
-51-1admitting juveniles and shall not be employed by a program or
2reside in a facility admitting juveniles licensed under this
3chapter.
45. In addition to the record checks required under this
5section, the department of human services record check
6evaluation system may conduct dependent adult abuse record
7checks in this state and may conduct these checks in other
8states, on a random basis. The provisions of this section,
9relative to an evaluation following a determination that a
10person has been convicted of a crime or has a record of founded
11child abuse, shall also apply to a random check conducted under
12this subsection.
136. Beginning July 1, 1994, a A program or facility shall
14inform all new applicants for employment of the possibility
15of the performance of a record check and shall obtain, from
16the applicant, a signed acknowledgment of the receipt of the
17information.
187. On or after July 1, 1994, a A program or facility shall
19include the following inquiry in an application for employment:
20Do you have a record of founded child or dependent adult abuse
21or have you ever been convicted of a crime, in this state or any
22other state?
23 Sec. 89. Section 125.15, Code 2023, is amended to read as
24follows:
25125.15 Inspections.
26The department may inspect the facilities and review the
27procedures utilized by any chemical substitutes or antagonists
28program, residential program, or nonresidential outpatient
29program that has as a primary purpose the treatment and
30rehabilitation of persons with substance-related disorders a
31substance use disorder, for the purpose of ensuring compliance
32with this chapter and the rules adopted pursuant to this
33chapter. The examination and review may include case record
34audits and interviews with staff and patients, consistent with
35the confidentiality safeguards of state and federal law.
-52-1 Sec. 90. Section 125.15A, subsection 1, unnumbered
2paragraph 1, Code 2023, is amended to read as follows:
3The department may place an employee or agent to serve as a
4monitor in a licensed substance abuse use disorder treatment
5program or may petition the court for appointment of a receiver
6for a program when any of the following conditions exist:
7 Sec. 91. Section 125.15A, subsection 1, paragraph b, Code
82023, is amended to read as follows:
9b. The board council has suspended, revoked, or refused to
10renew the existing license of the program.
11 Sec. 92. Section 125.16, Code 2023, is amended to read as
12follows:
13125.16 Transfer of license or change of location prohibited.
14A license issued under this chapter may not be transferred,
15and the location of the physical facilities occupied or
16utilized by any program licensed under this chapter shall not
17be changed without the prior written consent of the board
18 council.
19 Sec. 93. Section 125.17, Code 2023, is amended to read as
20follows:
21125.17 License suspension or revocation.
22Violation of any of the requirements or restrictions of
23this chapter or of any of the rules adopted pursuant to this
24chapter is cause for suspension, revocation, or refusal to
25renew a license. The director shall at the earliest time
26feasible notify a licensee whose license the board council
27 is considering suspending or revoking and shall inform the
28licensee what changes must be made in the licensee’s operation
29to avoid such action. The licensee shall be given a reasonable
30time for compliance, as determined by the director, after
31receiving such notice or a notice that the board council does
32not intend to renew the license. When the licensee believes
33compliance has been achieved, or if the licensee considers
34the proposed suspension, revocation, or refusal to renew
35unjustified, the licensee may submit pertinent information to
-53-1the board council and the board council shall expeditiously
2make a decision in the matter and notify the licensee of the
3decision.
4 Sec. 94. Section 125.18, Code 2023, is amended to read as
5follows:
6125.18 Hearing before board council.
7If a licensee under this chapter makes a written request
8for a hearing within thirty days of suspension, revocation,
9or refusal to renew a license, a hearing before the board
10 council shall be expeditiously arranged by the department of
11inspections and appeals whose decision is subject to review by
12the board council. The board council shall issue a written
13statement of the board’s council’s findings within thirty days
14after conclusion of the hearing upholding or reversing the
15proposed suspension, revocation, or refusal to renew a license.
16Action involving suspension, revocation, or refusal to renew a
17license shall not be taken by the board council unless a quorum
18is present at the meeting. A copy of the board’s council’s
19 decision shall be promptly transmitted to the affected licensee
20who may, if aggrieved by the decision, seek judicial review of
21the actions of the board council in accordance with the terms
22of chapter 17A.
23 Sec. 95. Section 125.19, Code 2023, is amended to read as
24follows:
25125.19 Reissuance or reinstatement.
26After suspension, revocation, or refusal to renew a license
27pursuant to this chapter, the affected licensee shall not have
28the license reissued or reinstated within one year of the
29effective date of the suspension, revocation, or expiration
30upon refusal to renew, unless the board council orders
31otherwise. After that time, proof of compliance with the
32requirements and restrictions of this chapter and the rules
33adopted pursuant to this chapter must be presented to the board
34 council prior to reinstatement or reissuance of a license.
35 Sec. 96. Section 125.20, Code 2023, is amended to read as
-54-1follows:
2125.20 Rules.
3The department shall establish rules pursuant to chapter
417A requiring facilities to use reasonable accounting and
5reimbursement systems which recognize relevant cost-related
6factors for patients with a substance abuse patients use
7disorder. A facility shall not be licensed nor shall any
8payment be made under this chapter to a facility which fails
9to comply with those rules or which does not permit inspection
10by the department or examination of all records, including
11financial records, methods of administration, general and
12special dietary programs, the disbursement of drugs and methods
13of supply, and any other records the department deems relevant
14to the establishment of such a system. However, rules issued
15pursuant to this paragraph shall not apply to any facility
16referred to in section 125.13, subsection 2 or section 125.43.
17 Sec. 97. Section 125.21, subsection 1, Code 2023, is amended
18to read as follows:
191. The board council has exclusive power in this state
20to approve and license chemical substitutes and antagonists
21programs, and to monitor chemical substitutes and antagonists
22programs to ensure that the programs are operating within the
23rules adopted pursuant to this chapter. The board council
24 shall grant approval and license if the requirements of the
25rules are met and state funding is not requested. The chemical
26substitutes and antagonists programs conducted by persons
27exempt from the licensing requirements of this chapter pursuant
28to section 125.13, subsection 2, are subject to approval and
29licensure under this section.
30 Sec. 98. Section 125.25, subsection 1, Code 2023, is amended
31to read as follows:
321. Before making any allocation of funds to a local
33substance abuse use disorder program, the department shall
34require a detailed line item budget clearly indicating the
35funds received from each revenue source for the fiscal year
-55-1for which the funds are requested on forms provided by the
2department for each program.
3 Sec. 99. Section 125.32, unnumbered paragraph 1, Code 2023,
4is amended to read as follows:
5The department shall adopt and may amend and repeal rules
6for acceptance of persons into the treatment program, subject
7to chapter 17A, considering available treatment resources and
8facilities, for the purpose of early and effective treatment
9of persons with substance-related disorders a substance
10use disorder and concerned family members. In establishing
11the rules the department shall be guided by the following
12standards:
13 Sec. 100. Section 125.32A, Code 2023, is amended to read as
14follows:
15125.32A Discrimination prohibited.
16Any substance abuse use disorder treatment program receiving
17state funding under this chapter or any other chapter of the
18Code shall not discriminate against a person seeking treatment
19solely because the person is pregnant, unless the program
20in each instance identifies and refers the person to an
21alternative and acceptable treatment program for the person.
22 Sec. 101. Section 125.33, Code 2023, is amended to read as
23follows:
24125.33 Voluntary treatment of persons with substance-related
25disorders a substance use disorder.
261. A person with a substance-related substance use
27 disorder may apply for voluntary treatment or rehabilitation
28services directly to a facility or to a licensed physician and
29surgeon or osteopathic physician and surgeon or to a mental
30health professional. If the proposed patient is a minor or
31an incompetent person, a parent, a legal guardian or other
32legal representative may make the application. The licensed
33physician and surgeon or osteopathic physician and surgeon,
34mental health professional, or any employee or person acting
35under the direction or supervision of the physician and
-56-1surgeon or osteopathic physician and surgeon, mental health
2professional, or facility shall not report or disclose the
3name of the person or the fact that treatment was requested
4or has been undertaken to any law enforcement officer or law
5enforcement agency; nor shall such information be admissible as
6evidence in any court, grand jury, or administrative proceeding
7unless authorized by the person seeking treatment. If the
8person seeking such treatment or rehabilitation is a minor who
9has personally made application for treatment, the fact that
10the minor sought treatment or rehabilitation or is receiving
11treatment or rehabilitation services shall not be reported
12or disclosed to the parents or legal guardian of such minor
13without the minor’s consent, and the minor may give legal
14consent to receive such treatment and rehabilitation.
152. Subject to rules adopted by the department, the
16administrator or the administrator’s designee in charge of a
17facility may determine who shall be admitted for treatment
18or rehabilitation. If a person is refused admission, the
19administrator or the administrator’s designee, subject to rules
20adopted by the department, shall refer the person to another
21facility for treatment if possible and appropriate.
223. A person with a substance-related substance use
23 disorder seeking treatment or rehabilitation and who is
24either addicted to or dependent on a chemical substance may
25first be examined and evaluated by a licensed physician and
26surgeon or osteopathic physician and surgeon or a mental health
27professional who may prescribe, if authorized or licensed
28to do so, a proper course of treatment and medication, if
29needed. The licensed physician and surgeon or osteopathic
30physician and surgeon or mental health professional may further
31prescribe a course of treatment or rehabilitation and authorize
32another licensed physician and surgeon or osteopathic physician
33and surgeon, mental health professional, or facility to
34provide the prescribed treatment or rehabilitation services.
35Treatment or rehabilitation services may be provided to a
-57-1person individually or in a group. A facility providing or
2engaging in treatment or rehabilitation shall not report or
3disclose to a law enforcement officer or law enforcement
4agency the name of any person receiving or engaged in the
5treatment or rehabilitation; nor shall a person receiving or
6participating in treatment or rehabilitation report or disclose
7the name of any other person engaged in or receiving treatment
8or rehabilitation or that the program is in existence, to
9a law enforcement officer or law enforcement agency. Such
10information shall not be admitted in evidence in any court,
11grand jury, or administrative proceeding. However, a person
12engaged in or receiving treatment or rehabilitation may
13authorize the disclosure of the person’s name and individual
14participation.
154. If a patient receiving inpatient or residential care
16leaves a facility, the patient shall be encouraged to consent
17to appropriate outpatient or halfway house treatment. If it
18appears to the administrator in charge of the facility that
19the patient is a person with a substance-related substance
20use disorder who requires help, the director may arrange for
21assistance in obtaining supportive services.
225. If a patient leaves a facility, with or against the
23advice of the administrator in charge of the facility, the
24director may make reasonable provisions for the patient’s
25transportation to another facility or to the patient’s home.
26If the patient has no home the patient shall be assisted in
27obtaining shelter. If the patient is a minor or an incompetent
28person, the request for discharge from an inpatient facility
29shall be made by a parent, legal guardian, or other legal
30representative, or by the minor or incompetent person if the
31patient was the original applicant.
326. Any person who reports or discloses the name of a
33person receiving treatment or rehabilitation services to a
34law enforcement officer or law enforcement agency or any
35person receiving treatment or rehabilitation services who
-58-1discloses the name of any other person receiving treatment or
2rehabilitation services without the written consent of the
3person in violation of the provisions of this section shall
4upon conviction be guilty of a simple misdemeanor.
5 Sec. 102. Section 125.34, Code 2023, is amended to read as
6follows:
7125.34 Treatment and services for persons with
8substance-related disorders a substance use disorder due to
9intoxication and substance-induced incapacitation.
101. A person with a substance-related substance use disorder
11due to intoxication or substance-induced incapacitation may
12come voluntarily to a facility for emergency treatment. A
13person who appears to be intoxicated or incapacitated by a
14substance in a public place and in need of help may be taken
15to a facility by a peace officer under section 125.91. If
16the person refuses the proffered help, the person may be
17arrested and charged with intoxication under section 123.46,
18if applicable.
192. If no facility is readily available the person may
20be taken to an emergency medical service customarily used
21for incapacitated persons. The peace officer in detaining
22the person and in taking the person to a facility shall make
23every reasonable effort to protect the person’s health and
24safety. In detaining the person the detaining officer may take
25reasonable steps for self-protection. Detaining a person under
26section 125.91 is not an arrest and no entry or other record
27shall be made to indicate that the person who is detained has
28been arrested or charged with a crime.
293. A person who arrives at a facility and voluntarily
30submits to examination shall be examined by a licensed
31physician and surgeon or osteopathic physician and surgeon or
32mental health professional as soon as possible after the person
33arrives at the facility. The person may then be admitted as a
34patient or referred to another health facility. The referring
35facility shall arrange for transportation.
-59- 14. If a person is voluntarily admitted to a facility, the
2person’s family or next of kin shall be notified as promptly
3as possible. If an adult patient who is not incapacitated
4requests that there be no notification, the request shall be
5respected.
65. A peace officer who acts in compliance with this section
7is acting in the course of the officer’s official duty and is
8not criminally or civilly liable therefor for such acts, unless
9such acts constitute willful malice or abuse.
106. If the physician and surgeon or osteopathic physician
11and surgeon in charge of the facility determines it is for the
12patient’s benefit, the patient shall be encouraged to agree to
13further diagnosis and appropriate voluntary treatment.
147. A licensed physician and surgeon or osteopathic
15physician and surgeon, mental health professional, facility
16administrator, or an employee or a person acting as or on
17behalf of the facility administrator, is not criminally or
18civilly liable for acts in conformity with this chapter, unless
19the acts constitute willful malice or abuse.
20 Sec. 103. Section 125.37, subsection 2, Code 2023, is
21amended to read as follows:
222. Notwithstanding subsection 1, the director may make
23available information from patients’ records for purposes of
24research into the causes and treatment of substance abuse use
25disorder. Information under this subsection shall not be
26published in a way that discloses patients’ names or other
27identifying information.
28 Sec. 104. Section 125.39, Code 2023, is amended to read as
29follows:
30125.39 Eligible entities.
31A local governmental unit which is providing funds to a
32facility for treatment of substance abuse use disorder may
33request from the facility a treatment program plan prior to
34authorizing payment of any claims filed by the facility. The
35governing body of the local governmental unit may review the
-60-1plan, but shall not impose on the facility any requirement
2conflicting with the comprehensive treatment program of the
3facility.
4 Sec. 105. Section 125.43, Code 2023, is amended to read as
5follows:
6125.43 Funding at mental health institutes.
7Chapter 230 governs the determination of the costs
8and payment for treatment provided to persons with
9substance-related disorders a substance use disorderin a
10mental health institute under the department of human services,
11except that the charges are not a lien on real estate owned
12by persons legally liable for support of the person with a
13substance-related substance use disorder and the daily per diem
14shall be billed at twenty-five percent. The superintendent of
15a state hospital mental health institute shall total only those
16expenditures which can be attributed to the cost of providing
17inpatient treatment to persons with substance-related disorders
18 a substance use disorder for purposes of determining the daily
19per diem. Section 125.44 governs the determination of who is
20legally liable for the cost of care, maintenance, and treatment
21of a person with a substance-related substance use disorder and
22of the amount for which the person is liable.
23 Sec. 106. Section 125.43A, Code 2023, is amended to read as
24follows:
25125.43A Prescreening — exception.
26Except in cases of medical emergency or court-ordered
27admissions, a person shall be admitted to a state mental health
28institute for treatment of a substance-related substance use
29 disorder only after a preliminary intake and assessment by a
30department-licensed treatment facility or a hospital providing
31care or treatment for persons with substance-related disorders
32 a substance use disorder licensed under chapter 135B and
33accredited by the joint commission on the accreditation of
34health care organizations, the commission on accreditation
35of rehabilitation facilities, the American osteopathic
-61-1association, or another recognized organization approved by
2the board council, or by a designee of a department-licensed
3treatment facility or a hospital other than a state mental
4health institute, which confirms that the admission is
5appropriate to the person’s substance-related substance use
6 disorder service needs. A county board of supervisors may seek
7an admission of a patient to a state mental health institute
8who has not been confirmed for appropriate admission and the
9county shall be responsible for one hundred percent of the cost
10of treatment and services of the patient.
11 Sec. 107. Section 125.44, Code 2023, is amended to read as
12follows:
13125.44 Agreements with facilities — liability for costs.
141. The director may, consistent with the comprehensive
15substance abuse use disorder program, enter into written
16agreements with a facility as defined in section 125.2 to pay
17for one hundred percent of the cost of the care, maintenance,
18and treatment of persons with substance-related disorders a
19substance use disorder, except when section 125.43A applies.
20All payments for state patients shall be made in accordance
21with the limitations of this section. Such contracts shall be
22for a period of no more than one year.
232. The contract may be in the form and contain provisions
24as agreed upon by the parties. The contract shall provide
25that the facility shall admit and treat persons with
26substance-related disorders a substance use disorder regardless
27of where they have residence. If one payment for care,
28maintenance, and treatment is not made by the patient or
29those legally liable for the patient, the payment shall be
30made by the department directly to the facility. Payments
31shall be made each month and shall be based upon the rate of
32payment for services negotiated between the department and the
33contracting facility. If a facility projects a temporary cash
34flow deficit, the department may make cash advances at the
35beginning of each fiscal year to the facility. The repayment
-62-1schedule for advances shall be part of the contract between the
2department and the facility. This section does not pertain to
3patients treated at the mental health institutes.
43. If the appropriation to the department is insufficient
5to meet the requirements of this section, the department shall
6request a transfer of funds and section 8.39 shall apply.
74. The person with a substance-related substance use
8 disorder is legally liable to the facility for the total amount
9of the cost of providing care, maintenance, and treatment for
10the person with a substance-related substance use disorder
11while a voluntary or committed patient in a facility. This
12section does not prohibit any individual from paying any
13portion of the cost of treatment.
145. The department is liable for the cost of care, treatment,
15and maintenance of persons with substance-related disorders a
16substance use disorder admitted to the facility voluntarily or
17pursuant to section 125.75, 125.81, or 125.91 or section 321J.3
18or 124.409 only to those facilities that have a contract with
19the department under this section, only for the amount computed
20according to and within the limits of liability prescribed by
21this section, and only when the person with a substance-related
22 substance use disorder is unable to pay the costs and there is
23no other person, firm, corporation, or insurance company bound
24to pay the costs.
256. The department’s maximum liability for the costs of care,
26treatment, and maintenance of persons with substance-related
27disorders a substance use disorder in a contracting facility
28is limited to the total amount agreed upon by the parties and
29specified in the contract under this section.
30 Sec. 108. Section 125.46, Code 2023, is amended to read as
31follows:
32125.46 County of residence determined.
33The facility shall, when a person with a substance-related
34 substance use disorder is admitted, or as soon thereafter as
35it receives the proper information, determine and enter upon
-63-1its records the Iowa county of residence of the person with a
2substance-related substance use disorder, or that the person
3resides in some other state or country, or that the person is
4unclassified with respect to residence.
5 Sec. 109. Section 125.55, Code 2023, is amended to read as
6follows:
7125.55 Audits.
8All licensed substance abuse use disorder programs are
9subject to annual audit either by the auditor of state or in
10lieu of an audit by the auditor of state the substance abuse
11 use disorder program may contract with or employ certified
12public accountants to conduct the audit, in accordance with
13sections 11.6, 11.14, and 11.19. The audit format shall be
14as prescribed by the auditor of state. The certified public
15accountant shall submit a copy of the audit to the director. A
16licensed substance abuse use disorder program is also subject
17to special audits as the director requests. The licensed
18substance abuse use disorder program or the department shall
19pay all expenses incurred by the auditor of state in conducting
20an audit under this section.
21 Sec. 110. Section 125.58, Code 2023, is amended to read as
22follows:
23125.58 Inspection — penalties.
241. If the department has probable cause to believe that
25an institution, place, building, or agency not licensed as
26a substance abuse use disorder treatment and rehabilitation
27facility is in fact a substance abuse use disorder treatment
28and rehabilitation facility as defined by this chapter, and
29is not exempt from licensing by section 125.13, subsection 2,
30the board council may order an inspection of the institution,
31place, building, or agency. If the inspector upon presenting
32proper identification is denied entry for the purpose of making
33the inspection, the inspector may, with the assistance of
34the county attorney of the county in which the premises are
35located, apply to the district court for an order requiring
-64-1the owner or occupant to permit entry and inspection of the
2premises to determine whether there have been violations
3of this chapter. The investigation may include review of
4records, reports, and documents maintained by the facility
5and interviews with staff members consistent with the
6confidentiality safeguards of state and federal law.
72. A person establishing, conducting, managing, or
8operating a substance abuse use disorder treatment and
9rehabilitation facility without a license is guilty of a
10serious misdemeanor. Each day of continued violation after
11conviction or notice from the department by certified mail of a
12violation shall be considered a separate offense or chargeable
13offense. A person establishing, conducting, managing or
14operating a substance abuse use disorder treatment and
15rehabilitation facility without a license may be temporarily
16or permanently restrained therefrom by a court of competent
17jurisdiction in an action brought by the state.
183. Notwithstanding the existence or pursuit of any other
19remedy, the department may, in the manner provided by law,
20maintain an action in the name of the state for injunction or
21other process against a person or governmental unit to restrain
22or prevent the establishment, conduct, management or operation
23of a substance abuse use disorder treatment and rehabilitation
24facility without a license.
25 Sec. 111. Section 125.59, subsection 1, paragraph a,
26unnumbered paragraph 1, Code 2023, is amended to read as
27follows:
28Of these funds, notwithstanding section 125.13, subsection
291, one-half of the transferred amount shall be used for grants
30to counties operating a substance abuse use disorder program
31involving only education, prevention, referral or posttreatment
32services, either with the counties’ own employees or by
33contract with a nonprofit corporation. The grants shall not
34annually exceed ten thousand dollars to any one county, subject
35to the following conditions:
-65-1 Sec. 112. Section 125.59, subsection 1, paragraph b, Code
22023, is amended to read as follows:
3b. If the transferred amount for this subsection exceeds
4grant requests funded to the ten thousand dollar maximum,
5the department of public health may use the remainder for
6activities and public information resources that align with
7best practices for substance-related substance use disorder
8prevention or to increase grants pursuant to subsection 2.
9 Sec. 113. Section 125.75, subsection 1, Code 2023, is
10amended to read as follows:
111. Proceedings for the involuntary commitment or treatment
12of a person with a substance-related substance use disorder
13to a facility pursuant to this chapter or for the involuntary
14hospitalization of a person pursuant to chapter 229 may
15be commenced by any interested person by filing a verified
16application with the clerk of the district court of the
17county where the respondent is presently located or which
18is the respondent’s place of residence. The clerk or the
19clerk’s designee shall assist the applicant in completing the
20application.
21 Sec. 114. Section 125.75, subsection 2, paragraph a,
22subparagraph (1), Code 2023, is amended to read as follows:
23(1) A substance-related substance use disorder as defined
24in section 125.2.
25 Sec. 115. Section 125.80, subsections 3 and 4, Code 2023,
26are amended to read as follows:
273. If the report of a court-designated licensed physician
28and surgeon or osteopathic physician and surgeon or mental
29health professional is to the effect that the respondent is
30not a person with a substance-related substance use disorder,
31the court, without taking further action, shall terminate the
32proceeding and dismiss the application on its own motion and
33without notice.
344. If the report of a court-designated licensed physician
35and surgeon or osteopathic physician and surgeon or mental
-66-1health professional is to the effect that the respondent is a
2person with a substance-related substance use disorder, the
3court shall schedule a commitment hearing as soon as possible.
4The hearing shall be held not more than forty-eight hours
5after the report is filed, excluding Saturdays, Sundays, and
6holidays, unless an extension for good cause is requested
7by the respondent, or as soon thereafter as possible if the
8court considers that sufficient grounds exist for delaying the
9hearing.
10 Sec. 116. Section 125.81, subsection 1, Code 2023, is
11amended to read as follows:
121. If a person filing an application requests that a
13respondent be taken into immediate custody, and the court upon
14reviewing the application and accompanying documentation, finds
15probable cause to believe that the respondent is a person with
16a substance-related substance use disorder who is likely to
17injure the person or other persons if allowed to remain at
18liberty, the court may enter a written order directing that
19the respondent be taken into immediate custody by the sheriff,
20and be detained until the commitment hearing, which shall
21be held no more than five days after the date of the order,
22except that if the fifth day after the date of the order is
23a Saturday, Sunday, or a holiday, the hearing may be held on
24the next business day. The court may order the respondent
25detained for the period of time until the hearing is held, and
26no longer except as provided in section 125.88, in accordance
27with subsection 2, paragraph “a”, if possible, and if not, then
28in accordance with subsection 2, paragraph “b”, or, only if
29neither of these alternatives is available in accordance with
30subsection 2, paragraph “c”.
31 Sec. 117. Section 125.81, subsection 2, paragraph c, Code
322023, is amended to read as follows:
33c. In the nearest facility which is licensed to care for
34persons with mental illness or substance abuse use disorder,
35provided that detention in a jail or other facility intended
-67-1for confinement of those accused or convicted of a crime shall
2not be ordered.
3 Sec. 118. Section 125.82, subsections 3 and 4, Code 2023,
4are amended to read as follows:
53. The person who filed the application and a licensed
6physician and surgeon or osteopathic physician and surgeon,
7mental health professional, or certified alcohol and drug
8counselor certified by the nongovernmental Iowa board of
9substance abuse certification who has examined the respondent
10in connection with the commitment hearing shall be present
11at the hearing, unless the court for good cause finds that
12their presence or testimony is not necessary. The applicant,
13respondent, and the respondent’s attorney may waive the
14presence or telephonic appearance of the licensed physician
15and surgeon or osteopathic physician and surgeon, mental
16health professional, or certified alcohol and drug counselor
17who examined the respondent and agree to submit as evidence
18the written report of the licensed physician and surgeon or
19osteopathic physician and surgeon, mental health professional,
20or certified alcohol and drug counselor. The respondent’s
21attorney shall inform the court if the respondent’s attorney
22reasonably believes that the respondent, due to diminished
23capacity, cannot make an adequately considered waiver decision.
24“Good cause” for finding that the testimony of the licensed
25physician and surgeon or osteopathic physician and surgeon,
26mental health professional, or certified alcohol and drug
27counselor who examined the respondent is not necessary may
28include, but is not limited to, such a waiver. If the court
29determines that the testimony of the licensed physician and
30surgeon or osteopathic physician and surgeon, mental health
31professional, or certified alcohol and drug counselor is
32necessary, the court may allow the licensed physician and
33surgeon or osteopathic physician and surgeon, mental health
34professional, or certified alcohol and drug counselor to
35testify by telephone. The respondent shall be present at the
-68-1hearing unless prior to the hearing the respondent’s attorney
2stipulates in writing that the attorney has conversed with the
3respondent, and that in the attorney’s judgment the respondent
4cannot make a meaningful contribution to the hearing, or that
5the respondent has waived the right to be present, and the
6basis for the attorney’s conclusions. A stipulation to the
7respondent’s absence shall be reviewed by the court before the
8hearing, and may be rejected if it appears that insufficient
9grounds are stated or that the respondent’s interests would not
10be served by the respondent’s absence.
114. The respondent’s welfare is paramount, and the hearing
12shall be tried as a civil matter and conducted in as informal a
13manner as is consistent with orderly procedure. The hearing
14may be held by video conference at the discretion of the
15court. Discovery as permitted under the Iowa rules of civil
16procedure is available to the respondent. The court shall
17receive all relevant and material evidence, but the court is
18not bound by the rules of evidence. A presumption in favor of
19the respondent exists, and the burden of evidence and support
20of the contentions made in the application shall be upon the
21person who filed the application. If upon completion of the
22hearing the court finds that the contention that the respondent
23is a person with a substance-related substance use disorder has
24not been sustained by clear and convincing evidence, the court
25shall deny the application and terminate the proceeding.
26 Sec. 119. Section 125.83, Code 2023, is amended to read as
27follows:
28125.83 Placement for evaluation.
29If upon completion of the commitment hearing, the court
30finds that the contention that the respondent is a person with
31a substance-related substance use disorder has been sustained
32by clear and convincing evidence, the court shall order the
33respondent placed at a facility or under the care of a suitable
34facility on an outpatient basis as expeditiously as possible
35for a complete evaluation and appropriate treatment. The
-69-1court shall furnish to the facility at the time of admission
2or outpatient placement, a written statement of facts setting
3forth the evidence on which the finding is based. The
4administrator of the facility shall report to the court no
5more than fifteen days after the individual is admitted to or
6placed under the care of the facility, which shall include the
7chief medical officer’s recommendation concerning treatment
8of a substance-related substance use disorder. An extension
9of time may be granted for a period not to exceed seven days
10upon a showing of good cause. A copy of the report shall be
11sent to the respondent’s attorney who may contest the need
12for an extension of time if one is requested. If the request
13is contested, the court shall make an inquiry as it deems
14appropriate and may either order the respondent released
15from the facility or grant an extension of time for further
16evaluation. If the administrator fails to report to the court
17within fifteen days after the individual is admitted to the
18facility, and no extension of time has been requested, the
19administrator is guilty of contempt and shall be punished
20under chapter 665. The court shall order a rehearing on the
21application to determine whether the respondent should continue
22to be held at the facility.
23 Sec. 120. Section 125.83A, subsection 1, Code 2023, is
24amended to read as follows:
251. If upon completion of the commitment hearing, the court
26finds that the contention that the respondent is a person with
27a substance-related substance use disorder has been sustained
28by clear and convincing evidence, and the court is furnished
29evidence that the respondent is eligible for care and treatment
30in a facility operated by the United States department of
31veterans affairs or another agency of the United States
32government and that the facility is willing to receive the
33respondent, the court may so order. The respondent, when so
34placed in a facility operated by the United States department
35of veterans affairs or another agency of the United States
-70-1government within or outside of this state, shall be subject to
2the rules of the United States department of veterans affairs
3or other agency, but shall not lose any procedural rights
4afforded the respondent by this chapter. The chief officer
5of the facility shall have, with respect to the respondent
6so placed, the same powers and duties as the chief medical
7officer of a hospital in this state would have in regard to
8submission of reports to the court, retention of custody,
9transfer, convalescent leave, or discharge. Jurisdiction
10is retained in the court to maintain surveillance of the
11respondent’s treatment and care, and at any time to inquire
12into the respondent’s condition and the need for continued care
13and custody.
14 Sec. 121. Section 125.84, Code 2023, is amended to read as
15follows:
16125.84 Evaluation report.
17The facility administrator’s report to the court of the
18chief medical officer’s substance abuse use disorder evaluation
19of the respondent shall be made no later than the expiration of
20the time specified in section 125.83. At least two copies of
21the report shall be filed with the clerk, who shall distribute
22the copies in the manner described by section 125.80,
23subsection 2. The report shall state one of the four following
24alternative findings:
251. That the respondent does not, as of the date of the
26report, require further treatment for substance abuse use
27disorder. If the report so states, the court shall order the
28respondent’s immediate release from involuntary commitment and
29terminate the proceedings.
302. That the respondent is a person with a substance-related
31 substance use disorder who is in need of full-time custody,
32care, and treatment in a facility, and is considered likely
33to benefit from treatment. If the report so states, the
34court shall enter an order which may require the respondent’s
35continued placement and commitment to a facility for
-71-1appropriate treatment.
23. That the respondent is a person with a substance-related
3 substance use disorder who is in need of treatment, but does
4not require full-time placement in a facility. If the report
5so states, the report shall include the chief medical officer’s
6recommendation for treatment of the respondent on an outpatient
7or other appropriate basis, and the court shall enter an order
8which may direct the respondent to submit to the recommended
9treatment. The order shall provide that if the respondent
10fails or refuses to submit to treatment, as directed by the
11court’s order, the court may order that the respondent be
12taken into immediate custody as provided by section 125.81
13and, following notice and hearing held in accordance with
14the procedures of sections 125.77 and 125.82, may order the
15respondent treated as a patient requiring full-time custody,
16care, and treatment as provided in subsection 2, and may order
17the respondent involuntarily committed to a facility.
184. That the respondent is a person with a substance-related
19 substance use disorder who is in need of treatment, but in
20the opinion of the chief medical officer is not responding to
21the treatment provided. If the report so states, the report
22shall include the facility administrator’s recommendation for
23alternative placement, and the court shall enter an order
24which may direct the respondent’s transfer to the recommended
25placement or to another placement after consultation with the
26 respondent’s attorney and the facility administrator who made
27the report under this subsection.
28 Sec. 122. Section 125.85, subsection 1, Code 2023, is
29amended to read as follows:
301. A respondent committed under section 125.84, subsection
312, shall remain in the custody of a facility for treatment
32for a period of thirty days, unless sooner discharged. The
33department is not required to pay the cost of any medication or
34procedure provided to the respondent during that period which
35is not necessary or appropriate to the specific objectives
-72-1of detoxification and treatment of substance abuse use
2disorder. At the end of the thirty-day period, the respondent
3shall be discharged automatically unless the administrator
4of the facility, before expiration of the period, obtains a
5court order for the respondent’s recommitment pursuant to an
6application under section 125.75, for a further period not to
7exceed ninety days.
8 Sec. 123. Section 125.91, Code 2023, is amended to read as
9follows:
10125.91 Emergency detention.
111. The procedure prescribed by this section shall only
12be used for a person with a substance-related substance
13use disorder due to intoxication or substance-induced
14incapacitation who has threatened, attempted, or inflicted
15physical self-harm or harm on another, and is likely to inflict
16physical self-harm or harm on another unless immediately
17detained, or who is incapacitated by a substance, if an
18application has not been filed naming the person as the
19respondent pursuant to section 125.75 and the person cannot be
20ordered into immediate custody and detained pursuant to section
21125.81.
222. a. A peace officer who has reasonable grounds to believe
23that the circumstances described in subsection 1 are applicable
24may, without a warrant, take or cause that person to be taken
25to the nearest available facility referred to in section
26125.81, subsection 2, paragraph “b” or “c”. Such a person with
27a substance-related substance use disorder due to intoxication
28or substance-induced incapacitation who also demonstrates
29a significant degree of distress or dysfunction may also
30be delivered to a facility by someone other than a peace
31officer upon a showing of reasonable grounds. Upon delivery
32of the person to a facility under this section, the attending
33physician and surgeon or osteopathic physician and surgeon may
34order treatment of the person, but only to the extent necessary
35to preserve the person’s life or to appropriately control
-73-1the person’s behavior if the behavior is likely to result in
2physical injury to the person or others if allowed to continue.
3The peace officer or other person who delivered the person to
4the facility shall describe the circumstances of the matter to
5the attending physician and surgeon or osteopathic physician
6and surgeon. If the person is a peace officer, the peace
7officer may do so either in person or by written report.
8b. If the attending physician and surgeon or osteopathic
9physician and surgeon has reasonable grounds to believe that
10the circumstances in subsection 1 are applicable, the facility
11shall have the authority to detain the person for a period of
12no longer than twelve hours. Within twelve hours of detaining
13a person pursuant to this section, the attending physician
14shall communicate with the nearest available magistrate.
15c. Once contacted pursuant to paragraph “b”, the magistrate
16shall, based upon the circumstances described by the attending
17physician and surgeon or osteopathic physician and surgeon,
18give the attending physician and surgeon or osteopathic
19physician and surgeon oral instructions either directing that
20the person be released forthwith, or authorizing the person’s
21detention in an appropriate facility. The magistrate may also
22give oral instructions and order that the detained person be
23transported to an appropriate facility.
24d. If the magistrate orders that the person be detained, the
25magistrate shall, by the close of business on the next working
26day, file a written order with the clerk in the county where it
27is anticipated that an application may be filed under section
28125.75. The order may be filed by facsimile if necessary. The
29order shall state the circumstances under which the person was
30taken into custody or otherwise brought to a facility and the
31grounds supporting the finding of probable cause to believe
32that the person is a person with a substance-related substance
33use disorder likely to result in physical injury to the person
34or others if not detained. The order shall confirm the oral
35order authorizing the person’s detention including any order
-74-1given to transport the person to an appropriate facility. The
2clerk shall provide a copy of that order to the attending
3physician and surgeon or osteopathic physician and surgeon at
4the facility to which the person was originally taken, any
5subsequent facility to which the person was transported, and
6to any law enforcement department or ambulance service that
7transported the person pursuant to the magistrate’s order.
83. The attending physician and surgeon or osteopathic
9physician and surgeon shall examine and may detain the person
10pursuant to the magistrate’s order for a period not to exceed
11forty-eight hours from the time the order is dated, excluding
12Saturdays, Sundays, and holidays, unless the order is dismissed
13by a magistrate. The facility may provide treatment which is
14necessary to preserve the person’s life or to appropriately
15control the person’s behavior if the behavior is likely to
16result in physical injury to the person or others if allowed
17to continue or is otherwise deemed medically necessary by
18the attending physician and surgeon or osteopathic physician
19and surgeon or mental health professional, but shall not
20otherwise provide treatment to the person without the person’s
21consent. The person shall be discharged from the facility and
22released from detention no later than the expiration of the
23forty-eight-hour period, unless an application for involuntary
24commitment is filed with the clerk pursuant to section 125.75.
25The detention of a person by the procedure in this section, and
26not in excess of the period of time prescribed by this section,
27shall not render the peace officer, attending physician and
28surgeon or osteopathic physician and surgeon, or facility
29detaining the person liable in a criminal or civil action
30for false arrest or false imprisonment if the peace officer,
31attending physician and surgeon or osteopathic physician
32and surgeon, mental health professional, or facility had
33reasonable grounds to believe that the circumstances described
34in subsection 1 were applicable.
354. The cost of detention in a facility under the procedure
-75-1prescribed in this section shall be paid in the same way as if
2the person had been committed to the facility pursuant to an
3application filed under section 125.75.
4 Sec. 124. Section 125.93, Code 2023, is amended to read as
5follows:
6125.93 Commitment records — confidentiality.
7Records of the identity, diagnosis, prognosis, or treatment
8of a person which are maintained in connection with the
9provision of substance abuse use disorder treatment services
10are confidential, consistent with the requirements of section
11125.37, and with the federal confidentiality regulations
12authorized by the federal Drug Abuse Office and Treatment Act,
13 42 U.S.C. §290ee and the federal Comprehensive Alcohol Abuse
14and Alcoholism Prevention, Treatment and Rehabilitation Act, 42
15U.S.C. §290dd-2. However, such records may be disclosed to an
16employee of the department of corrections, if authorized by the
17director of the department of corrections, or to an employee
18of a judicial district department of correctional services, if
19authorized by the director of the judicial district department
20of correctional services.
21 Sec. 125. Section 135.1, Code 2023, is amended to read as
22follows:
23135.1 Definitions.
24For the purposes of chapter 155 and Title IV, subtitle 2,
25excluding chapter 146, unless otherwise defined:
261. “Director” shall mean means the director of public health
27and human services.
282. “Health officer” means the physician, physician
29assistant, advanced registered nurse practitioner, or advanced
30practice registered nurse who is the health officer of the
31local board of health.
323. “Local board” shall mean means the local board of health.
334. “Physician” means a person licensed to practice
34medicine and surgery, osteopathic medicine and surgery,
35chiropractic, podiatry, or optometry under the laws of this
-76-1state; but a person licensed as a physician and surgeon shall
2be designated as a “physician” or “surgeon”, a person licensed
3as an osteopathic physician and surgeon shall be designated
4as an “osteopathic physician” or “osteopathic surgeon”, a
5person licensed as a chiropractor shall be designated as a
6“chiropractor”, a person licensed as a podiatrist shall be
7designated as a “podiatric physician”, and a person licensed
8as an optometrist shall be designated as an “optometrist”. A
9definition or designation contained in this subsection shall
10not be interpreted to expand the scope of practice of such
11licensees.
125. “Rules” shall include regulations and orders.
136. “State department” or “department” shall mean means the
14Iowa department of public health and human services.
15 Sec. 126. Section 135.11, Code 2023, is amended to read as
16follows:
17135.11 Duties Public health duties of department.
18The director of public health shall be the head of the “Iowa
19Department of Public Health”, which department shall:
201. Exercise general supervision over the public health,
21promote public hygiene and sanitation, prevent substance abuse
22 use disorder and unless otherwise provided, enforce the laws
23relating to the same.
242. Conduct campaigns for the education of the people in
25hygiene and sanitation.
263. Issue monthly health bulletins containing fundamental
27health principles and other health data deemed of public
28interest.
294. Make investigations and surveys in respect to the
30causes of disease and epidemics, and the effect of locality,
31employment, and living conditions upon the public health. For
32this purpose the department may use the services of the experts
33connected with the state hygienic laboratory at the state
34university of Iowa.
355. Establish stations throughout the state for the
-77-1distribution of antitoxins and vaccines to physicians,
2druggists pharmacists, and other persons, at cost. All
3antitoxin and vaccine thus distributed shall be labeled “Iowa
4Department of Public Health and Human Services”.
56. Exercise general supervision over the administration and
6enforcement of the sexually transmitted diseases and infections
7law, chapter 139A, subchapter II.
87. Exercise sole jurisdiction over the disposal and
9transportation of the dead bodies of human beings and prescribe
10the methods to be used in preparing such bodies for disposal
11and transportation. However, the department may approve
12a request for an exception to the application of specific
13embalming and disposition rules adopted pursuant to this
14subsection if such rules would otherwise conflict with tenets
15and practices of a recognized religious denomination to which
16the deceased individual adhered or of which denomination the
17deceased individual was a member. The department shall inform
18the board of mortuary science of any such approved exception
19which may affect services provided by a funeral director
20licensed pursuant to chapter 156.
218. Establish, publish, and enforce rules which require
22companies, corporations, and other entities to obtain a permit
23from the department prior to scattering cremated human remains.
249. Exercise general supervision over the administration and
25enforcement of the vital statistics law, chapter 144.
2610. Enforce the law relative to chapter 146 and
27“Health-related Professions”, Title IV, subtitle 3, excluding
28chapter 155.
2911. Establish and maintain divisions as are necessary
30for the proper enforcement of the laws administered by the
31department.
3212. Establish, publish, and enforce rules not inconsistent
33with law for the enforcement of the provisions of chapter 125
34and 155, and Title IV, subtitle 2, excluding chapter 146 and
35for the enforcement of the various laws, the administration and
-78-1supervision of which are imposed upon the department.
213. 10. Administer healthy aging and essential public
3health services by approving grants of state funds to the local
4boards of health for the purposes of promoting healthy aging
5throughout the lifespan and enhancing health promotion and
6disease prevention services, and by providing guidelines for
7the approval of the grants and allocation of the state funds.
8Guidelines, evaluation requirements and formula allocation
9procedures for the services shall be established by the
10department by rule.
1114. 11. Administer chapters 125, 136A, 136C, 139A, 142,
12142A, 144, and 147A.
1315. Issue an annual report to the governor as provided in
14section 7E.3, subsection 4.
1516. 12. Consult with the office of statewide clinical
16education programs at the university of Iowa college of
17medicine and annually submit a report to the general assembly
18by January 15 verifying the number of physicians in active
19practice in Iowa by county who are engaged in providing
20obstetrical care. To the extent data are readily available,
21the report shall include information concerning the number
22of deliveries per year by specialty and county, the age of
23physicians performing deliveries, and the number of current
24year graduates of the university of Iowa college of medicine
25and the Des Moines university — osteopathic medical center
26entering into residency programs in obstetrics, gynecology,
27and family practice. The report may include additional
28data relating to access to obstetrical services that may be
29available.
3017. 13. Administer the statewide maternal and child health
31program and the program for children with disabilities by
32conducting mobile and regional child health specialty clinics
33and conducting other activities to improve the health of
34low-income women and children and to promote the welfare of
35children with actual or potential conditions which may cause
-79-1disabilities and children with chronic illnesses in accordance
2with the requirements of Tit.V of the federal Social Security
3Act. The department shall provide technical assistance to
4encourage the coordination and collaboration of state agencies
5in developing outreach centers which provide publicly supported
6services for pregnant women, infants, and children. The
7department shall also, through cooperation and collaborative
8agreements with the department of human services and the
9 mobile and regional child health specialty clinics, establish
10common intake proceedings for maternal and child health
11services. The department shall work in cooperation with the
12legislative services agency in monitoring the effectiveness of
13the maternal and child health centers, including the provision
14of transportation for patient appointments and the keeping of
15scheduled appointments.
1618. 14. Establish, publish, and enforce rules requiring
17prompt reporting of methemoglobinemia, pesticide poisoning, and
18the reportable poisonings and illnesses established pursuant
19to section 139A.21.
2019. 15. Collect and maintain reports of pesticide
21poisonings and other poisonings, illnesses, or injuries
22caused by selected chemical or physical agents,
23including methemoglobinemia and pesticide and fertilizer
24hypersensitivity; and compile and publish, annually, a
25statewide and county-by-county profile based on the reports.
2620. 16. Adopt rules which require personnel of a licensed
27hospice, of a homemaker-home health aide provider agency
28which receives state homemaker-home health aide funds, or of
29an agency which provides respite care services and receives
30funds to complete training concerning blood-borne pathogens,
31including human immunodeficiency virus and viral hepatitis,
32consistent with standards from the federal occupational safety
33and health administration.
3421. 17. Adopt rules which require all emergency medical
35services personnel, fire fighters, and law enforcement
-80-1personnel to complete training concerning blood-borne
2pathogens, including human immunodeficiency virus and
3viral hepatitis, consistent with standards from the federal
4occupational safety and health administration.
522. 18. Adopt rules which provide for the testing of a
6convicted or alleged offender for the human immunodeficiency
7virus pursuant to sections 915.40 through 915.43. The rules
8shall provide for the provision of counseling, health care, and
9support services to the victim.
1023. 19. Establish ad hoc and advisory committees to the
11director in areas where technical expertise is not otherwise
12readily available. Members may be compensated for their actual
13and necessary expenses incurred in the performance of their
14duties. To encourage health consumer participation, public
15members may also receive a per diem as specified in section
167E.6 if funds are available and the per diem is determined
17to be appropriate by the director. Expense moneys paid to
18the members shall be paid from funds appropriated to the
19department. A majority of the members of such a committee
20constitutes a quorum.
2124. 20. Administer annual grants to county boards of health
22for the purpose of conducting programs for the testing of
23private water supply wells, the closing of abandoned private
24water supply wells, and the renovation or rehabilitation of
25private water supply wells. Grants shall be funded through
26moneys transferred to the department from the agriculture
27management account of the groundwater protection fund pursuant
28to section 455E.11, subsection 2, paragraph “b”, subparagraph
29(2), subparagraph division (b). The department shall adopt
30rules relating to the awarding of the grants.
3125. 21. Establish and administer, if sufficient funds
32are available to the department, a program to assess and
33forecast health workforce supply and demand in the state for
34the purpose of identifying current and projected workforce
35needs. The program may collect, analyze, and report data that
-81-1furthers the purpose of the program. The program shall not
2release information that permits identification of individual
3respondents of program surveys.
426. 22. In consultation with the advisory committee for
5perinatal guidelines, develop and maintain the statewide
6perinatal program based on the recommendations of the American
7academy of pediatrics and the American college of obstetricians
8and gynecologists contained in the most recent edition of
9the guidelines for perinatal care, and shall adopt rules in
10accordance with chapter 17A to implement those recommendations.
11Hospitals within the state shall determine whether to
12participate in the statewide perinatal program, and select the
13hospital’s level of participation in the program. A hospital
14having determined to participate in the program shall comply
15with the guidelines appropriate to the level of participation
16selected by the hospital. Perinatal program surveys and
17reports are privileged and confidential and are not subject to
18discovery, subpoena, or other means of legal compulsion for
19their release to a person other than the affected hospital, and
20are not admissible in evidence in a judicial or administrative
21proceeding other than a proceeding involving verification of
22the participating hospital under this subsection.
2327. 23. In consultation with the department of corrections,
24the antibiotic resistance task force, and the American
25federation of state, county and municipal employees, develop
26educational programs to increase awareness and utilization of
27infection control practices in institutions listed in section
28904.102.
2928. 24. Administer the Iowa youth survey, in collaboration
30with other state agencies, as appropriate, every two years to
31students in grades six, eight, and eleven in Iowa’s public
32and nonpublic schools. Survey data shall be evaluated and
33reported, with aggregate data available online at the Iowa
34youth survey internet site.
35 Sec. 127. Section 135.14, Code 2023, is amended to read as
-82-1follows:
2135.14 State public health dental director — duties program.
31. The position of state public health dental director is
4established within the department.
52. The dental director department shall perform all of the
6following duties:
7a. 1. Plan and direct all work activities of the statewide
8public health dental program.
9b. 2. Develop comprehensive dental initiatives for
10prevention activities.
11c. 3. Evaluate the effectiveness of the statewide public
12health dental program and of program personnel.
13d. Manage the oral and health delivery systems bureau
14including direction, supervision, and fiscal management of
15bureau staff.
16e. 4. Other related work as required.
17 Sec. 128. Section 135.15, Code 2023, is amended to read as
18follows:
19135.15 Oral and health delivery systems bureau established —
20responsibilities.
21An oral and health delivery systems bureau is established
22within the division of health promotion and chronic disease
23prevention of the department. The bureau department shall be
24responsible for all of the following:
251. Providing population-based oral health services,
26including public health training, improvement of dental support
27systems for families, technical assistance, awareness-building
28activities, and educational services, at the state and local
29level to assist Iowans in maintaining optimal oral health
30throughout all stages of life.
312. Performing infrastructure building and enabling services
32through the administration of state and federal grant programs
33targeting access improvement, prevention, and local oral
34health programs utilizing maternal and child health programs,
35Medicaid, and other new or existing programs.
-83- 13. Leveraging federal, state, and local resources for
2programs under the purview of the bureau department.
34. Facilitating ongoing strategic planning and application
4of evidence-based research in oral health care policy
5development that improves oral health care access and the
6overall oral health of all Iowans.
75. Developing and implementing an ongoing oral health
8surveillance system for the evaluation and monitoring of
9the oral health status of children and other underserved
10populations.
116. Facilitating the provision of oral health services
12through dental homes. For the purposes of this section,
13“dental home” means a network of individualized care based on
14risk assessment, which includes oral health education, dental
15screenings, preventive services, diagnostic services, treatment
16services, and emergency services.
17 Sec. 129. Section 135.16A, subsection 2, Code 2023, is
18amended to read as follows:
192. a. The department of inspections and appeals shall
20assist the Iowa department of public health in adopting rules
21necessary to implement and administer this section.
22b. If necessary to implement, administer, and enforce this
23section, the Iowa department of public health, in cooperation
24with the department of agriculture and land stewardship, shall
25submit a request to the United States department of agriculture
26for a waiver or other exception from regulations as deemed
27feasible by the Iowa department of public health. The Iowa
28 department of public health shall regularly report the status
29of such request to the legislative services agency.
30 Sec. 130. Section 135.22A, subsection 2, Code 2023, is
31amended to read as follows:
322. The advisory council on brain injuries is established.
33The following persons or their designees shall serve as ex
34officio, nonvoting members of the council:
35a. The director of public health and human services or the
-84-1director’s designee.
2b. The director of human services and any division
3administrators of the department of human services so assigned
4by the director.
5c. b. The director of the department of education.
6d. c. The chief of the special education bureau of the
7department of education.
8e. d. The administrator of the division of vocational
9rehabilitation services of the department of education
10 workforce development.
11f. e. The director of the department for the blind.
12 Sec. 131. 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
-85-1concerning 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
-86-1assessment.
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. 132. Section 135.24, subsection 2, unnumbered
10paragraph 1, Code 2023, is amended to read as follows:
11The department, in consultation with the department of human
12services, shall adopt rules to implement the volunteer health
13care provider program which shall include the following:
14 Sec. 133. Section 135.24A, Code 2023, is amended to read as
15follows:
16135.24A Free clinics — volunteer record check.
171. For purposes of this section, “free clinic” means a free
18clinic as defined in section 135.24 that is also a network
19of free clinics in this state that offers operational and
20collaborative opportunities to free clinics.
212. Persons who are potential volunteers or volunteers in
22a free clinic in a position having direct individual contact
23with patients of the free clinic shall be subject to criminal
24history and child and dependent adult abuse record checks in
25accordance with this section. The free clinic shall request
26that the department of public safety perform the criminal
27history check and the record check evaluation system of the
28 department of health and human services perform child and
29dependent adult abuse record checks of the person in this state
30and may request these checks in other states.
313. A free clinic subject to this section shall establish
32an evaluation process to determine whether a crime of founded
33child or dependent adult abuse warrants prohibition of the
34person’s participation as a volunteer in the free clinic.
35The evaluation process shall not be less stringent than
-87-1the evaluation process performed by the department of human
2services record check evaluation system and shall be approved
3by the department of human services.
4 Sec. 134. Section 135.25, Code 2023, is amended to read as
5follows:
6135.25 Emergency medical services fund.
7An emergency medical services fund is created in the state
8treasury under the control of the department. The fund
9includes, but is not limited to, amounts appropriated by the
10general assembly, amounts transferred pursuant to section
11602.8108, subsection 4, and other moneys available from
12federal or private sources which are to be used for purposes
13of this section. Funds remaining in the fund at the end of
14each fiscal year shall not revert to the general fund of the
15state but shall remain in the emergency medical services fund,
16notwithstanding section 8.33. The fund is established to
17assist counties by matching, on a dollar-for-dollar basis,
18moneys spent by a county for the acquisition of equipment for
19the provision of emergency medical services and by providing
20grants to counties for education and training in the delivery
21of emergency medical services, as provided in this section and
22section 422D.6. A county seeking matching funds under this
23section shall apply to the emergency medical services division
24of the department. The department shall adopt rules concerning
25the application and awarding process for the matching funds and
26the criteria for the allocation of moneys in the fund if the
27moneys are insufficient to meet the emergency medical services
28needs of the counties. Moneys allocated by the department to a
29county for emergency medical services purposes may be used for
30equipment or training and education as determined by the board
31of supervisors pursuant to section 422D.6.
32 Sec. 135. Section 135.36, Code 2023, is amended to read as
33follows:
34135.36 Interference with health department officer —
35penalties.
-88- 1Any person resisting or interfering with the department, its
2employees, or authorized agents, in the discharge of any duty
3imposed by law shall be guilty of a simple misdemeanor.
4 Sec. 136. Section 135.39, Code 2023, is amended to read as
5follows:
6135.39 Federal aid.
7The state department of public health is hereby authorized
8to may accept financial aid from the government of the United
9States for the purpose of assisting in carrying on public
10health or substance abuse use disorder responsibility in the
11state of Iowa.
12 Sec. 137. Section 135.39B, subsection 3, Code 2023, is
13amended to read as follows:
143. The prohibition under this section shall not apply to
15early childhood immunizations for influenza or in times of
16emergency or epidemic as determined by the director of public
17health. If an emergency or epidemic is determined to exist
18by the director of public health under this subsection, the
19director of public health shall notify the state board of
20 council on health and human services, the governor, and the
21legislative council, and shall notify the public upon request.
22 Sec. 138. Section 135.39E, Code 2023, is amended to read as
23follows:
24135.39E Fluoridation in public water supply — notice of
25discontinuance.
261. At least ninety days prior to taking any action to
27permanently discontinue fluoridation in its water supply, an
28owner or operator of a public water supply system, as defined
29in section 455B.171, shall provide notice to the oral and
30health delivery systems bureau established in section 135.15
31department and the public water supply system’s customers.
322. In order to provide notice to its customers, the owner or
33operator of the public water supply system shall place a notice
34on each customer’s water bill or provide notice in a way that
35is reasonably calculated so that all customers will receive the
-89-1notice.
23. Section 135.38 does not apply to violations of this
3section.
4 Sec. 139. Section 135.43, Code 2023, is amended to read as
5follows:
6135.43 Iowa child death review team established — duties.
71. An Iowa child death review team is established as part
8of the office of the state medical examiner in the department.
9The office of the state medical examiner department shall
10provide staffing and administrative support to the team.
112. The membership of the review team is subject to the
12provisions of sections 69.16 and 69.16A, relating to political
13affiliation and gender balance. Review team members who
14are not designated by another appointing authority shall be
15appointed by the state medical examiner director. Membership
16terms shall be for three years. A membership vacancy shall be
17filled in the same manner as the original appointment. The
18review team shall elect a chairperson and other officers as
19deemed necessary by the review team. The review team shall
20meet upon the call of the state medical examiner director or as
21determined by the review team. The review team shall include
22the following:
23a. The state medical examiner or the state medical
24examiner’s designee.
25b. A certified or licensed professional who is knowledgeable
26concerning sudden infant death syndrome.
27c. A pediatrician who is knowledgeable concerning deaths of
28children.
29d. A family practice physician who is knowledgeable
30concerning deaths of children.
31e. One mental health professional who is knowledgeable
32concerning deaths of children.
33f. One social worker who is knowledgeable concerning deaths
34of children.
35g. A certified or licensed professional who is knowledgeable
-90-1concerning domestic violence.
2h. A professional who is knowledgeable concerning substance
3abuse use disorder.
4i. A local law enforcement official.
5j. A county attorney.
6k. An emergency room nurse who is knowledgeable concerning
7the deaths of children.
8l. A perinatal expert.
9m. A representative of the health insurance industry.
10n. One other member who is appointed at large.
113. The review team shall perform the following duties:
12a. Collect, review, and analyze child death certificates and
13child death data, including patient records or other pertinent
14confidential information concerning the deaths of children
15under age eighteen, and other information as the review team
16deems appropriate for use in preparing an annual report to the
17governor and the general assembly concerning the causes and
18manner of child deaths. The report shall include analysis of
19factual information obtained through review and recommendations
20regarding prevention of child deaths.
21b. Recommend to the governor and the general assembly
22interventions to prevent deaths of children based on an
23analysis of the cause and manner of such deaths.
24c. Recommend to the agencies represented on the review team
25changes which may prevent child deaths.
26d. Except as authorized by this section, maintain the
27confidentiality of any patient records or other confidential
28information reviewed.
29e. Recommend to the department of human services,
30appropriate law enforcement agencies, and any other person
31involved with child protection, interventions that may prevent
32harm to a child who is related to or is living in the same home
33as a child whose case is reviewed by the team.
34f. If the sharing of information is necessary to assist in
35or initiate a child death investigation or criminal prosecution
-91-1and the office or agency receiving the information does not
2otherwise have access to the information, share information
3possessed by the review team with the office of the attorney
4general, a county attorney’s office, or an appropriate
5law enforcement agency. The office or agency receiving
6the information shall maintain the confidentiality of the
7information in accordance with this section. Unauthorized
8release or disclosure of the information received is subject to
9penalty as provided in this section.
10g. In order to assist a division of the department in
11performing the division’s department’s duties, if the division
12 department does not otherwise have access to the information,
13share information possessed by the review team. The division
14receiving recipient of the information shall maintain the
15confidentiality of the information in accordance with this
16section. Unauthorized release or disclosure of the information
17received is subject to penalty as provided in this section.
184. The review team department shall develop protocols for a
19child fatality review committee, to be appointed by the state
20medical examiner director on an ad hoc basis, to immediately
21review the child abuse assessments which involve the fatality
22of a child under age eighteen. The state medical examiner
23 director shall appoint a medical examiner, a pediatrician, and
24a person involved with law enforcement to the committee.
25a. The purpose of the review shall be to determine
26whether the department of human services and others involved
27with the case of child abuse responded appropriately. The
28protocols shall provide for the committee to consult with any
29multidisciplinary team, as defined in section 235A.13, that
30is operating in the area in which the fatality occurred. The
31protocols shall also ensure that a member of the child fatality
32review committee does not have a conflict of interest regarding
33the child fatality under review.
34b. The committee shall have access to patient records
35and other pertinent confidential information and, subject to
-92-1the restrictions in this subsection, may redisseminate the
2confidential information in the committee’s report.
3c. Upon completion of the review, the committee shall issue
4a report which shall include findings concerning the case and
5recommendations for changes to prevent child fatalities when
6similar circumstances exist. The report shall include but
7is not limited to the following information, subject to the
8restrictions listed in paragraph “d”:
9(1) The dates, outcomes, and results of any actions taken by
10the department of human services and others in regard to each
11report and allegation of child abuse involving the child who
12died.
13(2) The results of any review of the case performed by a
14multidisciplinary team, or by any other public entity that
15reviewed the case.
16(3) Confirmation of receipt by the department of human
17services of any report of child abuse involving the child,
18including confirmation as to whether or not any assessment
19involving the child was performed in accordance with section
20232.71B, the results of any assessment, a description of the
21most recent assessment and the services offered to the family,
22the services rendered to the family, and the basis for the
23department’s decisions concerning the case.
24d. Prior to issuing the report, the committee shall consult
25with the county attorney responsible for prosecution of the
26alleged perpetrator of the child fatality. The committee’s
27report shall include child abuse information associated with
28the case and the child, but is subject to the restrictions
29applicable to the department of human services for release of
30information concerning a child fatality or near fatality in
31accordance with section 235A.15, subsection 9.
32e. Following the completion of the trial of any alleged
33perpetrator of the child fatality and the appeal period
34for the granting of a new trial, the committee shall issue
35a supplemental report containing the information that was
-93-1withheld, in accordance with paragraph “d”, so as not to
2jeopardize the prosecution or the rights of the alleged
3perpetrator to a fair trial as described in section 235A.15,
4subsection 9, paragraphs “e” and “f”.
5f. The report and any supplemental report shall be submitted
6to the governor and general assembly.
7g. If deemed appropriate by the committee, at any point
8in the review the committee may recommend to the department
9of human services, appropriate law enforcement agencies, and
10any other person involved with child protection, interventions
11that may prevent harm to a child who is related to or is living
12in the same home as a child whose case is reviewed by the
13committee.
145. a. The following individuals shall designate a liaison
15to assist the review team in fulfilling its responsibilities:
16(1) The director of public health and human services.
17(2) The director of human services.
18(3) (2) The commissioner of public safety.
19(4) (3) The attorney general.
20(5) (4) The director of transportation.
21(6) (5) The director of the department of education.
22b. In addition, the chairperson of the review team
23 department shall designate a liaison from the public at large
24to assist the review team in fulfilling its responsibilities.
256. The review team may establish subcommittees to which the
26team may delegate some or all of the team’s responsibilities
27under subsection 3.
287. a. The state medical examiner, the Iowa department
29of public health, and the department of human services shall
30adopt rules providing for disclosure of information which is
31confidential under chapter 22 or any other provision of state
32law, to the review team for purposes of performing its child
33death and child abuse review responsibilities.
34b. A person in possession or control of medical,
35investigative, assessment, or other information pertaining to a
-94-1child death and child abuse review shall allow the inspection
2and reproduction of the information by the office of the state
3medical examiner department upon the request of the office
4 department, to be used only in the administration and for
5the duties of the Iowa child death review team. Except as
6provided for a report on a child fatality by an ad hoc child
7fatality review committee under subsection 4, information and
8records produced under this section which are confidential
9under section 22.7 and chapter 235A, and information or records
10received from the confidential records, remain confidential
11under this section. A person does not incur legal liability
12by reason of releasing information to the department or the
13office of the state medical examiner as required under and in
14compliance with this section.
158. Review team members and their agents are immune from any
16liability, civil or criminal, which might otherwise be incurred
17or imposed as a result of any act, omission, proceeding,
18decision, or determination undertaken or performed, or
19recommendation made as a review team member or agent provided
20that the review team members or agents acted in good faith
21and without malice in carrying out their official duties in
22their official capacity. The state medical examiner department
23 shall adopt rules pursuant to chapter 17A to administer
24this subsection. A complainant bears the burden of proof in
25establishing malice or lack of good faith in an action brought
26against review team members involving the performance of their
27duties and powers under this section.
289. A person who releases or discloses confidential data,
29records, or any other type of information in violation of this
30section is guilty of a serious misdemeanor.
31 Sec. 140. Section 135.61, subsection 12, Code 2023, is
32amended to read as follows:
3312. “Health services” means clinically related diagnostic,
34curative, or rehabilitative services, and includes alcoholism,
35drug abuse, substance use disorder and mental health services.
-95-1 Sec. 141. Section 135.100, subsection 1, Code 2023, is
2amended to read as follows:
31. “Department” means the Iowa department of public health
4and human services.
5 Sec. 142. Section 135.101, Code 2023, is amended to read as
6follows:
7135.101 Childhood lead poisoning prevention program.
8There is established a childhood lead poisoning prevention
9program within the Iowa department of public health. The
10department shall implement and review programs necessary to
11eliminate potentially dangerous toxic lead levels in children
12in Iowa in a year for which funds are appropriated to the
13department for this purpose.
14 Sec. 143. Section 135.106, subsection 1, unnumbered
15paragraph 1, Code 2023, is amended to read as follows:
16The Iowa department of public health shall establish a
17healthy opportunities for parents to experience success (HOPES)
18– healthy families Iowa (HFI) program to provide services to
19families and children during the prenatal through preschool
20years. The program shall be designed to do all of the
21following:
22 Sec. 144. Section 135.106, subsection 2, unnumbered
23paragraph 1, Code 2023, is amended to read as follows:
24The HOPES-HFI program shall be developed by the Iowa
25 department of public health, and may be implemented, in
26whole or in part, by contracting with a nonprofit child
27abuse prevention organization, local nonprofit certified home
28health program or other local nonprofit organizations, and
29shall include, but is not limited to, all of the following
30components:
31 Sec. 145. Section 135.106, subsection 3, Code 2023, is
32amended to read as follows:
333. It is the intent of the general assembly to provide
34communities with the discretion and authority to redesign
35existing local programs and services targeted at and assisting
-96-1families expecting babies and families with children who
2are newborn through five years of age. The Iowa department
3of public health, department of human services, department
4of education, and other state agencies and programs, as
5appropriate, shall provide technical assistance and support
6to communities desiring to redesign their local programs and
7shall facilitate the consolidation of existing state funding
8appropriated and made available to the community for family
9support services. Funds which are consolidated in accordance
10with this subsection shall be used to support the redesigned
11service delivery system. In redesigning services, communities
12are encouraged to implement a single uniform family risk
13assessment mechanism and shall demonstrate the potential for
14improved outcomes for children and families. Requests by
15local communities for the redesigning of services shall be
16submitted to the Iowa department of public health, department
17of human services, and the department of education, and are
18subject to the approval of the early childhood Iowa state board
19in consultation with the departments, based on the practices
20utilized with early childhood Iowa areas under chapter 256I.
21 Sec. 146. Section 135.107, Code 2023, is amended to read as
22follows:
23135.107 Center for rural Rural health and primary care
24established — duties.
251. The center for rural health and primary care is
26established within the department.
272. 1. The center for rural health and primary care
28 department shall do all of the following:
29a. Provide technical planning assistance to rural
30communities and counties exploring innovative means of
31delivering rural health services through community health
32services assessment, planning, and implementation, including
33but not limited to hospital conversions, cooperative agreements
34among hospitals, physician and health practitioner support,
35recruitment and retention of primary health care providers,
-97-1public health services, emergency medical services, medical
2assistance facilities, rural health care clinics, and
3alternative means which may be included in the long-term
4community health services assessment and developmental plan.
5The center for rural health and primary care department
6 shall encourage collaborative efforts of the local boards of
7health, hospital governing boards, and other public and private
8entities located in rural communities to adopt a long-term
9community health services assessment and developmental plan
10pursuant to rules adopted by the department and perform the
11duties required of the Iowa department of public health in
12section 135B.33.
13b. Provide technical assistance to assist rural communities
14in improving Medicare reimbursements through the establishment
15of rural health clinics, defined pursuant to 42 U.S.C. §1395x,
16and distinct part skilled nursing facility beds.
17c. Coordinate services to provide research for the following
18items:
19(1) Examination of the prevalence of rural occupational
20health injuries in the state.
21(2) Assessment of training and continuing education
22available through local hospitals and others relating to
23diagnosis and treatment of diseases associated with rural
24occupational health hazards.
25(3) Determination of continuing education support necessary
26for rural health practitioners to diagnose and treat illnesses
27caused by exposure to rural occupational health hazards.
28(4) Determination of the types of actions that can help
29prevent agricultural accidents.
30(5) Surveillance and reporting of disabilities suffered
31by persons engaged in agriculture resulting from diseases
32or injuries, including identifying the amount and severity
33of agricultural-related injuries and diseases in the state,
34identifying causal factors associated with agricultural-related
35injuries and diseases, and indicating the effectiveness of
-98-1intervention programs designed to reduce injuries and diseases.
2d. Cooperate with the center for agricultural safety and
3health established under section 262.78, the center for health
4effects of environmental contamination established under
5section 263.17, and the department of agriculture and land
6stewardship. The agencies shall coordinate programs to the
7extent practicable.
8e. Administer grants for farm safety education efforts
9directed to rural families for the purpose of preventing
10farm-related injuries to children.
113. 2. The center for rural health and primary care
12 department shall establish a primary care provider recruitment
13and retention endeavor, to be known as PRIMECARRE. The
14endeavor shall include a health care workforce and community
15support grant program and a primary care provider loan
16repayment program. The endeavor shall be developed and
17implemented in a manner to promote and accommodate local
18creativity in efforts to recruit and retain health care
19professionals to provide services in the locality. The
20focus of the endeavor shall be to promote and assist local
21efforts in developing health care provider recruitment and
22retention programs. The center for rural health and primary
23care department may enter into an agreement with the college
24student aid commission for the administration of the center’s
25 department’s grant and loan repayment programs.
26a. Health care workforce and community support grant program.
27(1) The center for rural health and primary care department
28 shall adopt rules establishing flexible application processes
29based upon the department’s strategic plan to be used by the
30center department to establish a grant assistance program as
31provided in this paragraph “a”, and establishing the criteria
32to be used in evaluating the applications. Selection criteria
33shall include a method for prioritizing grant applications
34based on illustrated efforts to meet the health care provider
35needs of the locality and surrounding area. Such assistance
-99-1may be in the form of a forgivable loan, grant, or other
2nonfinancial assistance as deemed appropriate by the center
3 department. An application submitted may contain a commitment
4of matching funds for the grant assistance. Application may
5be made for assistance by a single community or group of
6communities or in response to programs recommended in the
7strategic plan to address health workforce shortages.
8(2) Grants awarded under the program shall be awarded
9to rural, underserved areas or special populations as
10identified by the department’s strategic plan or evidence-based
11documentation.
12b. Primary care provider loan repayment program.
13(1) A primary care provider loan repayment program is
14established to increase the number of health professionals
15practicing primary care in federally designated health
16professional shortage areas of the state. Under the program,
17loan repayment may be made to a recipient for educational
18expenses incurred while completing an accredited health
19education program directly related to obtaining credentials
20necessary to practice the recipient’s health profession.
21(2) The center for rural health and primary care
22 department shall adopt rules relating to the establishment and
23administration of the primary care provider loan repayment
24program. Rules adopted pursuant to this paragraph shall
25provide, at a minimum, for all of the following:
26(a) Determination of eligibility requirements and
27qualifications of an applicant to receive loan repayment under
28the program, including but not limited to years of obligated
29service, clinical practice requirements, and residency
30requirements. One year of obligated service shall be provided
31by the applicant in exchange for each year of loan repayment,
32unless federal requirements otherwise require. Loan repayment
33under the program shall not be approved for a health provider
34whose license or certification is restricted by a medical
35regulatory authority of any jurisdiction of the United States,
-100-1other nations, or territories.
2(b) Identification of federally designated health
3professional shortage areas of the state and prioritization of
4such areas according to need.
5(c) Determination of the amount and duration of the loan
6repayment an applicant may receive, giving consideration to the
7availability of funds under the program, and the applicant’s
8outstanding educational loans and professional credentials.
9(d) Determination of the conditions of loan repayment
10applicable to an applicant.
11(e) Enforcement of the state’s rights under a loan repayment
12program contract, including the commencement of any court
13action.
14(f) Cancellation of a loan repayment program contract for
15reasonable cause unless federal requirements otherwise require.
16(g) Participation in federal programs supporting repayment
17of loans of health care providers and acceptance of gifts,
18grants, and other aid or amounts from any person, association,
19foundation, trust, corporation, governmental agency, or other
20entity for the purposes of the program.
21(h) Upon availability of state funds, determination of
22eligibility criteria and qualifications for participating
23communities and applicants not located in federally designated
24shortage areas.
25(i) Other rules as necessary.
264. 3. a. Eligibility under any of the programs established
27under the primary care provider recruitment and retention
28endeavor shall be based upon a community health services
29assessment completed under subsection 2, paragraph “a”.
30Participation in a community health services assessment process
31shall be documented by the community or region.
32b. Assistance under this subsection shall not be granted
33until such time as the community or region making application
34has completed a community health services assessment and
35adopted a long-term community health services assessment and
-101-1developmental plan. In addition to any other requirements, an
2applicant’s plan shall include, to the extent possible, a clear
3commitment to informing high school students of the health care
4opportunities which may be available to such students.
5c. The center for rural health and primary care department
6 shall seek additional assistance and resources from other state
7departments and agencies, federal agencies and grant programs,
8private organizations, and any other person, as appropriate.
9The center department is authorized and directed to accept
10on behalf of the state any grant or contribution, federal or
11otherwise, made to assist in meeting the cost of carrying out
12the purpose of this subsection. All federal grants to and the
13federal receipts of the center department are appropriated
14for the purpose set forth in such federal grants or receipts.
15Funds appropriated by the general assembly to the center
16 department for implementation of this subsection shall first
17be used for securing any available federal funds requiring a
18state match, with remaining funds being used for the health
19care workforce and community support grant program.
20d. The center for rural health and primary care department
21 may, to further the purposes of this subsection, provide
22financial assistance in the form of grants to support
23the effort of a community which is clearly part of the
24community’s long-term community health services assessment
25and developmental plan. Efforts for which such grants may
26be awarded include but are not limited to the procurement of
27clinical equipment, clinical facilities, and telecommunications
28facilities, and the support of locum tenens arrangements and
29primary care provider mentor programs.
30 Sec. 147. Section 135.108, subsections 1 and 2, Code 2023,
31are amended to read as follows:
321. “Department” means the Iowa department of public health
33and human services.
342. “Director” means the director of public health and human
35services.
-102-1 Sec. 148. Section 135.109, Code 2023, is amended to read as
2follows:
3135.109 Iowa domestic abuse death review team membership.
41. An Iowa domestic abuse death review team is established
5as an independent agency of state government in the department.
62. The department shall provide staffing and administrative
7support to the team.
83. The team shall include the following members:
9a. The state medical examiner or the state medical
10examiner’s designee.
11b. A licensed physician, physician assistant, or nurse who
12is knowledgeable concerning domestic abuse injuries and deaths,
13including suicides.
14c. A licensed mental health professional who is
15knowledgeable concerning domestic abuse.
16d. A representative or designee of the Iowa coalition
17against domestic violence.
18e. A certified or licensed professional who is knowledgeable
19concerning substance abuse use disorder.
20f. A law enforcement official who is knowledgeable
21concerning domestic abuse.
22g. A law enforcement investigator experienced in domestic
23abuse investigation.
24h. An attorney experienced in prosecuting domestic abuse
25cases.
26i. A judicial officer appointed by the chief justice of the
27supreme court.
28j. A clerk of the district court appointed by the chief
29justice of the supreme court.
30k. An employee or subcontractor of the department of
31corrections who is a trained batterers’ education program
32facilitator.
33l. An attorney licensed in this state who provides criminal
34defense assistance or child custody representation, and who has
35experience in dissolution of marriage proceedings.
-103- 1m. Both a female and a male victim of domestic abuse.
2n. A family member of a decedent whose death resulted from
3domestic abuse.
44. The following individuals shall each designate a liaison
5to assist the team in fulfilling the team’s duties:
6a. The attorney general.
7b. The director of the Iowa department of corrections.
8c. The director of public health.
9d. c. The director of health and human services.
10e. d. The commissioner of public safety.
11f. The administrator of the bureau of vital records of the
12Iowa department of public health.
13g. e. The director of the department of education.
14h. f. The state court administrator.
15i. The director of the department of human rights.
16j. g. The director of the state law enforcement academy.
175. a. The director of public health, in consultation with
18the attorney general, shall appoint review team members who are
19not designated by another appointing authority.
20b. A membership vacancy shall be filled in the same manner
21as the original appointment.
22c. The membership of the review team is subject to the
23provisions of sections 69.16 and 69.16A, relating to political
24affiliation and gender balance.
25d. A member of the team may be reappointed to serve
26additional terms on the team, subject to the provisions of
27chapter 69.
286. Membership terms shall be three-year staggered terms.
297. Members of the team are eligible for reimbursement of
30actual and necessary expenses incurred in the performance of
31their official duties.
328. Team members and their agents are immune from any
33liability, civil or criminal, which might otherwise be incurred
34or imposed as a result of any act, omission, proceeding,
35decision, or determination undertaken or performed, or
-104-1recommendation made as a team member or agent provided that the
2team members or agents acted reasonably and in good faith and
3without malice in carrying out their official duties in their
4official capacity. A complainant bears the burden of proof
5in establishing malice or unreasonableness or lack of good
6faith in an action brought against team members involving the
7performance of their duties and powers.
8 Sec. 149. Section 135.118, subsection 1, Code 2023, is
9amended to read as follows:
101. A child protection center grant program is established
11in the Iowa department of public health in accordance with
12this section. The director of public health department shall
13establish requirements for the grant program and shall award
14grants. A grant may be used for establishment of a new center
15or for support of an existing center.
16 Sec. 150. Section 135.118, subsection 2, paragraph d, Code
172023, is amended to read as follows:
18d. As necessary to address serious cases of child abuse such
19as those involving sexual abuse, serious physical abuse, and
20substance abuse use disorder, a grantee must be able to involve
21or consult with persons from various professional disciplines
22who have training and expertise in addressing special types
23of child abuse. These persons may include but are not
24limited to physicians and other health care professionals,
25mental health professionals, social workers, child protection
26workers, attorneys, juvenile court officers, public health
27workers, child development experts, child educators, and child
28advocates.
29 Sec. 151. Section 135.118, subsection 3, Code 2023, is
30amended to read as follows:
313. The director shall create a committee to consider grant
32proposals and to make grant recommendations to the director.
33The committee membership may include but is not limited to
34representatives of the following: departments of health and
35 human services, and justice, and public health, Iowa medical
-105-1society, Iowa hospital association, Iowa nurses association,
2and an association representing social workers.
3 Sec. 152. Section 135.140, Code 2023, is amended to read as
4follows:
5135.140 Definitions.
6As used in this subchapter, unless the context otherwise
7requires:
81. “Bioterrorism” means the intentional use of any
9microorganism, virus, infectious substance, or biological
10product that may be engineered as a result of biotechnology,
11or any naturally occurring or bioengineered component of any
12such microorganism, virus, infectious substance, or biological
13product, to cause death, disease, or other biological
14malfunction in a human, an animal, a plant, or another living
15organism.
162. “Department” means the Iowa department of public health
17and human services.
183. “Director” means the director of public health and human
19services or the director’s designee.
204. “Disaster” means disaster as defined in section 29C.2.
215. “Division” means the division of acute disease prevention
22and emergency response of the department.
236. 5. “Public health disaster” means a state of disaster
24emergency proclaimed by the governor in consultation with the
25department pursuant to section 29C.6 for a disaster which
26specifically involves an imminent threat of an illness or
27health condition that meets any of the following conditions of
28paragraphs “a” and “b”:
29a. Is reasonably believed to be caused by any of the
30following:
31(1) Bioterrorism or other act of terrorism.
32(2) The appearance of a novel or previously controlled or
33eradicated infectious agent or biological toxin.
34(3) A chemical attack or accidental release.
35(4) An intentional or accidental release of radioactive
-106-1material.
2(5) A nuclear or radiological attack or accident.
3(6) A natural occurrence or incident, including but not
4limited to fire, flood, storm, drought, earthquake, tornado,
5or windstorm.
6(7) A man-made occurrence or incident, including but not
7limited to an attack, spill, or explosion.
8b. Poses a high probability of any of the following:
9(1) A large number of deaths in the affected population.
10(2) A large number of serious or long-term disabilities in
11the affected population.
12(3) Widespread exposure to an infectious or toxic agent that
13poses a significant risk of substantial future harm to a large
14number of the affected population.
15(4) Short-term or long-term physical or behavioral health
16consequences to a large number of the affected population.
177. 6. “Public health response team” means a team of
18professionals, including licensed health care providers,
19nonmedical professionals skilled and trained in disaster or
20emergency response, and public health practitioners, which is
21sponsored by a hospital or other entity and approved by the
22department to provide disaster assistance in the event of a
23disaster or threatened disaster.
24 Sec. 153. Section 135.141, Code 2023, is amended to read as
25follows:
26135.141 Division of Department duties related to acute
27disease prevention and emergency response — establishment —
28duties of department.
291. A division of acute disease prevention and emergency
30response is established within the department. The division
31 department shall coordinate the administration of this
32subchapter with other administrative divisions of the
33department and with federal, state, and local agencies and
34officials.
352. The department shall do all of the following:
-107- 1a. Coordinate with the department of homeland security and
2emergency management the administration of emergency planning
3matters which involve the public health, including development,
4administration, and execution of the public health components
5of the comprehensive emergency plan and emergency management
6program pursuant to section 29C.8.
7b. Coordinate with federal, state, and local agencies and
8officials, and private agencies, organizations, companies, and
9persons, the administration of emergency planning, response,
10and recovery matters that involve the public health.
11c. If a public health disaster exists, or if there is
12reasonable cause to believe that a public health disaster is
13imminent, conduct a risk assessment of any present or potential
14danger to the public health from chemical, radiological, or
15other potentially dangerous agents.
16d. For the purpose of paragraph “c”, an employee or agent
17of the department may enter into and examine any premises
18containing potentially dangerous agents with the consent of the
19owner or person in charge of the premises or, if the owner or
20person in charge of the premises refuses admittance, with an
21administrative search warrant obtained under section 808.14.
22Based on findings of the risk assessment and examination of the
23premises, the director may order reasonable safeguards or take
24any other action reasonably necessary to protect the public
25health pursuant to rules adopted to administer this subsection.
26e. Coordinate the location, procurement, storage,
27transportation, maintenance, and distribution of medical
28supplies, drugs, antidotes, and vaccines to prepare for or in
29response to a public health disaster, including receiving,
30distributing, and administering items from the strategic
31national stockpile program of the centers for disease control
32and prevention of the United States department of health and
33human services.
34f. Conduct or coordinate public information activities
35regarding emergency and disaster planning, response, and
-108-1recovery matters that involve the public health.
2g. Apply for and accept grants, gifts, or other funds to be
3used for programs authorized by this subchapter.
4h. Establish and coordinate other programs or activities
5as necessary for the prevention, detection, management, and
6containment of public health disasters, and for the recovery
7from such disasters.
8i. Adopt rules pursuant to chapter 17A for the
9administration of this subchapter including rules adopted in
10cooperation with the Iowa pharmacy association and the Iowa
11hospital association for the development of a surveillance
12system to monitor supplies of drugs, antidotes, and vaccines to
13assist in detecting a potential public health disaster. Prior
14to adoption, the rules shall be approved by the state board of
15health council on health and human services and the director of
16the department of homeland security and emergency management.
17 Sec. 154. Section 135.166, subsection 1, paragraph a, Code
182023, is amended to read as follows:
19a. The department of public health shall enter into a
20memorandum of understanding with the contractor selected
21through a request for proposals process to act as the
22department’s intermediary in collecting, maintaining, and
23disseminating hospital inpatient, outpatient, and ambulatory
24data, as initially authorized in 1996 Iowa Acts, ch.1212, §5,
25subsection 1, paragraph “a”, subparagraph (4), and 641 IAC
26177.3.
27 Sec. 155. Section 135.173A, Code 2023, is amended to read
28as follows:
29135.173A Child care advisory committee.
301. The early childhood stakeholders alliance shall
31establish a state child care advisory committee as part of the
32stakeholders alliance. The advisory committee shall advise
33and make recommendations to the governor, general assembly,
34department of human services, and other state agencies
35concerning child care.
-109- 12. The membership of the advisory committee shall consist of
2a broad spectrum of parents and other persons from across the
3state with an interest in or involvement with child care.
43. Except as otherwise provided, the voting members of
5the advisory committee shall be appointed by the stakeholders
6alliance from a list of names submitted by a nominating
7committee to consist of one member of the advisory committee,
8one member of the department of human services’ department’s
9 child care staff, three consumers of child care, and one member
10of a professional child care organization. Two names shall be
11submitted for each appointment. The voting members shall be
12appointed for terms of three years.
134. The voting membership of the advisory committee shall be
14appointed in a manner so as to provide equitable representation
15of persons with an interest in child care and shall include all
16of the following:
17a. Two parents of children served by a registered child
18development home.
19b. Two parents of children served by a licensed center.
20c. Two not-for-profit child care providers.
21d. Two for-profit child care providers.
22e. One child care home provider.
23f. Three child development home providers.
24g. One child care resource and referral service grantee.
25h. One nongovernmental child advocacy group representative.
26i. One designee of the department of human services.
27j. One designee of the Iowa department of public health.
28k. j. One designee of the department of education.
29l. k. One head start program provider.
30m. l. One person who is a business owner or executive
31officer from nominees submitted by the Iowa chamber of commerce
32executives.
33n. One designee of the early childhood Iowa office of the
34department of management.
35o. m. One person who is a member of the Iowa afterschool
-110-1alliance.
2p. n. One person who is part of a local program
3implementing the statewide preschool program for four-year-old
4children under chapter 256C.
5q. o. One person who represents the early childhood
6stakeholders alliance.
75. In addition to the voting members of the advisory
8committee, the membership shall include four legislators as
9ex officio, nonvoting members. The four legislators shall
10be appointed one each by the majority leader of the senate,
11the minority leader of the senate, the speaker of the house
12of representatives, and the minority leader of the house of
13representatives for terms as provided in section 69.16B.
146. In fulfilling the advisory committee’s role, the
15committee shall do all of the following:
16a. Consult with the department of human services and make
17recommendations concerning policy issues relating to child
18care.
19b. Advise the department of human services concerning
20services relating to child care, including but not limited to
21any of the following:
22(1) Resource and referral services.
23(2) Provider training.
24(3) Quality improvement.
25(4) Public-private partnerships.
26(5) Standards review and development.
27(6) The federal child care and development block grant,
28state funding, grants, and other funding sources for child
29care.
30c. Assist the department of human services in developing an
31implementation plan to provide seamless service to recipients
32of public assistance, which includes child care services.
33For the purposes of this subsection, “seamless service”
34means coordination, where possible, of the federal and state
35requirements which apply to child care.
-111- 1d. Advise and provide technical services to the director of
2the department of education or the director’s designee relating
3to prekindergarten, kindergarten, and before and after school
4programming and facilities.
5e. Make recommendations concerning child care expansion
6programs that meet the needs of children attending a core
7education program by providing child care before and after the
8core program hours and during times when the core program does
9not operate.
10f. Make recommendations for improving collaborations
11between the child care programs involving the department of
12human services and programs supporting the education and
13development of young children including but not limited to the
14federal head start program; the statewide preschool program for
15four-year-old children; and the early childhood, at-risk, and
16other early education programs administered by the department
17of education.
18g. Make recommendations for eliminating duplication and
19otherwise improving the eligibility determination processes
20used for the state child care assistance program and other
21programs supporting low-income families, including but not
22limited to the federal head start, early head start, and even
23start programs; the early childhood, at-risk, and preschool
24programs administered by the department of education; the
25family and self-sufficiency grant program; and the family
26investment program.
27h. Make recommendations as to the most effective and
28efficient means of managing the state and federal funding
29available for the state child care assistance program.
30i. Review program data from the department of human services
31 and other departments concerning child care as deemed to be
32necessary by the advisory committee, although a department
33shall not provide personally identifiable data or information.
34j. Advise and assist the early childhood stakeholders
35alliance in developing the strategic plan required pursuant to
-112-1section 256I.4, subsection 4.
27. The department of human services shall provide
3information to the advisory committee semiannually on all of
4the following:
5a. Federal, state, local, and private revenues and
6expenditures for child care including but not limited to
7updates on the current and future status of the revenues and
8expenditures.
9b. Financial information and data relating to regulation of
10child care by the department of human services and the usage of
11the state child care assistance program.
12c. Utilization and availability data relating to child care
13regulation, quantity, and quality from consumer and provider
14perspectives.
15d. Statistical and demographic data regarding child care
16providers and the families utilizing child care.
17e. Statistical data regarding the processing time for
18issuing notices of decision to state child care assistance
19applicants and for issuing payments to child care providers.
208. The advisory committee shall coordinate with the early
21childhood stakeholders alliance its reporting annually in
22December to the governor and general assembly concerning the
23status of child care in the state, providing findings, and
24making recommendations. The annual report may be personally
25presented to the general assembly’s standing committees on
26health and human resources services by a representative of the
27advisory committee.
28 Sec. 156. Section 135.175, subsection 6, paragraphs b and c,
29Code 2023, are amended to read as follows:
30b. State programs that may receive funding from the fund
31and the accounts in the fund, if specifically designated for
32the purpose of drawing down federal funding, are the primary
33care recruitment and retention endeavor (PRIMECARRE), the Iowa
34affiliate of the national rural recruitment and retention
35network, the oral and health delivery systems bureau dental
-113-1program of the department, the primary care office and
2shortage designation program, and the state office of rural
3health, administered through the oral and health delivery
4systems bureau of the department of public health; any entity
5identified by the federal government entity through which
6federal funding for a specified health care workforce shortage
7initiative is received; and a program developed in accordance
8with the strategic plan developed by the department of public
9health in accordance with section 135.163.
10c. Any federal funding received for the purposes of
11addressing state health care workforce shortages shall be
12deposited in the health care workforce shortage national
13initiatives account, unless otherwise specified by the source
14of the funds, and shall be used as required by the source of
15the funds. If use of the federal funding is not designated,
16the funds shall be used in accordance with the strategic plan
17developed by the department of public health in accordance with
18section 135.163, or to address workforce shortages as otherwise
19designated by the department of public health. Other sources
20of funding shall be deposited in the fund or account and used
21as specified by the source of the funding.
22 Sec. 157. Section 135.185, subsection 6, Code 2023, is
23amended to read as follows:
246. The department of public health, the board of medicine,
25the board of nursing, and the board of pharmacy shall adopt
26rules pursuant to chapter 17A to implement and administer this
27section, including but not limited to standards and procedures
28for the prescription, distribution, storage, replacement, and
29administration of epinephrine auto-injectors, and for training
30and authorization to be required for personnel authorized to
31administer epinephrine.
32 Sec. 158. Section 135.190, subsection 1, paragraph d, Code
332023, is amended to read as follows:
34d. “Person in a position to assist” means a family member,
35friend, caregiver, health care provider, employee of a
-114-1substance abuse use disorder treatment facility, school
2employee, or other person who may be in a place to render aid to
3a person at risk of experiencing an opioid-related overdose.
4 Sec. 159. Section 135.190A, subsection 6, Code 2023, is
5amended to read as follows:
66. The department shall submit a report to the
7co-chairpersons and ranking members of the joint appropriations
8subcommittee on the justice system and to the legislative
9services agency general assembly on or before December 31
10of each year which shall contain a list of deposits and
11expenditures from the fund for the prior fiscal year and the
12amount of carryover funds, if any, to be distributed in the
13next fiscal year.
14 Sec. 160. Section 135A.2, subsections 2 and 4, Code 2023,
15are amended to read as follows:
162. “Department” means the department of public health and
17human services.
184. “Governmental public health system” means local boards
19of health, the state board of council on health and human
20services, designated local public health agencies, the state
21hygienic laboratory, and the department.
22 Sec. 161. Section 135A.8, subsection 4, Code 2023, is
23amended to read as follows:
244. A local board of health seeking matching funds or grants
25under this section shall apply to the department. The state
26board of council on health and human services shall adopt rules
27concerning the application and award process for the allocation
28of moneys in the fund and shall establish the criteria for the
29allocation of moneys in the fund if the moneys are insufficient
30to meet the needs of local boards of health.
31 Sec. 162. Section 135A.9, unnumbered paragraph 1, Code
322023, is amended to read as follows:
33The state board of council on health and human services shall
34adopt rules pursuant to chapter 17A to implement this chapter
35which shall include but are not limited to the following:
-115-1 Sec. 163. Section 135B.7, subsection 1, paragraph a, Code
22023, is amended to read as follows:
3a. The department, with the approval of the state board of
4 council on health and human services, shall adopt rules setting
5out the standards for the different types of hospitals to be
6licensed under this chapter. The department shall enforce the
7rules.
8 Sec. 164. Section 135B.9, subsection 2, Code 2023, is
9amended to read as follows:
102. In the state resource centers and state mental health
11institutes operated by the department of health and human
12services, the designated protection and advocacy agency as
13provided in section 135C.2, subsection 4, shall have the
14authority to investigate all complaints of abuse and neglect
15of persons with developmental disabilities or mental illnesses
16if the complaints are reported to the protection and advocacy
17agency or if there is probable cause to believe that the abuse
18has occurred. Such authority shall include the examination of
19all records pertaining to the care provided to the residents
20and contact or interview with any resident, employee, or any
21other person who might have knowledge about the operation of
22the institution.
23 Sec. 165. Section 135B.33, subsection 1, unnumbered
24paragraph 1, Code 2023, is amended to read as follows:
25Subject to availability of funds, the Iowa department of
26public health and human services shall provide technical
27planning assistance to local boards of health and hospital
28governing boards to ensure access to hospital services in
29rural areas. The department shall encourage the local boards
30of health and hospital governing boards to adopt a long-term
31community health services and developmental plan including the
32following:
33 Sec. 166. Section 135B.34, Code 2023, is amended to read as
34follows:
35135B.34 Hospital employees — criminal history and abuse
-116-1record checks — penalty.
21. a. Prior to employment of a person in a hospital, the
3hospital shall do one of the following:
4(1) Request that the department of public safety perform a
5criminal history check and the record check evaluation system
6of the department of health and human services perform child
7and dependent adult abuse record checks of the person in this
8state.
9(2) Access the single contact repository to perform the
10required record checks.
11b. (1) If a hospital accesses the single contact repository
12to perform the required record checks pursuant to paragraph
13“a”, the hospital may utilize a third-party vendor to perform a
14comprehensive preliminary background check and provisionally
15employ a person being considered for employment pending
16completion of the required record checks through the single
17contact repository and the evaluation by the department of
18human services record check evaluation system, as applicable,
19subject to all of the following:
20(a) If the comprehensive preliminary background check
21determines that the person being considered for employment has
22been convicted of a crime, but the crime does not constitute a
23felony as defined in section 701.7 and is not a crime specified
24pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or
25712, or pursuant to section 726.3, 726.27, or 726.28.
26(b) If the comprehensive preliminary background check
27determines the person being considered for employment does not
28have a record of founded child abuse or dependent adult abuse
29or if an exception pursuant to subsection 4 is applicable to
30the person.
31(c) If the hospital has requested an evaluation in
32accordance with subsection 2, paragraph “a”, to determine
33whether the crime warrants prohibition of the person’s
34employment in the hospital.
35(2) The provisional employment under this paragraph “b”
-117-1may continue until such time as the required record checks
2through the single contact repository and the evaluation by the
3department of human services record check evaluation system,
4as applicable, are completed.
5c. A hospital shall inform all persons prior to employment
6regarding the performance of the record checks and shall
7obtain, from the persons, a signed acknowledgment of the
8receipt of the information. A hospital shall include the
9following inquiry in an application for employment:
10Do you have a record of founded child or dependent adult abuse
11or have you ever been convicted of a crime, in this state or any
12other state?
132. a. If it is determined that a person being considered
14for employment in a hospital has committed a crime, the
15department of public safety shall notify the hospital that upon
16the request of the hospital the department of human services
17 record check evaluation system will perform an evaluation
18to determine whether the crime warrants prohibition of the
19person’s employment in the hospital.
20b. (1) If a person being considered for employment, other
21than employment involving the operation of a motor vehicle, has
22been convicted of a crime listed in subparagraph (2) but does
23not have a record of founded child or dependent adult abuse
24and the hospital has requested an evaluation in accordance
25with paragraph “a” to determine whether the crime warrants
26prohibition of the person’s employment, the hospital may employ
27the person for not more than sixty calendar days pending
28completion of the evaluation.
29(2) Subparagraph (1) applies to a crime that is a simple
30misdemeanor offense under section 123.47, and to a crime
31that is a first offense of operating a motor vehicle while
32intoxicated under section 321J.2, subsection 1.
33c. If a department of human services record check evaluation
34system child or dependent adult abuse record check shows that
35the person has a record of founded child or dependent adult
-118-1abuse, the department of human services record check evaluation
2system shall notify the hospital that upon the request of
3the hospital the department of human services record check
4evaluation system will perform an evaluation to determine
5whether the founded child or dependent adult abuse warrants
6prohibition of the person’s employment in the hospital.
7d. An evaluation performed under this subsection shall
8be performed in accordance with procedures adopted for this
9purpose by the department of health and human services.
10e. (1) If a person owns or operates more than one hospital,
11and an employee of one of such hospitals is transferred to
12another such hospital without a lapse in employment, the
13hospital is not required to request additional criminal and
14child and dependent adult abuse record checks of that employee.
15(2) If the ownership of a hospital is transferred, at the
16time of transfer the record checks required by this section
17shall be performed for each employee for whom there is no
18documentation that such record checks have been performed.
19The hospital may continue to employ such employee pending the
20performance of the record checks and any related evaluation.
213. In an evaluation, the department of human services
22 record check evaluation system shall consider the nature and
23seriousness of the crime or founded child or dependent adult
24abuse in relation to the position sought or held, the time
25elapsed since the commission of the crime or founded child
26or dependent adult abuse, the circumstances under which the
27crime or founded child or dependent adult abuse was committed,
28the degree of rehabilitation, the likelihood that the person
29will commit the crime or founded child or dependent adult
30abuse again, and the number of crimes or founded child or
31dependent adult abuses committed by the person involved. If
32the department of human services record check evaluation system
33 performs an evaluation for the purposes of this section, the
34department of human services record check evaluation system
35 has final authority in determining whether prohibition of the
-119-1person’s employment is warranted.
24. a. Except as provided in subsection 1, paragraph “b”,
3subsection 2, and paragraph “b” of this subsection, a person
4who has committed a crime or has a record of founded child
5or dependent adult abuse shall not be employed in a hospital
6licensed under this chapter unless an evaluation has been
7performed by the department of human services record check
8evaluation system.
9b. A person with a criminal or abuse record who is or was
10employed by a hospital licensed under this chapter and is hired
11by another hospital 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 hospital in accordance with the
21department of human services’ record check evaluation system’s
22 evaluation and an exemption from the requirements in paragraph
23“a” for reevaluation of the latest record checks is authorized.
24Otherwise, the requirements of paragraph “a” remain applicable
25to the person’s employment. Authorization of an exemption
26under this paragraph “b” from requirements for reevaluation of
27the latest record checks by the department of human services
28 record check evaluation system is subject to all of the
29following 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
-120-1person’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 lettered paragraph “b”
10may be authorized, the subsequent employer may instead request
11a reevaluation of the record checks and may employ the person
12while the reevaluation is being performed.
135. a. If a person employed by a hospital that is subject
14to this section is convicted of a crime or has a record of
15founded child or dependent adult abuse entered in the abuse
16registry after the person’s employment application date, the
17person shall inform the hospital of such information within
18forty-eight hours of the criminal conviction or entry of the
19record of founded child or dependent adult abuse. The hospital
20shall act to verify the information within seven calendar
21days of notification. If the information is verified, the
22requirements of subsections 2, 3, and 4 regarding employability
23and evaluations shall be applied by the hospital to determine
24whether or not the person’s employment is continued. The
25hospital may continue to employ the person pending the
26performance of an evaluation by the department of human
27services record check evaluation system to determine whether
28prohibition of the person’s employment is warranted. A person
29who is required by this subsection to inform the person’s
30employer of a conviction or entry of an abuse record and
31fails to do so within the required period commits a serious
32misdemeanor.
33b. If a hospital receives credible information, as
34determined by the hospital, that a person employed by the
35hospital has been convicted of a crime or a record of founded
-121-1child or dependent adult abuse has been entered in the
2abuse registry after employment from a person other than the
3employee and the employee has not informed the hospital of such
4information within the period required under paragraph “a”, the
5hospital shall act to verify the credible information within
6seven calendar days of receipt of the credible information. If
7the information is verified, the requirements of subsections
82, 3, and 4 regarding employability and evaluations shall
9be applied by the hospital to determine whether or not the
10person’s employment is continued.
11c. The hospital may notify the county attorney for the
12county where the hospital is located of any violation or
13failure by an employee to notify the hospital of a criminal
14conviction or entry of an abuse record within the period
15required under paragraph “a”.
166. A hospital licensed in this state may access the single
17contact repository established by the department pursuant to
18section 135C.33 as necessary for the hospital to perform record
19checks of persons employed or being considered for employment
20by the hospital.
217. For the purposes of this section, “comprehensive
22preliminary background check” means and “record check evaluation
23system” mean the same as defined in section 135C.1.
24 Sec. 167. Section 135C.1, subsection 20, Code 2023, is
25amended to read as follows:
2620. “Residential care facility” means any institution,
27place, building, or agency providing for a period exceeding
28twenty-four consecutive hours accommodation, board, personal
29assistance and other essential daily living activities to
30three or more individuals, not related to the administrator or
31owner thereof within the third degree of consanguinity, who by
32reason of illness, disease, or physical or mental infirmity
33are unable to sufficiently or properly care for themselves but
34who do not require the services of a registered or licensed
35practical nurse except on an emergency basis or who by reason
-122-1of illness, disease, or physical or mental infirmity are unable
2to sufficiently or properly care for themselves but who do not
3require the services of a registered or licensed practical
4nurse except on an emergency basis if home and community-based
5services, other than nursing care, as defined by this chapter
6and departmental rule, are provided. For the purposes of
7this definition, the home and community-based services to be
8provided are limited to the type included under the medical
9assistance program provided pursuant to chapter 249A, are
10subject to cost limitations established by the department
11of health and human services under the medical assistance
12program, and except as otherwise provided by the department of
13inspections and appeals with the concurrence of the department
14of health and human services, are limited in capacity to the
15number of licensed residential care facilities and the number
16of licensed residential care facility beds in the state as of
17December 1, 2003.
18 Sec. 168. Section 135C.1, Code 2023, is amended by adding
19the following new subsection:
20 NEW SUBSECTION. 18A. “Record check evaluation system” means
21the record check evaluation system of the department of health
22and human services used to perform child and dependent adult
23abuse record checks and to evaluate criminal history and abuse
24records.
25 Sec. 169. Section 135C.4, subsection 3, Code 2023, is
26amended to read as follows:
273. For the purposes of this section, the home and
28community-based services to be provided shall be limited
29to the type included under the medical assistance program
30provided pursuant to chapter 249A, shall be subject to cost
31limitations established by the department of health and human
32services under the medical assistance program, and except
33as otherwise provided by the department of inspections and
34appeals with the concurrence of the department of health and
35 human services, shall be limited in capacity to the number of
-123-1licensed residential care facilities and the number of licensed
2residential care facility beds in the state as of December 1,
32003.
4 Sec. 170. Section 135C.6, subsections 8 and 9, Code 2023,
5are amended to read as follows:
68. The following residential programs to which the
7department of health and human services applies accreditation,
8certification, or standards of review shall not be required to
9be licensed as a health care facility under this chapter:
10a. Residential programs providing care to not more than four
11individuals and receiving moneys appropriated to the department
12of health and human services under provisions of a federally
13approved home and community-based services waiver for persons
14with an intellectual disability or other medical assistance
15program under chapter 249A. In approving a residential
16program under this paragraph, the department of health and
17 human services shall consider the geographic location of the
18program so as to avoid an overconcentration of such programs
19in an area. In order to be approved under this paragraph,
20a residential program shall not be required to involve the
21conversion of a licensed residential care facility for persons
22with an intellectual disability.
23b. Not more than forty residential care facilities for
24persons with an intellectual disability that are licensed to
25serve not more than five individuals may be authorized by the
26department of health and human services to convert to operation
27as a residential program under the provisions of a medical
28assistance home and community-based services waiver for persons
29with an intellectual disability. A converted residential
30program operating under this paragraph is subject to the
31conditions stated in paragraph “a” except that the program shall
32not serve more than five individuals.
33c. A residential program approved by the department of
34health and human services pursuant to this paragraph “c” to
35receive moneys appropriated to the department of health and
-124-1 human services under provisions of a federally approved home
2and community-based services habilitation or waiver program may
3provide care to not more than five individuals. The department
4shall approve a residential program under this paragraph that
5complies with all of the following conditions:
6(1) Approval of the program will not result in an
7overconcentration of such programs in an area.
8(2) The county in which the residential program is located
9submits to the department of health and human services a letter
10of support for approval of the program.
11(3) The county in which the residential program is located
12provides to the department of health and human services
13verification in writing that the program is needed to address
14one or more of the following:
15(a) The quantity of services currently available in the
16county is insufficient to meet the need.
17(b) The quantity of affordable rental housing in the county
18is insufficient.
19(c) Implementation of the program will cause a reduction in
20the size or quantity of larger congregate programs.
219. Contingent upon the department of health and human
22services receiving federal approval, a residential program
23which serves not more than eight individuals and is licensed as
24an intermediate care facility for persons with an intellectual
25disability may surrender the facility license and continue
26to operate under a federally approved medical assistance
27home and community-based services waiver for persons with an
28intellectual disability, if the department of health and human
29services has approved a plan submitted by the residential
30program.
31 Sec. 171. Section 135C.14, unnumbered paragraph 1, Code
322023, is amended to read as follows:
33The department shall, in accordance with chapter 17A and
34with the approval of the state board of council on health
35and human services, adopt and enforce rules setting minimum
-125-1standards for health care facilities. In so doing, the
2department, with the approval of the state board of council
3on health and human services, may adopt by reference, with
4or without amendment, nationally recognized standards and
5rules, which shall be specified by title and edition, date
6of publication, or similar information. The rules and
7standards required by this section shall be formulated in
8consultation with the director of health and human services or
9the director’s designee, with the state fire marshal, and with
10affected industry, professional, and consumer groups, and shall
11be designed to further the accomplishment of the purposes of
12this chapter and shall relate to:
13 Sec. 172. Section 135C.16, subsection 3, Code 2023, is
14amended to read as follows:
153. An authorized representative of the department may
16enter any licensed health care facility without a warrant,
17and may examine all records pertaining to the care provided
18residents of the facility. An authorized representative of the
19department may contact or interview any resident, employee, or
20any other person who might have knowledge about the operation
21of a health care facility. An authorized representative of the
22department of health and human services shall have the same
23right with respect to any facility where one or more residents
24are cared for entirely or partially at public expense, and an
25authorized representative of the designated protection and
26advocacy agency shall have the same right with respect to
27any facility where one or more residents have developmental
28disabilities or mental illnesses, and the state fire marshal
29or a deputy appointed pursuant to section 135C.9, subsection
301, paragraph “b”, shall have the same right of entry into any
31facility and the right to inspect any records pertinent to
32fire safety practices and conditions within that facility, and
33an authorized representative of the office of long-term care
34ombudsman shall have the same right with respect to any nursing
35facility or residential care facility. If any such authorized
-126-1representative has probable cause to believe that any
2institution, building, or agency not licensed as a health care
3facility is in fact a health care facility as defined by this
4chapter, and upon producing identification that the individual
5is an authorized representative is denied entry thereto to
6the facility for the purpose of making an inspection, the
7authorized representative may, with the assistance of the
8county attorney of the county in which the purported health
9care facility is located, apply to the district court for an
10order requiring the owner or occupant to permit entry and
11inspection of the premises to determine whether there have been
12any violations of this chapter.
13 Sec. 173. Section 135C.17, Code 2023, is amended to read as
14follows:
15135C.17 Duties of other departments.
16It shall be the duty of the department of health and
17 human services, state fire marshal, office of long-term care
18ombudsman, and the officers and agents of other state and local
19governmental units, and the designated protection and advocacy
20agency to assist the department in carrying out the provisions
21of this chapter, insofar as the functions of these respective
22offices and departments are concerned with the health, welfare,
23and safety of any resident of any health care facility. It
24shall be the duty of the department to cooperate with the
25protection and advocacy agency and the office of long-term
26care ombudsman by responding to all reasonable requests for
27assistance and information as required by federal law and this
28chapter.
29 Sec. 174. Section 135C.19, subsection 2, paragraph b, Code
302023, is amended to read as follows:
31b. A copy of each citation required to be posted by this
32subsection shall be sent by the department to the department
33of health and human services, to the designated protection
34and advocacy agency if the facility has one or more residents
35with developmental disabilities or mental illness, and to the
-127-1office of long-term care ombudsman if the facility is a nursing
2facility or residential care facility.
3 Sec. 175. Section 135C.19, subsection 3, Code 2023, is
4amended to read as follows:
53. If the facility cited subsequently advises the
6department of health and human services that the violation
7has been corrected to the satisfaction of the department of
8inspections and appeals, the department of health and human
9services shall maintain this advisory in the same file with
10the copy of the citation. The department of health and human
11services shall not disseminate to the public any information
12regarding citations issued by the department of inspections and
13appeals, but shall forward or refer inquiries to the department
14of inspections and appeals.
15 Sec. 176. Section 135C.20A, subsection 2, Code 2023, is
16amended to read as follows:
172. The report card form shall be developed by the department
18in cooperation with representatives of the department on
19aging of health and human services, the state long-term care
20ombudsman, representatives of certified volunteer long-term
21care ombudsmen, representatives of protection and advocacy
22entities, consumers, and other interested persons.
23 Sec. 177. Section 135C.22, Code 2023, is amended to read as
24follows:
25135C.22 Applicable to governmental units.
26The provisions of this chapter shall be applicable to
27institutions operated by or under the control of the department
28of health and human services, the state board of regents, or
29any other governmental unit.
30 Sec. 178. Section 135C.31A, Code 2023, is amended to read
31as follows:
32135C.31A Assessment of residents — program eligibility —
33prescription drug coverage.
341. A health care facility shall assist the Iowa department
35of veterans affairs in identifying, upon admission of a
-128-1resident, the resident’s eligibility for benefits through the
2United States department of veterans affairs. The department
3of inspections and appeals, in cooperation with the department
4of health and human services, shall adopt rules to administer
5this section, including a provision that ensures that if a
6resident is eligible for benefits through the United States
7department of veterans affairs or other third-party payor,
8the payor of last resort for reimbursement to the health care
9facility is the medical assistance program. The rules shall
10also require the health care facility to request information
11from a resident or resident’s personal representative regarding
12the resident’s veteran status and to report to the Iowa
13department of veterans affairs only the names of residents
14identified as potential veterans along with the names of their
15spouses and any dependents. Information reported by the
16health care facility shall be verified by the Iowa department
17of veterans affairs. This section shall not apply to the
18admission of an individual to a state mental health institute
19for acute psychiatric care or to the admission of an individual
20to the Iowa veterans home.
212. a. If a resident is identified, upon admission to a
22health care facility, as eligible for benefits through the
23United States department of veterans affairs pursuant to
24subsection 1 or through other means, the health care facility
25shall allow the resident to access any prescription drug
26benefit included in such benefits for which the resident is
27also eligible. The health care facility shall also assist the
28Iowa department of veterans affairs in identifying individuals
29residing in such health care facilities on July 1, 2009, who
30are eligible for the prescription drug benefit.
31b. The department of inspections and appeals, the department
32of veterans affairs, and the department of health and human
33services shall identify any barriers to residents in accessing
34such prescription drug benefits and shall assist health
35care facilities in adjusting their procedures for medication
-129-1administration to comply with this subsection.
2 Sec. 179. Section 135C.33, Code 2023, is amended to read as
3follows:
4135C.33 Employees and certified nurse aide trainees — child
5or dependent adult abuse information and criminal record check
6options — evaluations — application to other providers —
7penalty.
81. a. For the purposes of this section, the term “crime”
9does not include offenses under chapter 321 classified as a
10simple misdemeanor or equivalent simple misdemeanor offenses
11from another jurisdiction.
12b. Prior to employment of a person in a facility or with a
13provider as specified in subsection 5, the facility or provider
14shall do one of the following:
15(1) Request that the department of public safety perform a
16criminal history check and the record check evaluation system
17of the department of health and human services perform child
18and dependent adult abuse record checks of the person in this
19state.
20(2) Access the single contact repository to perform the
21required record checks.
22c. (1) If a facility or a provider as specified in
23subsection 5 accesses the single contact repository to perform
24the required record checks pursuant to paragraph “b”, the
25facility or provider may utilize a third-party vendor to
26perform a comprehensive preliminary background check and
27provisionally employ a person being considered for employment
28pending completion of the required record checks through
29the single contact repository and the evaluation by the
30department of human services record check evaluation system, as
31applicable, subject to all of the following:
32(a) If the comprehensive preliminary background check
33determines that the person being considered for employment has
34been convicted of a crime, but the crime does not constitute a
35felony as defined in section 701.7 and is not a crime specified
-130-1pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or
2712, or pursuant to section 726.3, 726.27, or 726.28.
3(b) If the comprehensive preliminary background check
4determines the person being considered for employment does not
5have a record of founded child abuse or dependent adult abuse
6or if an exception pursuant to subsection 4 is applicable to
7the person.
8(c) If the facility or provider has requested an evaluation
9in accordance with subsection 2, paragraph “a”, to determine
10whether the crime warrants prohibition of the person’s
11employment in the facility or with the provider.
12(2) The provisional employment under this paragraph “c”
13may continue until such time as the required record checks
14through the single contact repository and the evaluation by the
15department of human services record check evaluation system,
16as applicable, are completed.
17d. A facility or provider shall inform all persons prior
18to employment regarding the performance of the record checks
19and shall obtain, from the persons, a signed acknowledgment of
20the receipt of the information. A facility or provider 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 other than a simple
24misdemeanor offense relating to motor vehicles and laws of the
25road under chapter 321 or equivalent provisions, in this state
26or any other state?
272. a. If it is determined that a person being considered
28for employment in a facility or with a provider has been
29convicted of a crime under a law of any state, the department
30of public safety shall notify the facility or provider that
31upon the request of the facility or provider the department of
32human services record check evaluation system will perform an
33evaluation to determine whether the crime warrants prohibition
34of the person’s employment in the facility or with the
35provider.
-131- 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 facility or provider has requested an evaluation in
6accordance with paragraph “a” to determine whether the crime
7warrants prohibition of the person’s employment, the facility
8or provider may employ the person for not more than sixty
9calendar days pending completion 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
16that such person has a record of founded child or dependent
17adult abuse, the department of human services record check
18evaluation system shall notify the facility or provider that
19upon the request of the facility or provider the department of
20human services record check evaluation system will perform an
21evaluation to determine whether the founded child or dependent
22adult abuse warrants prohibition of employment in the facility
23or with the provider.
24d. An evaluation performed under this subsection shall
25be performed in accordance with procedures adopted for this
26purpose by the department of health and human services.
27e. (1) If a person owns or operates more than one facility
28or a provider owns or operates more than one location, and
29an employee of one of such facilities or provider locations
30is transferred to another such facility or provider location
31without a lapse in employment, the facility or provider is not
32required to request additional criminal and child and dependent
33adult abuse record checks of that employee.
34(2) If the ownership of a facility or provider is
35transferred, at the time of transfer the record checks required
-132-1by this section shall be performed for each employee for whom
2there is no documentation that such record checks have been
3performed. The facility or provider may continue to employ
4such employee pending the performance of the record checks and
5any related evaluation.
63. In an evaluation, the department of human services
7 record check evaluation system shall consider the nature and
8seriousness of the crime or founded child or dependent adult
9abuse in relation to the position sought or held, the time
10elapsed since the commission of the crime or founded child
11or dependent adult abuse, the circumstances under which the
12crime or founded child or dependent adult abuse was committed,
13the degree of rehabilitation, the likelihood that the person
14will commit the crime or founded child or dependent adult
15abuse again, and the number of crimes or founded child or
16dependent adult abuses committed by the person involved. If
17the department of human services record check evaluation system
18 performs an evaluation for the purposes of this section, the
19department of human services record check evaluation system
20 has final authority in determining whether prohibition of the
21person’s employment is warranted.
224. a. Except as provided in subsection 1, paragraph “c”,
23subsection 2, and paragraph “b” of this subsection, a person
24who has committed a crime or has a record of founded child or
25dependent adult abuse shall not be employed in a facility or
26with a provider unless an evaluation has been performed by the
27department of human services record check evaluation system.
28b. A person with a criminal or abuse record who is or was
29employed by a facility or provider and is hired by another
30facility or provider shall be subject to the criminal history
31and abuse record checks required pursuant to subsection 1.
32However, if an evaluation was previously performed by the
33department of human services record check evaluation system
34 concerning the person’s criminal or abuse record and it was
35determined that the record did not warrant prohibition of
-133-1the person’s employment and the latest record checks do not
2indicate a crime was committed or founded abuse record was
3entered subsequent to that evaluation, the person may commence
4employment with the other facility or provider in accordance
5with the department of human services’ record check evaluation
6system’s evaluation and an exemption from the requirements in
7paragraph “a” for reevaluation of the latest record checks
8is authorized. Otherwise, the requirements of paragraph “a”
9remain applicable to the person’s employment. Authorization
10of an exemption under this paragraph “b” from requirements for
11reevaluation of the latest record checks by the department of
12human services record check evaluation system is subject to all
13of the following provisions:
14(1) The position with the subsequent employer is
15substantially the same or has the same job responsibilities as
16the position for which the previous evaluation was performed.
17(2) Any restrictions placed on the person’s employment in
18the previous evaluation by the department of human services
19 record check evaluation system shall remain applicable in the
20person’s subsequent employment.
21(3) The person subject to the record checks has maintained a
22copy of the previous evaluation and provides the evaluation to
23the subsequent employer or the previous employer provides the
24previous evaluation from the person’s personnel file pursuant
25to the person’s authorization. If a physical copy of the
26previous evaluation is not provided to the subsequent employer,
27the record checks shall be reevaluated.
28(4) Although an exemption under this paragraph “b” may
29be authorized, the subsequent employer may instead request a
30reevaluation of the record checks and may employ the person
31while the reevaluation is being performed.
325. a. This section shall also apply to prospective
33employees of all of the following, if the provider is regulated
34by the state or receives any state or federal funding:
35(1) An employee of a homemaker-home health aide, home care
-134-1aide, adult day services, or other provider of in-home services
2if the employee provides direct services to consumers.
3(2) An employee of a hospice, if the employee provides
4direct services to consumers.
5(3) An employee who provides direct services to consumers
6under a federal home and community-based services waiver.
7(4) An employee of an elder group home certified under
8chapter 231B, if the employee provides direct services to
9consumers.
10(5) An employee of an assisted living program certified
11under chapter 231C, if the employee provides direct services
12to consumers.
13b. In substantial conformance with the provisions of this
14section, including the provision authorizing provisional
15employment following completion of a comprehensive preliminary
16background check, prior to the employment of such an employee,
17the provider shall request the performance of the criminal
18and child and dependent adult abuse record checks. The
19provider shall inform the prospective employee and obtain the
20prospective employee’s signed acknowledgment. The department
21of human services record check evaluation system shall perform
22the evaluation of any criminal record or founded child or
23dependent adult abuse record and shall make the determination
24of whether a prospective employee of a provider shall not be
25employed by the provider.
266. a. This section shall also apply to an employee of
27a temporary staffing agency that provides staffing for a
28facility, service, program, or other provider regulated by this
29section if the employee provides direct services to consumers.
30b. In substantial conformance with the provisions of this
31section, including the provision authorizing provisional
32employment following completion of a comprehensive preliminary
33background check, prior to the employment of such an employee,
34the temporary staffing agency shall request the performance of
35the criminal and child and dependent adult abuse record checks.
-135-1The temporary staffing agency shall inform the prospective
2employee and obtain the prospective employee’s signed
3acknowledgment. The department of human services record check
4evaluation system shall perform the evaluation of any criminal
5record or founded child or dependent adult abuse record
6and shall make the determination of whether a prospective
7employee of a temporary staffing agency shall not be employed
8by the assisted living program as defined in section 231C.2,
9the Medicare certified home health agency, or the facility,
10service, program, or other provider regulated by this section.
11c. If a person employed by a temporary staffing agency that
12is subject to this section is convicted of a crime or has a
13record of founded child or dependent adult abuse entered in the
14abuse registry after the person’s employment application date,
15the person shall inform the temporary staffing agency within
16forty-eight hours and the temporary staffing agency shall
17inform the facility, service, program, or other provider within
18two hours.
19d. If a temporary staffing agency fails to comply with the
20requirements of this section, the temporary staffing agency
21shall be liable to the facility, service, program, or other
22provider for any actual damages, including civil penalties, and
23reasonable attorney fees.
24e. This section shall not apply to employees employed by a
25temporary staffing agency for a position that does not provide
26direct services to consumers.
277. a. The department of inspections and appeals, in
28conjunction with other departments and agencies of state
29government involved with criminal history and abuse registry
30information, shall establish a single contact repository for
31facilities and other providers to have electronic access to
32data to perform background checks for purposes of employment,
33as required of the facilities and other providers under this
34section.
35b. The department may access the single contact repository
-136-1for any of the following purposes:
2(1) To verify data transferred from the department’s nurse
3aide registry to the repository.
4(2) To conduct record checks of applicants for employment
5with the department.
68. a. If a person employed by a facility, service, or
7program employer that is subject to this section is convicted
8of a crime or has a record of founded child or dependent
9adult abuse entered in the abuse registry after the person’s
10employment application date, the person shall inform the
11employer of such information within forty-eight hours of the
12criminal conviction or entry of the record of founded child or
13dependent adult abuse. The employer shall act to verify the
14information within seven calendar days of notification. If
15the information is verified, the requirements of subsections
162, 3, and 4 regarding employability and evaluations shall
17be applied by the employer to determine whether or not the
18person’s employment is continued. The employer may continue to
19employ the person pending the performance of an evaluation by
20the department of human services record check evaluation system
21 to determine whether prohibition of the person’s employment
22is warranted. A person who is required by this subsection to
23inform the person’s employer of a conviction or entry of an
24abuse record and fails to do so within the required period
25commits a serious misdemeanor.
26b. If a facility, service, or program employer receives
27credible information, as determined by the employer, that a
28person employed by the employer has been convicted of a crime
29or a record of founded child or dependent adult abuse has been
30entered in the abuse registry after employment from a person
31other than the employee and the employee has not informed
32the employer of such information within the period required
33under paragraph “a”, the employer shall act to verify the
34credible information within seven calendar days of receipt of
35the credible information. If the information is verified, the
-137-1requirements of subsections 2, 3, and 4 regarding employability
2and evaluations shall be applied to determine whether or not
3the person’s employment is continued.
4c. The employer may notify the county attorney for the
5county where the employer is located of any violation or
6failure by an employee to notify the employer of a criminal
7conviction or entry of an abuse record within the period
8required under paragraph “a”.
99. a. For the purposes of this subsection, unless the
10context otherwise requires:
11(1) “Certified nurse aide training program” means a program
12approved in accordance with the rules for such programs adopted
13by the department of health and human services for the training
14of persons seeking to be a certified nurse aide for employment
15in any of the facilities or programs this section applies to or
16in a hospital, as defined in section 135B.1.
17(2) “Student” means a person applying for, enrolled in, or
18returning to a certified nurse aide training program.
19b. (1) Prior to a student beginning or returning to a
20certified nurse aide training program, the program shall do one
21of the following:
22(a) Request that the department of public safety perform
23a criminal history check and the department of human services
24 record check evaluation system perform child and dependent
25adult abuse record checks, in this state, of the student.
26(b) Access the single contact repository to perform the
27required record checks.
28(2) If a program accesses the single contact repository to
29perform the required record checks pursuant to subparagraph
30(1), the program may utilize a third-party vendor to perform a
31comprehensive preliminary background check to allow a person
32to provisionally participate in the clinical component of the
33certified nurse aide training program pending completion of the
34required record checks through the single contact repository
35and the evaluation by the department of human services record
-138-1check evaluation system, as applicable, subject to all of the
2following:
3(a) If the comprehensive preliminary background check
4determines that the person being considered for provisional
5participation has been convicted of a crime but the crime does
6not constitute a felony as defined in section 701.7 and is not
7a crime specified pursuant to chapter 708, 708A, 709, 709A,
8710, 710A, 711, or 712, or pursuant to section 726.3, 726.27,
9or 726.28.
10(b) If the comprehensive preliminary background check
11determines the person being considered for provisional
12participation does not have a record of founded child abuse or
13dependent adult abuse or if an exception pursuant to subsection
144 is applicable to the person.
15(c) If the program has requested an evaluation in accordance
16with subsection 2, paragraph “a”, to determine whether the crime
17warrants prohibition of the person’s provisional participation.
18(d) The provisional participation under this subparagraph
19(2) may continue until such time as the required record checks
20through the single contact repository and the evaluation by the
21department of human services record check evaluation system,
22as applicable, are completed.
23c. If a student has a criminal record or a record of
24founded child or dependent adult abuse, the student shall
25not be involved in a clinical education component of the
26certified nurse aide training program involving children or
27dependent adults unless an evaluation has been performed by the
28department of human services record check evaluation system.
29Upon request of the certified nurse aide training program, the
30department of human services record check evaluation system
31 shall perform an evaluation to determine whether the record
32warrants prohibition of the student’s involvement in a clinical
33education component of the certified nurse aide training
34program involving children or dependent adults. The evaluation
35shall be performed in accordance with the criteria specified in
-139-1subsection 3, and the department of human services record check
2evaluation system shall report the results of the evaluation
3to the certified nurse aide training program. The department
4of human services record check evaluation system has final
5authority in determining whether prohibition of the student’s
6involvement in the clinical education component is warranted.
7d. (1) If a student’s clinical education component of the
8training program involves children or dependent adults but
9does not involve operation of a motor vehicle, and the student
10has been convicted of a crime listed in subparagraph (2), but
11does not have a record of founded child or dependent adult
12abuse, and the training program has requested an evaluation in
13accordance with paragraph “c” to determine whether the crime
14warrants prohibition of the student’s involvement in such
15clinical education component, the training program may allow
16the student’s participation in the component for not more than
17sixty days pending completion of the evaluation.
18(2) Subparagraph (1) applies to a crime that is a simple
19misdemeanor offense under section 123.47, and to a crime
20that is a first offense of operating a motor vehicle while
21intoxicated under section 321J.2, subsection 1.
22e. (1) If a student is convicted of a crime or has a
23record of founded child or dependent adult abuse entered in the
24abuse registry after the record checks and any evaluation have
25been performed, the student shall inform the certified nurse
26aide training program of such information within forty-eight
27hours of the criminal conviction or entry of the record of
28founded child or dependent adult abuse. The program shall
29act to verify the information within seven calendar days of
30notification. If the information is verified, the requirements
31of paragraph “c” shall be applied by the program to determine
32whether or not the student’s involvement in a clinical
33education component may continue. The program may allow
34the student involvement to continue pending the performance
35of an evaluation by the department of human services record
-140-1check evaluation system. A student who is required by this
2subparagraph to inform the program of a conviction or entry of
3an abuse record and fails to do so within the required period
4commits a serious misdemeanor.
5(2) If a program receives credible information, as
6determined by the program, that a student has been convicted
7of a crime or a record of founded child or dependent adult
8abuse has been entered in the abuse registry after the record
9checks and any evaluation have been performed, from a person
10other than the student and the student has not informed the
11program of such information within the period required under
12subparagraph (1), the program shall act to verify the credible
13information within seven calendar days of receipt of the
14credible information. If the information is verified, the
15requirements of paragraph “c” shall be applied to determine
16whether or not the student’s involvement in a clinical
17education component may continue.
18(3) The program may notify the county attorney for the
19county where the program is located of any violation or failure
20by a student to notify the program of a criminal conviction
21or entry of an abuse record within the period required under
22subparagraph (1).
23f. If a certified nurse aide training program is conducted
24by a health care facility and a student of that program
25subsequently accepts and begins employment with the facility
26within thirty days of completing the program, the criminal
27history and abuse registry checks of the student performed
28pursuant to this subsection shall be deemed to fulfill the
29requirements for such checks prior to employment pursuant to
30subsection 1.
31 Sec. 180. Section 135D.2, subsections 3 and 13, Code 2023,
32are amended to read as follows:
333. “Department” means the department of public health and
34human services.
3513. “Iowa Medicaid enterprise program” means the centralized
-141-1 medical assistance program infrastructure, based on a business
2enterprise model, and designed to foster collaboration among
3all program stakeholders by focusing on quality, integrity, and
4consistency as defined in section 249A.2.
5 Sec. 181. Section 135D.6, subsection 2, Code 2023, is
6amended to read as follows:
72. A single industry shall not be disproportionately
8represented as voting members of the board. The board shall
9include at least one member who is a consumer of health
10services and a majority of the voting members of the board
11shall be representative of participants in the Iowa health
12information network. The director of public health and human
13services or the director’s designee and the director of the
14Iowa Medicaid enterprise program or the director’s designee
15shall act as voting members of the board. The commissioner
16of insurance shall act as an ex officio, nonvoting member of
17the board. Individuals serving in an ex officio, nonvoting
18capacity shall not be included in the total number of
19individuals authorized as members of the board.
20 Sec. 182. Section 135D.6, subsection 3, paragraph f, Code
212023, is amended to read as follows:
22f. Provide an annual budget and fiscal report for the Iowa
23health information network to the governor, the department of
24public health and human services, the department of management,
25the chairs and ranking members of the legislative government
26oversight standing committees, and the legislative services
27agency. The report shall also include information about the
28services provided through the network and information on the
29participant usage of the network.
30 Sec. 183. Section 135G.10, Code 2023, is amended to read as
31follows:
32135G.10 Rules.
331. The department of inspections and appeals and the
34department of health and human services shall collaborate
35in establishing standards for licensing of subacute care
-142-1facilities to achieve all of the following objectives:
2a. Subacute mental health services are provided based on
3sound, proven clinical practice.
4b. Subacute mental health services are established in a
5manner that allows the services to be included in the federal
6medical assistance state plan.
72. It is the intent of the general assembly that subacute
8mental health services be included in the Medicaid state
9plan adopted for the implementation of the federal Patient
10Protection and Affordable Care Act, benchmark plan.
113. The department of inspections and appeals, in
12consultation with the department of health and human services
13and affected professional groups, shall adopt and enforce rules
14setting out the standards for a subacute care facility and the
15rights of the residents admitted to a subacute care facility.
16The department of inspections and appeals and the department
17of health and human services shall coordinate the adoption of
18rules and the enforcement of the rules in order to prevent
19duplication of effort by the departments and of requirements of
20the licensee.
21 Sec. 184. Section 135G.11, subsection 2, Code 2023, is
22amended to read as follows:
232. Upon receipt of a complaint made in accordance with
24subsection 1, the department shall make a preliminary review
25of the complaint. Unless the department concludes that the
26complaint is intended to harass a subacute care facility or
27a licensee or is without reasonable basis, it shall within
28twenty working days of receipt of the complaint make or cause
29to be made an on-site inspection of the subacute care facility
30which is the subject of the complaint. The department of
31inspections and appeals may refer to the department of health
32and human services any complaint received by the department
33of inspections and appeals if the complaint applies to rules
34adopted by the department of health and human services. The
35complainant shall also be notified of the name, address, and
-143-1telephone number of the designated protection and advocacy
2agency if the alleged violation involves a facility with one
3or more residents with a developmental disability or mental
4illness. In any case, the complainant shall be promptly
5informed of the result of any action taken by the department
6in the matter.
7 Sec. 185. Section 135H.4, Code 2023, is amended to read as
8follows:
9135H.4 Licensure.
10A person shall not establish, operate, or maintain a
11psychiatric medical institution for children unless the person
12obtains a license for the institution under this chapter and
13either holds a license under section 237.3, subsection 2,
14paragraph “a”, as a comprehensive residential facility for
15children or holds a license under section 125.13, if the
16facility provides substance abuse use disorder treatment.
17 Sec. 186. Section 135H.6, subsection 1, paragraph e, Code
182023, is amended to read as follows:
19e. The department of health and human services has submitted
20written approval of the application based on the department
21of health and human services’ determination of need. The
22department of health and human services shall identify the
23location and number of children in the state who require the
24services of a psychiatric medical institution for children.
25Approval of an application shall be based upon the location
26of the proposed psychiatric institution relative to the need
27for services identified by the department of health and human
28services and an analysis of the applicant’s ability to provide
29services and support consistent with requirements under chapter
30232, particularly regarding community-based treatment. If
31the proposed psychiatric institution is not freestanding from
32a facility licensed under chapter 135B or 135C, approval
33under this paragraph shall not be given unless the department
34of health and human services certifies that the proposed
35psychiatric institution is capable of providing a resident with
-144-1a living environment similar to the living environment provided
2by a licensee which is freestanding from a facility licensed
3under chapter 135B or 135C.
4 Sec. 187. Section 135H.6, subsections 2, 3, 4, and 5, Code
52023, are amended to read as follows:
62. The department of health and human services shall
7not give approval to an application which would cause the
8total number of beds licensed under this chapter for services
9reimbursed by the medical assistance program under chapter 249A
10to exceed four hundred thirty beds.
113. In addition to the beds authorized under subsection
122, the department of health and human services may establish
13not more than thirty beds licensed under this chapter at the
14state mental health institute at Independence. The beds shall
15be exempt from the certificate of need requirement under
16subsection 1, paragraph “d”.
174. The department of health and human services may give
18approval to conversion of beds approved under subsection 2,
19to beds which are specialized to provide substance abuse
20 use disorder treatment. However, the total number of beds
21approved under subsection 2 and this subsection shall not
22exceed four hundred thirty. Conversion of beds under this
23subsection shall not require a revision of the certificate
24of need issued for the psychiatric institution making the
25conversion. Beds for children who do not reside in this state
26and whose service costs are not paid by public funds in this
27state are not subject to the limitations on the number of beds
28and certificate of need requirements otherwise applicable under
29this section.
305. A psychiatric institution licensed prior to July 1, 1999,
31may exceed the number of beds authorized under subsection 2
32if the excess beds are used to provide services funded from a
33source other than the medical assistance program under chapter
34249A. Notwithstanding subsection 1, paragraphs “d” and “e”,
35and subsection 2, the provision of services using those excess
-145-1beds does not require a certificate of need or a review by the
2department of health and human services.
3 Sec. 188. Section 135H.7, Code 2023, is amended to read as
4follows:
5135H.7 Personnel.
61. A person shall not be allowed to provide services in a
7psychiatric institution if the person has a disease which is
8transmissible to other persons through required contact in the
9workplace, which presents a significant risk of infecting other
10persons, which presents a substantial possibility of harming
11other persons, or for which no reasonable accommodation can
12eliminate the risk of infecting other persons.
132. a. If a person is being considered for licensure under
14this chapter, or for employment involving direct responsibility
15for a child or with access to a child when the child is alone,
16by a licensed psychiatric institution, or if a person will
17reside in a facility utilized by a licensee, and if the person
18has been convicted of a crime or has a record of founded child
19abuse, the department of human services record check evaluation
20system and the licensee, for an employee of the licensee, shall
21perform an evaluation to determine whether the crime or founded
22child abuse warrants prohibition of licensure, employment, or
23residence in the facility. The record check evaluation system
24of the department of health and human services shall conduct
25criminal and child abuse record checks in this state and may
26conduct these checks in other states. The evaluation shall
27be performed in accordance with procedures adopted for this
28purpose by the department of health and human services.
29b. If the department of human services record check
30evaluation system determines that a person has committed a
31crime or has a record of founded child abuse and is licensed,
32employed by a psychiatric institution licensed under this
33chapter, or resides in a licensed facility, the department
34 record check evaluation system shall notify the program
35that an evaluation will be conducted to determine whether
-146-1prohibition of the person’s licensure, employment, or residence
2is warranted.
3c. In an evaluation, the department of human services
4 record check evaluation system and the licensee for an employee
5of the licensee shall consider the nature and seriousness of
6the crime or founded child abuse in relation to the position
7sought or held, the time elapsed since the commission of the
8crime or founded child abuse, the circumstances under which
9the crime or founded child abuse was committed, the degree of
10rehabilitation, the likelihood that the person will commit the
11crime or founded child abuse again, and the number of crimes
12or founded child abuses committed by the person involved.
13The department record check evaluation system may permit a
14person who is evaluated to be licensed, employed, or to reside,
15or to continue to be licensed, employed, or to reside in a
16licensed facility, if the person complies with the department’s
17 record check evaluation system’s conditions relating to the
18person’s licensure, employment, or residence, which may include
19completion of additional training. For an employee of a
20licensee, these conditional requirements shall be developed
21with the licensee. The department of human services record
22check evaluation system has final authority in determining
23whether prohibition of the person’s licensure, employment,
24or residence is warranted and in developing any conditional
25requirements under this paragraph.
263. If the department of human services record check
27evaluation system determines that the person has committed a
28crime or has a record of founded child abuse which warrants
29prohibition of licensure, employment, or residence, the
30person shall not be licensed under this chapter to operate
31a psychiatric institution and shall not be employed by a
32psychiatric institution or reside in a facility licensed under
33this chapter.
344. In addition to the record checks required under
35subsection 2, the department of human services record check
-147-1evaluation system may conduct dependent adult abuse record
2checks in this state and may conduct these checks in other
3states, on a random basis. The provisions of subsections 2 and
43, relative to an evaluation following a determination that a
5person has been convicted of a crime or has a record of founded
6child abuse, shall also apply to a random dependent adult abuse
7record check conducted under this subsection.
85. Beginning July 1, 1994, a A licensee shall inform all new
9applicants for employment of the possibility of the performance
10of a record check and shall obtain, from the applicant, a
11signed acknowledgment of the receipt of the information.
126. On or after July 1, 1994, a A licensee shall include the
13following inquiry in an application for employment:
14Do you have a record of founded child or dependent adult abuse
15or have you ever been convicted of a crime, in this state or any
16other state?
17 Sec. 189. Section 135H.10, Code 2023, is amended to read as
18follows:
19135H.10 Rules.
201. The department of inspections and appeals, in
21consultation with the department of health and human services
22and affected professional groups, shall adopt and enforce rules
23setting out the standards for a psychiatric medical institution
24for children and the rights of the residents admitted to
25a psychiatric institution. The department of inspections
26and appeals and the department of health and human services
27shall coordinate the adoption of rules and the enforcement of
28the rules in order to prevent duplication of effort by the
29departments and of requirements of the licensee.
302. This chapter shall not be construed as prohibiting the
31use of funds appropriated for foster care to provide payment
32to a psychiatric medical institution for children for the
33financial participation required of a child whose foster care
34placement is in a psychiatric medical institution for children.
35In accordance with established policies and procedures for
-148-1foster care, the department of health and human services shall
2act to recover any such payment for financial participation,
3apply to be named payee for the child’s unearned income, and
4recommend parental liability for the costs of a court-ordered
5foster care placement in a psychiatric medical institution.
6 Sec. 190. Section 135H.12, subsection 1, Code 2023, is
7amended to read as follows:
81. Upon receipt of a complaint made in accordance with
9section 135H.11, the department shall make a preliminary review
10of the complaint. Unless the department concludes that the
11complaint is intended to harass a psychiatric institution or
12a licensee or is without reasonable basis, it shall within
13twenty working days of receipt of the complaint make or cause
14to be made an on-site inspection of the psychiatric institution
15which is the subject of the complaint. The department of
16inspections and appeals may refer to the department of health
17and human services any complaint received by the department
18if the complaint applies to rules adopted by the department
19of health and human services. The complainant shall also
20be notified of the name, address, and telephone number of
21the designated protection and advocacy agency if the alleged
22violation involves a facility with one or more residents with
23developmental disabilities or mental illness. In any case, the
24complainant shall be promptly informed of the result of any
25action taken by the department in the matter.
26 Sec. 191. Section 135J.7, Code 2023, is amended to read as
27follows:
28135J.7 Rules.
29Except as otherwise provided in this chapter, the department
30shall adopt rules pursuant to chapter 17A necessary to
31implement this chapter, subject to approval of the state board
32of council on health and human services. Formulation of the
33rules shall include consultation with Iowa hospice organization
34representatives and other persons affected by this chapter.
35 Sec. 192. Section 135L.1, subsection 3, Code 2023, is
-149-1amended to read as follows:
23. “Child-placing agency” means any agency, public,
3semipublic, or private, which represents itself as placing
4children, receiving children for placement, or actually
5engaging in placement of children and includes the department
6of health and human services.
7 Sec. 193. Section 135L.2, subsection 1, paragraph b,
8subparagraph (1), Code 2023, is amended to read as follows:
9(1) Information regarding the options described in the
10video including information regarding the agencies and programs
11available to provide assistance to the pregnant minor in
12parenting a child; information relating to adoption including
13but not limited to information regarding child-placing
14agencies; and information regarding abortion including but not
15limited to the legal requirements relative to the performance
16of an abortion on a pregnant minor. The information provided
17shall include information explaining that if a pregnant
18minor decides to continue the pregnancy to term and to retain
19parental rights, the father of the child is liable for the
20support of the child and that if the pregnant minor seeks
21public assistance on behalf of the child, the pregnant minor
22shall, and if the pregnant minor is not otherwise eligible as
23a public assistance recipient, the pregnant minor may, seek
24the assistance of the child support recovery unit services in
25establishing the paternity of the child, and in seeking support
26payments for a reasonable amount of the costs associated with
27the pregnancy, medical support, and maintenance from the father
28of the child, or if the father is a minor, from the parents of
29the minor father. The information shall include a listing of
30the agencies and programs and the services available from each.
31 Sec. 194. Section 135L.2, subsection 2, paragraph a, Code
322023, is amended to read as follows:
33a. The video shall be available through the state and local
34offices of the Iowa department of public health, the department
35of health and human services, and the judicial branch and
-150-1through the office of each licensed physician who performs
2abortions.
3 Sec. 195. Section 135L.3, subsection 3, paragraph m,
4subparagraph (4), Code 2023, is amended to read as follows:
5(4) The pregnant minor declares that the pregnant minor
6is a victim of child abuse pursuant to section 232.68, the
7person responsible for the care of the child is a parent of
8the child, and either the abuse has been reported pursuant to
9the procedures prescribed in chapter 232, subchapter III, part
102, or a parent of the child is named in a report of founded
11child abuse. The department of health and human services
12shall maintain confidentiality under chapter 232 and shall not
13release any information in response to a request for public
14records, discovery procedures, subpoena, or any other means,
15unless the release of information is expressly authorized by
16the pregnant minor regarding the pregnant minor’s pregnancy and
17abortion, if the abortion is obtained. A person who knowingly
18violates the confidentiality provisions of this subparagraph is
19guilty of a serious misdemeanor.
20 Sec. 196. Section 135L.8, Code 2023, is amended to read as
21follows:
22135L.8 Adoption of rules — implementation and documents.
23The Iowa department of public health and human services
24 shall adopt rules to implement the notification procedures
25pursuant to this chapter including but not limited to rules
26regarding the documents necessary for notification of a parent
27or grandparent of a pregnant minor who is designated to receive
28notification under this chapter.
29 Sec. 197. Section 135M.2, subsection 4, Code 2023, is
30amended to read as follows:
314. “Department” means the Iowa department of public health
32and human services.
33 Sec. 198. Section 136A.1, Code 2023, is amended to read as
34follows:
35136A.1 Purpose.
-151- 1To reduce and avoid adverse health conditions of inhabitants
2of the state, the Iowa department of public health shall
3initiate, conduct, and supervise screening and health care
4programs in order to detect and predict congenital or inherited
5disorders. The department shall assist in the translation and
6integration of genetic and genomic advances into public health
7services to improve health outcomes throughout the life span of
8the inhabitants of the state.
9 Sec. 199. Section 136A.2, subsection 4, Code 2023, is
10amended to read as follows:
114. “Department” means the Iowa department of public health
12and human services.
13 Sec. 200. Section 136A.3, Code 2023, is amended to read as
14follows:
15136A.3 Establishment of center for congenital Congenital and
16inherited disorders — department duties.
17A center for congenital and inherited disorders is
18established within the department. The center department shall
19do all of the following:
201. Initiate, conduct, and supervise statewide screening
21programs for congenital and inherited disorders amenable to
22population screening.
232. Initiate, conduct, and supervise statewide health care
24programs to aid in the early detection, treatment, prevention,
25education, and provision of supportive care related to
26congenital and inherited disorders.
273. Develop specifications for and designate a central
28laboratory in which tests conducted pursuant to the screening
29programs provided for in subsection 1 will be performed.
304. Gather, evaluate, and maintain information related
31to causes, severity, prevention, and methods of treatment
32for congenital and inherited disorders in conjunction with
33a central registry, screening programs, genetic health care
34programs, and ongoing scientific investigations and surveys.
355. Perform surveillance and monitoring of congenital and
-152-1inherited disorders to determine the occurrence and trends of
2the disorders, to conduct thorough and complete epidemiological
3surveys, to assist in the planning for and provision of
4services to children with congenital and inherited disorders
5and their families, and to identify environmental and genetic
6risk factors for congenital and inherited disorders.
76. Provide information related to severity, causes,
8prevention, and methods of treatment for congenital and
9inherited disorders to the public, medical and scientific
10communities, and health science disciplines.
117. Implement public education programs, continuing
12education programs for health practitioners, and education
13programs for trainees of the health science disciplines related
14to genetics, congenital disorders, and inheritable disorders.
158. Participate in policy development to assure the
16appropriate use and confidentiality of genetic information and
17technologies to improve health and prevent disease.
189. Collaborate with state and local health agencies and
19other public and private organizations to provide education,
20intervention, and treatment for congenital and inherited
21disorders and to integrate genetics and genomics advances into
22public health activities and policies.
23 Sec. 201. Section 136A.3A, subsections 1 and 3, Code 2023,
24are amended to read as follows:
251. A congenital and inherited disorders advisory committee
26is established to assist the center for congenital and
27inherited disorders and the department in the development of
28programs that ensure the availability and access to quality
29genetic and genomic health care services for all Iowans.
303. The advisory committee shall assist the center for
31congenital and inherited disorders and the department in
32designating the conditions to be included in the newborn
33screening and in regularly evaluating the effectiveness and
34appropriateness of the newborn screening.
35 Sec. 202. Section 136A.4, Code 2023, is amended to read as
-153-1follows:
2136A.4 Genetic health services.
3The center department may initiate, conduct, and supervise
4genetic health services for the inhabitants of the state,
5including the provision of regional genetic consultation
6clinics, comprehensive neuromuscular health care outreach
7clinics, and other outreach services and clinics as established
8by rule.
9 Sec. 203. Section 136A.5B, subsection 1, unnumbered
10paragraph 1, Code 2023, is amended to read as follows:
11In accordance with the duties prescribed in section 136A.3,
12the center for congenital and inherited disorders department
13 shall collaborate with state and local health agencies
14and other public and private organizations to develop and
15publish or approve and publish informational materials to
16educate and raise awareness of cytomegalovirus and congenital
17cytomegalovirus among women who may become pregnant, expectant
18parents, parents of infants, attending health care providers,
19and others, as appropriate. The materials shall include
20information regarding all of the following:
21 Sec. 204. Section 136A.5B, subsection 2, Code 2023, is
22amended to read as follows:
232. An attending health care provider shall provide to a
24pregnant woman during the first trimester of the pregnancy the
25informational materials published under this section. The
26center for congenital and inherited disorders department shall
27make the informational materials available to attending health
28care providers upon request.
29 Sec. 205. Section 136A.6, Code 2023, is amended to read as
30follows:
31136A.6 Central registry.
32The center for congenital and inherited disorders department
33 shall maintain a central registry, or shall establish an
34agreement with a designated contractor to maintain a central
35registry, to compile, evaluate, retain, and disseminate
-154-1information on the occurrence, prevalence, causes, treatment,
2and prevention of congenital disorders. Congenital disorders
3shall be considered reportable conditions in accordance with
4rules adopted by the department and shall be abstracted and
5maintained by the registry.
6 Sec. 206. Section 136A.7, Code 2023, is amended to read as
7follows:
8136A.7 Confidentiality.
9The center for congenital and inherited disorders and
10the department shall maintain the confidentiality of any
11identifying information collected, used, or maintained pursuant
12to this chapter in accordance with section 22.7, subsection 2.
13 Sec. 207. Section 136A.8, Code 2023, is amended to read as
14follows:
15136A.8 Rules.
16The center for congenital and inherited disorders, with
17assistance provided by the Iowa department of public health,
18 shall adopt rules pursuant to chapter 17A to administer this
19chapter.
20 Sec. 208. Section 136B.1, subsection 1, Code 2023, is
21amended to read as follows:
221. As used in this chapter, unless the context otherwise
23requires, “department” means the Iowa department of public
24 health and human services.
25 Sec. 209. Section 136C.1, subsections 2 and 3, Code 2023,
26are amended to read as follows:
272. “Department” means the Iowa department of public health
28and human services.
293. “Director” means the director of public health and human
30services or the director’s designee.
31 Sec. 210. Section 136C.3, subsection 2, Code 2023, is
32amended to read as follows:
332. Establish minimum training standards including
34continuing education requirements, and administer examinations
35and disciplinary procedures for operators of radiation machines
-155-1and users of radioactive materials. A state of Iowa license
2to practice medicine, osteopathic medicine, chiropractic,
3podiatry, dentistry, dental hygiene, or veterinary medicine, or
4licensure as a physician assistant pursuant to chapter 148C, or
5certification by the dental board in dental radiography, or by
6the board of podiatry in podiatric radiography, or enrollment
7in a program or course of study approved by the Iowa department
8of public health which includes the application of radiation to
9humans satisfies the minimum training standards for operation
10of radiation machines only.
11 Sec. 211. Section 137.102, Code 2023, is amended to read as
12follows:
13137.102 Definitions.
14As used in this chapter unless the context otherwise
15requires:
161. “City board” means a city board of health in existence
17prior to July 1, 2010.
182. “City health department” refers to the personnel and
19property under the jurisdiction of a city board in existence
20prior to July 1, 2010.
213. “Council” means a city the council on health and human
22services.
234. “County board” means a county board of health.
245. “County health department” refers to the personnel and
25property under the jurisdiction of a county board.
266. “Director” means the director of public health and human
27services.
287. “District” means any two or more geographically
29contiguous counties.
308. “District board” means a board of health representing
31at least two geographically contiguous counties formed with
32approval of the state department in accordance with this
33chapter, or any district board of health in existence prior to
34July 1, 2010.
359. “District health department” refers to the personnel and
-156-1property under the jurisdiction of a district board.
210. “Local board of health” means a city, county, or
3district board of health.
411. “Officers” means a local board of health chairperson,
5vice chairperson, and secretary, and other officers which may
6be named at the discretion of the local board of health.
712. “State board” means the state board of health.
813. 12. “State department” or “department” means the Iowa
9 department of public health and human services.
10 Sec. 212. Section 137.104, subsection 1, paragraph b,
11unnumbered paragraph 1, Code 2023, is amended to read as
12follows:
13Make and enforce such reasonable rules and regulations not
14inconsistent with law and the rules of the state board council
15 as may be necessary for the protection and improvement of the
16public health.
17 Sec. 213. Section 137.104, subsection 1, paragraph b,
18subparagraph (1), Code 2023, is amended to read as follows:
19(1) Rules of a city board shall become effective upon
20approval by the city council and publication in a newspaper
21having general circulation in the city.
22 Sec. 214. Section 137.104, subsection 2, paragraph d, Code
232023, is amended to read as follows:
24d. By written agreement with the city council of any city
25within its jurisdiction, enforce appropriate ordinances of the
26city relating to public health.
27 Sec. 215. Section 137.105, subsection 1, paragraphs a and f,
28Code 2023, are amended to read as follows:
29a. All members of a city board shall be appointed by the
30city council.
31f. A local board of health member shall serve without
32compensation, but may be reimbursed for necessary expenses in
33accordance with rules established by the state board council
34 or the applicable jurisdiction.
35 Sec. 216. Section 137.107, Code 2023, is amended to read as
-157-1follows:
2137.107 Request reviewed by state department.
3The state department shall review requests submitted
4pursuant to section 137.106. The state department, upon
5finding that all required elements are present, shall present
6findings to the state board council. The state board council
7 may approve the formation of a district board and if the
8formation is approved, shall notify the county boards from whom
9the request was received.
10 Sec. 217. Section 137.114, Code 2023, is amended to read as
11follows:
12137.114 Withdrawal from district.
13A county may withdraw from an existing district board upon
14submission of a request for withdrawal to and approval by
15the state department. The request shall include a plan to
16reform its county board or join a different district board,
17information specified in section 137.106, and approval of the
18request by the district board and, at the recommendation of
19the state department, the state board council. Any county
20choosing to withdraw from the district board shall commit to
21the continuity of services in its county by reestablishing
22its county board or joining a different district board. The
23remaining counties in the district shall submit an application
24including the information specified in section 137.106 to the
25state department for review as provided in section 137.107.
26 Sec. 218. Section 137.119, Code 2023, is amended to read as
27follows:
28137.119 Adoption of rules.
29The state board of health council shall adopt rules to
30implement this chapter. The department is vested with
31discretionary authority to interpret the provisions of this
32chapter.
33 Sec. 219. Section 137F.1, subsection 9, unnumbered
34paragraph 1, Code 2023, is amended to read as follows:
35“Food establishment” means an operation that stores,
-158-1prepares, packages, serves, vends, or otherwise provides food
2for human consumption and includes a food service operation in
3a salvage or distressed food operation, school, summer camp,
4residential service substance abuse use disorder treatment
5facility, halfway house substance abuse use disorder treatment
6facility, correctional facility operated by the department of
7corrections, or the state training school. “Food establishment”
8does not include the following:
9 Sec. 220. Section 139A.2, Code 2023, is amended to read as
10follows:
11139A.2 Definitions.
12For purposes of this chapter, unless the context otherwise
13requires:
141. “Area quarantine” means prohibiting ingress and egress
15to and from a building or buildings, structure or structures,
16or other definable physical location, or portion thereof, to
17prevent or contain the spread of a suspected or confirmed
18quarantinable disease or to prevent or contain exposure to a
19suspected or known chemical, biological, radioactive, or other
20hazardous or toxic agent.
212. “Business” means and includes every trade, occupation,
22or profession.
233. “Care provider” means an individual who is trained
24and authorized by federal or state law to provide health
25care services or services of any kind in the course of the
26individual’s official duties, for compensation or in a
27voluntary capacity, who is a health care provider, emergency
28medical care provider as defined in section 147A.1, fire
29fighter, or peace officer. “Care provider” also means an
30individual who renders emergency care or assistance in an
31emergency or due to an accident as described in section 613.17.
324. “Communicable disease” means any disease spread from
33person to person or animal to person.
345. “Contagious or infectious disease” means hepatitis in
35any form, meningococcal disease, AIDS or HIV as defined in
-159-1section 141A.1, tuberculosis, and any other disease determined
2to be life-threatening to a person exposed to the disease as
3established by rules adopted by the department, based upon a
4determination by the state epidemiologist and in accordance
5with guidelines of the centers for disease control and
6prevention of the United States department of health and human
7services.
86. “Department” means the Iowa department of public health
9and human services.
107. “Designated officer” means a person who is designated by
11a department, agency, division, or service organization to act
12as an infection control liaison officer.
138. “Director” means the director of health and human
14services.
158. 9. “Exposure” means a specific eye, mouth, other mucous
16membrane, nonintact skin, or parenteral contact with blood or
17other potentially infectious bodily fluids.
189. 10. “Exposure-prone procedure” means a procedure
19performed by a health care provider which presents a recognized
20risk of percutaneous injury to the health care provider and
21if such an injury occurs, the health care provider’s blood
22is likely to contact a patient’s body cavity, subcutaneous
23tissues, or mucous membranes, or an exposure-prone procedure as
24defined by the centers for disease control and prevention of
25the United States department of health and human services.
2610. 11. “HBV” means hepatitis B virus.
2711. 12. “Health care facility” means a health care facility
28as defined in section 135C.1, an ambulatory surgical center,
29or a clinic.
3012. 13. “Health care provider” means a person licensed
31to practice medicine and surgery, osteopathic medicine
32and surgery, chiropractic, podiatry, nursing, dentistry,
33optometry, or as a physician assistant, dental hygienist, or
34acupuncturist.
3513. 14. “HIV” means HIV as defined in section 141A.1.
-160- 114. 15. “Hospital” means hospital as defined in section
2135B.1.
315. 16. “Isolation” means the separation of persons or
4animals presumably or actually infected with a communicable
5disease or who are disease carriers for the usual period of
6communicability of that disease in such places, marked by
7placards if necessary, and under such conditions as will
8prevent the direct or indirect conveyance of the infectious
9agent or contagion to susceptible persons.
1016. 17. “Local board” means the local board of health.
1117. 18. “Local department” means the local health
12department.
1318. 19. “Placard” means a warning sign to be erected and
14displayed on the periphery of a quarantine area, forbidding
15entry to or exit from the area.
1619. 20. “Public health disaster” means public health
17disaster as defined in section 135.140.
1820. 21. “Quarantinable disease” means any communicable
19disease designated by rule adopted by the department as
20requiring quarantine or isolation to prevent its spread.
2121. 22. “Quarantine” means the limitation of freedom
22of movement of persons or animals that have been exposed to
23a quarantinable disease within specified limits marked by
24placards for a period of time equal to the longest usual
25incubation period of the disease in such manner as to prevent
26the spread of a quarantinable disease which affects people.
2722. 23. “Reportable disease” means any disease designated
28by rule adopted by the department requiring its occurrence to
29be reported to an appropriate authority.
3023. 24. “Sexually transmitted disease or infection”
31means a disease or infection as identified by rules adopted
32by the department, based upon a determination by the state
33epidemiologist and in accordance with guidelines of the
34centers for disease control and prevention of the United States
35department of health and human services.
-161- 124. 25. “Significant exposure” means a situation in which
2there is a risk of contracting disease through exposure to
3a person’s infectious bodily fluids in a manner capable of
4transmitting an infectious agent as determined by the centers
5for disease control and prevention of the United States
6department of health and human services and adopted by rule of
7the department.
825. 26. “Terminal cleaning” means cleaning procedures
9defined in the isolation guidelines issued by the centers for
10disease control and prevention of the United States department
11of health and human services.
12 Sec. 221. Section 139A.3, subsection 3, paragraph c, Code
132023, is amended to read as follows:
14c. Notwithstanding paragraph “b”, information contained in
15the report may be reported in public health records in a manner
16which prevents the identification of any person or business
17named in the report. If information contained in the report
18concerns a business, information disclosing the identity of
19the business may be released to the public when the state
20epidemiologist or the director of public health determines such
21a release of information necessary for the protection of the
22health of the public.
23 Sec. 222. Section 139A.8, subsection 3, Code 2023, is
24amended to read as follows:
253. Subject to the provision of subsection 4, the state board
26of council on health and human services may modify or delete
27any of the immunizations in subsection 2.
28 Sec. 223. Section 139A.8, subsection 4, paragraph b, Code
292023, is amended to read as follows:
30b. The exemptions under this subsection do not apply in
31times of emergency or epidemic as determined by the state board
32of council on health and human services and as declared by the
33director of public health and human services.
34 Sec. 224. Section 139A.9, Code 2023, is amended to read as
35follows:
-162- 1139A.9 Forcible removal — isolation — quarantine.
2The forcible removal and isolation or quarantine of any
3infected person shall be accomplished according to the rules
4and regulations of the local board or the rules of the state
5board of council on health and human services.
6 Sec. 225. Section 141A.1, subsection 6, Code 2023, is
7amended to read as follows:
86. “Department” means the Iowa department of public health
9and human services.
10 Sec. 226. Section 141A.2, subsection 6, Code 2023, is
11amended to read as follows:
126. The department, with the approval of the state
13board of council on health and human services, may conduct
14epidemiological blinded and nonblinded studies to determine
15the incidence and prevalence of HIV infection. Initiation
16of any new epidemiological studies shall be contingent upon
17the receipt of funding sufficient to cover all the costs
18associated with the studies. The informed consent, reporting,
19and counseling requirements of this chapter shall not apply to
20blinded studies.
21 Sec. 227. Section 141A.4, subsection 1, paragraph c, Code
222023, is amended to read as follows:
23c. All persons having a history of injecting drug abuse use
24disorder.
25 Sec. 228. Section 141A.9, subsection 2, paragraph j, Code
262023, is amended to read as follows:
27j. To employees of state correctional institutions subject
28to the jurisdiction of the department of corrections, employees
29of secure facilities for juveniles subject to the department
30of health and human services, and employees of city and county
31jails, if the employees have direct supervision over inmates of
32those facilities or institutions in the exercise of the duties
33prescribed pursuant to section 80.9B.
34 Sec. 229. Section 142.1, Code 2023, is amended to read as
35follows:
-163- 1142.1 Delivery of bodies.
2The body of every person dying in a public asylum, hospital,
3county care facility, penitentiary, or reformatory in this
4state, or found dead within the state, or which is to be buried
5at public expense in this state, except those buried under the
6provisions of chapter 144C or 249, and which is suitable for
7scientific purposes, shall be delivered to the medical college
8of the state university, or some osteopathic or chiropractic
9college or school located in this state, which has been
10approved under the law regulating the practice of osteopathic
11medicine or chiropractic; but no such body shall be delivered
12to any such college or school if the deceased person expressed
13a desire during the person’s last illness that the person’s
14body should be buried or cremated, nor if such is the desire
15of the person’s relatives. Such bodies shall be equitably
16distributed among said colleges and schools according to their
17needs for teaching anatomy in accordance with such rules as
18may be adopted by the Iowa department of public health and
19human services. The expense of transporting said bodies to
20such college or school shall be paid by the college or school
21receiving the same. If the deceased person has not expressed
22a desire during the person’s last illness that the person’s
23body should be buried or cremated and no person authorized to
24control the deceased person’s remains under section 144C.5
25requests the person’s body for burial or cremation, and if a
26friend objects to the use of the deceased person’s body for
27scientific purposes, said deceased person’s body shall be
28forthwith delivered to such friend for burial or cremation at
29no expense to the state or county. Unless such friend provides
30for burial and burial expenses within five days, the body shall
31be used for scientific purposes under this chapter.
32 Sec. 230. Section 142.2, Code 2023, is amended to read as
33follows:
34142.2 Furnished to physicians.
35When there are more dead bodies available for use under
-164-1section 142.1 than are desired by said colleges or schools, the
2same may be delivered to physicians in the state for scientific
3study under such rules as may be adopted by the Iowa department
4of public health and human services.
5 Sec. 231. Section 142.3, Code 2023, is amended to read as
6follows:
7142.3 Notification of department.
8Every county medical examiner, funeral director or embalmer,
9and the managing officer of every public asylum, hospital,
10county care facility, penitentiary, or reformatory, as soon
11as any dead body shall come into the person’s custody which
12may be used for scientific purposes as provided in sections
13142.1 and 142.2, shall at once notify the nearest relative
14or friend of the deceased, if known, and the Iowa department
15of public health and human services, and hold such body
16unburied for forty-eight hours. Upon receipt of notification,
17the department shall issue verbal or written instructions
18relative to the disposition to be made of said body. Complete
19jurisdiction over said bodies is vested exclusively in the Iowa
20 department of public health and human services. No autopsy or
21post mortem, except as are legally ordered by county medical
22examiners, shall be performed on any of said bodies prior to
23their delivery to the medical schools.
24 Sec. 232. Section 142.9, Code 2023, is amended to read as
25follows:
26142.9 Failure to deliver dead body.
27Any person having the custody of the dead body of any human
28being which is required to be delivered for scientific purposes
29by this chapter, who shall fail to notify the Iowa department
30of public health and human services of the existence of such
31body, or fail to deliver the same in accordance with the
32instructions of the department, shall be guilty of a simple
33misdemeanor.
34 Sec. 233. Section 142A.2, Code 2023, is amended to read as
35follows:
-165- 1142A.2 Definitions.
2As used in this chapter, unless the context otherwise
3requires:
41. “Administrator” means the administrator of the division
5of tobacco use prevention and control.
62. 1. “Commission” means the commission on tobacco use
7prevention and control established in this chapter.
83. 2. “Community partnership” means a public agency or
9nonprofit organization implementing the tobacco use prevention
10and control initiative in a local area in accordance with this
11chapter.
124. 3. “Department” means the Iowa department of public
13 health and human services.
145. 4. “Director” means the director of public health and
15human services.
166. “Division” means the division of tobacco use prevention
17and control of the Iowa department of public health,
18established pursuant to this chapter.
197. 5. “Initiative” means the comprehensive tobacco use
20prevention and control initiative established in this chapter.
218. 6. “Manufacturer” means manufacturer as defined in
22section 453A.1.
239. 7. “Pregnant woman” means a female of any age who is
24pregnant.
2510. 8. “School-age youth” means a person attending school
26in kindergarten through grade twelve.
2711. 9. “Tobacco” means both cigarettes and tobacco products
28as defined in section 453A.1.
2912. 10. “Youth” means a person who is five through
30twenty-four years of age.
31 Sec. 234. Section 142A.3, Code 2023, is amended to read as
32follows:
33142A.3 Tobacco use prevention and control — division —
34commission — created.
351. The department shall establish, as a separate and
-166-1distinct division within the department, a division of tobacco
2use prevention and control. The division shall develop,
3implement, and administer the initiative established in this
4chapter and shall perform other duties as directed by this
5chapter or as assigned by the director of public health.
62. A commission on tobacco use prevention and control
7is established to develop policy, provide direction for
8the initiative, and perform all other duties related to
9the initiative and other tobacco use prevention and control
10activities as directed by this chapter or referred to the
11commission by the director of public health.
123. The membership of the commission shall include the
13following voting members who shall serve three-year, staggered
14terms:
15a. Members, at least one of whom is a member of a racial
16minority, to be appointed by the governor, subject to
17confirmation by the senate pursuant to sections 2.32 and 69.19,
18and consisting of the following:
19(1) Three members who are active with nonprofit health
20organizations that emphasize tobacco use prevention or who are
21active as health services providers, at the local level.
22(2) Three members who are active with health promotion
23activities at the local level in youth education, nonprofit
24services, or other activities relating to tobacco use
25prevention and control.
26b. Three voting members, to be selected by the participants
27in the annual statewide youth summit of the initiative’s youth
28program, who shall not be subject to section 69.16 or 69.16A.
29However, the selection process shall provide for diversity
30among the members and at least one of the youth members shall
31be a female.
324. The commission shall also include the following ex
33officio, nonvoting members:
34a. Four members of the general assembly, with not more than
35one member from each chamber being from the same political
-167-1party. The majority leader of the senate and the minority
2leader of the senate shall each appoint one of the senate
3members. The majority leader of the house of representatives
4and the minority leader of the house of representatives shall
5each appoint one of the house members.
6b. The presiding officer of the statewide youth executive
7body, selected by the delegates to the statewide youth summit.
85. In addition to the members of the commission, the
9following agencies, organizations, and persons shall each
10assign a single liaison to the commission to provide assistance
11to the commission in the discharge of the commission’s duties:
12a. The department of education.
13b. The drug policy coordinator director.
14c. The department of justice, office of the attorney
15general.
16d. The department of human services.
176. Citizen members shall be reimbursed for actual and
18necessary expenses incurred in performance of their duties.
19Citizen members shall be paid a per diem as specified in
20section 7E.6. Legislative members are eligible for per diem
21and expenses as provided in section 2.10.
227. A member of the commission who is convicted of a crime
23relating to tobacco, alcohol, or controlled substances is
24subject to removal from the commission.
258. A vacancy on the commission other than for the youth
26members shall be filled in the same manner as the original
27appointment for the balance of the unexpired term. A youth
28member vacancy shall be filled by the presiding officer of the
29statewide executive body as selected by the delegates to the
30statewide youth summit.
319. The commission shall elect a chairperson from among its
32voting members and may select other officers from among its
33voting members, as determined necessary by the commission.
34The commission shall meet regularly as determined by the
35commission, upon the call of the chairperson, or upon the call
-168-1of a majority of the voting members.
210. The commission may designate an advisory council. The
3commission shall determine the membership and representation
4of the advisory council and members of the council shall serve
5at the pleasure of the commission. The advisory council may
6include representatives of health care provider groups, parent
7groups, antitobacco advocacy programs and organizations,
8research and evaluation experts, and youth organizers.
9 Sec. 235. Section 142A.4, Code 2023, is amended to read as
10follows:
11142A.4 Commission duties.
12The commission shall do all of the following:
131. Develop and implement the comprehensive tobacco use
14prevention and control initiative as provided in this chapter.
152. Provide a forum for the discussion, development, and
16recommendation of public policy alternatives in the field of
17tobacco use prevention and control.
183. Develop an educational component of the initiative.
19Educational efforts provided through the school system shall be
20developed in conjunction with the department of education.
214. Develop a plan for implementation of the initiative in
22accordance with the purpose and intent specified in section
23142A.1.
245. Provide for technical assistance, training, and other
25support under the initiative.
266. Take actions to develop and implement a statewide
27system for the initiative programs that are delivered through
28community partnerships.
297. Manage and coordinate the provision of funding and other
30moneys available to the initiative by combining all or portions
31of appropriations or other revenues as authorized by law.
328. Assist with the linkage of the initiative with child
33welfare and juvenile justice decategorization projects,
34education programming, early childhood Iowa areas, and other
35programs and services directed to youth at the state and
-169-1community level.
29. a. Coordinate and respond to any requests from a
3community partnership relating to any of the following:
4(1) Removal of barriers to community partnership efforts.
5(2) Pooling and redirecting of existing federal, state, or
6other public or private funds available for purposes that are
7consistent with the initiative.
8(3) Seeking of federal waivers to assist community
9partnership efforts.
10b. In coordinating and responding to the requests, the
11commission shall work with state agencies, the governor, and
12the general assembly as necessary to address requests deemed
13appropriate by the commission.
1410. Adopt rules pursuant to chapter 17A as necessary for
15the designation, governance, and oversight of the initiative
16and the implementation of this chapter. The commission shall
17provide for community partnership and youth program input in
18the rules adoption process. The rules shall include but are
19not limited to all of the following:
20a. Performance indicators for initiative programs, community
21partnerships, and the services provided under the auspices of
22community partnerships. The performance indicators shall be
23developed with input from communities.
24b. Minimum standards to further the provision of equal
25access to services.
2611. Monitor and evaluate the effectiveness of performance
27measures utilized under the initiative.
2812. Submit a report to the governor and the general assembly
29on a periodic basis, during the initial year of operation,
30and on an annual basis thereafter, regarding the initiative,
31including demonstrated progress based on performance
32indicators. The commission shall report more frequently if
33requested by the joint appropriations subcommittee that makes
34recommendations concerning the commission’s budget. Beginning
35July 1, 2005, the commission shall also perform a comprehensive
-170-1review of the initiative and shall submit a report of its
2findings to the governor and the general assembly on or before
3December 15, 2005.
413. Represented by the chairperson of the commission,
5annually appear before the joint appropriations subcommittee
6that makes recommendations concerning the commission’s budget
7to report on budget expenditures and division department
8 operations relative to the prior fiscal year and the current
9fiscal year.
1014. Advise the director in evaluating potential candidates
11for the position of administrator, consult with the director
12in the hiring of the administrator, and review and advise
13the director on the performance of the administrator in the
14discharge of the administrator’s duties.
1515. 14. Prioritize funding needs and the allocation of
16moneys appropriated and other resources available for the
17programs and activities of the initiative.
1816. 15. Review fiscal needs of the initiative and make
19recommendations to the director in the development of budget
20requests.
2117. 16. Solicit and accept any gift of money or property,
22including any grant of money, services, or property from the
23federal government, the state, a political subdivision, or
24a private source that is consistent with the goals of the
25initiative. The commission shall adopt rules prohibiting the
26acceptance of gifts from a manufacturer of tobacco products.
2718. 17. Advise and make recommendations to the governor,
28the general assembly, and the director, and the administrator,
29relative to tobacco use, treatment, intervention, prevention,
30control, and education programs in the state.
3119. 18. Evaluate the work of the division and the
32 department relating to the initiative. For this purpose, the
33commission shall have access to any relevant department records
34and documents, and other information reasonably obtainable by
35the department.
-171- 120. 19. Develop the structure for the statewide youth
2summit to be held annually.
321. 20. Approve the content of any materials distributed
4by the youth program pursuant to section 142A.9, prior to
5distribution of the materials.
6 Sec. 236. Section 142A.5, Code 2023, is amended to read as
7follows:
8142A.5 Director and administrator Department duties.
91. The director department shall do all of the following:
10a. Establish and maintain the division of tobacco use
11prevention and control.
12b. Employ a separate division administrator, in accordance
13with the requirements of section 142A.4, subsection 14, in a
14full-time equivalent position whose sole responsibility and
15duty shall be the administration and oversight of the division.
16The division administrator shall report to and shall serve
17at the pleasure of the director. The administrator shall
18be exempt from the merit system provisions of chapter 8A,
19subchapter IV.
20c. 1. Coordinate all tobacco use prevention and control
21programs and activities under the purview of the department.
22d. 2. Receive and review budget recommendations from the
23commission. The director shall consider these recommendations
24in developing the budget request for the department.
252. The administrator shall do all of the following:
26a. 3. Implement the initiative, coordinate the activities
27of the commission and the initiative, and coordinate other
28tobacco use prevention and control activities as assigned by
29the director.
30b. 4. Monitor and evaluate the effectiveness of performance
31measures.
32c. 5. Provide staff and administrative support to the
33commission.
34d. 6. Administer contracts entered into under this chapter.
35e. 7. Coordinate and cooperate with other tobacco use
-172-1prevention and control programs within and outside of the
2state.
3f. 8. Provide necessary information to the commission
4to assist the commission in making its annual report to the
5joint appropriations subcommittee pursuant to section 142A.4,
6subsection 13, and in fulfilling other commission duties
7pursuant to section 142A.4.
8 Sec. 237. Section 142A.6, subsections 1 and 4, Code 2023,
9are amended to read as follows:
101. A comprehensive tobacco use prevention and control
11initiative is established. The division department shall
12implement the initiative as provided in this chapter.
134. The division department shall implement the initiative
14in a manner that ensures that youth are extensively involved
15in the decision making for the programs implemented under
16the initiative. The initiative shall also involve parents,
17schools, and community members in activities to achieve the
18results desired for the initiative. The division department
19 shall encourage collaboration at the state and local levels
20to maximize available resources and to provide flexibility to
21support community efforts.
22 Sec. 238. Section 142C.15, subsections 1 and 2, Code 2023,
23are amended to read as follows:
241. An anatomical gift public awareness and transplantation
25fund is created as a separate fund in the state treasury
26under the control of the Iowa department of public health and
27human services. The fund shall consist of moneys remitted
28by the county treasurer of a county or by the department of
29transportation which were collected through the payment of a
30contribution made by an applicant for registration of a motor
31vehicle pursuant to section 321.44A and any other contributions
32to the fund.
332. The moneys collected under this section and deposited
34in the fund are appropriated to the Iowa department of public
35 health and human services for the purposes specified in
-173-1this section. Moneys in the fund shall not be subject to
2appropriation or expenditure for any other purpose.
3 Sec. 239. Section 142C.15, subsection 4, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5The Iowa department of public health and human services may
6use not more than five percent of the moneys in the fund for
7administrative costs. The remaining moneys in the fund may
8be expended through grants to any of the following persons,
9subject to the following conditions:
10 Sec. 240. Section 142C.17, unnumbered paragraph 1, Code
112023, is amended to read as follows:
12The Iowa department of public health and human services, in
13conjunction with any statewide organ procurement organization
14in Iowa, shall prepare and submit a report to the general
15assembly on or before January 1 each year regarding organ
16donation rates and voluntary compliance efforts with hospital
17organ and tissue donation protocols by physicians, hospitals,
18and other health systems organizations. The report shall
19contain the following:
20 Sec. 241. Section 142C.18, subsection 1, Code 2023, is
21amended to read as follows:
221. The director department of public health and human
23services shall contract with and recognize the Iowa donor
24registry for the purpose of indicating on the donor registry
25all relevant information regarding a donor’s making or amending
26of an anatomical gift.
27 Sec. 242. Section 142D.2, Code 2023, is amended by adding
28the following new subsection:
29 NEW SUBSECTION. 3A. “Department” means the department of
30health and human services.
31 Sec. 243. Section 142D.6, subsection 3, Code 2023, is
32amended to read as follows:
333. The owner, operator, manager, or other person having
34custody or control of a public place, place of employment,
35area declared a nonsmoking place pursuant to section 142D.5,
-174-1or outdoor area where smoking is prohibited under this
2chapter shall clearly and conspicuously post in and at every
3entrance to the public place, place of employment, area
4declared a nonsmoking place pursuant to section 142D.5, or
5outdoor area, “no smoking” signs or the international “no
6smoking” symbol. Additionally, a “no smoking” sign or the
7international “no smoking” symbol shall be placed in every
8vehicle that constitutes a public place, place of employment,
9or area declared a nonsmoking place pursuant to section 142D.5
10under this chapter, visible from the exterior of the vehicle.
11All signs shall contain the telephone number for reporting
12complaints and the internet site of the department of public
13health. The owner, operator, manager, or other person having
14custody or control of the public place, place of employment,
15area declared a nonsmoking place pursuant to section 142D.5,
16or outdoor area may use the sample signs provided on the
17department of public health’s department’s internet site, or
18may use another sign if the contents of the sign comply with
19the requirements of this subsection.
20 Sec. 244. Section 142D.8, Code 2023, is amended to read as
21follows:
22142D.8 Enforcement.
231. This chapter shall be enforced by the department of
24public health or the department’s designee. The department of
25public health shall adopt rules to administer this chapter,
26including rules regarding enforcement. The department
27of public health shall provide information regarding the
28provisions of this chapter and related compliance issues to
29employers, owners, operators, managers, and other persons
30having custody or control of a public place, place of
31employment, area declared a nonsmoking place pursuant to
32section 142D.5, or outdoor area where smoking is prohibited,
33and the general public via the department’s internet site. The
34internet site shall include sample signage and the telephone
35number for reporting complaints. Judicial magistrates shall
-175-1hear and determine violations of this chapter.
22. If a public place is subject to any state or political
3subdivision inspection process or is under contract with the
4state or a political subdivision, the person performing the
5inspection shall assess compliance with the requirements of
6this chapter and shall report any violations to the department
7of public health or the department’s designee.
83. An owner, operator, manager, or other person having
9custody or control of a public place, place of employment, area
10declared a nonsmoking place pursuant to section 142D.5, or
11outdoor area regulated under this chapter shall inform persons
12violating this chapter of the provisions of this chapter.
134. An employee or private citizen may bring a legal action
14to enforce this chapter. Any person may register a complaint
15under this chapter by filing a complaint with the department of
16public health or the department’s designee.
175. In addition to the remedies provided in this section, the
18department of public health or the department’s designee or any
19other person aggrieved by the failure of the owner, operator,
20manager, or other person having custody or control of a public
21place, place of employment, area declared a nonsmoking place
22pursuant to section 142D.5, or outdoor area regulated by this
23chapter to comply with this chapter may seek injunctive relief
24to enforce this chapter.
25 Sec. 245. Section 142D.9, subsection 5, Code 2023, is
26amended to read as follows:
275. Violation of this chapter constitutes a public nuisance
28which may be abated by the department of public health or the
29department’s designee by restraining order, preliminary or
30permanent injunction, or other means provided by law, and the
31entity abating the public nuisance may take action to recover
32the costs of such abatement.
33 Sec. 246. Section 144.1, Code 2023, is amended to read as
34follows:
35144.1 Definitions.
-176- 1As used in this chapter, unless the context otherwise
2requires:
31. “Board” means the state board of health.
42. “Book”, “list”, “record”, or “schedule” kept by a county
5auditor, assessor, treasurer, recorder, sheriff, or other
6county officer means the county system as defined in section
7445.1.
83. 1. “Court of competent jurisdiction” when used to refer
9to inspection of an original certificate of birth based upon an
10adoption means the court where the adoption was ordered.
114. 2. “Cremated remains” means all the remains of the
12cremated human body recovered after the completion of the
13cremation process, including pulverization which leaves only
14bone fragments reduced to unidentifiable dimensions, and may
15include the residue of any foreign matter including casket
16material, bridgework, or eyeglasses that were cremated with the
17human remains.
185. 3. “Cremation” means the technical process, using
19heat and flame, that reduces human remains to bone fragments,
20with the reduction taking place through heat and evaporation.
21Cremation shall include the processing, and may include the
22pulverization, of the bone fragments.
236. 4. “Dead body” means a lifeless human body or parts
24or bones of a body, if, from the state of the body, parts,
25or bones, it may reasonably be concluded that death recently
26occurred.
277. 5. “Department” means the Iowa department of public
28 health and human services.
298. “Division” means a division, within the department, for
30records and statistics.
319. 6. “Fetal death” means death prior to the complete
32expulsion or extraction from its mother of a product of human
33conception, irrespective of the duration of pregnancy. Death
34is indicated by the fact that after expulsion or extraction
35the fetus does not breathe or show any other evidence of life
-177-1such as beating of the heart, pulsation of the umbilical cord,
2or definite movement of voluntary muscles. In determining a
3fetal death, heartbeats shall be distinguished from transient
4cardiac contractions, and respirations shall be distinguished
5from fleeting respiratory efforts or gasps.
610. 7. “Filing” means the presentation of a certificate,
7report, or other record, provided for in this chapter, of a
8birth, death, fetal death, adoption, marriage, dissolution, or
9annulment for registration by the division department.
1011. 8. “Final disposition” means the burial, interment,
11cremation, removal from the state, or other disposition of a
12dead body or fetus.
1312. 9. “Institution” means any establishment, public
14or private, which provides inpatient medical, surgical,
15or diagnostic care or treatment, or nursing, custodial, or
16domiciliary care to two or more unrelated individuals, or to
17which persons are committed by law.
1813. 10. “Live birth” means the complete expulsion or
19extraction from its mother of a product of human conception,
20irrespective of the duration of pregnancy, which, after
21such expulsion or extraction, breathes or shows any other
22evidence of life such as beating of the heart, pulsation of
23the umbilical cord, or definite movement of voluntary muscles,
24whether or not the umbilical cord has been cut or the placenta
25is attached. In determining a live birth, heartbeats shall
26be distinguished from transient cardiac contractions, and
27respirations shall be distinguished from fleeting respiratory
28efforts or gasps.
2911. “Record” kept by a county auditor, assessor, treasurer,
30recorder, sheriff, or other county officer means the county
31system as defined in section 445.1.
3214. 12. “Registration” means the process by which vital
33statistic records are completed, filed, and incorporated by the
34division department in the division’s department’s official
35records.
-178- 115. 13. “State registrar” means the state registrar of
2vital statistics.
316. 14. “System of vital statistics” includes the
4registration, collection, preservation, amendment, and
5certification of vital statistics records, and activities and
6records related thereto to the records including the data
7processing, analysis, and publication of statistical data
8derived from such records.
917. 15. “Vital statistics” means records of births, deaths,
10fetal deaths, adoptions, marriages, dissolutions, annulments,
11and data related thereto to the records.
12 Sec. 247. Section 144.2, Code 2023, is amended to read as
13follows:
14144.2 Division of records Records and statistics.
15There is established in the The department a division for
16records and statistics which shall install, maintain, and
17operate the system of vital statistics throughout the state.
18No system for the registration of births, deaths, fetal deaths,
19adoptions, marriages, dissolutions, and annulments, shall be
20maintained in the state or any of its political subdivisions
21other than the one provided for in this chapter. Suitable
22quarters shall be provided for the division department
23 by the executive council at the seat of government. The
24quarters shall be properly equipped for the permanent and safe
25preservation of all official records made and returned under
26this chapter.
27 Sec. 248. Section 144.4, Code 2023, is amended to read as
28follows:
29144.4 Registrar State registrar.
30The director of public health or the director’s designee
31 shall be the state registrar of vital statistics and shall
32carry out the provisions of this chapter.
33 Sec. 249. Section 144.5, Code 2023, is amended to read as
34follows:
35144.5 Duties of state registrar.
-179- 1The state registrar shall do all of the following:
21. Administer and enforce this chapter and the rules issued
3under this chapter, and issue instructions for the efficient
4administration of the statewide system of vital statistics and
5the division for records and statistics.
62. Direct and supervise the statewide system of vital
7statistics and the division for records and statistics and be
8custodian of its records.
93. Direct, supervise, and control the activities of clerks
10of the district court and county recorders related to the
11operation of the vital statistics system and provide registrars
12with necessary postage.
134. Prescribe, print, and distribute the forms required by
14this chapter and prescribe any other means for transmission of
15data, as necessary to accomplish complete, accurate reporting.
165. Prepare and publish annual reports of vital statistics of
17this state and other reports as may be required.
186. Delegate functions and duties vested in the state
19registrar to officers, to employees of the department, to the
20clerks of the district court, and to the county registrars as
21the state registrar deems necessary or expedient.
227. Provide, by rules, for appropriate morbidity reporting.
23 Sec. 250. Section 144.12A, subsection 4, Code 2023, is
24amended to read as follows:
254. The department shall, upon request, provide the name,
26address, social security number, and any other identifying
27information of a registrant to the biological mother of
28the child; a court; the department of human services; the
29attorney of any party to an adoption, termination of parental
30rights, or establishment of paternity or support action; or
31to the child support recovery unit services for an action to
32establish paternity or support; or any other subunit of the
33department subject to prior approval by the state registrar.
34The information shall not be divulged to any other person and
35shall be considered a confidential record as to any other
-180-1person, except upon order of the court for good cause shown.
2If the registry has not received a declaration of paternity,
3the department shall provide a written statement to that effect
4to the person making the inquiry.
5 Sec. 251. Section 144.13, subsection 4, Code 2023, is
6amended to read as follows:
74. The division state registrar shall make all of the
8following available to the child support recovery unit
9 services, upon request:
10a. A copy of a child’s birth certificate.
11b. The social security numbers of the mother and the father.
12c. A copy of the affidavit of paternity if filed pursuant
13to section 252A.3A and any subsequent rescission form which
14rescinds the affidavit.
15d. Information, other than information for medical and
16health use only, identified on a child’s birth certificate or
17on an affidavit of paternity filed pursuant to section 252A.3A.
18The information may be provided as mutually agreed upon by the
19division state registrar and the child support recovery unit
20 services, including by automated exchange.
21 Sec. 252. Section 144.13A, subsection 5, paragraph a, Code
222023, is amended to read as follows:
23a. Ten dollars of each registration fee is appropriated and
24shall be used for primary and secondary child abuse prevention
25programs pursuant to section 235A.1, and ten dollars of each
26registration fee is appropriated and shall be used for the
27center for congenital and inherited disorders central registry
28established pursuant to section 136A.6. Notwithstanding
29section 8.33, moneys appropriated in this paragraph that remain
30unencumbered or unobligated at the close of the fiscal year
31shall not revert but shall remain available for expenditure
32for the purposes designated until the close of the succeeding
33fiscal year, and shall not be transferred, used, obligated,
34appropriated, or otherwise encumbered except as provided in
35this paragraph.
-181-1 Sec. 253. Section 144.26, Code 2023, is amended to read as
2follows:
3144.26 Death certificate.
41. a. A death certificate for each death which occurs
5in this state shall be filed as directed by the state
6registrar within three days after the death and prior to final
7disposition, and shall be registered by the county registrar
8if it has been completed and filed in accordance with this
9chapter. A death certificate shall include the social security
10number, if provided, of the deceased person. All information
11including the certifying physician’s, physician assistant’s,
12or advanced registered nurse practitioner’s name shall be
13typewritten.
14b. A physician assistant or an advanced registered nurse
15practitioner authorized to sign a death certificate shall be
16licensed in this state and shall have been in charge of the
17deceased patient’s care.
182. All information included on a death certificate may
19be provided as mutually agreed upon by the division state
20registrar and the child support recovery unit services,
21including by automated exchange.
223. a. The county in which a dead body is found is the
23county of death. If death occurs in a moving conveyance,
24the county in which the dead body is first removed from the
25conveyance is the county of death.
26b. If a decedent died outside of the county of the
27decedent’s residence, the state registrar shall send a copy
28of the decedent’s death certificate and any amendments to the
29county registrar of the county of the decedent’s residence.
30The county registrar shall record a death certificate received
31pursuant to this paragraph in the same records in which the
32death certificate of a decedent who died within the county
33is recorded. The state registrar may provide the county
34registrars with electronic access to vital records in lieu of
35the requirements of this paragraph.
-182- 14. a. The department shall establish by rule procedures
2for making a finding of presumption of death when no body
3can be found. The department shall also provide by rule
4the responsibility for completing and signing the medical
5certification of cause of death in such circumstances. The
6presumptive death certificate shall be in a form prescribed by
7the state registrar and filed in the county where the death was
8presumed to occur.
9b. The division department shall provide for the correction,
10substitution, or removal of a presumptive death certificate
11when the body of the person is later found, additional facts
12are discovered, or the person is discovered to be alive.
135. Upon the activation of an electronic death record system,
14each person with a duty related to death certificates shall
15participate in the electronic death record system. A person
16with a duty related to a death certificate includes but is not
17limited to a physician as defined in section 135.1, a physician
18assistant, an advanced registered nurse practitioner, a funeral
19director, and a county recorder.
20 Sec. 254. Section 144.29A, subsection 1, paragraph c, Code
212023, is amended to read as follows:
22c. The maternal health services region of the Iowa
23 department of public health and human services, as designated
24as of July 1, 1997, in which the patient resides.
25 Sec. 255. Section 144.36, subsection 1, Code 2023, is
26amended to read as follows:
271. A certificate recording each marriage performed in
28this state shall be filed with the state registrar. The
29county registrar shall prepare the certificate on the form
30furnished by the state registrar upon the basis of information
31obtained from the parties to be married, who shall attest to
32the information by their signatures. The county registrar in
33each county shall keep a record book for marriages of marriage
34certificates as required by the state registrar. The form of
35marriage record books shall be uniform throughout the state. A
-183-1properly indexed permanent record of marriage certificates upon
2microfilm, electronic computer, or data processing equipment
3may be kept in lieu of marriage record books.
4 Sec. 256. Section 144.37, Code 2023, is amended to read as
5follows:
6144.37 Dissolution and annulment records.
71. For each dissolution or annulment of marriage granted
8by any court in this state, a record shall be prepared by
9the clerk of court or by the petitioner or the petitioner’s
10legal representative if directed by the clerk and filed by
11the clerk of court with the state registrar. The information
12necessary to prepare the report record shall be furnished with
13the petition, to the clerk of court by the petitioner or the
14petitioner’s legal representative, on forms supplied by the
15state registrar.
162. The clerk of the district court in each county shall
17keep a record book for maintain the records of dissolutions and
18annulments of marriage as required by the state registrar. The
19form of dissolution record books shall be uniform throughout
20the state. A properly indexed record of dissolutions upon
21microfilm, electronic computer, or data processing equipment
22may be kept in lieu of dissolution record books.
233. On or before the tenth day of each calendar month, the
24clerk of court shall forward to the state registrar the record
25of each dissolution and annulment granted during the preceding
26calendar month and related reports required by regulations
27issued under this chapter.
28 Sec. 257. Section 144.43, subsection 3, paragraph b, Code
292023, is amended to read as follows:
30b. The following vital statistics records in the custody
31of the state archivist may be inspected and copied as of right
32under chapter 22:
33(1) A record of birth that if the record is at least
34seventy-five years old or upon proof of entitlement to the
35record.
-184- 1(2) A record of marriage that if the record is at least
2seventy-five years old or upon proof of entitlement to the
3record.
4(3) A record of divorce, dissolution of marriage,
5or annulment of marriage that if the record is at least
6seventy-five years old or upon proof of entitlement to the
7record.
8(4) A record of death or fetal death, either of which if the
9record is at least fifty years old or upon proof of entitlement
10to the record.
11 Sec. 258. Section 144A.2, subsection 5, Code 2023, is
12amended to read as follows:
135. “Department” means the Iowa department of public health
14and human services.
15 Sec. 259. Section 144D.1, subsection 2, Code 2023, is
16amended to read as follows:
172. “Department” means the department of public health and
18human services.
19 Sec. 260. Section 146A.1, subsection 1, paragraph d,
20subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
21to read as follows:
22That the woman has been provided information regarding all
23of the following, based upon the materials developed by the
24department of public health and human services pursuant to
25subparagraph (2):
26 Sec. 261. Section 146A.1, subsection 1, paragraph d,
27subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
28to read as follows:
29The department of public health and human services shall
30make available to physicians, upon request, all of the
31following information:
32 Sec. 262. Section 146B.1, subsection 3, Code 2023, is
33amended to read as follows:
343. “Department” means the department of public health and
35human services.
-185-1 Sec. 263. Section 147.77, Code 2023, is amended to read as
2follows:
3147.77 Powers, privileges, rights, or duties provided by rule
4— applicability to physician assistants.
51. The following agencies that adopt rules pursuant to
6chapter 17A providing a power, privilege, right, or duty to
7a physician licensed under chapter 148 or other profession
8licensed under this subtitle relating to the following subjects
9shall, consistent with the scope of practice of physician
10assistants licensed under chapter 148C, and unless otherwise
11inconsistent with state or federal law, provide the same power,
12privilege, right, or duty by rule to a physician assistant
13licensed under chapter 148C:
14a. The department of administrative services, with respect
15to rules relating to the following:
16(1) Retroactive conversion of vacation time to sick leave
17for vacation time spent under the care of a physician.
18(2) Certification of a catastrophic illness by a physician
19for purposes of donation of leave and second medical
20opinions and updates sought from a physician relating to such
21certifications.
22b. The department on aging, with respect to rules relating
23to a written order from a physician for an older individual
24requesting a therapeutic diet, and the interpretation of such
25orders.
26c. b. The department of corrections, with respect to rules
27relating to the following:
28(1) That a parolee shall not use, purchase, possess, or
29transfer any drugs unless prescribed by a physician.
30(2) That a serious medical need is one that has been
31diagnosed by a physician as requiring treatment or is one so
32obvious that a lay person would easily recognize the necessity
33for a physician’s attention.
34(3) That each jail shall have a designated licensed
35physician, licensed osteopathic physician, or medical resource
-186-1designated for the medical supervision, care, and treatment of
2prisoners as deemed necessary and appropriate.
3(4) That prescription medication, as ordered by a licensed
4physician, licensed osteopathic physician, or licensed dentist
5shall be provided in accordance with the directions of the
6prescribing physician or dentist. Prisoners with medication
7from a personal physician, osteopathic physician, or dentist
8may be evaluated by a physician, osteopathic physician, or
9dentist selected by the jail administrator to determine if the
10present medication is appropriate.
11(5) That expired drugs or drugs not in unit dose packaging,
12whose administration had been discontinued by the attending
13physician, shall be destroyed by the jail administrator or
14designee in the presence of a witness.
15(6) That special diets in jails prescribed by a physician
16shall be followed and documented, that the physician who
17prescribes the special diet shall specify a date on which the
18diet will be reviewed for renewal or discontinuation, and that
19unless specified by the prescribing physician, a certified
20dietitian shall develop the menu.
21(7) That special diets prescribed by a physician for the
22care and treatment of juveniles in nonsecure hold shall be
23followed and documented.
24(8) For medical services in temporary holding facilities,
25that a serious medical need is one that has been diagnosed by
26a physician as requiring treatment or one that is so obvious
27that a lay person would easily recognize the necessity for a
28physician’s attention.
29(9) For medical resources in temporary holding facilities,
30that each facility shall have a designated licensed physician,
31licensed osteopathic physician, or medical resource designated
32for the medical supervision, care, and treatment of detainees
33as deemed necessary and appropriate.
34(10) Medication procedures in temporary holding facilities,
35that prescription medication, as ordered by a licensed
-187-1physician, licensed osteopathic physician, or licensed dentist
2shall be provided in accordance with the directions of the
3prescribing physician or dentist. Detainees with medication
4from a personal physician, osteopathic physician, or dentist
5may be evaluated by a physician, osteopathic physician, or
6dentist selected by the facility administrator to determine if
7the present medication is appropriate.
8(11) For medication storage in temporary holding
9facilities, that expired drugs or drugs not in unit dose
10packaging, whose administration had been discontinued by
11the attending physician, shall be destroyed by the facility
12administrator or designee in the presence of a witness.
13(12) For medical diets in temporary holding facilities,
14that special diets as prescribed by a physician shall be
15followed and documented.
16(13) For medical care and treatment for juveniles in
17nonsecure holds in temporary holding facilities, that special
18diets as prescribed by a physician shall be followed and
19documented.
20d. c. The economic development authority, with respect
21to rules relating to the certification of a person with a
22disability for the purpose of the targeted small business
23program, that in order to be considered a person with a
24disability for the purpose of the targeted small business
25program, the person must qualify and receive certification as
26having a disability from a licensed medical physician or must
27have been found eligible for vocational rehabilitation services
28by the department of education workforce development, division
29of vocational rehabilitation services, or by the department for
30the blind.
31e. d. The department of education, with respect to rules
32relating to the following:
33(1) For statements relating to medication administration
34policies, that a statement that persons administering
35medication shall include authorized practitioners, such as
-188-1licensed registered nurses and physicians, and persons to whom
2authorized practitioners have delegated the administration
3of prescription and nonprescription drugs. Individuals
4shall self-administer asthma or other airway constricting
5disease medication or possess and have use of an epinephrine
6auto-injector with parent and physician consent on file,
7without the necessity of demonstrating competency to
8self-administer these medications.
9(2) For medication administration courses relating
10to medication administration policies, that a medication
11administration course be conducted by a registered nurse
12or licensed pharmacist and include an annual medication
13administration procedural skills check completed with a
14registered nurse or pharmacist.
15(3) For school-based youth services programs, that
16preventive and primary health care services shall be delivered
17by specifically credentialed providers as specified.
18f. e. The department of health and human services, with
19respect to rules relating to the following:
20(1) That an incident for purposes of accreditation
21of providers of services to persons with mental illness,
22intellectual disabilities, or developmental disabilities
23includes but is not limited to an occurrence involving the
24individual using the service that results in a physical injury
25to or by the individual that requires a physician’s treatment
26or admission to a hospital.
27(2) That a mental health professional, for purposes
28of accreditation of providers of services to persons with
29mental illness, intellectual disabilities, or developmental
30disabilities, includes a medical professional licensed in this
31state, provided that the professional otherwise meets all of
32the conditions to qualify as a mental health professional.
33(3) That home health aide services for purposes of
34disability services management and regional services may
35include medications specifically ordered by a physician.
-189- 1(4) That payment relating to the state supplementary
2assistance program for residential care shall only be made when
3there is on file an order written by a physician certifying
4that the applicant or recipient being admitted requires
5residential care but does not require nursing services.
6(5) That a case folder for a facility participating in
7the state supplementary assistance program must include a
8physician’s statement certifying that a resident does not
9require nursing services.
10(6) That personnel providing psychological evaluations
11and counseling or psychotherapy services for area education
12agencies under the medical assistance program include specified
13professions endorsed, licensed, or registered in this state,
14provided that the professional otherwise meets all of the
15conditions to qualify as a mental health professional.
16(7) That personnel providing psychological evaluations and
17counseling or psychotherapy services for providers of infant
18and toddler program services under the medical assistance
19program include specified professions endorsed, licensed,
20or registered in this state, provided that the professional
21otherwise meets all of the conditions to qualify as a mental
22health professional.
23(8) That personnel providing other services for providers
24of infant and toddler program services under the medical
25assistance program include specified professions recognized,
26endorsed, or licensed in this state, provided that the
27professional otherwise meets all of the conditions to qualify
28as a mental health professional.
29(9) That personnel providing psychological evaluations
30and counseling or psychotherapy services for providers of
31local education agency services under the medical assistance
32program include specified professions endorsed, licensed,
33or registered in this state, provided that the professional
34otherwise meets all of the conditions to qualify as a mental
35health professional.
-190- 1(10) That personnel providing other services for providers
2of local education agency services under the medical assistance
3program include specified professions recognized, endorsed,
4or licensed in this state, provided that the professional
5otherwise meets all of the conditions to qualify as a mental
6health professional.
7(11) For payment for medically necessary home health agency
8services under the medical assistance program, that payment
9shall be approved for medically necessary home health agency
10services prescribed by a physician in a plan of home health
11care provided by a Medicare-certified home health agency.
12(12) For authorization for medically necessary home health
13agency services under the medical assistance program, that
14services shall be authorized by a physician, evidenced by the
15physician’s signature and date on a plan of treatment.
16(13) For treatment plans of home health agencies under the
17medical assistance program, that a member’s medical condition
18shall be reflected by the date last seen by a physician, if
19available.
20(14) For items included in treatment plans of home health
21agencies under the medical assistance program, that a plan of
22care shall include a physician’s signature and date and that
23the plan of care must be signed and dated by the physician
24before the claim for service is submitted for reimbursement.
25(15) For skilled nursing services provided by a home health
26agency under the medical assistance program, that medical
27documentation shall be submitted justifying the need for
28continued visits, including the physician’s estimate of the
29length of time that additional visits will be necessary, and
30that daily skilled nursing visits or multiple daily visits for
31wound care or insulin injections shall be covered when ordered
32by a physician and included in the plan of care.
33(16) For physical therapy services provided by a home health
34agency under the medical assistance program, that payment shall
35be made for physical therapy services when the services follow
-191-1a treatment plan established by the physician after any needed
2consultation with the qualified physical therapist.
3(17) For occupational therapy services provided by a
4home health agency under the medical assistance program,
5that payment shall be made for occupational therapy services
6when the services follow a treatment plan established by the
7physician.
8(18) For speech therapy services provided by a home health
9agency under the medical assistance program, that payment shall
10be made for speech therapy services when the services follow a
11treatment plan established by the physician.
12(19) For home health aide services provided by a home health
13agency under the medical assistance program, that the service
14as well as the frequency and duration are stated in a written
15plan of treatment established by a physician.
16(20) For home health aide services provided by a home health
17agency under the medical assistance program, that services
18provided for specified durations when ordered by a physician
19and included in a plan of care shall be allowed as intermittent
20services.
21(21) For home health aide services provided by a home health
22agency under the medical assistance program, that personal
23care services include helping the member take medications
24specifically ordered by a physician.
25(22) For private duty nursing or personal care services for
26persons aged twenty and under, under the medical assistance
27program, that private duty nursing services are those services
28which are provided by a registered nurse or a licensed
29practical nurse under the direction of the member’s physician
30to a member in the member’s place of residence or outside the
31member’s residence, when normal life activities take the member
32outside the place of residence.
33(23) For private duty nursing or personal care services for
34persons aged twenty and under, under the medical assistance
35program, that services shall be provided according to a written
-192-1plan of care authorized by a licensed physician.
2(24) For private duty nursing or personal care services for
3persons aged twenty and under, under the medical assistance
4program, that personal care services are those services
5provided by a home health aide or certified nurse’s aide and
6which are delegated and supervised by a registered nurse under
7the direction of the member’s physician to a member in the
8member’s place of residence or outside the member’s residence,
9when normal life activities take the member outside the place
10of residence, and that these services shall be in accordance
11with the member’s plan of care and authorized by a physician.
12(25) For requirements for private duty nursing or personal
13care services for persons aged twenty and under, under the
14medical assistance program, that private duty nursing or
15personal care services shall be ordered in writing by a
16physician as evidenced by the physician’s signature on the plan
17of care.
18(26) For obtaining prescription medications for children in
19juvenile detention and shelter care homes, that prescription
20medication provided to residents shall be dispensed only from a
21licensed pharmacy in this state in accordance with state law,
22from a licensed pharmacy in another state according to the laws
23of that state, or by a licensed physician.
24(27) For health and dental programs provided by agencies
25providing foster care services, that a child’s physical
26examination shall be performed by a licensed physician or
27licensed nurse practitioner.
28(28) For health and dental programs provided by agencies
29providing foster care services, that if documentation of prior
30immunization is unavailable, immunizations required by the
31department of public health shall begin within thirty days of
32placement, unless contraindicated and unless a statement from
33a physician to that effect is included in the child’s medical
34record, and that a statement from a physician, referring
35agency, parent, or guardian indicating immunizations are
-193-1current is sufficient documentation of immunizations.
2(29) For the dispensing, storage, authorization, and
3recording of medications in child care centers, that all
4medications shall be stored in their original containers, with
5accompanying physician or pharmacist’s directions and label
6intact and stored so they are inaccessible to children and the
7public.
8(30) For an infants’ area in a child care center, that
9upon the recommendation of a child’s physician or the area
10education agency serving the child, a child who is two years
11of age or older with a disability that results in significant
12developmental delays in physical and cognitive functioning who
13does not pose a threat to the safety of the infants may, if
14appropriate and for a limited time approved by the department,
15remain in the infant area.
16(31) For facility requirements for a child development
17home, that the telephone number for each child’s physician
18shall be written on paper and readily accessible by the
19telephone.
20(32) For medications and hazardous materials in a child
21development home, that medications shall be given only with
22the parent’s or doctor’s written authorization, and that each
23prescribed medication shall be accompanied by a physician’s or
24pharmacist’s direction.
25(33) For medical reports regarding the health of a family
26in a family life home, that a medical report shall provide
27significant findings of a physician, such as the presence or
28absence of any communicable disease.
29(34) For medical reexaminations of a family in a family
30life home, that medical reexaminations may be required at the
31discretion of a physician.
32(35) For medical examinations of a client in a family life
33home, that a physician shall certify that the client is free
34from any communicable disease and does not require a higher
35level of care than that provided by a family life home.
-194- 1(36) For the records of a client in a family life home,
2that the family shall have available at all times, the name,
3address, and telephone number of the client’s physician.
4(37) For the facility requirements for a child care home,
5that the telephone number for each child’s physician shall be
6written on paper and readily accessible by the telephone.
7(38) For the administration of medications at a child care
8home, that medications shall be given only with the parent’s or
9doctor’s written authorization and each prescribed medication
10shall be accompanied by a physician’s or pharmacist’s
11direction.
12(39) For payments for foster care, that an intellectual
13disabilities professional includes specified professions,
14provided that the professional otherwise meets all of
15the conditions to qualify as an intellectual disabilities
16professional.
17(40) For payments for foster care, that a mental health
18professional includes specified professions, provided that the
19professional otherwise meets all of the conditions to qualify
20as a mental health professional.
21(41) For the subsidized adoption program, that a qualified
22intellectual disability professional includes specified
23professions, provided that the professional otherwise meets
24all of the conditions to qualify as a qualified intellectual
25disability professional.
26(42) For the subsidized adoption program, that a qualified
27mental health professional includes specified professions,
28provided that the professional otherwise meets all of
29the conditions to qualify as a qualified mental health
30professional.
31(43) For the information provided to a foster care provider
32by a department worker at the time of placement, that the
33information shall include the names, addresses, and telephone
34numbers of the child’s physician and dentist.
35(44) A written order from a physician for an older
-195-1individual requesting a therapeutic diet, and the
2interpretation of such orders.
3(45) That “impaired glucose tolerance”, for purposes of
4outpatient diabetes education programs, means a condition in
5which blood glucose levels are higher than normal, diagnosed by
6a physician, and treated with a food plan, exercise, or weight
7control.
8(46) For instructors for programs not recognized by the
9American diabetes association or accredited by the American
10association of diabetes educators, that the primary instructors
11shall be one or more of specified health care professionals who
12are knowledgeable about the disease process of diabetes and the
13treatment of diabetes.
14(47) For the written form for participation in the
15prescription drug donation repository program, that the form
16shall include the name and telephone number of the responsible
17pharmacist, physician, or nurse practitioner who is employed
18by or under contract with the pharmacy or medical facility,
19and shall also include a statement, signed and dated by the
20responsible pharmacist, physician, or nurse practitioner,
21indicating that the pharmacy or medical facility meets the
22eligibility requirements and shall comply with the requirements
23established by rule.
24(48) For the dispensing of donated prescription drugs and
25supplies, that donated drugs and supplies may be dispensed
26only if the drugs or supplies are prescribed by a health
27care practitioner for use by an eligible individual and
28are dispensed by a licensed pharmacist, physician, or nurse
29practitioner.
30g. f. The department of inspections and appeals, with
31respect to rules relating to the following:
32(1) For the qualifications of an attending physician at a
33hospice, that the person shall have an active Iowa license to
34practice medicine.
35(2) For residential care facilities for persons with
-196-1intellectual disabilities, that a qualified intellectual
2disability professional includes specified professions,
3provided that the professional otherwise meets all of the
4conditions to qualify as a qualified intellectual disability
5professional.
6(3) For nursing facilities, that a qualified intellectual
7disabilities professional includes specified professions,
8provided that the professional otherwise meets all of the
9conditions to qualify as a qualified intellectual disabilities
10professional.
11(4) For intermediate care facilities for persons with
12mental illness, that a qualified mental health professional
13includes specified professions, provided that the professional
14otherwise meets all of the conditions to qualify as a qualified
15mental health professional.
16(5) For notifications submitted to the department from
17a subacute mental health care facility in the event of an
18accident causing a major injury, including as a major injury an
19injury which requires consultation with the attending physician
20or designee of the physician or advanced registered nurse
21practitioner who determines that an injury is a major injury.
22h. g. The racing and gaming commission, with respect to
23rules relating to the following:
24(1) For the grounds for denial, suspension, or revocation
25of an occupational or vendor license, that a license shall be
26denied if the applicant has a history of mental illness without
27demonstrating successful treatment by a licensed medical
28physician.
29(2) For the qualifications for jockeys, that a jockey shall
30pass a physical examination by a licensed physician affirming
31fitness to participate as a jockey.
32(3) For the regulation of licensees in restricted areas of
33a racing facility, that licensees whose duties require them to
34be in a restricted area of a racing facility shall not have
35present within their systems any controlled substance as listed
-197-1in schedules I to V of U.S.C. Tit.21 (Food and Drug Section
2812), chapter 124, or any prescription drug unless it was
3obtained directly or pursuant to valid prescription or order
4from a duly licensed physician who is acting in the course of
5professional practice.
6i. h. The Iowa law enforcement academy, with respect to
7rules relating to the following:
8(1) For the minimum standards for law enforcement officers,
9that an officer is examined by a licensed physician or surgeon.
10(2) For hiring standards must be reverified if an individual
11is not hired by an Iowa law enforcement agency during a
12specified period of time following completion of the course
13of study, that the individual must be examined by a licensed
14physician or surgeon.
15(3) For the selection or appointment of reserve peace
16officers, that the person shall be examined by a licensed
17physician or surgeon.
18j. i. The natural resource commission, with respect to
19rules relating to the following:
20(1) That the grounds for revoking or suspending an
21instructor license include participation in a course while
22ingesting prescription medication in a manner contrary to the
23dosing directions given by the prescribing physician.
24(2) For applications for use of a crossbow for deer and
25turkey hunting by handicapped individuals, that an application
26must include a statement signed by the applicant’s physician
27declaring that the individual is not physically capable of
28shooting a bow and arrow.
29(3) For authorization for the use of a crossbow for deer
30and turkey hunting by handicapped individuals, that if a
31conservation officer has probable cause to believe the person’s
32handicapped status has improved, making it possible for the
33person to shoot a bow and arrow, the department of natural
34resources may, upon the officer’s request, require the person
35to obtain in writing a current physician’s statement.
-198- 1(4) For licenses for nonresidents to participate in a
2special deer hunting season for severely disabled persons,
3that a nonresident applying for the license must have on file
4with the department of natural resources either a copy of a
5disabilities parking permit issued by a state department of
6transportation or an Iowa department of natural resources form
7signed by a physician that verifies their disability.
8k. The Iowa department of public health, with respect to
9rules relating to the following:
10(1) That “impaired glucose tolerance”, for purposes of
11outpatient diabetes education programs, means a condition in
12which blood glucose levels are higher than normal, diagnosed by
13a physician, and treated with a food plan, exercise, or weight
14control.
15(2) For instructors for programs not recognized by the
16American diabetes association or accredited by the American
17association of diabetes educators, that the primary instructors
18shall be one or more of specified health care professionals who
19are knowledgeable about the disease process of diabetes and the
20treatment of diabetes.
21(3) For the written form for participation in the
22prescription drug donation repository program, that the form
23shall include the name and telephone number of the responsible
24pharmacist, physician, or nurse practitioner who is employed
25by or under contract with the pharmacy or medical facility,
26and shall also include a statement, signed and dated by the
27responsible pharmacist, physician, or nurse practitioner,
28indicating that the pharmacy or medical facility meets the
29eligibility requirements and shall comply with the requirements
30established by rule.
31(4) For the dispensing of donated prescription drugs and
32supplies, that donated drugs and supplies may be dispensed
33only if the drugs or supplies are prescribed by a health
34care practitioner for use by an eligible individual and
35are dispensed by a licensed pharmacist, physician, or nurse
-199-1practitioner.
2l. j. The department of public safety, with respect to
3rules relating to permits to carry weapons, that a person who
4is an unlawful user of or addicted to any controlled substance
5includes any person who is a current user of a controlled
6substance in a manner other than as prescribed by a licensed
7physician.
8m. k. The department of transportation, with respect
9to rules relating to exemptions from motor vehicle window
10transparency requirements, that a motor vehicle fitted with
11a front windshield, a front side window, or a front sidewing
12with less than seventy percent but not less than thirty-five
13percent light transmittance before July 4, 2012, may continue
14to be maintained and operated with a front windshield, a front
15side window, or a front sidewing with less than seventy percent
16but not less than thirty-five percent light transmittance on or
17after July 4, 2012, so long as the vehicle continues to be used
18for the transport of a passenger or operator who documented in
19the manner specified by the department a medical need for such
20reduced transparency, which document was signed by the person’s
21physician before July 4, 2012.
22n. l. The Iowa department of veterans affairs, with respect
23to rules relating to expenses relating to the purchase of
24durable equipment or services, that individuals requesting
25reimbursement who need durable equipment as a medical necessity
26should provide information from a physician.
27o. m. The department of workforce development, with respect
28to rules relating to the following:
29(1) That a voluntary quit shall be presumed to be without
30good cause attributable to the employer for purposes of
31unemployment compensation if a claimant left employment because
32of illness or injury which was not caused or aggravated by the
33employment or pregnancy and failed to obtain the advice of a
34licensed and practicing physician, obtain certification of
35release for work from a licensed and practicing physician, or
-200-1return to the employer and offer services upon recovery and
2certification for work by a licensed and practicing physician.
3(2) That for purposes of unemployment compensation, it is
4a reason for a claimant leaving employment with good cause
5attributable to the employer if the claimant left employment
6because of illness, injury, or pregnancy upon the advice of
7a licensed and practicing physician, and upon recovery, when
8recovery was certified by a licensed and practicing physician,
9the claimant returned and offered to perform services to the
10employer, but no suitable, comparable work was available.
11(3) That for purposes of unemployment compensation it is
12a reason for a claimant leaving employment with good cause
13attributable to the employer if the claimant left employment
14upon the advice of a licensed and practicing physician for the
15sole purpose of taking a family member to a place having a
16different climate and subsequently returned to the claimant’s
17regular employer and offered to perform services, but the
18claimant’s regular or comparable work was not available.
19p. n. The labor services division of the department of
20workforce development, with respect to rules relating to the
21following:
22(1) For the disclosure of a trade secret relating to a
23hazardous chemical during a medical emergency, that where a
24treating physician or nurse determines that a medical emergency
25exists and the specific chemical identity of a hazardous
26chemical is necessary for emergency or first-aid treatment, the
27chemical manufacturer, importer, or employer shall immediately
28disclose the specific chemical identity of a trade secret
29chemical to that treating physician or nurse, regardless of the
30existence of a written statement of need or a confidentiality
31agreement.
32(2) For the disclosure of a trade secret relating to
33a hazardous chemical in a nonemergency situation, that in
34nonemergency situations, a chemical manufacturer, importer,
35or employer shall, upon request, disclose a specific chemical
-201-1identity, otherwise permitted to be withheld by rule, to a
2specified health professional providing medical or other
3occupational health services to exposed employees or designated
4representatives in specified circumstances.
5(3) For applications for a license to practice asbestos
6removal, that except as noted in rule, only worker and
7contractor/supervisor license applicants must submit the
8respiratory protection and physician’s certification forms.
9(4) For documentation held by persons licensed for asbestos
10abatement in an area that is subject to a disaster emergency
11proclamation, that the labor commissioner deems an individual
12contractor, supervisor, or worker to be licensed and authorized
13for asbestos abatement if the individual, in addition to other
14specified conditions, makes immediately available on the
15work site a copy of a physician’s statement indicating that,
16consistent with federal law, a licensed physician has examined
17the individual within the past twelve months and approved the
18individual to work while wearing a respirator.
19(5) That the contents of an application for an event
20license for a covered athletic event other than a professional
21wrestling event shall contain, along with other requirements,
22a copy of the medical license of the ringside physician and
23the date, time, and location of the ringside physician’s
24examination of the contestants.
25(6) For the responsibilities of the promoter of an athletic
26event, that the promoter submit test results to the ringside
27physician no later than at the time of the physical showing
28that each contestant scheduled for the event tested negative
29for the human immunodeficiency, hepatitis B, and hepatitis C
30viruses within the one-year period prior to the event, and that
31the contestant shall not participate and the physician shall
32notify the promoter that the contestant is prohibited from
33participating for medical reasons if specified circumstances
34occur.
35(7) For injuries during a professional boxing match, that if
-202-1a contestant claims to be injured during the bout, the referee
2shall stop the bout and request the attending physician to make
3an examination. If the physician decides that the contestant
4has been injured as the result of a foul, the physician shall
5advise the referee of the injury. If the physician is of the
6opinion that the injured contestant may be able to continue,
7the physician shall order an intermission, after which the
8physician shall make another examination and again advise
9the referee of the injured contestant’s condition. It shall
10be the duty of the promoter to have an approved physician in
11attendance during the entire duration of all bouts.
12(8) For persons allowed in a ring during a professional
13boxing match, that no person other than the contestants and the
14referee shall enter the ring during the bout, excepting the
15seconds between the rounds or the attending physician if asked
16by the referee to examine an injury to a contestant.
17(9) For the weighing of contestants in a professional boxing
18match, that contestants shall be weighed and examined on the
19day of the scheduled match by the attending ring physician at a
20time and place to be determined by the commissioner.
21(10) For attending ring physicians during a professional
22boxing match, that when a boxer has been injured seriously,
23knocked out, or technically knocked out, the referee shall
24immediately summon the attending ring physician to aid the
25stricken boxer, and that managers, handlers, and seconds shall
26not attend to the stricken boxer, except at the request of the
27physician.
28(11) For the keeping of time during a professional boxing
29match, that the timekeeper shall keep an exact record of time
30taken out at the request of a referee for an examination of a
31contestant by the physician.
32(12) For the suspension of contestants during a
33professional boxing match that is an elimination tournament,
34that a contestant who for specified reasons is not permitted
35to box in the state for a period of time shall be examined by a
-203-1physician approved by the commissioner before being permitted
2to fight again.
3(13) For the designation of officials for professional
4kickboxing, that the designation of physicians is subject to
5the approval of the commissioner or designee.
6(14) For officials for a mixed martial arts event, that
7officials shall include a physician.
8(15) For the keeping of time for a mixed martial arts
9event, that the timekeeper shall keep an exact record of time
10taken out at the request of a referee for an examination of a
11contestant by the physician.
12(16) For persons allowed in the cage during a mixed martial
13arts event, that a physician may enter the cage to examine a
14contestant upon the request of the referee.
15(17) For the decorum of persons involved in a mixed martial
16arts event, that a contestant is exempt from prohibitions on
17specified conduct while interacting with the contestant’s
18opponent during a round, but if the round is stopped by the
19physician or referee for a time out, the prohibitions shall
20apply to the contestant.
21(18) For the examination of contestants in a mixed martial
22arts event, that on the day of the event, at a time and place
23to be approved by the commissioner, the ringside physician
24shall conduct a rigorous physical examination to determine the
25contestant’s fitness to participate in a mixed martial arts
26match, and that a contestant deemed not fit by the physician
27shall not participate in the event.
28(19) For injuries during a mixed martial arts event, that if
29a contestant claims to be injured or when a contestant has been
30injured seriously or knocked out, the referee shall immediately
31stop the fight and summon the attending ring physician to make
32an examination of the stricken fighter. If the physician
33decides that the contestant has been injured, the physician
34shall advise the referee of the severity of the injury. If
35the physician is of the opinion the injured contestant may be
-204-1able to continue, the physician shall order an intermission,
2after which the physician shall make another examination and
3again advise the referee of the injured contestant’s condition.
4Managers, handlers, and seconds shall not attend to the
5stricken fighter, except at the request of the physician.
62. This section shall not be construed to expand, diminish,
7or otherwise modify the scope of practice of any profession
8licensed under this subtitle.
93. The rulemaking requirements provided in this section
10shall not be construed to prohibit the agencies listed in
11subsection 1 from engaging in further rulemaking not in
12conflict with this section or state or federal law relating to
13the subject matter of this section or to otherwise diminish the
14authority to engage in rulemaking provided to those agencies by
15any other statute.
16 Sec. 264. Section 147A.1, subsections 1 and 2, Code 2023,
17are amended to read as follows:
181. “Department” means the Iowa department of public health
19and human services.
202. “Director” means the director of the Iowa department of
21public health and human services.
22 Sec. 265. Section 147A.21, subsections 2 and 3, Code 2023,
23are amended to read as follows:
242. “Department” means the Iowa department of public health
25and human services.
263. “Director” means the director of public health and human
27services.
28 Sec. 266. Section 147A.24, subsection 1, paragraph d, Code
292023, is amended to read as follows:
30d. Department of public health and human services.
31 Sec. 267. Section 147C.1, subsection 2, paragraph c, Code
322023, is amended to read as follows:
33c. “Alternative program” means a nondisciplinary monitoring
34or practice remediation process approved by a physical therapy
35licensing board. This includes but is not limited to substance
-205-1abuse use disorder issues.
2 Sec. 268. Section 147D.1, subsection 2, paragraph c, Code
32023, is amended to read as follows:
4c. “Alternative program” means a voluntary, nondisciplinary
5substance abuse use disorder recovery program approved by a
6state emergency medical services authority.
7 Sec. 269. Section 147E.1, subsection 2, paragraph k, Code
82023, is amended to read as follows:
9k. “Impaired practitioner” means individuals whose
10professional practice is adversely affected by substance abuse
11 use disorder, addiction, or other health-related conditions.
12 Sec. 270. Section 147F.1, subsection 2, paragraph n, Code
132023, is amended to read as follows:
14n. “Impaired practitioner” means an individual whose
15professional practice is adversely affected by substance abuse
16 use disorder, addiction, or other health-related conditions.
17 Sec. 271. Section 152.5A, Code 2023, is amended to read as
18follows:
19152.5A Student record checks.
201. For the purposes of this section:
21a. “Comprehensive preliminary background check” means the
22same as defined in section 135C.1.
23b. “Nursing program” means a nursing program that is
24approved by the board pursuant to section 152.5.
25c. “Record check evaluation system” means the same as
26defined in section 135C.1.
27c. d. “Student” means a person applying for, enrolled in,
28or returning to the clinical education component of a nursing
29program.
302. Prior to a student beginning or returning to a nursing
31program, the nursing program shall do one of the following in
32substantial conformance with the provisions of section 135C.33:
33a. Request that the department of public safety perform a
34criminal history check and the record check evaluation system
35of the department of health and human services perform child
-206-1and dependent adult abuse record checks of the student in this
2state.
3b. Access the single contact repository to perform the
4required record checks.
53. a. If a program accesses the single contact repository
6to perform the required record checks pursuant to subsection
72, the program may utilize a third-party vendor to perform
8a comprehensive preliminary background check to allow a
9student to provisionally participate in the clinical education
10component of the nursing program pending completion of the
11required record checks through the single contact repository
12and the evaluation by the department of human services record
13check evaluation system, as applicable, subject to all of the
14following:
15(1) If the comprehensive preliminary background check
16determines that the student being considered for provisional
17participation has been convicted of a crime, but the crime does
18not constitute a felony as defined in section 701.7 and is not
19a crime specified pursuant to chapter 708, 708A, 709, 709A,
20710, 710A, 711, or 712, or pursuant to section 726.3, 726.27,
21or 726.28.
22(2) If the comprehensive preliminary background check
23determines the student being considered for provisional
24participation does not have a record of founded child abuse or
25dependent adult abuse, or if an exception pursuant to section
26135C.33, subsection 4, is applicable to the student.
27(3) If the program has requested an evaluation in accordance
28with section 135C.33, subsection 2, paragraph “a”, to determine
29whether the crime warrants prohibition of the student’s
30provisional participation.
31b. The provisional participation under this subsection
323 may continue until such time as the required record checks
33through the single contact repository and the evaluation by the
34department of human services record check evaluation system,
35as applicable, are completed.
-207- 14. If a student has a criminal record or a record of
2founded child or dependent adult abuse, upon request of the
3nursing program, the department of human services record check
4evaluation system shall perform an evaluation to determine
5whether the record warrants prohibition of the student’s
6involvement in a clinical education component of a nursing
7program involving children or dependent adults. The department
8of human services record check evaluation system shall utilize
9the criteria provided in section 135C.33 in performing the
10evaluation and shall report the results of the evaluation to
11the nursing program. The department of human services record
12check evaluation system has final authority in determining
13whether prohibition of the student’s involvement in a clinical
14education component is warranted.
15 Sec. 272. Section 154D.4, subsection 2, paragraph c, Code
162023, is amended to read as follows:
17c. The provision of children, family, or mental health
18services through the department of health and human services
19or juvenile court, or agencies contracting with the department
20of health and human services or juvenile court, by persons who
21do not represent themselves to be either a marital and family
22therapist or a mental health counselor.
23 Sec. 273. Section 155A.46, subsection 1, paragraph a,
24unnumbered paragraph 1, Code 2023, is amended to read as
25follows:
26A pharmacist may, pursuant to statewide protocols developed
27by the board in consultation with the department of public
28 health and human services and consistent with subsection 2,
29order and administer the following to patients ages eighteen
30years and older:
31 Sec. 274. Section 155A.46, subsection 1, paragraph b,
32unnumbered paragraph 1, Code 2023, is amended to read as
33follows:
34A pharmacist may, pursuant to statewide protocols developed
35by the board in consultation with the department of public
-208-1 health and human services and consistent with subsection 2,
2order and administer the following to patients ages six months
3and older:
4 Sec. 275. Section 155A.46, subsection 1, paragraph c, Code
52023, is amended to read as follows:
6c. A pharmacist may, pursuant to statewide protocols
7developed by the board in consultation with the department of
8public health and human services and consistent with subsection
92, order and administer the final two doses in a course of
10vaccinations for HPV to patients ages eleven years and older.
11 Sec. 276. Section 155A.46, subsection 1, paragraph e,
12unnumbered paragraph 1, Code 2023, is amended to read as
13follows:
14A pharmacist may, pursuant to statewide protocols developed
15by the board in consultation with the department of public
16 health and human services and consistent with subsection 2,
17order and administer the following to patients ages six years
18and older:
19 Sec. 277. Section 158.2, subsection 8, Code 2023, is amended
20to read as follows:
218. Persons committed pursuant to chapter 229A to the custody
22of the director of the department of health and human services
23in the unit for sexually violent predators who cut the hair or
24trim or shave the beard of any other person within the unit,
25without receiving direct compensation from the person receiving
26the service.
27 Sec. 278. Section 158.3, subsection 1, paragraph d, Code
282023, is amended to read as follows:
29d. Presents a certificate, or satisfactory evidence, to the
30department that the applicant has successfully completed tenth
31grade, or the equivalent. The provisions of this subsection
32shall not apply to students enrolled in a barber school
33maintained at an institution under the control of a director of
34a division of the department of health and human services.
35 Sec. 279. Section 163.3A, subsection 2, Code 2023, is
-209-1amended to read as follows:
22. The services shall be performed under the direction of
3the department and may be part of measures authorized by the
4governor under a declaration or proclamation issued pursuant
5to chapter 29C. In such case, the department shall cooperate
6with the Iowa department of public health and human services
7 under chapter 135, and the department of homeland security and
8emergency management, and local emergency management agencies
9as provided in chapter 29C.
10 Sec. 280. Section 190B.102, subsection 3, Code 2023, is
11amended to read as follows:
123. The department of agriculture and land stewardship, the
13department of public health, the department of health and human
14services, and the department of inspections and appeals shall
15cooperate with the department of revenue to administer this
16subchapter.
17 Sec. 281. Section 204.7, subsection 8, paragraph a,
18subparagraph (3), Code 2023, is amended to read as follows:
19(3) The consumable hemp product complies with packaging
20and labeling requirements, which shall be established by the
21department of inspections health and appeals human services by
22rule.
23 Sec. 282. Section 204.7, subsection 8, paragraphs b and c,
24Code 2023, are amended to read as follows:
25b. A person manufacturing a consumable hemp product in
26this state shall register with the department of inspections
27 health and appeals human services on a form prescribed by
28the department of inspections health and appeals human
29services by rule. The department of inspections health and
30appeals human services may impose a fee, established by the
31department of inspections health and appeals human services
32 by rule, on a registrant not to exceed the cost of processing
33the registration. The department of inspections health and
34appeals human services shall adopt rules for the revocation
35of a registration issued to a manufacturer who manufactures a
-210-1consumable hemp product not in compliance with this chapter.
2c. A person selling a consumable hemp product in this state
3shall register with the department of inspections health and
4appeals human services on a form prescribed by the department
5of inspections health and appeals human services by rule and
6shall keep on the premises of the person’s business a copy
7of the certificate of analysis issued pursuant to section
8204.8 for the hemp contained in the consumable hemp products
9sold by the person. The department of inspections health and
10appeals human services may impose a fee, established by the
11department of inspections health and appeals human services
12 by rule, on a registrant not to exceed the cost of processing
13the registration. The department of inspections health and
14appeals human services shall adopt rules for the revocation of
15a registration issued to a person who sells a consumable hemp
16product not in compliance with this section.
17 Sec. 283. Section 206.2, subsection 17, paragraph c, Code
182023, is amended to read as follows:
19c. To which reference is made on the label or in
20literature accompanying the pesticide or device, except when
21accurate, nonmisleading reference is made to current official
22publications of the United States department of agriculture or
23interior, the United States public health service, the state
24agricultural experiment stations, the Iowa state university,
25the Iowa department of public health and human services, the
26department of natural resources, or other similar federal
27institutions or official agencies of this state or other
28states authorized by law to conduct research in the field of
29pesticides.
30 Sec. 284. Section 216.6, subsection 1, paragraph d, Code
312023, is amended to read as follows:
32d. Person to solicit or require as a condition of employment
33of any employee or prospective employee a test for the presence
34of the antibody to the human immunodeficiency virus or to
35affect the terms, conditions, or privileges of employment or
-211-1terminate the employment of any employee solely as a result
2of the employee obtaining a test for the presence of the
3antibody to the human immunodeficiency virus. An agreement
4between an employer, employment agency, labor organization,
5or their employees, agents, or members and an employee or
6prospective employee concerning employment, pay, or benefits to
7an employee or prospective employee in return for taking a test
8for the presence of the antibody to the human immunodeficiency
9virus, is prohibited. The prohibitions of this paragraph
10do not apply if the state epidemiologist determines and the
11director of public health and human services declares through
12the utilization of guidelines established by the center for
13disease control of the United States department of health and
14human services, that a person with a condition related to
15acquired immune deficiency syndrome poses a significant risk
16of transmission of the human immunodeficiency virus to other
17persons in a specific occupation.
18 Sec. 285. Section 216A.1, Code 2023, is amended to read as
19follows:
20216A.1 Department of health and human services — human
21rights — purpose.
221. A The department of health and human rights is created,
23with the following divisions and offices services shall be
24responsible for all of the following:
25a. Division of community Community advocacy and services,
26with the following offices:
27(1) Office of Latino affairs.
28(2) Office on the status of women.
29(3) Office of persons with disabilities.
30(4) Office of deaf services.
31(5) Office on the status of African Americans.
32(6) Office of Asian and Pacific Islander affairs.
33(7) Office of Native American affairs.
34b. Division of community Community action agencies.
35c. Division of criminal Criminal and juvenile justice
-212-1planning.
22. The purpose of the department under this chapter and as
3otherwise provided by law is to ensure basic rights, freedoms,
4and opportunities for all by empowering underrepresented Iowans
5and eliminating economic, social, and cultural barriers.
63. The department shall implement the comprehensive
7strategic plan approved by the board under section 216A.3 and
8shall issue an annual report to the governor and the general
9assembly no later than November 1 of each year concerning the
10operations of the department relating to responsibilities for
11human rights.
12 Sec. 286. Section 216A.3, Code 2023, is amended to read as
13follows:
14216A.3 Human rights board.
151. A human rights board is created within the department of
16human rights.
172. The board shall consist of sixteen members, including
18eleven voting members and five nonvoting members and determined
19as follows:
20a. The voting members shall consist of nine voting members
21selected by each of the permanent commissions within the
22department, and two voting members, appointed by the governor.
23For purposes of this paragraph “a”, “permanent commissions”
24means the commission of Latino affairs, commission on the
25status of women, commission of persons with disabilities,
26commission on community action agencies, commission of deaf
27services, justice advisory board, commission on the status of
28African Americans, commission of Asian and Pacific Islander
29affairs, and commission of Native American affairs. The term
30of office for voting members is four years.
31b. The nonvoting members shall consist of the department
32director, two state representatives, one appointed by the
33speaker of the house of representatives and one by the minority
34leader of the house of representatives, and two state senators,
35one appointed by the majority leader of the senate and one by
-213-1the minority leader of the senate.
23. A majority of the voting members of the board shall
3constitute a quorum, and the affirmative vote of two-thirds of
4the voting members present is necessary for any substantive
5action taken by the board. The board shall select a
6chairperson from the voting members of the board. The board
7shall meet not less than four times a year.
84. The board shall have the following duties:
9a. Develop develop and monitor implementation of
10a comprehensive strategic plan to remove barriers for
11underrepresented populations and, in doing so, to increase
12Iowa’s productivity and inclusivity, including performance
13measures and benchmarks.
14b. Approve, disapprove, amend, or modify the budget
15recommended by the department director for the operation of
16the department, subject to the budget requirements pursuant to
17chapter 8.
18c. Adopt administrative rules pursuant to chapter 17A,
19upon the recommendation of the department director, for the
20operation of the department.
21d. By November 1 of each year, approve the department report
22to the general assembly and the governor that covers activities
23during the preceding fiscal year.
24 Sec. 287. Section 216A.4, subsections 2 and 3, Code 2023,
25are amended to read as follows:
262. “Department” means the department of health and human
27rights services.
283. “Department director” “Director” means the director of
29the department of health and human rights services.
30 Sec. 288. Section 216A.6, subsection 2, paragraph d, Code
312023, is amended to read as follows:
32d. Department, or division, or office evaluations of
33information about a person seeking or receiving advocacy
34services.
35 Sec. 289. Section 216A.7, Code 2023, is amended to read as
-214-1follows:
2216A.7 Access to information.
3Upon request of the director, or an office, a commission,
4or a council, or administrator of a division of the department
5 created under this chapter, all boards, agencies, departments,
6and offices of the state shall make available nonconfidential
7information, records, data, and statistics which are relevant
8to the populations or groups served by the offices, councils,
9and commissions of the department.
10 Sec. 290. Section 216A.11, subsection 2, Code 2023, is
11amended to read as follows:
122. “Office” means the office of Latino affairs of the
13department of human rights.
14 Sec. 291. Section 216A.13, subsection 2, Code 2023, is
15amended to read as follows:
162. Serve as liaison between the department of human rights
17 and the public, sharing information and gathering constituency
18input.
19 Sec. 292. Section 216A.15, subsection 4, Code 2023, is
20amended to read as follows:
214. Recommend to the department director policies and
22programs for the office.
23 Sec. 293. Section 216A.51, subsection 2, Code 2023, is
24amended to read as follows:
252. “Office” means the office on the status of women of the
26department of human rights.
27 Sec. 294. Section 216A.71, subsection 2, Code 2023, is
28amended to read as follows:
292. “Office” means the office of persons with disabilities of
30the department of human rights.
31 Sec. 295. Section 216A.91, Code 2023, is amended to read as
32follows:
33216A.91 Definitions.
34For purposes of this subchapter, unless the context
35otherwise requires:
-215- 11. “Administrator” means the administrator of the division
2of community action agencies of the department of human rights.
32. 1. “Commission” means the commission on community action
4agencies.
53. 2. “Community action agency” means a public agency
6or a private nonprofit agency which is authorized under its
7charter or bylaws to receive funds to administer community
8action programs and is designated by the governor to receive
9and administer the funds.
104. 3. “Community action program” means a program conducted
11by a community action agency which includes projects to provide
12a range of services to improve the conditions of poverty in the
13area served by the community action agency.
145. “Delegate agency” means a subgrantee or contractor
15selected by the community action agency.
166. “Division” means the division of community action
17agencies of the department of human rights.
18 Sec. 296. Section 216A.92, Code 2023, is amended to read as
19follows:
20216A.92 Division of community Community action agencies.
211. The division of community action agencies is
22established. The purpose of the division of community action
23agencies is to The department shall strengthen, supplement,
24and coordinate efforts to develop the full potential of each
25citizen by recognizing certain community action agencies and
26supporting certain community-based programs delivered by
27community action agencies.
282. The division department shall do all of the following:
29a. Provide financial assistance for community action
30agencies to implement community action programs, as permitted
31by the community service block grant and subject to the funding
32made available for the program.
33b. Administer the community services block grant, the
34low-income energy assistance block grants, department of energy
35funds for weatherization, and other possible funding sources.
-216-1If a political subdivision is the community action agency,
2the financial assistance shall be allocated to the political
3subdivision.
4c. Implement accountability measures for its programs and
5require regular reporting on the measures by the community
6action agencies.
7d. Issue an annual report to the governor and general
8assembly by July 1 of each year.
9 Sec. 297. Section 216A.92B, subsections 1 and 3, Code 2023,
10are amended to read as follows:
111. Recommend to the board the adoption of rules pursuant
12to chapter 17A as it deems necessary for the commission and
13division department.
143. Serve as liaisons between the division department and the
15public, sharing information and gathering constituency input.
16 Sec. 298. Section 216A.93, Code 2023, is amended to read as
17follows:
18216A.93 Establishment of community action agencies.
19The division department shall recognize and assist in the
20designation of certain community action agencies to assist in
21the delivery of community action programs. These programs
22shall include but not be limited to outreach, community
23services block grant, low-income energy assistance, and
24weatherization programs. If a community action agency is in
25effect and currently serving an area, that community action
26agency shall become the designated community action agency
27for that area. If any geographic area of the state ceases
28to be served by a designated community action agency, the
29division department may solicit applications and assist the
30governor in designating a community action agency for that
31area in accordance with current community services block grant
32requirements.
33 Sec. 299. Section 216A.98, Code 2023, is amended to read as
34follows:
35216A.98 Audit.
-217- 1Each community action agency shall be audited annually but
2shall not be required to obtain a duplicate audit to meet the
3requirements of this section. In lieu of an audit by the
4auditor of state, the community action agency may contract with
5or employ a certified public accountant to conduct the audit,
6pursuant to the applicable terms and conditions prescribed by
7sections 11.6, 11.14, and 11.19 and an audit format prescribed
8by the auditor of state. Copies of each audit shall be
9furnished to the division department in a manner prescribed by
10the division department.
11 Sec. 300. Section 216A.99, subsection 1, Code 2023, is
12amended to read as follows:
131. The administrator department shall provide financial
14assistance for community action agencies to implement community
15action programs, as permitted by the community service block
16grant, administer the low-income energy assistance block
17grants, department of energy funds for weatherization received
18in Iowa, and other possible funding sources.
19 Sec. 301. Section 216A.102, subsection 3, Code 2023, is
20amended to read as follows:
213. Under rules developed adopted by the division of
22community action agencies of the department of human rights
23and adopted by the board, the fund may be used to negotiate
24reconnection of essential utility services with the energy
25provider.
26 Sec. 302. Section 216A.104, subsection 1, Code 2023, is
27amended to read as follows:
281. The general assembly finds that provision of assistance
29to prevent utility disconnections will also prevent the
30development of public health risks due to such disconnections.
31The division department shall establish an energy utility
32assessment and resolution program administered by each
33community action agency for persons with low incomes who have
34or need a deferred payment agreement or are in need of an
35emergency fuel delivery to address home energy utility costs.
-218-1 Sec. 303. Section 216A.104, subsection 2, paragraphs b and
2f, Code 2023, are amended to read as follows:
3b. The person is a residential customer of an energy utility
4approved for the program by the division department.
5f. The person complies with other eligibility requirements
6adopted in rules by the division department.
7 Sec. 304. Section 216A.107, subsection 1, Code 2023, is
8amended to read as follows:
91. A family development and self-sufficiency council is
10established within the department of human rights. The council
11shall consist of the following persons:
12a. The director of the department of human services or the
13director’s designee.
14b. The director of the department of public health or the
15director’s designee.
16c. The administrator of the division of community
17action agencies of the department of human rights or the
18administrator’s designee.
19d. b. The director of the school of social work at the
20university of Iowa or the director’s designee.
21e. c. The dean of the college of human sciences at Iowa
22state university or the dean’s designee.
23f. d. Two recipients or former recipients of the family
24investment program, selected by the other members of the
25council.
26g. e. One recipient or former recipient of the family
27investment program who is a member of a racial or ethnic
28minority, selected by the other members of the council.
29h. f. One member representing providers of services to
30victims of domestic violence, selected by the other members of
31the council.
32i. g. The head of the department of design, textiles,
33gerontology, and family studies at the university of northern
34Iowa or that person’s designee.
35j. h. The director of the department of education or the
-219-1director’s designee.
2k. i. The director of the department of workforce
3development or the director’s designee.
4l. j. Two persons representing the business community,
5selected by the other members of the council.
6m. k. Two members from each chamber of the general
7assembly serving as ex officio, nonvoting members. The two
8members of the senate shall be appointed one each by the
9majority leader and the minority leader of the senate. The two
10members of the house of representatives shall be appointed one
11each by the speaker and the minority leader of the house of
12representatives.
13 Sec. 305. Section 216A.107, subsection 3, paragraph c,
14subparagraphs (1) and (3), Code 2023, are amended to read as
15follows:
16(1) Designation of families to be served that meet one or
17more criteria for being at risk of dependency on the family
18investment program or of family instability, and agreement
19to serve clients that are referred by the department of
20human services from the family investment program which
21meet the criteria. The criteria may include but are not
22limited to factors such as educational level, work history,
23family structure, age of the youngest child in the family,
24previous length of stay on the family investment program, and
25participation in the family investment program or the foster
26care program while the head of a household was a child. Grant
27proposals shall also establish the number of families to be
28served under the grant.
29(3) Designation of the manner in which other needs of the
30families will be provided for, including but not limited to
31child care assistance, transportation, substance abuse use
32disorder treatment, support group counseling, food, clothing,
33and housing.
34 Sec. 306. Section 216A.107, subsection 4, Code 2023, is
35amended to read as follows:
-220- 14. a. The division department shall administer the family
2development and self-sufficiency grant program. The department
3of human services shall disclose to the division confidential
4information pertaining to individuals receiving services under
5the grant program, as authorized under section 217.30. The
6division and the department of human services shall share
7information and data necessary for tracking performance
8measures of the family development and self-sufficiency grant
9program, for referring families participating in the promoting
10independence and self-sufficiency through employment job
11opportunities and basic skills (PROMISE JOBS) program under
12section 239B.17 and related activities and programs to the
13grant program, and for meeting federal reporting requirements.
14The division and the department of human services may by mutual
15agreement, as specified in the memorandum of agreement entered
16into in accordance with paragraph “b”, add to or delete from
17the initial shared information items listed in this lettered
18paragraph. The initial shared information shall include but is
19not limited to all of the following:
20(1) Family enrollments and exits to and from each of the
21programs.
22(2) Monthly reports of individual participant activity in
23PROMISE JOBS components that are countable work activities
24according to federal guidelines applicable to those components.
25(3) Aggregate grant program participant activity in all
26PROMISE JOBS program components.
27(4) Work participation rates for grant program participants
28who were active family investment program participants.
29(5) The average hourly wage of grant program participants
30who left the family investment program.
31(6) The percentage of grant program participants who exited
32from the grant program at or after the time family investment
33program participation ended and did not reenroll in the family
34investment program for at least one year.
35b. The division shall develop a memorandum of agreement
-221-1with the department of human services to share outcome data and
2coordinate referrals and delivery of services to participants
3in the family investment program under chapter 239B and the
4grant program and other shared clients and shall provide the
5department of human services with information necessary for
6compliance with federal temporary assistance for needy families
7block grant state plan and reporting requirements, including
8but not limited to financial and data reports.
9c. b. To the extent that the family development and
10self-sufficiency grant program is funded by the federal
11temporary assistance for needy families block grant and by the
12state maintenance of efforts funds appropriated in connection
13with the block grant, the division department shall comply with
14all federal requirements for the block grant. The division
15 department is responsible for payment of any federal penalty
16imposed that is attributable to the grant program and shall
17receive any federal bonus payment attributable to the grant
18program.
19d. c. The division department shall ensure that
20expenditures of moneys appropriated to the department of human
21services from the general fund of the state for the family
22development and self-sufficiency grant program are eligible to
23be considered as state maintenance of effort expenditures under
24federal temporary assistance for needy families block grant
25requirements.
26e. d. The commission department shall consider the
27recommendations of the council in adopting rules pertaining to
28the grant program.
29f. e. The division department shall submit to the governor
30and general assembly on or before November 30 following the
31end of each state fiscal year, a report detailing performance
32measure and outcome data evaluating the family development and
33self-sufficiency grant program for the fiscal year that just
34ended.
35 Sec. 307. Section 216A.111, subsection 2, Code 2023, is
-222-1amended to read as follows:
22. “Office” means the office of deaf services of the
3department of human rights.
4 Sec. 308. Section 216A.131, Code 2023, is amended to read
5as follows:
6216A.131 Definitions.
7For the purpose of this subchapter, unless the context
8otherwise requires:
91. “Administrator” means the administrator of the division
10of criminal and juvenile justice planning.
112. 1. “Board” means the justice advisory board.
123. 2. “Department” means the department of health and human
13rights services.
144. “Division” means the division of criminal and juvenile
15justice planning.
16 Sec. 309. Section 216A.131A, Code 2023, is amended to read
17as follows:
18216A.131A Division of criminal Criminal and juvenile justice
19planning.
20The division of criminal and juvenile justice planning is
21established to department shall fulfill the responsibilities
22of this subchapter, including the duties specified in sections
23216A.135, 216A.136, 216A.137, 216A.138, and 216A.140.
24 Sec. 310. Section 216A.132, subsection 1, paragraph b, Code
252023, is amended to read as follows:
26b. Additional voting members of the board, each serving a
27four-year term, shall include one representative from each of
28the following:
29(1) The Iowa coalition against sexual assault.
30(2) The American civil liberties union of Iowa.
31(3) The Iowa county attorneys association.
32(4) The department of health and human services.
33(5) The department of corrections.
34(6) A judicial district department of correctional
35services.
-223- 1(7) The department of public safety.
2(8) The office on the status of African Americans.
3(9) The department of public health.
4(10) (8) The board of parole.
5(11) (9) The department of justice.
6(12) (10) The state public defender.
7(13) (11) The governor’s office of drug control policy.
8 Sec. 311. Section 216A.132, subsection 3, Code 2023, is
9amended to read as follows:
103. Members of the board shall receive reimbursement
11from the state for actual and necessary expenses incurred
12in the performance of their official duties and may also
13be eligible to receive compensation as provided in section
147E.6. All expense moneys paid to nonlegislative members shall
15be paid from funds appropriated to the division department.
16Legislative members shall receive compensation as provided in
17sections 2.10 and 2.12.
18 Sec. 312. Section 216A.133, subsection 2, Code 2023, is
19amended to read as follows:
202. The board shall advise the division department on its
21administration of state and federal grants and appropriations
22and shall carry out other functions consistent with this
23subchapter.
24 Sec. 313. Section 216A.133, subsection 3, paragraphs i, j,
25k, l, and r, Code 2023, are amended to read as follows:
26i. Providing input to the department director in the
27development of budget recommendations for the division
28 department.
29j. Coordinating with the administrator to develop and
30make Developing and making recommendations to the department
31 director pursuant to section 216A.2.
32k. Serving as a liaison between the division department
33 and the public, sharing information and gathering constituency
34input.
35l. Recommending to the department the adoption of rules
-224-1pursuant to chapter 17A as it deems necessary for the board and
2division department.
3r. Reviewing data supplied by the division department, the
4department of management, the legislative services agency, the
5Iowa supreme court, and other departments or agencies for the
6purpose of determining the effectiveness and efficiency of the
7collection of such data.
8 Sec. 314. Section 216A.136, unnumbered paragraph 1, Code
92023, is amended to read as follows:
10The division department shall maintain an Iowa statistical
11analysis center for the purpose of coordinating with data
12resource agencies to provide data and analytical information to
13federal, state, and local governments, and assist agencies in
14the use of criminal and juvenile justice data. Notwithstanding
15any other provision of state law, unless prohibited by federal
16law or regulation, the division department shall be granted
17access, for purposes of research and evaluation, to criminal
18history records, official juvenile court records, juvenile
19court social records, and any other data collected or under
20control of the board of parole, department of corrections,
21department of workforce development, district departments of
22correctional services, department of human services, judicial
23branch, and department of public safety. However, intelligence
24data and peace officer investigative reports maintained by the
25department of public safety shall not be considered data for
26the purposes of this section. Any record, data, or information
27obtained by the division department under this section and
28the division department itself is subject to the federal and
29state confidentiality laws and regulations which are applicable
30to the original record, data, or information obtained by the
31division department and to the original custodian of the
32record, data, or information. The access shall include but is
33not limited to all of the following:
34 Sec. 315. Section 216A.137, Code 2023, is amended to read
35as follows:
-225- 1216A.137 Correctional policy project.
21. The division department shall maintain an Iowa
3correctional policy project for the purpose of conducting
4analyses of major correctional issues affecting the criminal
5and juvenile justice system. The board shall identify and
6prioritize the issues and studies to be addressed by the
7division department through this project and shall report
8project plans and findings annually along with the report
9required in section 216A.135. Issues and studies to be
10considered by the board shall include but are not limited
11to a review of the information systems available to assess
12corrections trends and program effectiveness, the development
13of an evaluation plan for assessing the impact of corrections
14expenditures, and a study of the desirability and feasibility
15of changing the state’s sentencing practices, which includes
16a prison population forecast.
172. The division department may form subcommittees for the
18purpose of addressing major correctional issues affecting the
19criminal and juvenile justice system. The division department
20 shall establish a subcommittee to address issues specifically
21affecting the juvenile justice system.
22 Sec. 316. Section 216A.138, subsections 1, 2, 4, and 7, Code
232023, are amended to read as follows:
241. The division department shall coordinate the development
25of a multiagency database to track the progress of juveniles
26through various state and local agencies and programs. The
27division department shall develop a plan which utilizes
28existing databases, including the Iowa court information
29system, the federally mandated national adoption and foster
30care information system, and the other state and local
31databases pertaining to juveniles, to the extent possible.
322. The department of human services, department of
33 corrections, judicial branch, department of public safety,
34department of education, local school districts, and other
35state agencies and political subdivisions shall cooperate with
-226-1the division department in the development of the plan.
24. The division department shall develop the plan within
3the context of existing federal privacy and confidentiality
4requirements. The plan shall build upon existing resources and
5facilities to the extent possible.
67. If the division department has insufficient funds and
7resources to implement this section, the division department
8 shall determine what, if any, portion of this section may be
9implemented, and the remainder of this section shall not apply.
10 Sec. 317. Section 216A.140, subsection 5, Code 2023, is
11amended to read as follows:
125. Membership. The youth development council membership
13shall be determined by the council itself and shall include the
14directors or chief administrators, or their designees, from the
15following state agencies and programs:
16a. Child advocacy board.
17b. Iowa commission on volunteer service in the office of
18the governor.
19c. b. Department of education.
20d. Department of human rights.
21e. Department of human services.
22f. c. Department of public health and human services.
23g. d. Department of workforce development.
24h. e. Governor’s office Office of drug control policy.
25i. f. Iowa cooperative extension service in agriculture and
26home economics.
27j. Early childhood Iowa office in the department of
28management.
29 Sec. 318. Section 216A.140, subsection 8, paragraphs b and
30c, Code 2023, are amended to read as follows:
31b. The youth advisory council shall consist of no more
32than twenty-one youth ages fourteen through twenty years who
33reside in Iowa. Membership shall be for two-year staggered
34terms. The department director, or the director’s designee,
35 shall select council members using an application process. The
-227-1department director or the director’s designee shall strive
2to maintain a diverse council membership and shall take into
3consideration race, ethnicity, disabilities, gender, and
4geographic location of residence of the applicants.
5c. Except as otherwise provided by law, the youth advisory
6council shall determine its own rules of procedure and
7operating policies, subject to approval by the department
8 director or the director’s designee.
9 Sec. 319. Section 216A.141, subsection 2, Code 2023, is
10amended to read as follows:
112. “Office” means the office on the status of African
12Americans of the department of human rights.
13 Sec. 320. Section 216A.151, subsection 3, Code 2023, is
14amended to read as follows:
153. “Office” means the office of Asian and Pacific Islander
16affairs of the department of human rights.
17 Sec. 321. Section 216A.161, subsection 2, Code 2023, is
18amended to read as follows:
192. “Office” means the office of Native American affairs of
20the department of human rights.
21 Sec. 322. Section 216D.2, subsection 2, Code 2023, is
22amended to read as follows:
232. “Public office building” means the state capitol, all
24county courthouses, all city halls, and all buildings used
25primarily for governmental offices of the state or any county
26or city. It does not include public schools or buildings
27at institutions of the state board of regents or the state
28 department of health and human services.
29 Sec. 323. NEW SECTION. 217.01 Definitions.
30As used in this chapter, unless the context otherwise
31requires:
321. “Council” means the council on health and human services.
332. “Department” means the department of health and human
34services.
353. “Director” means the director of health and human
-228-1services.
2 Sec. 324. Section 217.1, Code 2023, is amended to read as
3follows:
4217.1 Programs of department.
5There is established a department of health and human
6services to administer programs designed to protect and improve
7the health, well-being, and productivity of the people of
8the state of Iowa. The department shall concern itself with
9the problems of human behavior, adjustment, and daily living
10through the administration of programs of family, child, and
11adult welfare, economic assistance including costs of medical
12care, rehabilitation toward self-care and support, delinquency
13prevention and control, treatment and rehabilitation of
14juvenile offenders, care and treatment of persons with mental
15illness or an intellectual disability, public health, and other
16related programs as provided by law.
17 Sec. 325. Section 217.2, Code 2023, is amended to read as
18follows:
19217.2 Council on health and human services.
201. a. There is created within the department of human
21services a council on health and human services which shall
22act in a policymaking and advisory capacity on matters within
23the jurisdiction of the department. The council shall consist
24of seven nine voting members appointed by the governor subject
25to confirmation by the senate. Appointments shall be made
26on the basis of interest in public affairs, good judgment,
27and knowledge and ability in the field of health and human
28services. Appointments shall be made to provide a diversity of
29interest and point of view in the membership and without regard
30to religious opinions or affiliations. The voting members of
31the council shall serve for six-year staggered terms.
32b. Each term of a voting member shall commence and end as
33provided by section 69.19.
34c. All voting members of the council shall be electors
35of the state of Iowa. No more than four five members shall
-229-1belong to the same political party and no more than two three
2 members shall, at the time of appointment, reside in the same
3congressional district. At least one member of the council
4shall be a member of a county board of supervisors at the time
5of appointment to the council. At least one member of the
6council shall be a physician licensed to practice medicine in
7Iowa. Vacancies occurring during a term of office shall be
8filled in the same manner as the original appointment for the
9balance of the unexpired term subject to confirmation by the
10senate.
112. In addition to the voting members described in subsection
121, the membership of the council shall include four legislators
13as ex officio, nonvoting members. The four legislators shall
14be appointed one each by the majority leader of the senate,
15the minority leader of the senate, the speaker of the house
16of representatives, and the minority leader of the house of
17representatives for terms as provided in section 69.16B.
18 Sec. 326. Section 217.3, Code 2023, is amended to read as
19follows:
20217.3 Duties of council.
21The council on human services shall:
221. Organize annually and select a chairperson and vice
23chairperson.
242. Adopt and establish policy for the operation and
25conduct of the department of human services, subject to any
26guidelines which may be adopted by the general assembly, and
27the implementation of all services and programs thereunder
28 administered by the department.
293. Report immediately to the governor any failure by the
30director or any administrator of the department of human
31services to carry out any of the policy decisions or directives
32of the council.
334. Approve the budget of the department of human services
34 prior to submission to the governor. Prior to approval of the
35budget, the council shall publicize and hold a public hearing
-230-1to provide explanations and hear questions, opinions, and
2suggestions regarding the budget. Invitations to the hearing
3shall be extended to the governor, the governor-elect, the
4director of the department of management, and other persons
5deemed by the council as integral to the budget process. The
6budget materials submitted to the governor shall include a
7review of options for revising the medical assistance program
8made available by federal action or by actions implemented
9by other states as identified by the department, the medical
10assistance advisory council created in section 249A.4B, and
11by county representatives. The review shall address what
12potential revisions could be made in this state and how the
13changes would be beneficial to Iowans.
145. Insure that all programs administered or services
15rendered by the department directly to any citizen or through
16a local agency to any citizen are coordinated and integrated
17so that any citizen does not receive a duplication of services
18from various departments or local agencies that could be
19rendered by one department or local agency. If the council
20finds that such is not the case, it shall hear and determine
21which department or local agency shall provide the needed
22service or services and enter an order of their determination
23by resolution of the council which must be concurred in by
24at least a majority of the members. Thereafter such order
25or resolution of the council shall be obeyed by all state
26departments and local agencies to which it is directed.
276. Adopt all necessary rules recommended by the director or
28administrators of divisions hereinafter established department
29 prior to their promulgation pursuant to chapter 17A.
307. Approve the establishment of any new division or
31reorganization, consolidation or abolition of any established
32division prior to the same becoming effective.
338. 7. Recommend to the governor the names of individuals
34qualified for the position of director of human services when a
35vacancy exists in the office.
-231-1 Sec. 327. Section 217.3A, Code 2023, is amended to read as
2follows:
3217.3A Advisory committees.
41. General. The council on human services shall establish
5and utilize the advisory committee identified in this section
6 and may establish and utilize other ad hoc advisory committees
7as determined necessary to advise the council. The council
8shall establish appointment provisions, membership terms,
9operating guidelines, and other operational requirements for
10committees established pursuant to this section.
112. Child abuse prevention. The council 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:
16a. Advise the director of human services and the
17administrator of the division of the department of human
18services responsible for child and family programs regarding
19expenditures of funds received for the child abuse prevention
20program.
21b. Review the implementation and effectiveness of
22legislation and administrative rules concerning the child abuse
23prevention program.
24c. Recommend changes in legislation and administrative rules
25to the general assembly and the appropriate administrative
26officials.
27d. Require reports from state agencies and other entities as
28necessary to perform its duties.
29e. Receive and review complaints from the public concerning
30the operation and management of the child abuse prevention
31program.
32f. Approve grant proposals.
33 Sec. 328. Section 217.4, Code 2023, is amended to read as
34follows:
35217.4 Meetings of council.
-232- 1The council shall meet at least monthly. Additional
2meetings shall be called by the chairperson or upon written
3request of any three council members thereof as necessary to
4carry out the duties of the council. The chairperson shall
5preside at all meetings or in the absence of the chairperson
6the vice chairperson shall preside. The members of the council
7shall be paid a per diem as specified in section 7E.6 and their
8reasonable and necessary expenses.
9 Sec. 329. Section 217.5, Code 2023, is amended to read as
10follows:
11217.5 Director of health and human services.
12The chief administrative officer for the department of human
13services is the director of human services. The director shall
14be appointed by the governor subject to confirmation by the
15senate and shall serve at the pleasure of the governor. The
16governor shall fill a vacancy in this office in the same manner
17as the original appointment was made. The director shall be
18selected primarily for administrative ability. The director
19shall not be selected on the basis of political affiliation
20and shall not engage in political activity while holding this
21position.
22 Sec. 330. NEW SECTION. 217.5A Attorneys — legal counsel
23and advice.
24Notwithstanding section 13.7, the department may employ or
25retain attorneys to provide legal counsel and advice. However,
26section 13.7 shall govern the employment or retention of
27attorneys by the department to represent the department in any
28action or proceeding brought in any court or tribunal.
29 Sec. 331. Section 217.6, Code 2023, is amended to read as
30follows:
31217.6 Rules and regulations — organization of department.
321. The director is hereby authorized to may recommend
33to the council for adoption such rules and regulations as
34are necessary to carry into practice administer the duties,
35functions, and programs of the various divisions and to
-233-1establish such divisions and to assign or reassign duties,
2powers, and responsibilities within the department, all with
3the approval of the council on human services, within the
4department as the director deems necessary and appropriate
5for the proper administration of the duties, functions and
6programs with which the department is charged. Any action
7taken, decision made, or administrative rule adopted by any
8administrator of a division may be reviewed by the director.
9The director, upon such review, may affirm, modify, or reverse
10any such action, decision, or rule.
112. The rules and regulations adopted for the public benefits
12and programs administered by the department of human services
13 shall apply the residency eligibility restrictions required by
14federal and state law.
153. The director shall organize the department of human
16services into divisions subunits as necessary to most
17efficiently carry out in an efficient manner the intent
18of this chapter and any other chapter the department is
19responsible for administering. The department of human
20services may be initially divided into the following divisions
21of responsibility:
22a. The division of child and family services.
23b. The division of mental health and disability services.
24c. The division of administration.
25d. The division of planning, research, and statistics.
264. If the department of human services requires or requests
27a service consumer, service provider, or other person to
28maintain required documentation in electronic form, the
29department shall accept such documentation submitted by
30electronic means and shall not require a physical copy of the
31documentation unless required by state or federal law.
32 Sec. 332. Section 217.13, Code 2023, is amended to read as
33follows:
34217.13 Department to provide certain volunteer services —
35volunteer liability.
-234- 11. The department of human services shall establish
2volunteer programs designed to enhance the services provided
3by the department. Roles for volunteers may include but shall
4not be limited to parent aides, friendly visitors, commodity
5distributors, clerical assistants, medical transporters, and
6other functions to complement and supplement the department’s
7work with clients. Roles for volunteers shall include
8conservators and guardians. The department shall adopt rules
9for programs which are established.
102. a. The director shall appoint a coordinator of volunteer
11services to oversee the provision of services of volunteer
12conservators and guardians on a volunteer basis to individuals
13in this state requiring such services. The coordinator,
14after consulting with personnel assigned to the district of
15the department, shall recommend to the director how best to
16serve the needs of individuals in need of the services of a
17guardian or conservator. Where possible, the coordinator shall
18recommend that the services be provided on a multicounty basis.
19b. The coordinator shall cooperate with the administrators
20of the divisions of the department in providing these services
21and shall seek out alternative sources for providing the
22services required under this section.
233. All volunteers registered with the department and
24in compliance with departmental rules are considered state
25employees for purposes of chapter 669. However, this section
26does not except a conservator or guardian from an action
27brought under section 658.1A or 658.3. This section does not
28relieve a guardian or conservator from duties under chapter
29633.
30 Sec. 333. Section 217.18, Code 2023, is amended to read as
31follows:
32217.18 Official seal.
33The department shall have an official seal with the words
34“Iowa Department of Health and Human Services” and such other
35design as the department prescribes engraved thereon on the
-235-1seal. Every commission, order, or other paper of an official
2nature executed by the department may be attested with such the
3 seal.
4 Sec. 334. Section 217.19, Code 2023, is amended to read as
5follows:
6217.19 Expenses.
71. The director of said department, and the director’s
8staff, assistants, and employees shall, in addition to salary,
9receive their necessary traveling expenses by the nearest
10traveled and practicable route, when engaged in the performance
11of official business.
122. The department of administrative services shall work
13with the department of human services to develop and implement
14an expense policy applicable to the members of a board,
15commission, committee, or other body under the auspices of the
16department of human services who meet the income requirements
17for payment of per diem in accordance with section 7E.6,
18subsection 2. The policy shall allow for the payment of
19the member’s expenses to be addressed through use of direct
20billings, travel purchase card, prepaid expenses, or other
21alternative means of addressing the expenses in lieu of
22reimbursement of the member.
23 Sec. 335. Section 217.21, Code 2023, is amended to read as
24follows:
25217.21 Annual report.
26The department shall, annually, at the time provided by law
27make a report to the governor and general assembly, and cover
28therein in the report the annual period ending with June 30
29preceding, which report shall embrace include:
301. An itemized statement of its the department’s
31 expenditures concerning each program under its the department’s
32 administration.
332. Adequate and complete statistical reports for the
34state as a whole concerning all payments made under its the
35department’s administration.
-236- 13. Such recommendations as to changes in laws under its the
2department’s administration as the director may deem necessary.
34. The observations and recommendations of the director and
4the council on human services relative to the programs of the
5department.
65. Such other information as the director or council on
7human services may deem deems advisable, or which may be
8requested by the governor or by the general assembly.
9 Sec. 336. Section 217.23, Code 2023, is amended to read as
10follows:
11217.23 Personnel — merit system — reimbursement for damaged
12property.
131. The director of human services or the director’s
14designee, shall employ such personnel as are necessary for the
15performance of the duties and responsibilities assigned to
16the department. All employees shall be selected on a basis
17of fitness for the work to be performed with due regard to
18training and experience and shall be subject to the provisions
19of chapter 8A, subchapter IV.
202. The department may expend moneys from the support
21allocation of the department as reimbursement for replacement
22or repair of personal items of the department’s employees
23damaged or destroyed by clients of the department during the
24employee’s tour of duty. However, the reimbursement shall not
25exceed three hundred dollars for each item. The department
26shall establish rules in accordance with chapter 17A to carry
27out the purpose of this section.
28 Sec. 337. Section 217.24, Code 2023, is amended to read as
29follows:
30217.24 Payment by electronic funds transfer.
31The department of human services shall continue expanding
32the practice of making payments to program participants and
33vendors by means of electronic funds transfer. The department
34shall seek the capacity for making payment by such means for
35all programs administered by the department.
-237-1 Sec. 338. Section 217.32, Code 2023, is amended to read as
2follows:
3217.32 Office space in county.
4Where When the department of human services assigns
5personnel to an office located in a county for the purpose of
6performing in that county designated eligibility for economic
7and medical assistance programs and protective services duties
8and responsibilities assigned by law to the department, it
9shall be the responsibility of the county to provide and
10maintain the necessary office space and office supplies and
11equipment for the personnel so assigned in the same manner as
12if they were employees of the county. The department shall at
13least annually, or more frequently if the department so elects,
14reimburse the county for a portion, designated by law, of the
15cost of maintaining office space and providing supplies and
16equipment as required by this section, and also for a similar
17portion of the cost of providing the necessary office space if
18in order to do so it is necessary for the county to lease office
19space outside the courthouse or any other building owned by the
20county. The portion of the foregoing costs reimbursed to the
21county under this section shall be equivalent to the proportion
22of those costs which the federal government authorizes to be
23paid from available federal funds, unless the general assembly
24directs otherwise when appropriating funds for support of the
25department.
26 Sec. 339. Section 217.33, Code 2023, is amended to read as
27follows:
28217.33 Legal services.
29The director of human services pursuant to a state plan
30funded in part by the federal government may provide services
31for eligible persons by contract with nonprofit legal aid
32organizations.
33 Sec. 340. Section 217.34, Code 2023, is amended to read as
34follows:
35217.34 Debt setoff.
-238- 1The investigations division of the department of inspections
2and appeals and the department of human services shall provide
3assistance to set off against a person’s or provider’s income
4tax refund or rebate any debt which has accrued through written
5contract, nonpayment of premiums pursuant to section 249A.3,
6subsection 2, paragraph “a”, subparagraph (1), subrogation,
7departmental recoupment procedures, or court judgment and which
8is in the form of a liquidated sum due and owing the department
9of human services. The department of inspections and appeals,
10with approval of the department of human services, shall adopt
11rules under chapter 17A necessary to assist the department of
12administrative services in the implementation of the setoff
13under section 8A.504 in regard to money owed to the state for
14public assistance overpayments or nonpayment of premiums as
15specified in this section. The department of human services
16 shall adopt rules under chapter 17A necessary to assist the
17department of administrative services in the implementation of
18the setoff under section 8A.504, in regard to collections by
19the child support recovery unit services and the foster care
20recovery unit services.
21 Sec. 341. Section 217.35, Code 2023, is amended to read as
22follows:
23217.35 Fraud and recoupment activities.
24Notwithstanding the requirement for deposit of recovered
25moneys under section 239B.14, recovered moneys generated
26through fraud and recoupment activities are appropriated to
27the department of human services to be used for additional
28fraud and recoupment activities performed by the department of
29human services or the department of inspections and appeals.
30The department of human services may use the recovered
31moneys appropriated to add not more than five full-time
32equivalent positions, in addition to those funded by annual
33appropriations. The appropriation of the recovered moneys is
34subject to both of the following conditions:
351. The director of human services determines that the
-239-1investment can reasonably be expected to increase recovery of
2assistance paid in error, due to fraudulent or nonfraudulent
3actions, in excess of the amount recovered in the previous
4fiscal year.
52. The amount expended for the additional fraud and
6recoupment activities shall not exceed the amount of the
7projected increase in assistance recovered.
8 Sec. 342. Section 217.36, Code 2023, is amended to read as
9follows:
10217.36 Distribution of earned income tax credit information.
111. The department shall ensure that educational materials
12relating to the federal and state earned income tax credits
13are provided in accordance with this section to each household
14receiving assistance or benefits under:
15a. The hawk-i Hawki program under chapter 514I.
16b. The family investment program under chapter 239B.
17c. The medical assistance Act program under chapter 249A.
18d. The food programs defined in section 234.1 which are
19administered by the department.
20e. Any other appropriate programs administered by, or under
21the oversight of, the department of human services.
222. The department shall, by mail or through the internet,
23provide a household described in subsection 1 with access to:
24a. Internal revenue service publications relating to the
25federal earned income tax credit.
26b. Department of revenue publications relating to the state
27earned income tax credit.
28c. Information prepared by tax preparers who provide
29volunteer or free federal or state income tax preparation
30services to low-income and other eligible persons and who are
31located in close geographic proximity to the person.
323. In January of each year, the department or a
33representative of the department shall mail to each household
34described in subsection 1 information about the federal and
35state earned income tax credit that provides the household with
-240-1referrals to the resources described in subsection 2.
24. The mailings required by the department under this
3section do not have to be made as a separate mailing but may
4be included in existing mailings being made to the appropriate
5households.
6 Sec. 343. Section 217.40, Code 2023, is amended to read as
7follows:
8217.40 Training for guardians and conservators.
9The department of human services, or a person designated
10by the director, shall establish training programs designed
11to assist all duly appointed guardians and conservators in
12understanding their fiduciary duties and liabilities, the
13special needs of the ward, and how to best serve the ward and
14the ward’s interests.
15 Sec. 344. Section 217.41, Code 2023, is amended to read as
16follows:
17217.41 Refugee services foundation.
181. The department of human services shall cause a refugee
19services foundation to be created for the sole purpose of
20engaging in refugee resettlement activities to promote the
21welfare and self-sufficiency of refugees who live in Iowa and
22who are not citizens of the United States. The foundation may
23establish an endowment fund to assist in the financing of its
24activities. The foundation shall be incorporated under chapter
25504.
262. The foundation shall be created in a manner so that
27donations and bequests to the foundation qualify as tax
28deductible under federal and state income tax laws. The
29foundation is not a state agency and shall not exercise
30sovereign power of the state. The state is not liable for any
31debts of the foundation.
323. The refugee services foundation shall have a board
33of directors of five members. One member shall be appointed
34by the governor and four members shall be appointed by the
35director of human services. Members of the board shall serve
-241-1three-year terms beginning on July 1, and ending on June 30. A
2vacancy on the board shall be filled in the same manner as the
3original appointment for the remainder of the term. Not more
4than two members appointed by the director of human services
5 shall be of the same gender or of the same political party.
64. The refugee services foundation may accept and
7administer trusts deemed by the board to be beneficial.
8Notwithstanding section 633.63, the foundation may act as
9trustee of such a trust.
10 Sec. 345. Section 217.41B, subsection 1, Code 2023, is
11amended to read as follows:
121. The department of human services shall discontinue the
13Medicaid family planning network waiver effective July 1, 2017,
14and shall instead establish a state family planning services
15program. The state program shall replicate the eligibility
16requirements and other provisions included in the Medicaid
17family planning network waiver as approved by the centers for
18Medicare and Medicaid services of the United States department
19of health and human services in effect on June 30, 2017.
20 Sec. 346. Section 217.41B, subsection 3, paragraph a,
21subparagraph (2), Code 2023, is amended to read as follows:
22(2) The department of human services shall adopt rules
23pursuant to chapter 17A to require that as a condition of
24eligibility as a provider under the family planning services
25program, each distinct location of a nonprofit health care
26delivery system shall enroll in the program as a separate
27provider, be assigned a distinct provider identification
28number, and complete an attestation that abortions are not
29performed at the distinct location.
30 Sec. 347. Section 217.41C, subsection 1, paragraph a, Code
312023, is amended to read as follows:
32a. The department of human services shall create the more
33options for maternal support program, a statewide program to
34promote healthy pregnancies and childbirth through nonprofit
35organizations that provide pregnancy support services.
-242-1 Sec. 348. Section 217.41C, subsection 3, unnumbered
2paragraph 1, Code 2023, is amended to read as follows:
3The department of human services shall issue a request for
4proposals to select a program administrator for the program.
5A program administrator shall meet all of the following
6requirements:
7 Sec. 349. Section 217.41C, subsections 5 and 6, Code 2023,
8are amended to read as follows:
95. The department of human services shall publish the
10program administrator and subcontractor criteria on the
11department’s internet site.
126. The department of human services shall adopt rules
13pursuant to chapter 17A to administer the program, and shall
14provide technical assistance to the program administrator,
15monitor the program administrator for adherence to state and
16federal requirements, and collect and maintain program data.
17 Sec. 350. Section 217.41C, subsection 7, unnumbered
18paragraph 1, Code 2023, is amended to read as follows:
19Beginning October 1, 2023, and on or before October
201 annually thereafter, the department of human services
21 shall submit to the general assembly the following program
22information relative to the prior fiscal year:
23 Sec. 351. Section 217.42, Code 2023, is amended to read as
24follows:
25217.42 Service areas — County offices.
261. The organizational structure to deliver the department’s
27field services shall be based upon service areas designated by
28the department. The service areas shall serve as a basis for
29providing field services to persons residing in the counties
30comprising the service area.
312. 1. The department shall maintain an office in each
32county. Based on the annual appropriations for field
33operations, the department shall strive to maintain a full-time
34presence in each county. If it is not possible to maintain a
35full-time presence in each county, the department shall provide
-243-1staff based on its caseweight system to assure the provision of
2services. The department shall consult with the county boards
3of supervisors of those counties regarding staffing prior to
4any modification of office hours.
53. 2. A county or group of counties may voluntarily enter
6into a chapter 28E agreement with the department to provide
7funding or staff persons to deliver field services in county
8offices. The agreement shall cover the full fiscal year but
9may be revised by mutual consent.
10 Sec. 352. Section 217.43, Code 2023, is amended to read as
11follows:
12217.43 Service area County advisory boards — location of
13county offices.
141. a. The department shall establish a service area one
15or more advisory board in each service area boards. Each of
16the county boards of supervisors of the counties comprising
17the service area shall appoint two service area advisory board
18members. All of the following requirements apply to the
19appointments made by a county board of supervisors:
20(1) The membership shall be appointed in accordance with
21section 69.16, relating to political affiliation, and section
2269.16A, relating to gender balance.
23(2) Not more than one of the members shall be a member of
24the board of supervisors.
25(3) Appointments shall be made on the basis of interest in
26maintaining and improving service delivery.
27b. Appointments shall be made a part of the regular
28proceedings of the board of supervisors and shall be filed with
29the county auditor and the service area manager department. A
30vacancy on the board shall be filled in the same manner as the
31original appointment.
32c. The boards of supervisors shall develop and agree to
33other organizational provisions involving the advisory board,
34including reporting requirements.
352. The purpose of the advisory boards is to improve
-244-1communication and coordination between the department and the
2counties and to advise the department regarding maintenance and
3improvement of service delivery in the counties and communities
4comprising the service areas.
53. The department shall determine the community in which
6each county office will be located. The county board of
7supervisors shall determine the location of the office space
8for the county office. The county board of supervisors shall
9make reasonable efforts to collocate the office with other
10state and local government or private entity offices in order
11to maintain the offices in a cost-effective location that is
12convenient to the public.
13 Sec. 353. Section 217.44, Code 2023, is amended to read as
14follows:
15217.44 Service areas Department offices — employee and
16volunteer record checks.
171. The record check evaluation system of the department
18shall conduct criminal and child and dependent adult abuse
19record checks of persons who are potential employees,
20employees, potential volunteers, and volunteers in service area
21 department offices in a position having direct contact with the
22department’s clients. The record checks shall be performed in
23this state and the department record check evaluation system
24 may conduct these checks in other states. If the department
25 record check evaluation system determines that a person has
26been convicted of a crime or has a record of founded child or
27dependent adult abuse, the department record check evaluation
28system shall perform an evaluation to determine whether the
29crime or founded abuse warrants prohibition of the person’s
30employment or participation as a volunteer. The record checks
31and evaluation shall be performed in accordance with procedures
32adopted for this purpose by the department.
332. In an evaluation, the department record check evaluation
34system shall consider the nature and seriousness of the crime
35or founded child or dependent adult abuse in relation to the
-245-1position sought or held, the time elapsed since the commission
2of the crime or founded abuse, the circumstances under which
3the crime or founded abuse was committed, the degree of
4rehabilitation, the likelihood that the person will commit
5the crime or founded abuse again, and the number of crimes or
6founded abuses committed by the person involved.
73. The department record check evaluation system may permit
8a person who is evaluated to be employed or to participate as a
9volunteer if the person complies with the department’s record
10check evaluation system’s conditions relating to employment or
11participation as a volunteer which may include completion of
12additional training.
134. If the department record check evaluation system
14 determines that the person has committed a crime or has a
15record of founded child or dependent adult abuse which warrants
16prohibition of employment or participation as a volunteer, the
17person shall not be employed by or participate as a volunteer
18in a department service area office in a position having direct
19contact with the department’s clients.
20 Sec. 354. Section 217.45, subsection 1, unnumbered
21paragraph 1, Code 2023, is amended to read as follows:
22A background investigation may be conducted by the
23department of human services on all of the following
24individuals:
25 Sec. 355. Section 218.1, Code 2023, is amended to read as
26follows:
27218.1 Institutions controlled.
28The director of human services shall have the general and
29full authority given under statute to control, manage, direct,
30and operate the following institutions under the director’s
31jurisdiction, and may at the director’s discretion assign
32the powers and authorities given the director by statute to
33any one of the deputy directors, division administrators, or
34officers or employees of the divisions of the department of
35human services a superintendent:
-246- 11. Glenwood state resource center.
22. Woodward state resource center.
33. Mental health institute, Cherokee, Iowa.
44. Mental health institute, Independence, Iowa.
55. State training school.
66. Iowa juvenile home.
77. 6. Other facilities not attached to the campus of the
8main institution as program developments require.
9 Sec. 356. Section 218.2, Code 2023, is amended to read as
10follows:
11218.2 Powers of governor — report of abuses.
121. Nothing contained in section 218.1 shall limit the
13general supervisory or examining powers vested in the governor
14by the laws or Constitution of the State of Iowa, or legally
15vested by the governor in any committee appointed by the
16governor.
172. The administrator superintendent to whom primary
18responsibility for a particular institution has been assigned
19shall make reports to the director of human services as are
20 requested by the director and the director shall report, in
21writing, to the governor any abuses found to exist in any of
22the institutions.
23 Sec. 357. Section 218.3, Code 2023, is amended to read as
24follows:
25218.3 Definitions.
26For the purposes of this chapter, unless the context
27otherwise requires:
281. “Administrator” means the person to whom the director
29of human services has assigned power and authority over an
30institution in accordance with section 218.1. “Council” means
31the council on health and human services.
322. “Department” means the department of health and human
33services.
343. “Director” means the director of health and human
35services.
-247- 12. 4. “Institution” means an institution listed in section
2218.1.
35. “Resident” means a person committed or admitted to an
4institution and is synonymous with patient, as appropriate to
5the institution.
66. “Superintendent” means the person to whom primary
7responsibility for a particular institution has been assigned.
8 Sec. 358. Section 218.4, Code 2023, is amended to read as
9follows:
10218.4 Recommendation for rules.
111. The administrators of particular institutions department
12 shall recommend to the council on human services for adoption
13such rules not inconsistent with law as they may deem necessary
14for the discharge of their duties, the management of each
15of such the institutions, and the admission, of residents
16thereto and the treatment, care, custody, education and
17discharge of residents. It is made the duty of the particular
18administrators department to establish rules by which danger
19to life and property from fire will be minimized. In the
20discharge of their duties and in the enforcement of their
21rules, they The department may require any of their appointees
22to perform duties in addition to those required by statute.
232. Rules adopted by the council pursuant to chapter 17A
24shall be uniform and shall apply to all institutions under the
25particular administrator and to all other institutions under
26the administrator’s department’s jurisdiction. The primary
27rules for use in institutions where persons with mental illness
28are served shall, unless otherwise indicated, uniformly apply
29to county or private hospitals in which persons with mental
30illness are served, but the rules shall not interfere with
31proper medical treatment administered to patients such persons
32 by competent physicians. Annually, signed copies of the rules
33shall be sent to the superintendent of each institution or
34hospital under the control or supervision of a particular
35administrator. Copies shall also be sent to the clerk of each
-248-1district court, the chairperson of the board of supervisors
2of each county and, as appropriate, to the officer in charge
3of institutions or hospitals caring for persons with mental
4illness in each county who shall be responsible for seeing
5that the rules are posted in each institution or hospital in a
6prominent place. The rules shall be kept current to meet the
7public need and shall be revised and published annually.
83. The state fire marshal shall cause to be made an annual
9inspection of all the institutions listed in section 218.1 and
10shall make provide a written report thereof of each inspection
11 to the particular administrator of the state department of
12human services in control of such institution.
13 Sec. 359. Section 218.5, Code 2023, is amended to read as
14follows:
15218.5 Fire protection contracts.
16The administrators shall have power to department may
17 enter into contracts with the governing body of any city or
18other municipal corporation for the protection from fire of
19any property under the administrators’ department’s primary
20control, located in any municipal corporation or in territory
21contiguous to the municipal corporation, upon terms as may be
22agreed upon.
23 Sec. 360. Section 218.6, Code 2023, is amended to read as
24follows:
25218.6 Transfer of appropriations made to institutions.
261. Notwithstanding section 8.39, subsection 1, without the
27prior written consent and approval of the governor and the
28director of the department of management, the director of human
29services may transfer funds between the appropriations made for
30the institutions, listed as follows:
31a. The state resource centers.
32b. The state mental health institutes.
33c. The state training school.
34d. The civil commitment unit for sexual offenders.
352. The department shall report any transfer made pursuant
-249-1to subsection 1 during a fiscal quarter to the legislative
2services agency within thirty days of the beginning of the
3subsequent fiscal quarter.
4 Sec. 361. Section 218.9, Code 2023, is amended to read as
5follows:
6218.9 Appointment of superintendents.
71. The administrator in charge of an institution, subject to
8the approval of the director of human services, shall appoint
9the superintendent of the institution. The tenure of office of
10a superintendent shall be at the pleasure of the administrator
11 director. The administrator director may transfer a
12superintendent or warden from one institution to another.
132. The superintendent or warden shall have immediate
14custody and control, subject to the orders and policies of the
15administrator in charge of the institution director, of all
16property used in connection with the institution except as
17provided in this chapter.
18 Sec. 362. Section 218.10, Code 2023, is amended to read as
19follows:
20218.10 Subordinate officers and employees.
21The administrator in charge of a particular institution,
22with the consent and approval of the director of human
23services, shall determine the number of subordinate officers
24and employees for the institution. Subject to this chapter,
25the officers and employees shall be appointed and discharged
26by the superintendent or business manager the superintendent’s
27designee pursuant to chapter 8A, subchapter IV. The
28superintendent shall keep, in the record of each subordinate
29officer and employee, the date of employment, the compensation,
30and the date of each discharge, and the reasons for discharge.
31 Sec. 363. Section 218.12, Code 2023, is amended to read as
32follows:
33218.12 Bonds.
34The administrator in charge of any particular institution
35shall require each Each officer and any employee of such
-250-1administrator and of every an institution under the
2administrator’s control who may be charged with the custody
3or control of any money or property belonging to the state to
4give shall provide an official bond, properly conditioned,
5and signed by sufficient sureties in a sum to be fixed by
6the administrator director, which bond shall be approved by
7the administrator director, and filed in the office of the
8secretary of state.
9 Sec. 364. Section 218.13, Code 2023, is amended to read as
10follows:
11218.13 Record checks.
121. For the purposes of this section, unless the context
13otherwise requires:
14a. “Department” means the department of human services.
15b. “Institution” means an institution controlled by the
16department as described in section 218.1.
17c. “Resident” means a person committed or admitted to an
18institution.
192. 1. If a person is being considered for employment
20involving direct responsibility for a resident or with access
21to a resident when the resident is alone, or if a person
22will reside in a facility utilized by an institution, 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 or residence in the facility. The
28department record check evaluation system shall conduct
29criminal and child and dependent adult abuse record checks of
30the person in this state and may conduct these checks in other
31states. The investigation and evaluation shall be performed
32in accordance with procedures adopted for this purpose by the
33department.
343. 2. If the department record check evaluation system
35 determines that a person, who is employed by an institution
-251-1or resides in a facility utilized by an institution, has
2been convicted of a crime or has a record of founded child
3or dependent adult abuse, the department record check
4evaluation system shall perform an evaluation to determine
5whether prohibition of the person’s employment or residence is
6warranted. The evaluation shall be performed in accordance
7with procedures adopted for this purpose by the department.
84. 3. In an evaluation, the department record check
9evaluation system shall consider the nature and seriousness of
10the crime or founded child or dependent adult abuse in relation
11to the position sought or held, the time elapsed since the
12commission of the crime or founded abuse, the circumstances
13under which the crime or founded abuse was committed, the
14degree of rehabilitation, the likelihood that the person will
15commit the crime or founded abuse again, and the number of
16crimes or founded abuses committed by the person involved.
17The department record check evaluation system may permit
18a person who is evaluated to be employed or reside or to
19continue employment or residence if the person complies with
20the department’s record check evaluation system’s conditions
21relating to employment or residence which may include
22completion of additional training.
235. 4. If the department record check evaluation system
24 determines that the person has committed a crime or has a
25record of founded child or dependent adult abuse which warrants
26prohibition of employment or residence, the person shall not
27be employed by an institution or reside in a facility utilized
28by an institution.
29 Sec. 365. Section 218.14, Code 2023, is amended to read as
30follows:
31218.14 Dwelling of superintendent or other employee.
321. The administrator having control over an institution
33may, with consent of the director of human services, may
34 furnish the superintendent of the institution, in addition
35to salary, with a dwelling or with appropriate quarters in
-252-1lieu of the dwelling, or the administrator may compensate the
2superintendent of the institution in lieu of furnishing a
3dwelling or quarters. If the superintendent of the institution
4is furnished with a dwelling or quarters, either of which is
5owned by the state, the superintendent may also be furnished
6with water, heat, and electricity.
72. The administrator having control over an institution
8 director may furnish assistant superintendents or other
9employees, or both, with a dwelling or with appropriate
10quarters, owned by the state. The assistant superintendent or
11employee, who is so furnished, shall pay rent for the dwelling
12or quarters in an amount to be determined by the superintendent
13of the institution director, which shall be the fair market
14rental value of the dwelling or quarters. If an assistant
15superintendent or employee is furnished with a dwelling or
16quarters, either of which is owned by the state, the assistant
17superintendent or employee may also be furnished with water,
18heat, and electricity. However, the furnishing of these
19utilities shall be considered in determining the fair market
20rental value of the dwelling or quarters.
21 Sec. 366. Section 218.15, Code 2023, is amended to read as
22follows:
23218.15 Salaries — how paid.
24The salaries and wages shall be included in the semimonthly
25payrolls and paid in the same manner as other expenses of the
26several institutions.
27 Sec. 367. Section 218.17, Code 2023, is amended to read as
28follows:
29218.17 Authorized leave.
30Vacations and sick leave with pay as authorized in section
3170A.1 shall only be taken at such times as the superintendent
32or the business manager superintendent’s designee in charge
33of an officer or employee, as the case may be, may direct,
34and only after written authorization by the superintendent or
35business manager the superintendent’s designee, and for the
-253-1number of days specified in the authorization. A copy of the
2authorization shall be attached to the institution’s copy of
3the payroll of the institution, for audit purposes, for the
4period during which the vacation was taken, and the semimonthly
5payroll shall show the number of days the person was absent
6under the authorization.
7 Sec. 368. Section 218.21, Code 2023, is amended to read as
8follows:
9218.21 Record of residents.
10The administrator of the department of human services in
11control of a state institution director shall, as to every
12person committed to any of the institutions, keep the following
13record:
141. Name.
152. Residence.
163. Sex.
174. Age.
185. Nativity.
196. Occupation.
207. Civil condition.
218. Date of entrance or commitment.
229. Date of discharge.
2310. Whether a discharge was final.
2411. Condition of the person when discharged.
2512. The name of the institutions from which and to which
26such person has been transferred.
2713. If dead deceased, the date and cause of the person’s
28death.
29 Sec. 369. Section 218.22, Code 2023, is amended to read as
30follows:
31218.22 Record privileged.
32Except with the consent of the administrator in charge of an
33institution director, or on an order of a court of record, the
34record provided in section 218.21 shall be accessible only to
35the administrator of the division of the department of human
-254-1services in control of such institution, the director of the
2department of human services and to assistants and proper
3clerks authorized by such administrator or the administrator’s
4 the director. The administrator of the division of such
5institution is authorized to director may permit the division
6of library services of the department of education and the
7historical division of the department of cultural affairs to
8copy or reproduce by any photographic, photostatic, microfilm,
9microcard or other process which accurately reproduces a
10durable medium for reproducing the original and to destroy
11in the manner described by law such records of residents
12designated in section 218.21.
13 Sec. 370. Section 218.23, Code 2023, is amended to read as
14follows:
15218.23 Reports to administrator director.
16The superintendent of an institution shall, within ten
17days after the commitment or entrance of a person to the
18institution, cause a true copy of the person’s entrance record
19to be made and forwarded to the administrator in control of
20the institution director or the director’s designee. When a
21patient or resident leaves, or is discharged, or transferred
22from, or dies in an institution, the superintendent or person
23in charge shall within ten days after that date send the
24information to the office of the institution’s administrator
25 director or the director’s designee on forms which the
26administrator director prescribes.
27 Sec. 371. Section 218.24, Code 2023, is amended to read as
28follows:
29218.24 Questionable commitment.
30The superintendent is required to shall immediately
31notify the administrator in control of the superintendent’s
32particular institution director if there is any question as
33to the propriety of the commitment or detention of any person
34received at such an institution, and said administrator the
35director, upon such notification, shall inquire into the matter
-255-1presented, and take such proper action as may be deemed proper
2in the premises.
3 Sec. 372. Section 218.26, Code 2023, is amended to read as
4follows:
5218.26 Religious worship.
6Any such resident, during the time of the resident’s
7detention, shall be allowed, for at least one hour on each
8Sunday weekly and in times of extreme sickness, and at such
9other suitable and reasonable times as is consistent with the
10resident’s religious belief and proper discipline in said
11 the institution, to receive spiritual advice, instruction,
12and ministration from any recognized member of the clergy of
13the church or denomination which represents the resident’s
14religious belief.
15 Sec. 373. Section 218.27, Code 2023, is amended to read as
16follows:
17218.27 Religious belief of minors.
18In case such If a resident is a minor and has formed no
19choice, the minor’s preference may, at any time, be expressed
20by the minor with the approval of parents or guardian, if the
21minor has any such a parent or guardian.
22 Sec. 374. Section 218.28, Code 2023, is amended to read as
23follows:
24218.28 Investigation.
25The administrator of the department of human services in
26control of a particular institution or the administrator’s
27authorized officer or employee director or the director’s
28designee shall visit, and minutely examine, at least once in
29six months, and more often if necessary or required by law,
30the institutions under such administrator’s control, and the
31financial condition and management thereof of the institutions.
32 Sec. 375. Section 218.29, Code 2023, is amended to read as
33follows:
34218.29 Scope of investigation.
35The administrator of the department of human services in
-256-1control of a particular institution or the administrator’s
2authorized officer or employee director or the director’s
3designee shall, during such investigation and as far as
4possible, see every resident of each institution, especially
5those admitted since the director’s or the director’s
6designee’s preceding visit, and shall give such residents as
7may require it, suitable opportunity to converse with such
8administrator or authorized officer or employee the director or
9the director’s designee apart from the officers and attendants.
10 Sec. 376. Section 218.30, Code 2023, is amended to read as
11follows:
12218.30 Investigation of other institutions facilities.
13The administrators to whom control of institutions has been
14assigned, or their authorized officers or employees, director
15 may investigate or cause the investigation of charges of abuse,
16neglect, or mismanagement on the part of an officer or employee
17of a private institution facility which is subject to the
18administrator’s particular director’s supervision or control.
19The administrator who has been assigned to have authority over
20the state mental health institutes, or the administrator’s
21authorized officer or employee, director shall also investigate
22or cause the investigation of charges concerning county care
23facilities in which persons with mental illness are served.
24 Sec. 377. Section 218.31, Code 2023, is amended to read as
25follows:
26218.31 Witnesses.
27In aid of any investigation the administrator shall have
28the power to department may summon and compel the attendance
29of witnesses; to examine the witnesses under oath, which the
30administrator shall have power to director or the director’s
31designee may administer; to have access to all books, papers,
32and property material to such investigation; and to order
33the production of any other books or papers material to the
34investigation. Witnesses other than those in the employ of the
35state shall be entitled to the same fees as in civil cases in
-257-1the district court.
2 Sec. 378. Section 218.32, Code 2023, is amended to read as
3follows:
4218.32 Contempt.
5Any person failing or refusing to obey the orders of the
6administrator department issued under section 218.31, or to
7give or produce evidence when required, shall be reported by
8the administrator department to the district court in the
9county where the offense occurs, and shall be dealt with by the
10court as for contempt of court.
11 Sec. 379. Section 218.33, Code 2023, is amended to read as
12follows:
13218.33 Transcript of testimony.
14The particular administrator involved department shall cause
15the testimony taken at such investigation to be transcribed and
16filed in the administrator’s office at the seat of government
17 with the department within ten days after the same testimony
18 is taken, or as soon thereafter as practicable, and when so
19 filed the same testimony shall be open for the inspection of
20any person.
21 Sec. 380. Section 218.41, Code 2023, is amended to read as
22follows:
23218.41 Custody.
24When a resident of an institution is so working outside the
25institution proper, the resident shall be deemed is at all
26times in the actual custody of the head superintendent of the
27institution.
28 Sec. 381. Section 218.42, Code 2023, is amended to read as
29follows:
30218.42 Wages of residents.
31If a resident performs services for the state at an
32institution listed in section 218.1, the administrator in
33control of the institution department shall pay the resident
34a wage in accordance with federal wage and hour requirements.
35However, the wage amount shall not exceed the amount of the
-258-1prevailing wage paid in the state for a like service or its
2equivalent.
3 Sec. 382. Section 218.43, Code 2023, is amended to read as
4follows:
5218.43 Deduction to pay court costs.
6If wages are paid to a resident pursuant to section
7218.42, the administrator in control of an institution listed
8in section 218.1 department may deduct from the wages an
9amount sufficient to pay all or a part of the costs taxed
10to the resident by reason of the resident’s commitment to
11the institution. In such case the amount so deducted shall
12be forwarded to the clerk of the district court or proper
13official.
14 Sec. 383. Section 218.44, Code 2023, is amended to read as
15follows:
16218.44 Wages paid to dependent — deposits.
17If wages are paid to a resident pursuant to section 218.42,
18the administrator in control of an institution listed in
19section 218.1 department may pay all or any part of the wages
20directly to any dependent of the resident. The administrator
21 department may also deposit the wages to the account of the
22resident, or may so deposit part of the wages and allow the
23resident a portion for the resident’s own personal use, or
24may pay to the county of commitment all or any part of the
25resident’s care, treatment, or subsistence while at said the
26 institution from any credit balance accruing to the account of
27the resident.
28 Sec. 384. Section 218.45, Code 2023, is amended to read as
29follows:
30218.45 Conferences.
31Quarterly conferences of the superintendents of the
32institutions shall be held with the administrator in control
33of the institutions director at Des Moines or at institutions
34under the administrator’s director’s jurisdiction, for the
35consideration of all matters relative to the management of
-259-1the institutions. Full minutes of the conferences shall be
2preserved in the records of the administrator department.
3The administrator in control director may cause papers on
4appropriate subjects to be prepared and read presented at the
5conferences.
6 Sec. 385. Section 218.46, Code 2023, is amended to read as
7follows:
8218.46 Scientific investigation.
91. The administrator who is in charge of an institution
10 director shall encourage the scientific investigation, on
11the part of the superintendent and medical staff of the
12institution, as to the most successful methods of institutional
13management and treating treatment of the persons committed to
14the institution. In addition, the administrator department
15 shall procure and furnish to the superintendent and medical
16staff information relative to such management and treatment
17and, from time to time, publish bulletins and reports of
18scientific and clinical work done in that type of institution.
192. The administrators of such state institutions are
20authorized to department may provide services and facilities
21for the scientific observation, rechecking, and treatment of
22persons with mental illness within the state. Application by,
23or on behalf of, any person for such services and facilities
24shall be made to the administrator in charge of the particular
25institution involved and shall be made director on forms
26furnished by such administrator the department. The time and
27place of admission of any person to outpatient or clinical
28services and facilities for scientific observation, rechecking,
29 and treatment and the use of such services and facilities for
30the benefit of persons who have already been hospitalized
31for psychiatric evaluation and appropriate treatment or
32involuntarily hospitalized as seriously mentally ill shall
33be in accordance with rules and regulations adopted by the
34administrator in control of the particular institution involved
35 department.
-260-1 Sec. 386. Section 218.47, Code 2023, is amended to read as
2follows:
3218.47 Monthly report.
4The superintendent or business manager of each institution
5or the superintendent’s designee shall, on the first day of
6each month, account to the administrator in control of the
7particular institution director or the director’s designee for
8all state funds received during the preceding month, and, at
9the same time, remit the accounting to the treasurer of state.
10 Sec. 387. Section 218.48, Code 2023, is amended to read as
11follows:
12218.48 Annual reports.
13The superintendent or business manager of each institution
14or the superintendent’s designee shall make an annual report
15to the administrator in control of the particular institution
16 director and include in the report a detailed and accurate
17inventory of the stock and supplies on hand, and their amount
18and value, under the following headings:
191. Livestock.
202. Farm produce on hand.
213. Vehicles.
224. Agricultural implements.
235. Machinery.
246. Mechanical fixtures.
257. Real estate.
268. Furniture.
279. Bedding in residents’ department.
2810. State property in superintendent’s department.
2911. Clothing.
3012. Dry goods.
3113. Provisions and groceries.
3214. Drugs and medicine.
3315. Fuel.
3416. Library.
3517. All other state property under appropriate headings
-261-1to be determined by the particular administrator involved
2 director.
3 Sec. 388. Section 218.49, Code 2023, is amended to read as
4follows:
5218.49 Contingent fund.
6The administrator in control of an institution director
7 may permit the superintendent or the business manager of
8each institution or the superintendent’s designee to retain
9a stated amount of funds under the superintendent’s or
10business manager’s superintendent’s designee’s supervision
11as a contingent fund for the payment of freight, postage,
12commodities purchased on authority of the particular
13superintendent or business manager involved on a cash basis,
14salaries, and bills granting discount for cash.
15 Sec. 389. Section 218.50, Code 2023, is amended to read as
16follows:
17218.50 Requisition for contingent fund.
18If necessary, the director of the department of human
19services shall make proper requisition upon the director of
20the department of administrative services for a warrant on the
21state treasurer to secure the said contingent fund for each
22institution.
23 Sec. 390. Section 218.51, Code 2023, is amended to read as
24follows:
25218.51 Monthly reports of contingent fund.
26A monthly report of the status of such the contingent fund
27shall be submitted by the proper officer of said superintendent
28of each institution or the superintendent’s designee to
29the administrator in control of the institution involved
30and such director or the director’s designee in accordance
31with applicable rules as such administrator may establish
32 established by the director.
33 Sec. 391. Section 218.52, Code 2023, is amended to read as
34follows:
35218.52 Supplies — competition.
-262- 1The administrator in control of a state institution
2 department shall, in the purchase of supplies, afford all
3reasonable opportunity for competition, and shall give
4preference to local dealers and Iowa producers when such can be
5done without loss to the state.
6 Sec. 392. Section 218.55, Code 2023, is amended to read as
7follows:
8218.55 Purchase from an institution.
9An administrator The department may purchase supplies of
10any institution under the administrator’s control, for use in
11any other institution under the administrator’s control, and
12reasonable payment for the supplies shall be made as in the
13case of other purchases.
14 Sec. 393. Section 218.56, Code 2023, is amended to read as
15follows:
16218.56 Purchase of supplies — vendor warrants.
171. The administrators department shall, from time to time,
18 adopt and make of record rules and regulations governing the
19purchase of all articles and supplies needed at the various
20institutions under their control and the form and verification
21of vouchers for such purchases.
222. The department of human services shall mail vendor
23warrants for the department of corrections.
24 Sec. 394. Section 218.57, Code 2023, is amended to read as
25follows:
26218.57 Combining appropriations.
27The director of the department of administrative services
28may combine the balances carried in all specific appropriations
29into a special account for each institution under the control
30of a particular administrator, except that the support fund for
31each institution shall be carried as a separate account.
32 Sec. 395. Section 218.58, Code 2023, is amended to read as
33follows:
34218.58 Construction, repair, and improvement projects —
35emergencies.
-263- 1The department shall work with the department of
2administrative services to accomplish the following
3responsibilities:
41. The department shall prepare and submit to the director
5of the department of management, as provided in section
68.23, a multiyear construction program including estimates of
7the expenditure requirements for the construction, repair,
8or improvement of buildings, grounds, or equipment at the
9institutions listed in section 218.1.
102. The director department shall have plans and
11specifications prepared by the department of administrative
12services for authorized construction, repair, or improvement
13projects costing over the competitive bid threshold in section
1426.3, or as established in section 314.1B. An appropriation
15for a project shall not be expended until the department of
16administrative services has adopted plans and specifications
17and has completed a detailed estimate of the cost of the
18project, prepared under the supervision of a licensed architect
19or licensed professional engineer. Plans and specifications
20shall not be adopted and a project shall not proceed if the
21project would require an expenditure of money in excess of the
22appropriation.
233. The department of administrative services shall comply
24with the competitive bid procedures in chapter 26 to let all
25contracts under chapter 8A, subchapter III, for authorized
26construction, repair, or improvement of departmental buildings,
27grounds, or equipment.
284. If the director of the department of human services
29 and the director of the department of administrative services
30determine that emergency repairs or improvements estimated
31to cost more than the competitive bid threshold in section
3226.3, or as established in section 314.1B are necessary to
33assure the continued operation of a departmental institution,
34the requirements of subsections 2 and 3 for preparation
35of plans and specifications and competitive procurement
-264-1procedures are waived. A determination of necessity for
2waiver by the director of the department of human services
3 and the director of the department of administrative services
4shall be in writing and shall be entered in the project
5record for emergency repairs or improvements. Emergency
6repairs or improvements shall be accomplished using plans and
7specifications and competitive quotation or bid procedures, as
8applicable, to the greatest extent possible, considering the
9necessity for rapid completion of the project. A waiver of
10the requirements of subsections 2 and 3 does not authorize an
11expenditure in excess of an amount otherwise authorized for the
12repair or improvement.
135. A claim for payment relating to a project shall be
14itemized on a voucher form pursuant to section 8A.514,
15certified by the claimant and the architect or engineer
16in charge, and audited and approved by the department of
17administrative services. Upon approval by the department of
18administrative services, the director of the department of
19administrative services shall draw a warrant to be paid by the
20treasurer of state from funds appropriated for the project.
21A partial payment made before completion of the project does
22not constitute final acceptance of the work or a waiver of any
23defect in the work.
246. Subject to the prior approval of the administrator
25in control of a departmental institution director or the
26director’s designee, minor projects costing five thousand
27dollars or less may be authorized and completed by the
28executive head superintendent of the institution through the
29use of day labor. A contract is not required if a minor project
30is to be completed with the use of resident labor.
31 Sec. 396. Section 218.64, Code 2023, is amended to read as
32follows:
33218.64 Investigation of death.
341. For the purposes of this section, unless the context
35otherwise requires, “institution” and “resident” mean the same
-265-1as defined in section 218.13.
22. Upon the death of a resident of an institution,
3the county medical examiner shall conduct a preliminary
4investigation of the death as provided in section 331.802. The
5cost of the preliminary investigation shall be paid by the
6department of human services.
7 Sec. 397. Section 218.65, Code 2023, is amended to read as
8follows:
9218.65 Property of deceased resident.
10The superintendent or business manager of each institution
11 department shall, upon the death of any resident or patient,
12immediately take possession of all property of the deceased
13left at the institution, and deliver the property to the duly
14appointed and qualified representative of the deceased.
15 Sec. 398. Section 218.66, Code 2023, is amended to read as
16follows:
17218.66 Property of small value.
18If administration be is not granted within one year from
19the date of the death of the decedent, and the value of the
20estate of the decedent is so small as to make the granting
21of administration inadvisable, then delivery of the money
22and other property left by the decedent may be made to the
23surviving spouse and heirs of the decedent.
24 Sec. 399. Section 218.69, Code 2023, is amended to read as
25follows:
26218.69 Permanent record.
27A complete permanent record of the money transmitted to the
28treasurer of state under section 218.68, showing by whom and
29with whom it the money was left, its the amount, the date of
30the death of the owner, the owner’s reputed place of residence
31before the owner became a resident of the institution, the date
32on which it the money was transmitted to the state treasurer,
33and any other facts which may tend to identify the intestate
34and explain the case, shall be kept by the superintendent
35of the institution or business manager, as the case may be
-266-1 department, and a transcript of the record shall be sent to,
2 and kept by, the treasurer of state.
3 Sec. 400. Section 218.70, Code 2023, is amended to read as
4follows:
5218.70 Payment to party entitled.
6Moneys transmitted to the treasurer of state under section
7218.68 shall be paid, at any time within ten years from the
8death of the intestate, to any person who is shown to be
9entitled thereto to the moneys. Payment shall be made from the
10state treasury out of the support fund of such institution in
11the manner provided for the payment of other claims from that
12fund.
13 Sec. 401. Section 218.72, Code 2023, is amended to read as
14follows:
15218.72 Temporary quarters in emergency.
16In case the buildings at any institution under the control of
17an administrator are destroyed or rendered unfit for habitation
18by reason of fire, storms, or other like causes, to such an
19extent that the residents cannot be housed and cared for, the
20administrator director shall make temporary provision for the
21housing and care of the residents at some other place in the
22state. Like provision may be made in case any pestilence
23breaks out among the residents. The reasonable cost of the
24change, including transfer of residents, shall be paid from any
25moneys in the state treasury not otherwise appropriated.
26 Sec. 402. Section 218.78, Code 2023, is amended to read as
27follows:
28218.78 Institutional receipts deposited.
291. All institutional receipts of the department of human
30services, including funds received from client participation
31at the state resource centers under section 222.78 and at the
32state mental health institutes under section 230.20, shall be
33deposited in the general fund except for reimbursements for
34services provided to another institution or state agency, for
35receipts deposited in the revolving farm fund under section
-267-1904.706, for deposits into the medical assistance fund under
2section 249A.11, and for rentals charged to employees or
3others for room, apartment, or house and meals, which shall be
4available to the institutions.
52. If approved by the director of human services, the
6department may use appropriated funds for the granting of
7educational leave.
8 Sec. 403. Section 218.83, Code 2023, is amended to read as
9follows:
10218.83 Administrative improvement.
11The director of human services and the administrators
12assigned to have authority over the institutions shall
13cooperate with any department or agency of the state government
14in any manner, including the exchange of employees, calculated
15to improve administration of the affairs of the institutions.
16 Sec. 404. Section 218.84, Code 2023, is amended to read as
17follows:
18218.84 Abstracting claims and keeping accounts.
19The director of the department of human services or the
20director’s designee shall have sole charge of abstracting and
21certifying claims for payment and the keeping of a central
22system of accounts in institutions under the director’s
23control.
24 Sec. 405. Section 218.85, Code 2023, is amended to read as
25follows:
26218.85 Uniform system of accounts.
27The director of human services through the administrators in
28control of the institutions department shall install in all the
29institutions the most modern, complete, and uniform system of
30accounts, records, and reports possible. The system shall be
31prescribed by the director of the department of administrative
32services as authorized in section 8A.502, subsection 13, and,
33among other matters, shall clearly show the detailed facts
34relative to the handling and uses of all purchases.
35 Sec. 406. Section 218.86, Code 2023, is amended to read as
-268-1follows:
2218.86 Abstract of claims.
3Vouchers for expenditures other than salaries shall be
4submitted to the director of the department of administrative
5services, who shall prepare in triplicate an abstract of
6claims submitted showing the name of the claimant and the
7institutions and institutional fund on account of which the
8payment is made. The claims and abstracts of claims shall be
9returned to the director of the department of human services
10 where the correctness of the abstracts shall be certified by
11the director. The original abstract shall be delivered to the
12director of the department of administrative services, the
13duplicate to be retained in the office of the director, of the
14department of human services and the triplicate forwarded to
15the proper institution to be retained as a record of claims
16paid.
17 Sec. 407. Section 218.87, Code 2023, is amended to read as
18follows:
19218.87 Warrants issued by director of the department of
20administrative services.
21Upon such certificate the director of the department of
22administrative services shall, if the institution named has
23sufficient funds, issue the director’s warrants upon the state
24treasurer, for the amounts and to the claimants indicated
25thereon on the warrants. The director of the department of
26administrative services shall deliver the warrants thus issued
27to the director of human services department, who will cause
28same the warrants to be transmitted to the payees thereof of
29the warrants.
30 Sec. 408. Section 218.88, Code 2023, is amended to read as
31follows:
32218.88 Institutional payrolls.
33At the close of each pay period, the superintendent or
34business manager of each institution shall prepare and forward
35to the director of human services or the director’s designee a
-269-1semimonthly payroll which shall show the name of each officer
2and employee, the semimonthly pay, time paid for, the amount of
3pay, and any deductions. A substitute shall not be permitted
4to receive compensation in the name of the employee for whom
5the substitute is acting.
6 Sec. 409. Section 218.92, Code 2023, is amended to read as
7follows:
8218.92 Patients Residents with dangerous mental disturbances.
9When a patient in a state resource center for persons with
10an intellectual disability, a state mental health institute,
11or another resident of an institution under the administration
12of the department of human services has become so mentally
13disturbed as to constitute a danger to self, to other patients
14 residents or staff of the institution, or to the public,
15and the institution cannot provide adequate security, the
16administrator in charge of the institution director or the
17director’s designee, with the consent of the director of the
18Iowa department of corrections, may order the patient resident
19 to be transferred to the Iowa medical and classification
20center, if the superintendent of the institution from which
21the patient resident is to be transferred, with the support
22of a majority of the medical staff, recommends the transfer
23in the interest of the patient resident, other patients
24 residents, or the public. If the patient resident transferred
25was hospitalized pursuant to sections 229.6 through 229.15,
26the transfer shall be promptly reported to the court that
27ordered the hospitalization of the patient resident, as
28required by section 229.15, subsection 5. The Iowa medical
29and classification center has the same rights, duties, and
30responsibilities with respect to the patient resident as the
31institution from which the patient resident was transferred
32had while the patient was hospitalized in the institution.
33The cost of the transfer shall be paid from the funds of the
34institution from which the transfer is made.
35 Sec. 410. Section 218.93, Code 2023, is amended to read as
-270-1follows:
2218.93 Consultants for director or administrators department.
3The director of human services or the administrators in
4control of the institutions are authorized to department
5may secure the services of consultants to furnish advice on
6administrative, professional, or technical problems to the
7director or the administrators, their department employees,
8or employees of institutions under their jurisdiction or to
9provide in-service training and instruction for the employees.
10The director and administrators are authorized to department
11may pay the consultants at a rate to be determined by them the
12department from funds under their the department’s control
13or from any institutional funding under their the director’s
14 jurisdiction as the director or administrator may determine.
15 Sec. 411. Section 218.94, Code 2023, is amended to read as
16follows:
17218.94 Director may buy and sell real estate — options.
181. The director of the department of human services
19shall have full power to may secure options to purchase real
20estate, to acquire and sell real estate, and to grant utility
21easements, for the proper uses of said the institutions.
22Real estate shall be acquired and sold and utility easements
23granted, upon such terms and conditions as the director may
24determine. Upon sale of the real estate, the proceeds shall
25be deposited with the treasurer of state and credited to the
26general fund of the state. There is hereby appropriated from
27the general fund of the state a sum equal to the proceeds so
28 deposited and credited to the general fund of the state to the
29department of human services, which may be used to purchase
30other real estate or for capital improvements upon property
31under the director’s control.
322. The costs incident to securing of options, acquisition
33and sale of real estate and granting of utility easements,
34including but not limited to appraisals, invitations for
35offers, abstracts, and other necessary costs, may be paid
-271-1from moneys appropriated for support and maintenance to the
2institution at which such the real estate is located. Such
3fund costs shall be reimbursed from the proceeds of the sale.
4 Sec. 412. Section 218.95, Code 2023, is amended to read as
5follows:
6218.95 Synonymous terms.
71. For purposes of construing the provisions of this and
8the following subtitles of this title and chapters 904, 913,
9and 914 relating to persons with mental illness and reconciling
10these provisions with other former and present provisions of
11statute, the following terms shall be considered synonymous:
12a. “Mentally ill” and “insane”, except that the
13hospitalization or detention of any person for treatment
14of mental illness shall not constitute a finding or create
15a presumption that the individual is legally insane in the
16absence of a finding of incompetence made pursuant to section
17229.27.
18b. “Parole” and “convalescent leave”.
19c. “Resident” and “patient”.
20d. “Escape” and “depart without proper authorization”.
21e. “Warrant” and “order of admission”.
22f. “Escapee” and “patient”.
23g. “Sane” and “in good mental health”.
24h. “Commitment” and “admission”.
252. It is hereby declared to be the policy of the general
26assembly that words which have come to have a degrading meaning
27shall not be employed in institutional records having reference
28to persons with various mental conditions and that in all
29records pertaining to persons with various mental conditions
30the less discriminatory of the foregoing synonyms shall be
31employed.
32 Sec. 413. Section 218.96, Code 2023, is amended to read as
33follows:
34218.96 Gifts, grants, and devises, and bequests.
35The director of the department of human services is
-272-1authorized to may accept gifts, grants, devises, or bequests of
2real or personal property from the federal government or any
3source. The director may exercise such powers with reference
4to the property so accepted as may be deemed essential to its
5 the property’s preservation and the purposes for which given,
6granted, devised, or bequeathed.
7 Sec. 414. Section 218.98, Code 2023, is amended to read as
8follows:
9218.98 Canteen maintained.
10The administrators in control of the institutions may
11maintain a A canteen may be maintained at any institution
12under their jurisdiction and control for the sale to persons
13residing in the institution of items including but not limited
14to toilet articles, candy, tobacco products, notions, and other
15sundries, and may provide the necessary facilities, equipment,
16personnel, and merchandise for such sale may be provided. The
17administrators department shall specify what commodities will
18be sold in the canteen. The department may establish and
19maintain a permanent operating fund for each canteen. The fund
20shall consist of the receipts from the sale of commodities at
21the canteen.
22 Sec. 415. Section 218.99, Code 2023, is amended to read as
23follows:
24218.99 Counties to be notified of patients’ personal
25accounts.
26The administrator in control of a state institution shall
27direct the business manager superintendent of each institution
28under the administrator’s jurisdiction which is mentioned
29 facility specified in section 331.424, subsection 1, paragraph
30“a”, subparagraphs (1) and (2), and for which services are paid
31by the county of residence or a mental health and disability
32services region, to shall quarterly inform the county of
33residence of any patient or resident person committed or
34admitted to the facility who has an amount in excess of two
35hundred dollars on account in the patients’ person’s personal
-273-1deposit fund and the amount on deposit. The administrators
2shall direct the business manager to superintendent shall
3 further notify the county of residence at least fifteen days
4before the release of funds in excess of two hundred dollars
5or upon the death of the patient or resident person. If the
6patient or resident person has no residency in this state or
7the person’s residency is unknown, notice shall be made to the
8director of human services and the administrator in control of
9the institution involved department.
10 Sec. 416. Section 218.100, Code 2023, is amended to read as
11follows:
12218.100 Central warehouse and supply depot.
13The department of human services shall establish a fund for
14maintaining and operating a central warehouse as a supply depot
15and distribution facility for surplus government products,
16carload canned goods, paper products, other staples, and such
17other items as determined by the department. The fund shall be
18permanent and shall be composed of the receipts from the sales
19of merchandise, recovery of handling, operating and delivery
20charges of such merchandise, and from the funds contributed by
21the institutions now in a contingent fund being used for this
22purpose. All claims for purchases of merchandise, operating,
23and salary expenses shall be subject to the provisions of
24sections 218.86, 218.87, and 218.88.
25 Sec. 417. Section 221.2, Code 2023, is amended to read as
26follows:
27221.2 Administrator Compact administrator.
28Pursuant to the compact, the administrator of the division
29of mental health and disability services The director of
30the department of health and human services shall be the
31 designate a compact administrator. The compact administrator
32may cooperate with all departments, agencies, and officers of
33this state and its subdivisions in facilitating the proper
34administration of the compact and of any supplementary
35agreement entered into by this state under the compact.
-274-1 Sec. 418. Section 221.4, Code 2023, is amended to read as
2follows:
3221.4 Payments.
4The compact administrator, subject to the approval of the
5director of the department of human services, may make or
6arrange for any payments necessary to discharge any financial
7obligations imposed upon this state by the compact or by any
8supplementary agreement entered into thereunder under the
9compact.
10 Sec. 419. Section 222.1, subsection 2, Code 2023, is amended
11to read as follows:
122. The Glenwood state resource center and the Woodward
13state resource center are established and shall be maintained
14as the state’s regional resource centers for the purpose of
15providing treatment, training, instruction, care, habilitation,
16and support of persons with an intellectual disability or other
17disabilities in this state, and providing facilities, services,
18and other support to the communities located in the region
19being served by a state resource center. In addition, the
20state resource centers are encouraged to serve as a training
21resource for community-based program staff, medical students,
22and other participants in professional education programs. A
23resource center may request the approval of the council on
24human services to change the name of the resource center for
25use in communication with the public, in signage, and in other
26forms of communication.
27 Sec. 420. Section 222.2, Code 2023, is amended to read as
28follows:
29222.2 Definitions.
30When used in this chapter, unless the context otherwise
31requires:
321. “Administrator” means the person assigned by the director
33of human services, in accordance with section 218.1, to control
34the state resource centers.
352. 1. “Auditor” means the county auditor or the auditor’s
-275-1designee.
22. “Council” means the council on health and human services.
33. “Department” means the department of health and human
4services.
54. “Director” means the director of health and human
6services.
74. 5. “Intellectual disability” means the same as defined
8in section 4.1.
95. 6. “Mental health and disability services region” means
10a mental health and disability services region formed in
11accordance with section 331.389.
126. 7. “Regional administrator” means the regional
13administrator of a mental health and disability services
14region, as defined in section 331.388.
157. 8. “Special unit” means a special intellectual
16disability unit established at a state mental health institute
17pursuant to sections 222.88 through 222.91.
188. 9. “State resource centers” or “resource centers” means
19the Glenwood state resource center and the Woodward state
20resource center.
219. 10. “Superintendents” means the superintendents of the
22state resource centers.
23 Sec. 421. Section 222.3, Code 2023, is amended to read as
24follows:
25222.3 Superintendents.
26The administrator director shall appoint a qualified
27superintendent for each of the resource centers who shall
28receive such salary as the administrator director shall
29determine.
30 Sec. 422. Section 222.4, Code 2023, is amended to read as
31follows:
32222.4 Duties of superintendents.
33The superintendents shall:
341. Perform all duties required by law and by the
35administrator director not inconsistent with law.
-276- 12. Oversee and insure individual treatment and professional
2care of each patient in the resource centers.
33. Maintain a full and complete record of the condition of
4each patient in the resource centers.
54. Have custody, control, and management of all patients in
6such manner as deemed best subject to the regulations of the
7administrator department.
8 Sec. 423. Section 222.5, Code 2023, is amended to read as
9follows:
10222.5 Preadmission diagnostic evaluation.
11No A person shall not be eligible for admission to a resource
12center or a special unit until a preadmission diagnostic
13evaluation has been made by a resource center or a special unit
14which confirms or establishes the need for admission.
15 Sec. 424. Section 222.7, Code 2023, is amended to read as
16follows:
17222.7 Transfers.
18The administrator department may transfer patients from one
19state resource center to the other and may at any time transfer
20patients from the resource centers to the hospitals for persons
21with mental illness, or transfer patients in the resource
22centers to a special unit or vice versa. The administrator
23 department may also transfer patients from a hospital for
24persons with mental illness to a resource center if consent is
25given or obtained as follows:
261. In the case of a patient who entered the hospital for
27persons with mental illness voluntarily, consent is given in
28advance by the patient or, if the patient is a minor or is
29incompetent, the person responsible for the patient.
302. In the case of a patient hospitalized pursuant to
31sections 229.6 through 229.15, the consent of the court which
32hospitalized the patient is obtained in advance, rather than
33afterward as otherwise permitted by section 229.15, subsection
344.
35 Sec. 425. Section 222.8, Code 2023, is amended to read as
-277-1follows:
2222.8 Communications by patients.
3Persons admitted to the resource centers or a special
4unit shall have all reasonable opportunity and facility for
5communication with their friends. Such persons shall be
6permitted to write and send letters, provided the letters
7contain nothing of an offensive character. Letters written by
8any patient to the administrator director or to any state or
9county official shall be forwarded unopened.
10 Sec. 426. Section 222.10, Code 2023, is amended to read as
11follows:
12222.10 Duty of peace officer.
13When any person with an intellectual disability departs
14without proper authority from an institution a facility in
15another state and is found in this state, any peace officer in
16any county in which such patient is found may take and detain
17the patient without warrant or order and shall report such
18detention to the administrator department. The administrator
19 department shall provide for the return of the patient to the
20authorities in the state from which the unauthorized departure
21was made. Pending return, such patient may be detained
22temporarily at one of the institutions of this state governed
23by the administrator or by the administrator of the division of
24child and family services of the department of human services
25 department. The provisions of this section relating to the
26administrator department shall also apply to the return of
27other nonresident persons with an intellectual disability
28having legal residency outside the state of Iowa.
29 Sec. 427. Section 222.11, Code 2023, is amended to read as
30follows:
31222.11 Expense.
32All actual and necessary expenses incurred in the taking
33into protective custody, restraint, and transportation of such
34patients to the resource centers shall be paid on itemized
35vouchers, sworn to by the claimants, and approved by the
-278-1superintendent and the administrator director from any moneys
2in the state treasury not otherwise appropriated.
3 Sec. 428. Section 222.13, subsection 2, Code 2023, is
4amended to read as follows:
52. If the resource center does not have an appropriate
6program for the treatment of an adult or minor person with an
7intellectual disability applying under this section or section
8222.13A, the regional administrator for the person’s county of
9residence or the department, as applicable, shall arrange for
10the placement of the person in any public or private facility
11within or without the state, approved by the director of human
12services, which offers appropriate services for the person.
13 If the expenses of the placement are payable in whole or in
14part by a county, the placement shall be made by the regional
15administrator for the county.
16 Sec. 429. Section 222.13A, subsection 1, Code 2023, is
17amended to read as follows:
181. If a minor is believed to be a person with an
19intellectual disability, the minor’s parent, guardian, or
20custodian may apply to the department for admission of the
21minor as a voluntary patient in a state resource center. If
22the resource center does not have appropriate services for the
23minor’s treatment, the department may arrange for the admission
24of the minor in a public or private facility within or without
25the state, approved by the director of human services, which
26offers appropriate services for the minor’s treatment.
27 Sec. 430. Section 222.60, subsection 1, unnumbered
28paragraph 1, Code 2023, is amended to read as follows:
29All necessary and legal expenses for the cost of admission or
30for the treatment, training, instruction, care, habilitation,
31support, and transportation of persons with an intellectual
32disability, as provided for in the applicable regional service
33system management plan implemented pursuant to section 331.393
34in a state resource center, or in a special unit, or any public
35or private facility within or without the state, approved by
-279-1the director of human services, shall be paid by either:
2 Sec. 431. Section 222.64, Code 2023, is amended to read as
3follows:
4222.64 Foreign state or country or unknown residency.
5If the residency of the person is determined by a regional
6administrator on behalf of a county or by the state to be in
7a foreign state or country or is determined to be unknown,
8the regional administrator or the state shall certify the
9determination. The certification shall be accompanied by a
10copy of the evidence supporting the determination. The care of
11the person shall be as arranged by the regional administrator
12or the state. Application for admission may be made pending
13investigation by the administrator department.
14 Sec. 432. Section 222.65, Code 2023, is amended to read as
15follows:
16222.65 Investigation.
17If an application is made for placement of a person in
18a state resource center or special unit, the department’s
19administrator department shall immediately investigate the
20residency of the person and proceed as follows:
211. If the administrator department concurs with a certified
22determination as to residency of the person in another state
23or in a foreign country, or the person’s residence is unknown
24under section 222.60, the administrator department shall cause
25the person either to be transferred to a resource center or
26a special unit or to be transferred to the place of foreign
27residency.
282. If the administrator department disputes a certified
29determination of residency, the administrator department shall
30order the person transferred to a state resource center or a
31special unit until the dispute is resolved.
323. If the administrator department disputes a certified
33determination of residency, the administrator department shall
34utilize the procedure provided in section 331.394 to resolve
35the dispute. A determination of the person’s residency status
-280-1made pursuant to section 331.394 is conclusive.
2 Sec. 433. Section 222.66, Code 2023, is amended to read as
3follows:
4222.66 Transfers — no residency in state or residency
5unknown — expenses.
6The transfer to a resource center or a special unit or to the
7place of residency of a person with an intellectual disability
8who has no residence in this state or whose residency is
9unknown, shall be made in accordance with such directions as
10shall be prescribed by the administrator director and when
11practicable by employees of the state resource center or the
12special unit. The actual and necessary expenses of such
13transfers shall be paid by the department on itemized vouchers
14sworn to by the claimants and approved by the administrator
15 director and the approved amount is appropriated to the
16department from any funds in the state treasury not otherwise
17appropriated.
18 Sec. 434. Section 222.67, Code 2023, is amended to read as
19follows:
20222.67 Charge on finding of residency.
21If a person has been received into a resource center or a
22special unit as a patient whose residency is unknown and the
23administrator director determines that the residency of the
24patient was at the time of admission in a county of this state,
25the administrator director shall certify the determination and
26charge all legal costs and expenses pertaining to the admission
27and support of the patient to the county of residence. The
28certification shall be sent to the county of residence. The
29certification shall be accompanied by a copy of the evidence
30supporting the determination. If the person’s residency status
31has been determined in accordance with section 331.394, the
32legal costs and expenses shall be charged to the county in
33accordance with that determination. The costs and expenses
34shall be collected as provided by law in other cases.
35 Sec. 435. Section 222.69, Code 2023, is amended to read as
-281-1follows:
2222.69 Payment by state.
3The amount necessary to pay the necessary and legal expenses
4of admission of a person to a resource center or a special unit
5when the person’s residence is outside this state or is unknown
6is appropriated to the department from any moneys in the state
7treasury not otherwise appropriated. Such payments shall be
8made by the department on itemized vouchers executed by the
9auditor of the county from which the expenses have been paid
10and approved by the administrator director or the director’s
11designee.
12 Sec. 436. Section 222.73, subsection 5, Code 2023, is
13amended to read as follows:
145. A superintendent of a resource center or special unit
15may request that the director of human services enter into a
16contract with a person for the resource center or special unit
17to provide consultation or treatment services or for fulfilling
18other purposes which are consistent with the purposes stated in
19section 222.1. The contract provisions shall include charges
20which reflect the actual cost of providing the services. Any
21income from a contract authorized under this subsection may
22be retained by the resource center or special unit to defray
23the costs of providing the services or fulfilling the other
24purposes. Except for a contract voluntarily entered into by a
25county under this subsection, the costs or income associated
26with a contract authorized under this subsection shall not
27be considered in computing charges and per diem costs in
28accordance with the provisions of subsections 1 through 4.
29 Sec. 437. Section 222.78, Code 2023, is amended to read as
30follows:
31222.78 Parents and others liable for support.
321. The father and mother of any patient admitted to a
33resource center or to a special unit, as either an inpatient
34or an outpatient, and any person, firm, or corporation bound
35by contract made for support of the patient are liable for the
-282-1support of the patient. The patient and those legally bound
2for the support of the patient shall be liable to the county or
3state, as applicable, for all sums advanced in accordance with
4the provisions of sections 222.60 and 222.77.
52. The liability of any person, other than the patient,
6who is legally bound for the support of a patient who is
7under eighteen years of age in a resource center or a special
8unit shall not exceed the average minimum cost of the care
9of a normally intelligent minor without a an intellectual
10 disability of the same age and sex as the minor patient. The
11administrator department shall establish the scale for this
12purpose but the scale shall not exceed the standards for
13personal allowances established by the state division under
14the family investment program. The father or mother shall
15incur liability only during any period when the father or
16mother either individually or jointly receive a net income
17from whatever source, commensurate with that upon which they
18would be liable to make an income tax payment to this state.
19The father or mother of a patient shall not be liable for the
20support of the patient upon the patient attaining eighteen
21years of age. Nothing in this section shall be construed to
22prevent a relative or other person from voluntarily paying the
23full actual cost as established by the administrator department
24 for caring for the patient with an intellectual disability.
25 Sec. 438. Section 222.84, Code 2023, is amended to read as
26follows:
27222.84 Patients’ personal deposit fund.
28There is hereby established at each resource center and
29special unit a fund which shall be known as the “patients’
30personal deposit fund”; provided that in. In the case of
31a special unit, the director may direct that the patients’
32personal deposit fund be maintained and administered as a part
33of the fund established, pursuant to sections 226.43 through
34226.46, by the state mental health institute where the special
35unit is located.
-283-1 Sec. 439. Section 222.86, Code 2023, is amended to read as
2follows:
3222.86 Payment for care from fund.
4If a patient is not receiving medical assistance under
5chapter 249A and the amount in the account of any patient
6in the patients’ personal deposit fund exceeds two hundred
7dollars, the business manager of the resource center or special
8unit department may apply any amount of the excess to reimburse
9the county of residence or the state for liability incurred by
10the county or the state for the payment of care, support, and
11maintenance of the patient, when billed by the county or state,
12as applicable.
13 Sec. 440. Section 222.87, Code 2023, is amended to read as
14follows:
15222.87 Deposit in bank.
16The business manager department shall deposit the patients’
17personal deposit fund in a commercial account of a bank of
18reputable standing. When deposits in the commercial account
19exceed average monthly withdrawals, the business manager
20 department may deposit the excess at interest. The savings
21account shall be in the name of the patients’ personal deposit
22fund and interest paid thereon on the account may be used for
23recreational purposes for the patients at the resource center
24or special unit.
25 Sec. 441. Section 222.88, Code 2023, is amended to read as
26follows:
27222.88 Special intellectual disability unit.
28The director of human services may organize and establish a
29special intellectual disability unit at an existing institution
30which may provide:
311. Psychiatric and related services to children with an
32intellectual disability and adults who are also emotionally
33disturbed with an emotional disturbance or otherwise mentally
34ill a mental illness.
352. Specific programs to meet the needs of such other special
-284-1categories of persons with an intellectual disability as may
2be designated by the director.
33. Appropriate diagnostic evaluation services.
4 Sec. 442. Section 225.1, subsection 2, Code 2023, is amended
5by adding the following new paragraph:
6 NEW PARAGRAPH. c. “Respondent” means the same as defined
7in section 229.1.
8 Sec. 443. Section 225.5, Code 2023, is amended to read as
9follows:
10225.5 Cooperation of hospitals.
11The medical director of the state psychiatric hospital
12shall seek to bring about systematic cooperation between the
13several state hospitals for persons with mental illness health
14institutes and the state psychiatric hospital.
15 Sec. 444. Section 225.26, Code 2023, is amended to read as
16follows:
17225.26 Private patients — disposition of funds.
18All moneys collected from private patients shall be used for
19the support of the said state psychiatric hospital.
20 Sec. 445. Section 225.28, Code 2023, is amended to read as
21follows:
22225.28 Appropriation.
23The state shall pay to the state psychiatric hospital, out of
24any moneys in the state treasury not otherwise appropriated,
25all expenses for the administration of the hospital, and for
26the care, treatment, and maintenance of committed and voluntary
27public patients therein in the state psychiatric hospital,
28including their clothing and all other expenses of the hospital
29for the public patients. The bills for the expenses shall be
30rendered monthly in accordance with rules agreed upon by the
31director of the department of administrative services and the
32state board of regents.
33 Sec. 446. Section 225.33, Code 2023, is amended to read as
34follows:
35225.33 Death of patient — disposal of body.
-285- 1In the event that a When a committed public patient or
2a voluntary public patient or a committed private patient
3should die dies while at the state psychiatric hospital or
4at the university hospital, the state psychiatric hospital
5shall have the body prepared for shipment in accordance with
6the rules prescribed by the state board of health council on
7health and human services for shipping such bodies; and it
8shall be. It is the duty of the state board of regents to make
9arrangements for the embalming and such other preparation as
10may be necessary to comply with the rules and for the purchase
11of suitable caskets.
12 Sec. 447. Section 225.35, Code 2023, is amended to read as
13follows:
14225.35 Expense collected.
15In the event that the said When a person is a committed
16private patient, it shall be is the duty of the county
17auditor of the proper county to proceed to collect all of such
18expenses, in accordance with the provisions of sections 225.23
19and 225.24.
20 Sec. 448. Section 225C.2, Code 2023, is amended to read as
21follows:
22225C.2 Definitions.
23As used in this chapter:
241. “Administrator” means the administrator of the division.
252. 1. “Child” or “children” means a person or persons under
26eighteen years of age.
273. 2. “Children’s behavioral health services” means services
28for children with a serious emotional disturbance.
294. 3. “Children’s behavioral health system” or “children’s
30system” means the behavioral health service system for children
31implemented pursuant to this subchapter.
325. 4. “Commission” means the mental health and disability
33services commission.
345. “Council” means the council on health and human services.
356. “Department” means the department of health and human
-286-1services.
27. “Director” means the director of health and human
3services.
48. “Disability services” means services and other support
5available to a person with mental illness, an intellectual
6disability or other developmental disability, or brain injury.
79. “Division” means the division of mental health and
8disability services of the department.
910. 9. “Mental health and disability services region”
10means a mental health and disability services region formed in
11accordance with section 331.389.
1211. 10. “Mental health and disability services regional
13service system” means the mental health and disability service
14system for a mental health and disability services region.
1512. 11. “Regional administrator” means the same as defined
16in section 331.388.
1713. 12. “Serious emotional disturbance” means a diagnosable
18mental, behavioral, or emotional disorder of sufficient
19duration to meet diagnostic criteria specified within the most
20current diagnostic and statistical manual of mental disorders
21published by the American psychiatric association that results
22in a functional impairment. “Serious emotional disturbance”
23does not include substance use or developmental disorders
24unless those disorders co-occur with such a diagnosable mental,
25behavioral, or emotional disorder.
2614. 13. “State board” means the children’s behavioral
27health system state board created in section 225C.51.
28 Sec. 449. Section 225C.3, Code 2023, is amended to read as
29follows:
30225C.3 Division of mental health and disability services
31 Department — state mental health authority.
321. The division department is designated the state mental
33health authority as defined in 42 U.S.C. §201(m) (1976) for
34the purpose of directing the benefits of the National Mental
35Health Act, 42 U.S.C. §201 et seq. This designation does
-287-1not preclude the state board of regents from authorizing or
2directing any institution under its jurisdiction to carry out
3educational, prevention, and research activities in the areas
4of mental health and intellectual disability. The division
5 department may contract with the state board of regents or any
6institution under the board’s jurisdiction to perform any of
7these functions.
82. The division department is designated the state
9developmental disabilities agency for the purpose of directing
10the benefits of the federal Developmental Disabilities
11Assistance and Bill of Rights Act, 42 U.S.C. §15001 et seq.
123. The division is administered by the administrator. The
13administrator of the division shall be qualified in the general
14field of mental health, intellectual disability, or other
15disability services, and preferably in more than one field.
16The administrator shall have at least five years of experience
17as an administrator in one or more of these fields.
18 Sec. 450. Section 225C.4, Code 2023, is amended to read as
19follows:
20225C.4 Administrator’s Department duties.
211. To the extent funding is available, the administrator
22 department shall perform the following duties:
23a. Prepare and administer the comprehensive mental health
24and disability services plan as provided in section 225C.6B,
25including state mental health and intellectual disability
26plans for the provision of disability services within the
27state and the state developmental disabilities plan. The
28administrator department shall take into account any related
29planning activities implemented by the Iowa department of
30public health, the state board of regents or a body designated
31by the board for that purpose, the department of management
32or a body designated by the director of the department for
33that purpose, the department of education, the department of
34workforce development and any other appropriate governmental
35body, in order to facilitate coordination of disability
-288-1services provided in this state. The state mental health and
2intellectual disability plans shall be consistent with the
3state health plan, and shall take into account mental health
4and disability services regional service system management
5plans.
6b. Assist mental health and disability services region
7governing boards and regional administrators in planning for
8community-based disability services.
9c. Assist the state board in planning for community-based
10children’s behavioral health services.
11d. Emphasize the provision of evidence-based outpatient and
12community support services by community mental health centers
13and local intellectual disability providers as a preferable
14alternative to acute inpatient services and services provided
15in large institutional settings.
16e. Encourage and facilitate coordination of mental health
17and disability services with the objective of developing
18and maintaining in the state a mental health and disability
19service delivery system to provide services to all persons
20in this state who need the services, regardless of the place
21of residence or economic circumstances of those persons.
22The administrator department shall work with the commission
23and other state agencies, including but not limited to the
24departments of corrections, and education, and public health
25and the state board of regents, to develop and implement a
26strategic plan to expand access to qualified mental health
27workers across the state.
28f. Encourage and facilitate applied research and preventive
29educational activities related to causes and appropriate
30treatment for disabilities. The administrator department may
31designate, or enter into agreements with, private or public
32agencies to carry out this function.
33g. Coordinate community-based services with those of the
34state mental health institutes and state resource centers.
35h. Administer state programs regarding the care, treatment,
-289-1and supervision of persons with mental illness or an
2intellectual disability, except the programs administered by
3the state board of regents.
4i. Administer and distribute state appropriations in
5connection with the mental health and disability services
6regional service fund established by section 225C.7A.
7j. Act as compact administrator with power to effectuate the
8purposes of interstate compacts on mental health.
9k. Establish and maintain a data collection and management
10information system oriented to the needs of patients,
11providers, the department, and other programs or facilities in
12accordance with section 225C.6A. The system shall be used to
13identify, collect, and analyze service outcome and performance
14measures data in order to assess the effects of the services
15on the persons utilizing the services. The administrator
16 department shall annually submit to the commission information
17collected by the department indicating the changes and trends
18in the mental health and disability services system. The
19administrator department shall make the outcome data available
20to the public.
21l. Encourage and facilitate coordination of children’s
22behavioral health services with the objective of developing
23and maintaining in the state a children’s behavioral health
24system to provide behavioral health services to all children
25in this state who need the services, regardless of the place
26of residence or economic circumstances of those children.
27The administrator department shall work with the state board
28and other state agencies including but not limited to the
29department of education and the department of public health
30 to develop and implement a strategic plan to expand access to
31qualified mental health workers across the state.
32m. Establish and maintain a data collection and management
33information system oriented to the needs of children utilizing
34the children’s behavioral health system, providers, the
35department, and other programs or facilities in accordance
-290-1with section 225C.6A. The system shall be used to identify,
2collect, and analyze service outcome and performance measures
3data in order to assess the effects of the services on the
4children utilizing the services. The administrator department
5 shall annually submit to the state board information collected
6by the department indicating the changes and trends in the
7children’s behavioral health system. The administrator
8 department shall make the outcome data available to the public.
9n. Prepare a division budget and reports of the division’s
10 department’s activities.
11o. Establish suitable agreements with other state
12agencies to encourage appropriate care and to facilitate the
13coordination of disability services.
14p. Provide consultation and technical assistance to
15patients’ advocates appointed pursuant to section 229.19,
16in cooperation with the judicial branch and the certified
17volunteer long-term care ombudsmen certified pursuant to
18section 231.45.
19q. Provide technical assistance to agencies and
20organizations, to aid them in meeting standards which are
21established, or with which compliance is required, under
22statutes administered by the administrator department,
23including but not limited to chapters 227 and 230A.
24r. Recommend to the commission minimum accreditation
25standards for the maintenance and operation of community mental
26health centers, services, and programs under section 230A.110.
27The administrator’s department’s review and evaluation of the
28centers, services, and programs for compliance with the adopted
29standards shall be as provided in section 230A.111.
30s. Recommend to the commission minimum standards for
31supported community living services. The administrator
32 department shall review and evaluate the services for
33compliance with the adopted standards.
34t. In cooperation with the department of inspections and
35appeals, recommend minimum standards under section 227.4 for
-291-1the care of and services to persons with mental illness or an
2intellectual disability residing in county care facilities.
3The administrator department shall also cooperate with the
4department of inspections and appeals in recommending minimum
5standards for care of and services provided to persons with
6mental illness or an intellectual disability living in a
7residential care facility regulated under chapter 135C.
8u. In cooperation with the Iowa department of public health,
9recommend Recommend minimum standards for the maintenance and
10operation of public or private facilities offering disability
11services, which are not subject to licensure by the department
12or the department of inspections and appeals.
13v. Provide technical assistance concerning disability
14services and funding to mental health and disability services
15region governing boards and regional administrators.
16w. Coordinate with the mental health planning and advisory
17council created pursuant to 42 U.S.C. §300x-3 to ensure the
18council membership includes representation by a military
19veteran who is knowledgeable concerning the behavioral and
20mental health issues of veterans.
21x. Enter into performance-based contracts with
22regional administrators as described in section 331.390.
23A performance-based contract shall require a regional
24administrator to fulfill the statutory and regulatory
25requirements of the regional service system under this chapter
26and chapter 331. A failure to fulfill the requirements may be
27addressed by remedies specified in the contract, including but
28not limited to suspension of contract payments or cancellation
29of the contract. The contract provisions may include but are
30not limited to requirements for the regional service system
31to attain outcomes within a specified range of acceptable
32performance in any of the following categories:
33(1) Access standards for the required core services.
34(2) Penetration rates for serving the number of persons
35expected to be served.
-292- 1(3) Utilization rates for inpatient and residential
2treatment.
3(4) Readmission rates for inpatient and residential
4treatment.
5(5) Employment of the persons receiving services.
6(6) Administrative costs.
7(7) Data reporting.
8(8) Timely and accurate claims processing.
9(9) School attendance.
10y. Provide information through the internet concerning
11waiting lists for services implemented by mental health and
12disability services regions.
132. The administrator department may:
14a. Apply for, receive, and administer federal aids, grants,
15and gifts for purposes relating to disability services or
16programs.
17b. Establish and supervise suitable standards of care,
18treatment, and supervision for persons with disabilities in
19all institutions under the control of the director of human
20services.
21c. Appoint professional consultants to furnish advice on
22any matters pertaining to disability services. The consultants
23shall be paid as provided by an appropriation of the general
24assembly.
25d. Administer a public housing unit within a bureau of
26the division program to apply for, receive, and administer
27federal assistance, grants, and other public or private funds
28for purposes related to providing housing in accordance with
29section 225C.45.
30 Sec. 451. Section 225C.5, subsection 1, paragraph j, Code
312023, is amended to read as follows:
32j. One member shall be an active board member of an agency
33serving persons with a substance abuse problem use disorder
34 selected from nominees submitted by the Iowa behavioral health
35association.
-293-1 Sec. 452. Section 225C.6, Code 2023, is amended to read as
2follows:
3225C.6 Duties of commission.
41. To the extent funding is available, the commission shall
5perform the following duties:
6a. Advise the administrator department on the administration
7of the overall state disability services system.
8b. Pursuant to recommendations made for this purpose by
9the administrator director, adopt necessary rules pursuant to
10chapter 17A which relate to disability programs and services,
11including but not limited to definitions of each disability
12included within the term “disability services” as necessary for
13purposes of state, county, and regional planning, programs, and
14services.
15c. Adopt standards for community mental health centers,
16services, and programs as recommended under section 230A.110.
17The administrator department shall determine whether to grant,
18deny, or revoke the accreditation of the centers, services, and
19programs.
20d. Adopt standards for the provision under the medical
21assistance program of individual case management services.
22e. Unless another governmental body sets standards for a
23service available to persons with disabilities, adopt state
24standards for that service. The commission shall review the
25licensing standards used by the department of human services
26 or department of inspections and appeals for those facilities
27providing disability services.
28f. Assure that proper reconsideration and appeal procedures
29are available to persons aggrieved by decisions, actions, or
30circumstances relating to accreditation.
31g. Adopt necessary rules for awarding grants from the state
32and federal government as well as other moneys that become
33available to the division department for grant purposes.
34h. Annually submit to the governor and the general assembly:
35(1) A report concerning the activities of the commission.
-294- 1(2) Recommendations formulated by the commission for
2changes in law.
3i. By January 1 of each odd-numbered year, submit to the
4governor and the general assembly an evaluation of:
5(1) The extent to which services to persons with
6disabilities are actually available to persons in each county
7and mental health and disability services region in the state
8and the quality of those services.
9(2) The effectiveness of the services being provided by
10disability service providers in this state and by each of the
11state mental health institutes established under chapter 226
12and by each of the state resource centers established under
13chapter 222.
14j. Advise the administrator director, the council on human
15services, the governor, and the general assembly on budgets and
16appropriations concerning disability services.
17k. Coordinate activities with the Iowa developmental
18disabilities council and the mental health planning council,
19created pursuant to federal law. The commission shall work
20with other state agencies on coordinating, collaborating, and
21communicating concerning activities involving persons with
22disabilities.
23l. Pursuant to a recommendation made by the administrator
24 department, identify basic financial eligibility standards
25for the disability services provided by a mental health and
26disability services region. The initial standards shall be as
27specified in chapter 331.
28m. Identify disability services outcomes and indicators to
29support the ability of eligible persons with a disability to
30live, learn, work, and recreate in communities of the persons’
31choice. The identification duty includes but is not limited to
32responsibility for identifying, collecting, and analyzing data
33as necessary to issue reports on outcomes and indicators at the
34county, region, and state levels.
352. Notwithstanding section 217.3, subsection 6, the
-295-1commission may adopt the rules authorized by subsection 1,
2pursuant to chapter 17A, without prior review and approval of
3those rules by the council on human services.
43. If the executive branch creates a committee, task
5force, council, or other advisory body to consider disability
6services policy or program options involving children or adult
7consumers, the commission is designated to receive and consider
8any report, findings, recommendations, or other work product
9issued by such body. The commission may address the report,
10findings, recommendations, or other work product in fulfilling
11the commission’s functions and to advise the department,
12council on human services, governor, and general assembly
13concerning disability services.
144. a. The department shall coordinate with the
15department of inspections and appeals in the establishment of
16facility-based and community-based, subacute mental health
17services.
18b. A person shall not provide community-based, subacute
19mental health services unless the person has been accredited
20to provide the services. The commission shall adopt standards
21for subacute mental health services and for accreditation of
22providers of community-based, subacute mental health services.
23c. As used in this subsection, “subacute mental health
24services” means all of the following:
25(1) A comprehensive set of wraparound services for persons
26who have had or are at imminent risk of having acute or
27crisis mental health symptoms that do not permit the persons
28to remain in or threatens removal of the persons from their
29home and community, but who have been determined by a mental
30health professional and a licensed health care professional,
31subject to the professional’s scope of practice, not to need
32inpatient acute hospital services. For the purposes of this
33subparagraph, “mental health professional” means the same as
34defined in section 228.1 and “licensed health care professional”
35means a person licensed under chapter 148 to practice medicine
-296-1and surgery or osteopathic medicine and surgery, an advanced
2registered nurse practitioner licensed under chapter 152 or
3152E, or a physician assistant licensed to practice under the
4supervision of a physician as authorized in chapters 147 and
5148C.
6(2) Intensive, recovery-oriented treatment and monitoring
7of the person with direct or remote access to a psychiatrist or
8advanced registered nurse practitioner.
9(3) An outcome-focused, interdisciplinary approach designed
10to return the person to living successfully in the community.
11(4) Services that may be provided in a wide array of
12settings ranging from the person’s home to a facility providing
13subacute mental health services.
14(5) Services that are time limited to not more than ten
15days or another time period determined in accordance with rules
16adopted for this purpose.
17d. Subacute mental health services and the standards for
18the services shall be established in a manner that allows for
19accessing federal Medicaid funding.
20 Sec. 453. Section 225C.6B, Code 2023, is amended to read as
21follows:
22225C.6B Mental health and disability services system —
23legislative intent — comprehensive plan — state and regional
24service systems.
251. Intent.
26a. The general assembly intends for the state to implement
27a comprehensive, continuous, and integrated state mental
28health and disability services plan in accordance with
29the requirements of sections 225C.4 and 225C.6 and other
30provisions of this chapter, by increasing the department’s
31responsibilities in the development, funding, oversight, and
32ongoing leadership of mental health and disability services in
33this state.
34b. In order to further the purposes listed in section 225C.1
35and in other provisions of this chapter, the general assembly
-297-1intends that efforts focus on the goal of making available a
2comprehensive array of high-quality, evidence-based consumer
3and family-centered mental health and disability services and
4other support in the least restrictive, community-based setting
5appropriate for a consumer.
6c. In addition, it is the intent of the general assembly
7to promote policies and practices that achieve for consumers
8the earliest possible detection of mental health problems and
9the need for disability services and for early intervention;
10to stress that all health care programs address mental health
11disorders with the same urgency as physical health disorders;
12to promote the policies of all public programs that serve
13adults and children with mental disorders or with a need
14for disability services, including but not limited to child
15welfare, Medicaid, education, housing, criminal and juvenile
16justice, substance abuse use disorder treatment, and employment
17services; to consider the special mental health and disability
18services needs of adults and children; and to promote recovery
19and resiliency as expected outcomes for all consumers.
202. Comprehensive plan. The division department shall
21develop a comprehensive written five-year state mental health
22and disability services plan with annual updates and readopt
23the plan every five years. The plan shall describe the key
24components of the state’s mental health and disability services
25system, including the services that are community-based, state
26institution-based, or regional or state-based. The five-year
27plan and each update shall be submitted annually to the
28commission on or before October 30 for review and approval.
293. State and regional disability service systems. The
30publicly financed disability services for persons with mental
31illness, intellectual disability or other developmental
32disability, or brain injury in this state shall be provided by
33the department and the counties operating together as regions.
34The financial and administrative responsibility for such
35services is as follows:
-298- 1a. Disability services for children and adults that are
2covered under the medical assistance program pursuant to
3chapter 249A are the responsibility of the state.
4b. Adult mental health and intellectual disability services
5that are not covered under the medical assistance program are
6the responsibility of the county-based regional service system.
7c. Children’s behavioral health services provided to
8eligible children that are not covered under the medical
9assistance program or other third-party payor are the
10responsibility of the county-based regional service system.
11 Sec. 454. Section 225C.6C, Code 2023, is amended to read as
12follows:
13225C.6C Regional service system — regulatory requirements.
141. The departments department and the department of
15inspections, and appeals, human services, and public health and
16licensing shall comply with the requirements of this section in
17their efforts to improve the regulatory requirements applied
18to the mental health and disability services regional service
19system administration and service providers.
202. The three departments shall work together to establish
21a process to streamline accreditation, certification, and
22licensing standards applied to the regional service system
23administration and service providers.
243. The departments of human services and inspections and
25appeals shall jointly review the standards and inspection
26process applicable to residential care facilities.
274. The three departments shall do all of the following in
28developing regulatory requirements applicable to the regional
29service system administration and service providers:
30a. Consider the costs to regional administrators and
31providers in the development of quality monitoring efforts.
32b. Implement the use of uniform, streamlined, and statewide
33cost reporting standards and tools by the regional service
34system and the department of human services.
35c. Make quality monitoring information, including services,
-299-1quality, and location information, easily available and
2understandable to all citizens.
3d. Establish standards that are clearly understood and are
4accompanied by interpretive guidelines to support understanding
5by those responsible for applying the standards.
6e. Develop a partnership with providers in order to
7improve the quality of services and develop mechanisms for the
8provision of technical assistance.
9f. Develop consistent data collection efforts based on
10statewide standards and make information available to all
11providers. The efforts under this paragraph shall be made with
12representatives of the Iowa state association of counties.
13g. Evaluate existing provider qualification and monitoring
14efforts to identify duplication and gaps, and align the efforts
15with valued outcomes.
16h. Streamline and enhance existing standards.
17i. Consider allowing providers to seek accreditation from
18a national accrediting body in lieu of state accreditation or
19certification.
20 Sec. 455. Section 225C.7A, subsection 7, Code 2023, is
21amended to read as follows:
227. a. For the fiscal year beginning July 1, 2021, each
23mental health and disability services region for which the
24amount certified during the fiscal year under section 331.391,
25subsection 4, paragraph “b”, exceeds forty percent of the actual
26expenditures of the region for the fiscal year preceding the
27fiscal year in progress, the remaining quarterly payments of
28the region’s regional service payment shall be reduced by
29an amount equal to the amount by which the region’s amount
30certified under section 331.391, subsection 4, paragraph “b”,
31exceeds forty percent of the actual expenditures of the region
32for the fiscal year preceding the fiscal year in progress, but
33the amount of the reduction shall not exceed the total amount
34of the region’s regional service payment for the fiscal year.
35If the region’s remaining quarterly payments are insufficient
-300-1to effectuate the required reductions under this paragraph, the
2region is required to pay to the department of human services
3 any amount for which the reduction in quarterly payments could
4not be made. The amount of reductions to quarterly payments
5and amounts paid to the department under this paragraph shall
6be transferred and credited to the region incentive fund under
7subsection 8.
8b. For the fiscal year beginning July 1, 2022, each mental
9health and disability services region for which the amount
10certified during the fiscal year under section 331.391,
11subsection 4, paragraph “b”, exceeds twenty percent of the
12actual expenditures of the region for the fiscal year preceding
13the fiscal year in progress, the remaining quarterly payments
14of the region’s regional service payment shall be reduced by
15an amount equal to the amount by which the region’s amount
16certified under section 331.391, subsection 4, paragraph “b”,
17exceeds twenty percent of the actual expenditures of the region
18for the fiscal year preceding the fiscal year in progress, but
19the amount of the reduction shall not exceed the total amount
20of the region’s regional service payment for the fiscal year.
21If the region’s remaining quarterly payments are insufficient
22to effectuate the required reductions under this paragraph, the
23region is required to pay to the department of human services
24 any amount for which the reduction in quarterly payments could
25not be made. The amount of reductions to quarterly payments
26and amounts paid to the department under this paragraph shall
27be transferred and credited to the region incentive fund under
28subsection 8.
29c. For the fiscal year beginning July 1, 2023, and each
30succeeding fiscal year, each mental health and disability
31services region for which the amount certified during the
32fiscal year under section 331.391, subsection 4, paragraph “b”,
33exceeds five percent of the actual expenditures of the region
34for the fiscal year preceding the fiscal year in progress, the
35remaining quarterly payments of the region’s regional service
-301-1payment shall be reduced by an amount equal to the amount by
2which the region’s amount certified under section 331.391,
3subsection 4, paragraph “b”, exceeds five percent of the actual
4expenditures of the region for the fiscal year preceding the
5fiscal year in progress, but the amount of the reduction
6shall not exceed the total amount of the region’s regional
7service payment for the fiscal year. If the region’s remaining
8quarterly payments are insufficient to effectuate the required
9reductions under this paragraph, the region is required to
10pay to the department of human services any amount for which
11the reduction in quarterly payments could not be made. The
12amount of reductions to quarterly payments and amounts paid to
13the department under this paragraph shall be transferred and
14credited to the region incentive fund under subsection 8.
15 Sec. 456. Section 225C.13, Code 2023, is amended to read as
16follows:
17225C.13 Authority to establish and lease facilities.
181. The administrator assigned, in accordance with section
19218.1, to control the state mental health institutes and the
20state resource centers department may enter into agreements
21under which a facility or portion of a facility administered by
22the administrator department under section 218.1 is leased to a
23department or a division of state government, a county or group
24of counties, a mental health and disability services region, or
25a private nonprofit corporation organized under chapter 504. A
26lease executed under this section shall require that the lessee
27use the leased premises to deliver either disability services
28or other services normally delivered by the lessee.
292. The division administrator director may work with the
30appropriate administrator of the department’s institutions to
31establish mental health and intellectual disability services
32for all institutions under the control of the director of human
33services and to establish an autism unit, following mutual
34planning and consultation with the medical director of the
35state psychiatric hospital, at an institution or a facility
-302-1administered by the department to provide psychiatric and
2related services and other specific programs to meet the needs
3of autistic persons with autism, and to furnish appropriate
4diagnostic evaluation services.
5 Sec. 457. Section 225C.19, Code 2023, is amended to read as
6follows:
7225C.19 Emergency mental health crisis services system.
81. For the purposes of this section:
9a. “Emergency mental health crisis services provider” means
10a provider accredited or approved by the department to provide
11emergency mental health crisis services.
12b. “Emergency mental health crisis services system” or
13“services system” means a coordinated array of crisis services
14for providing a response to assist an individual adult or child
15who is experiencing a mental health crisis or who is in a
16situation that is reasonably likely to cause the individual to
17have a mental health crisis unless assistance is provided.
182. a. The division department shall implement an emergency
19mental health crisis services system in consultation with
20counties, and community mental health centers and other mental
21health and social service providers, in accordance with this
22section.
23b. The purpose of the services system is to provide a
24statewide array of time-limited intervention services to reduce
25escalation of crisis situations, relieve the immediate distress
26of individuals experiencing a crisis situation, reduce the risk
27of individuals in a crisis situation doing harm to themselves
28or others, and promote timely access to appropriate services
29for those who require ongoing mental health services.
30c. The services system shall be available twenty-four hours
31per day, seven days per week to any individual who is in or is
32determined by others to be in a crisis situation, regardless of
33whether the individual has been diagnosed with a mental illness
34or a co-occurring mental illness and substance abuse use
35 disorder. The system shall address all ages, income levels,
-303-1and health coverage statuses.
2d. The goals of an intervention offered by a provider
3under the services system shall include but are not limited to
4symptom reduction, stabilization of the individual receiving
5the intervention, and restoration of the individual to a
6previous level of functioning.
7e. The elements of the services system shall be specified in
8administrative rules adopted by the commission.
93. The services system elements shall include but are not
10limited to all of the following:
11a. Standards for accrediting or approving emergency mental
12health crisis services providers. Such providers may include
13but are not limited to a community mental health center
14designated under chapter 230A, a unit of the department or
15other state agency, a county, a mental health and disability
16services region, or any other public or private provider who
17meets the accreditation or approval standards for an emergency
18mental health crisis services provider.
19b. Identification by the division department of geographic
20regions, groupings of mental health and disability services
21regions, service areas, or other means of distributing and
22organizing the emergency mental health crisis services system
23to ensure statewide availability of the services.
24c. Coordination of emergency mental health crisis services
25with all of the following:
26(1) The district and juvenile courts.
27(2) Law enforcement.
28(3) Judicial district departments of correctional services.
29(4) Mental health and disability services regions.
30(5) Other mental health, substance abuse use disorder, and
31co-occurring mental illness and substance abuse use disorder
32 services available through the state and counties to serve both
33children and adults.
34d. Identification of basic services to be provided through
35each accredited or approved emergency mental health crisis
-304-1services provider which may include but are not limited to
2face-to-face crisis intervention, stabilization, support,
3counseling, preadmission screening for individuals who may
4require psychiatric hospitalization, transportation, and
5follow-up services.
6e. Identification of operational requirements for emergency
7mental health crisis services provider accreditation or
8approval which may include providing a telephone hotline,
9mobile crisis staff, collaboration protocols, follow-up with
10community services, information systems, and competency-based
11training.
124. The division department shall initially implement
13the program through a competitive block grant process.
14The implementation shall be limited to the extent of the
15appropriations provided for the program.
16 Sec. 458. Section 225C.19A, Code 2023, is amended to read
17as follows:
18225C.19A Crisis stabilization programs.
19The department shall accredit, certify, or apply standards
20of review to authorize the operation of crisis stabilization
21programs, including crisis stabilization programs operating
22in a psychiatric medical institution for children pursuant
23to chapter 135H that provide children with mental health,
24substance abuse use disorder, and co-occurring mental health
25and substance abuse use disorder services. In authorizing the
26operation of a crisis stabilization program, the department
27shall apply the relevant requirements for an emergency mental
28health crisis services provider and system under section
29225C.19. A program authorized to operate under this section is
30not required to be licensed under chapter 135B, 135C, 135G, or
31135H, or certified under chapter 231C. The commission shall
32adopt rules to implement this section. The department shall
33accept accreditation of a crisis stabilization program by a
34national accrediting organization in lieu of applying the rules
35adopted in accordance with this section to the program.
-305-1 Sec. 459. Section 225C.20, Code 2023, is amended to read as
2follows:
3225C.20 Responsibilities of mental health and disability
4services regions for individual case management services.
5Individual case management services funded under the medical
6assistance program shall be provided by the department except
7when a county or a consortium of counties contracts with the
8department to provide the services. A regional administrator
9may contract for one or more counties of the region to be
10the provider at any time and the department shall agree to
11the contract so long as the contract meets the standards for
12case management adopted by the department. The regional
13administrator may subcontract for the provision of case
14management services so long as the subcontract meets the same
15standards. A regional administrator may change the provider
16of individual case management services at any time. If the
17current or proposed contract is with the department, the
18regional administrator shall provide written notification of
19a change at least ninety days before the date the change will
20take effect.
21 Sec. 460. Section 225C.21, Code 2023, is amended to read as
22follows:
23225C.21 Supported community living services.
241. As used in this section, “supported community living
25services” means services provided in a noninstitutional
26setting to adult persons with mental illness, an intellectual
27disability, or developmental disabilities to meet the persons’
28daily living needs.
292. The commission shall adopt rules pursuant to chapter 17A
30establishing minimum standards for supported community living
31services. The administrator department shall determine whether
32to grant, deny, or revoke approval for any supported community
33living service.
343. Approved supported community living services may receive
35funding from the state, federal and state social services block
-306-1grant funds, and other appropriate funding sources, consistent
2with state legislation and federal regulations. The funding
3may be provided on a per diem, per hour, or grant basis, as
4appropriate.
5 Sec. 461. Section 225C.23, Code 2023, is amended to read as
6follows:
7225C.23 Brain injury recognized as disability.
81. The department of human services, the Iowa department of
9public health, the department of education and its divisions
10 division of special education and of the department of
11education, the division of vocational rehabilitation services
12of the department of workforce development, the department of
13human rights and its division for persons with disabilities,
14 the department for the blind, and all other state agencies
15which serve persons with brain injuries, shall recognize brain
16injury as a distinct disability and shall identify those
17persons with brain injuries among the persons served by the
18state agency.
192. For the purposes of this section, “brain injury” means
20the same as defined in section 135.22.
21 Sec. 462. Section 225C.29, Code 2023, is amended to read as
22follows:
23225C.29 Compliance.
24Except for a violation of section 225C.28B, subsection
252, the sole remedy for violation of a rule adopted by the
26commission to implement sections 225C.25, 225C.26, 225C.28A,
27and 225C.28B shall be by a proceeding for compliance initiated
28by request to the division department pursuant to chapter
2917A. Any decision of the division department shall be in
30accordance with due process of law and is subject to appeal to
31the Iowa district court pursuant to sections 17A.19 and 17A.20
32by any aggrieved party. Either the division department or a
33party in interest may apply to the Iowa district court for an
34order to enforce the decision of the division department. Any
35rules adopted by the commission to implement sections 225C.25,
-307-1225C.26, 225C.28A, and 225C.28B do not create any right,
2entitlement, property, or liberty right or interest, or private
3cause of action for damages against the state or a political
4subdivision of the state or for which the state or a political
5subdivision of the state would be responsible. Any violation
6of section 225C.28B, subsection 2, shall solely be subject to
7the enforcement by the commissioner of insurance and penalties
8granted by chapter 507B for a violation of section 507B.4,
9subsection 3, paragraph “g”.
10 Sec. 463. Section 225C.35, Code 2023, is amended to read as
11follows:
12225C.35 Definitions.
13For purposes of this subchapter, unless the context
14otherwise requires:
151. “Department” means the department of human services.
162. 1. “Family” means a family member and the parent or
17legal guardian of the family member.
183. 2. “Family member” means a person less than eighteen
19years of age who by educational determination has a moderate,
20severe, or profound educational disability or special
21health care needs or who otherwise meets the definition
22of developmental disability in the federal Developmental
23Disabilities Assistance and Bill of Rights Act, as codified
24in 42 U.S.C. §15002. The department shall adopt rules
25establishing procedures for determining whether a child has a
26developmental disability.
274. 3. “Legal guardian” means a person appointed by a court
28to exercise powers over a family member.
295. 4. “Medical assistance” means payment of all or part of
30the care authorized to be provided pursuant to chapter 249A the
31same as defined in section 249A.2.
326. 5. “Parent” means a biological or adoptive parent.
337. 6. “Supplemental security income” means financial
34assistance provided to individuals pursuant to Tit.XVI of the
35federal Social Security Act, 42 U.S.C. §1381 – 1383c.
-308-1 Sec. 464. Section 225C.37, subsection 1, paragraph d, Code
22023, is amended to read as follows:
3d. A statement that if the child receives medical
4assistance, then the family support subsidy shall only be used
5for the cost of a service which is not covered by medical
6assistance. The family may receive welfare public assistance
7for which the family is eligible.
8 Sec. 465. Section 225C.45, Code 2023, is amended to read as
9follows:
10225C.45 Public housing unit program.
111. The administrator department may establish a public
12housing unit within a bureau of the division program to apply
13for, receive, and administer federal assistance, grants, and
14other public or private funds for purposes related to providing
15housing.
162. In implementing the public housing unit program, the
17division department may do all of the following:
18a. Prepare, implement, and operate housing projects
19and provide for the construction, improvement, extension,
20alteration, or repair of a housing project under the division’s
21 department’s jurisdiction.
22b. Develop and implement studies, conduct analyses, and
23engage in research concerning housing and housing needs. The
24information obtained from these activities shall be made
25available to the public and to the building, housing, and
26supply industries.
27c. Cooperate with the Iowa finance authority, and
28 participate in any of the authority’s programs. Use, and use
29 any funds obtained pursuant to subsection 1 to participate in
30the authority’s programs. The division department shall comply
31with rules adopted by the authority as the rules apply to the
32housing activities of the division department.
333. In accepting contributions, grants, or other financial
34assistance from the federal government relating to a housing
35activity of the division department, including construction,
-309-1operation, or maintenance, or in managing a housing project or
2undertaking constructed or owned by the federal government, the
3division department may do any of the following:
4a. Comply with federally required conditions or enter into
5contracts or agreements as may be necessary, convenient, or
6desirable.
7b. Take any other action necessary or desirable in order
8to secure the financial aid or cooperation of the federal
9government.
10c. Include in a contract with the federal government for
11financial assistance any provision which the federal government
12may require as a condition of the assistance that is consistent
13with the provisions of this section.
144. The division department shall not proceed with a housing
15project pursuant to this section, unless both of the following
16conditions are met:
17a. A study for a report which includes recommendations
18concerning the housing available within a community is publicly
19issued by the division department. The study shall be included
20in the division’s department’s recommendations for a housing
21project.
22b. The division’s department’s recommendations are approved
23by a majority of the city council or board of supervisors
24with jurisdiction over the geographic area affected by the
25recommendations.
265. Property acquired or held pursuant to this section
27is public property used for essential public purposes and is
28declared to be exempt from any tax or special assessment of the
29state or any state public body as defined in section 403A.2.
30In lieu of taxes on the property, the division department may
31agree to make payments to the state or a state public body,
32including but not limited to the division department, as the
33division department finds necessary to maintain the purpose of
34providing low-cost housing in accordance with this section.
356. Any property owned or held by the division department
-310-1 pursuant to this section is exempt from levy and sale by
2execution. An execution or other judicial process shall not be
3issued against the property and a judgment against the division
4 department shall not be a lien or charge against the property.
5However, the provisions of this subsection shall not apply to
6or limit the right of the federal government to pursue any
7remedies available under this section. The provisions of this
8subsection shall also not apply to or limit the right of an
9obligee to take either of the following actions:
10a. Foreclose or otherwise enforce a mortgage or other
11security executed or issued pursuant to this section.
12b. Pursue remedies for the enforcement of a pledge or lien
13on rents, fees, or revenues.
147. In any contract with the federal government to provide
15annual payments to the division department, the division
16 department may obligate itself to convey to the federal
17government possession of or title to the housing project
18in the event of a substantial default as defined in the
19contract and with respect to the covenant or conditions to
20which the division department is subject. The obligation
21shall be specifically enforceable and shall not constitute a
22mortgage. The contract may also provide that in the event of
23a conveyance, the federal government may complete, operate,
24manage, lease, convey, or otherwise deal with the housing
25project and funds in accordance with the terms of the contract.
26However, the contract shall require that, as soon as is
27practicable after the federal government is satisfied that all
28defaults with respect to the housing project are cured and the
29housing project will be operated in accordance with the terms
30of the contract, the federal government shall reconvey the
31housing project to the division department.
328. The division department shall not undertake a housing
33project pursuant to this section until a public hearing has
34been held. At the hearing, the division department shall
35notify the public of the proposed project’s name, location,
-311-1number of living units proposed, and approximate cost. Notice
2of the public hearing shall be published at least once in a
3newspaper of general circulation at least fifteen days prior to
4the date set for the hearing.
5 Sec. 466. Section 225C.47, subsection 2, Code 2023, is
6amended to read as follows:
72. A comprehensive family support program is created in the
8department of human services to provide a statewide system of
9services and support to eligible families. The program shall
10be implemented in a manner which enables a family member of
11an individual with a disability to identify the services and
12support needed to enable the individual to reside with the
13individual’s family, to function more independently, and to
14increase the individual’s integration into the community.
15 Sec. 467. Section 225C.49, Code 2023, is amended to read as
16follows:
17225C.49 Departmental duties concerning services to
18individuals with a disability.
191. The department shall provide coordination of the
20programs administered by the department which serve individuals
21with a disability and the individuals’ families, including but
22not limited to the following juvenile justice and child welfare
23services: family-centered services described under section
24232.102, decategorization of child welfare funding provided
25for under section 232.188, and foster care services paid under
26section 234.35, subsection 3. The department shall regularly
27review administrative rules associated with such programs
28and make recommendations to the council on human services,
29governor, and general assembly for revisions to remove barriers
30to the programs for individuals with a disability and the
31individuals’ families including the following:
32a. Eligibility prerequisites which require declaring the
33individual at risk of abuse, neglect, or out-of-home placement.
34b. Time limits on services which restrict addressing ongoing
35needs of individuals with a disability and their families.
-312- 12. The department shall coordinate the department’s
2programs and funding utilized by individuals with a disability
3and their families with other state and local programs and
4funding directed to individuals with a disability and their
5families.
63. In implementing the provisions of this section, the
7department shall do all of the following:
8a. Compile information concerning services and other support
9available to individuals with a disability and their families.
10Make the information available to individuals with a disability
11and their families and department staff.
12b. Utilize internal training resources or contract for
13additional training of staff concerning the information
14under paragraph “a” and training of families and individuals
15as necessary to implement the family support subsidy and
16comprehensive family support programs under this chapter.
174. The department shall designate one individual whose sole
18duties are to provide central coordination of the programs
19under sections 225C.36 and 225C.47 and to oversee development
20and implementation of the programs.
21 Sec. 468. Section 225C.51, Code 2023, is amended to read as
22follows:
23225C.51 Children’s behavioral health system state board.
241. A children’s behavioral health system state board
25is created as the state body to provide guidance on the
26implementation and management of a children’s behavioral health
27system for the provision of services to children with a serious
28emotional disturbance. State board members shall be appointed
29on the basis of interest and experience in the fields of
30children’s behavioral health to ensure adequate representation
31from persons with life experiences and from persons
32knowledgeable about children’s behavioral health services. The
33department shall provide support to the state board, and the
34board may utilize staff support and other assistance provided
35to the state board by other persons. The state board shall
-313-1meet at least four times per year. The membership of the state
2board shall consist of the following persons:
3a. The director of the department of health and human
4services or the director’s designee.
5b. The director of the department of education or the
6director’s designee.
7c. The director of the department of public health or the
8director’s designee.
9d. c. The director of workforce development or the
10director’s designee.
11e. d. A member of the mental health and disability services
12commission.
13f. e. Members appointed by the governor who are active
14members of each of the indicated groups:
15(1) One member shall be selected from nominees submitted by
16the state court administrator.
17(2) One member shall be selected from nominees submitted by
18the early childhood Iowa office program in the department of
19management.
20(3) One member shall be a board member or an employee of a
21provider of mental health services to children.
22(4) One member shall be a board member or an employee of a
23provider of child welfare services.
24(5) One member shall be an administrator of an area
25education agency.
26(6) One member shall be an educator, counselor, or
27administrator of a school district.
28(7) One member shall be a representative of an established
29advocacy organization whose mission or purpose it is, in part,
30to further goals related to children’s mental health.
31(8) One member shall be a parent or guardian of a child
32currently utilizing or who has utilized behavioral health
33services.
34(9) One member shall be a sheriff.
35(10) One member shall be a pediatrician.
-314- 1(11) One member shall be a representative from a health care
2system.
3(12) One member shall be a chief executive officer of a
4mental health and disability services region.
5g. f. In addition to the voting members, the membership
6shall include four members of the general assembly with one
7member designated by each of the following: the majority
8leader of the senate, the minority leader of the senate, the
9speaker of the house of representatives, and the minority
10leader of the house of representatives. A legislative member
11serves for a term as provided in section 69.16B in a nonvoting,
12ex officio capacity and is not eligible for per diem and
13expenses as provided in section 2.10.
142. Members appointed by the governor shall serve four-year
15staggered terms and are subject to confirmation by the senate.
16The four-year terms shall begin and end as provided in section
1769.19. Vacancies on the state board shall be filled as
18provided in section 2.32. A member shall not be appointed for
19more than two consecutive four-year terms.
203. The director of the department of human services and the
21director of the department of education, or their designees,
22shall serve as co-chairpersons of the state board. Board
23members shall not be entitled to a per diem as specified in
24section 7E.6 and shall not be entitled to actual and necessary
25expenses incurred while engaged in their official duties.
26 Sec. 469. Section 225C.52, subsection 1, Code 2023, is
27amended to read as follows:
281. Advise the administrator director on the administration
29of the children’s behavioral health system.
30 Sec. 470. Section 225D.1, subsection 6, Code 2023, is
31amended to read as follows:
326. “Department” means the department of health and human
33services.
34 Sec. 471. Section 226.1, Code 2023, is amended to read as
35follows:
-315- 1226.1 Official designation — definitions.
21. The state hospitals for persons with mental illness shall
3be designated as follows:
4a. Mental Health Institute, Independence, Iowa.
5b. Mental Health Institute, Cherokee, Iowa.
62. a. The purpose of the mental health institutes is to
7operate as regional resource centers providing one or more of
8the following:
9(1) Treatment, training, care, habilitation, and support of
10persons with mental illness or a substance abuse problem use
11disorder.
12(2) Facilities, services, and other support to the
13communities located in the region being served by a mental
14health institute so as to maximize the usefulness of the mental
15health institutes while minimizing overall costs.
16(3) A unit for the civil commitment of sexually violent
17predators committed to the custody of the director of human
18services pursuant to chapter 229A.
19b. In addition, the mental health institutes are encouraged
20to act as a training resource for community-based program
21staff, medical students, and other participants in professional
22education programs.
233. A mental health institute may request the approval of the
24council on human services to change the name of the institution
25for use in communication with the public, in signage, and in
26other forms of communication.
274. For the purposes of this chapter, unless the context
28otherwise requires:
29a. “Administrator” means the person assigned by the
30director of human services to control the state mental health
31institutes. “Council” means the council on health and human
32services.
33b. “Department” means the department of health and human
34services.
35c. “Director” means the director of health and human
-316-1services.
2c. d. “Mental health and disability services region” means
3a mental health and disability services region formed in
4accordance with section 331.389.
5e. “Mental health institute” or “state mental health
6institute” means a state hospital for persons with mental
7illness as designated in this chapter.
8d. f. “Regional administrator” means the regional
9administrator of a mental health and disability services
10region, same as defined in section 331.388.
11 Sec. 472. Section 226.4, Code 2023, is amended to read as
12follows:
13226.4 Salary of superintendent.
14The salary of the superintendent of each hospital mental
15health institute shall be determined by the administrator
16 director.
17 Sec. 473. Section 226.5, Code 2023, is amended to read as
18follows:
19226.5 Superintendent as witness.
20The superintendents and assistant physicians of said
21hospitals the mental health institutes, when called as
22witnesses in any court, shall be paid the same mileage which
23other witnesses are paid and in addition thereto shall be paid
24a fee of twenty-five dollars per day, said the fee to revert to
25the support fund of the hospital mental health institute the
26superintendent or assistant physician serves.
27 Sec. 474. Section 226.6, Code 2023, is amended to read as
28follows:
29226.6 Duties of superintendent.
30The superintendent shall:
311. Have the control of the medical, mental, moral, and
32dietetic treatment of the patients in the superintendent’s
33custody subject to the approval of the administrator director.
342. Require all subordinate officers and employees to
35perform their respective duties.
-317- 13. Have an official seal with the name of the hospital
2 mental health institute and the word “Iowa” thereon and on
3the seal. The superintendent may affix the same seal to all
4notices, orders of discharge, or other papers required to be
5given by the superintendent.
64. Keep proper books in which shall be entered all moneys
7and supplies received on account of any patient and a detailed
8account of the disposition of the same all moneys and supplies.
9 Sec. 475. Section 226.7, subsection 1, paragraph a,
10unnumbered paragraph 1, Code 2023, is amended to read as
11follows:
12Preference in the reception of patients into said hospitals
13 the mental health institutes shall be exercised in the
14following order:
15 Sec. 476. Section 226.8, subsection 1, paragraph b, Code
162023, is amended to read as follows:
17b. If determined appropriate for the person at the
18sole discretion of the director of human services, the
19administrator, or the director’s or administrator’s designee.
20 Sec. 477. Section 226.9, Code 2023, is amended to read as
21follows:
22226.9 Custody of patient.
23The superintendent, upon the receipt of a duly executed
24order of admission of a patient into the hospital for persons
25with mental illness a state mental health institute, pursuant
26to section 229.13, shall take such the patient into custody and
27restrain the patient as provided by law and the rules of the
28administrator department, without liability on the part of such
29superintendent and all other officers of the hospital mental
30health institute to prosecution of any kind on account thereof,
31but no person shall be detained in the hospital mental health
32institute who is found by the superintendent to be in good
33mental health.
34 Sec. 478. Section 226.10, Code 2023, is amended to read as
35follows:
-318- 1226.10 Equal treatment.
2The patients of the state mental health institutes,
3according to their different conditions of mind and body, and
4their respective needs, shall be provided for and treated
5with equal care. If in addition to mental illness a patient
6has a co-occurring intellectual disability, brain injury, or
7substance abuse use disorder, the care provided shall also
8address the co-occurring needs.
9 Sec. 479. Section 226.11, Code 2023, is amended to read as
10follows:
11226.11 Special care permitted.
12Patients may have such special care as may be agreed upon
13with the superintendent, if the friends or relatives of the
14patient will pay the expense thereof of the special care.
15Charges for such special care and attendance shall be paid
16quarterly in advance.
17 Sec. 480. Section 226.12, Code 2023, is amended to read as
18follows:
19226.12 Monthly reports.
20The administrator director shall assure that the
21superintendent of each institute provides monthly reports
22concerning the programmatic, environmental, and fiscal
23condition of the mental health institute. The administrator
24 director or the administrator’s director’s designee shall
25periodically visit each institute to validate the information.
26 Sec. 481. Section 226.13, Code 2023, is amended to read as
27follows:
28226.13 Patients allowed to write.
29The name and address of the administrator director shall
30be kept posted in every ward in each hospital mental health
31institute. Every patient shall be allowed to write once a week
32what the patient pleases to said administrator the director
33 and to any other person. The superintendent may send letters
34addressed to other parties to the administrator director for
35inspection before forwarding them to the individual addressed.
-319-1 Sec. 482. Section 226.14, Code 2023, is amended to read as
2follows:
3226.14 Writing material.
4Every patient shall be furnished by the superintendent or
5party having charge of such person the patient, at least once
6in each week, with suitable materials for writing, enclosing,
7sealing, and mailing letters, if the patient requests and uses
8the same materials.
9 Sec. 483. Section 226.15, Code 2023, is amended to read as
10follows:
11226.15 Letters to administrator director.
12The superintendent or other officer in charge of a patient
13shall, without reading the same letters, receive all letters
14addressed to the administrator director, if so requested, and
15shall properly mail the same letters, and deliver to such
16patient all letters or other writings addressed to the patient.
17Letters written to the person so confined patient may be
18examined by the superintendent, and if, in the superintendent’s
19opinion, the delivery of such letters would be injurious to the
20person so confined patient, the superintendent shall return the
21letters to the writer with the superintendent’s reasons for not
22delivering them the letters.
23 Sec. 484. Section 226.16, Code 2023, is amended to read as
24follows:
25226.16 Unauthorized departure and retaking.
26It shall be the duty of the The superintendent and of all
27other officers and employees of any of said hospitals mental
28health institute, in case of the unauthorized departure of
29any involuntarily hospitalized patient, to shall exercise
30all due diligence to take into protective custody and return
31said the patient to the hospital mental health institute.
32A notification by the superintendent of such unauthorized
33departure to any peace officer of the state or to any private
34person shall be sufficient authority to such officer or person
35to take and return such the patient to the hospital mental
-320-1health institute.
2 Sec. 485. Section 226.17, Code 2023, is amended to read as
3follows:
4226.17 Expense attending retaking.
5All actual and necessary expenses incurred in the taking
6into protective custody, restraint, and return to the hospital
7 mental health institute of the patient shall be paid on
8itemized vouchers, sworn to by the claimants and approved by
9the business manager and the administrator director or the
10director’s designee, from any moneys in the state treasury not
11otherwise appropriated.
12 Sec. 486. Section 226.18, Code 2023, is amended to read as
13follows:
14226.18 Investigation as to mental health.
15The administrator director may investigate the mental
16condition of any patient and shall discharge any person, if, in
17the administrator’s director’s opinion, such the person is not
18mentally ill, or can be cared for after such discharge without
19danger to others, and with benefit to the patient; but in. In
20 determining whether such the patient shall be discharged, the
21recommendation of the superintendent shall be secured. If the
22administrator director orders the discharge of an involuntarily
23hospitalized patient, the discharge shall be by the procedure
24prescribed in section 229.16. The power to investigate the
25mental condition of a patient is merely permissive, and does
26not repeal or alter any statute respecting the discharge or
27commitment of patients of the state hospitals mental health
28institutes.
29 Sec. 487. Section 226.22, Code 2023, is amended to read as
30follows:
31226.22 Clothing furnished.
32Upon such discharge, the business manager department shall
33furnish such the person discharged, unless otherwise supplied,
34with suitable clothing and a sum of money not exceeding twenty
35dollars, which shall be charged with the other expenses of such
-321-1 the patient in the hospital mental health institute.
2 Sec. 488. Section 226.23, Code 2023, is amended to read as
3follows:
4226.23 Convalescent leave of patients.
5Upon the recommendation of the superintendent and in
6accordance with section 229.15, subsection 5, in the case of
7an involuntary patient, the administrator director may place
8the patient on convalescent leave said patient for a period not
9to exceed one year, under such conditions as are prescribed by
10said administrator the director.
11 Sec. 489. Section 226.26, Code 2023, is amended to read as
12follows:
13226.26 Dangerous patients.
14The administrator director, on the recommendation of the
15superintendent, and on the application of the relatives or
16friends of a patient who is not cured and who cannot be safely
17allowed to go at liberty, may release the patient when fully
18satisfied that the relatives or friends will provide and
19maintain all necessary supervision, care, and restraint over
20the patient. If the patient being released was involuntarily
21hospitalized, the consent of the district court which ordered
22the patient’s hospitalization placement shall be obtained in
23advance in substantially the manner prescribed by section
24229.14.
25 Sec. 490. Section 226.27, Code 2023, is amended to read as
26follows:
27226.27 Patient accused or acquitted of crime or awaiting
28judgment.
29If a patient was committed to a state hospital mental health
30institute for evaluation or treatment under chapter 812 or the
31rules of criminal procedure, further proceedings shall be had
32under chapter 812 or the applicable rule when the evaluation
33has been completed or the patient has regained mental capacity,
34as the case may be.
35 Sec. 491. Section 226.30, Code 2023, is amended to read as
-322-1follows:
2226.30 Transfer of dangerous patients.
3When a patient of any hospital for persons with mental
4illness health institute becomes incorrigible and unmanageable
5to such an extent that the patient is dangerous to the safety
6of others in the hospital institute, the administrator
7 director, with the consent of the director of the Iowa
8department of corrections, may apply in writing to the district
9court or to any judge thereof of the district court, of
10the county in which the hospital institute is situated, for
11an order to transfer the patient to the Iowa medical and
12classification center and if the order is granted the patient
13shall be so transferred. The county attorney of the county
14shall appear in support of the application on behalf of the
15administrator director.
16 Sec. 492. Section 226.32, Code 2023, is amended to read as
17follows:
18226.32 Overcrowded conditions.
19The administrator director shall order the discharge or
20removal from the hospital mental health institute of incurable
21and harmless patients whenever it is necessary to make room
22for recent cases. If a patient who is to be so discharged
23entered the hospital mental health institute voluntarily, the
24administrator director shall notify the regional administrator
25for the county interested at least ten days in advance of the
26day of actual discharge.
27 Sec. 493. Section 226.33, Code 2023, is amended to read as
28follows:
29226.33 Notice to court.
30When a patient who was hospitalized involuntarily and who
31has not fully recovered is discharged from the hospital mental
32health institute by the administrator director under section
33226.32, notice of the order shall at once be sent to the court
34which ordered the patient’s hospitalization, in the manner
35prescribed by section 229.14.
-323-1 Sec. 494. Section 226.40, Code 2023, is amended to read as
2follows:
3226.40 Emergency patients.
4In case of emergency disaster, with the infliction of
5numerous casualties among the civilian population, the mental
6health institutes are authorized to may accept sick and wounded
7persons without commitment or any other formalities.
8 Sec. 495. Section 226.41, Code 2023, is amended to read as
9follows:
10226.41 Charge permitted.
11The hospital is authorized to make a mental health institute
12may charge for patients admitted under section 226.40, in the
13manner provided by law and subject to the changes provided in
14section 226.42.
15 Sec. 496. Section 226.42, Code 2023, is amended to read as
16follows:
17226.42 Emergency powers of superintendents.
18In case the mental health institutes lose contact with
19the statehouse seat of government, due to enemy action or
20otherwise, the superintendents of the institutes are hereby
21delegated the following powers and duties may do any of the
22following:
231. May collect Collect moneys due the state treasury from
24the counties and from responsible persons or other relatives,
25these funds to be collected monthly, instead of quarterly, and
26to be deposited for use in operating the institutes.
272. The superintendent shall have the power to requisition
28 Requisition supplies, such as food, fuel, drugs and medical
29equipment, from any source available, in the name of the state,
30with the power to and enter into contracts binding the state
31for payment at an indefinite future time.
323. The superintendent shall be authorized to employ Employ
33 personnel in all categories and for whatever remuneration the
34superintendent deems necessary, without regard to existing
35laws, rules, or regulations, in order to permit the institute
-324-1to continue its old existing functions, as well as and meet its
2additional responsibilities.
3 Sec. 497. Section 226.43, Code 2023, is amended to read as
4follows:
5226.43 Fund created.
6There is hereby established at each hospital mental health
7institute a fund known as the “patients’ personal deposit
8fund”.
9 Sec. 498. Section 226.44, Code 2023, is amended to read as
10follows:
11226.44 Deposits.
12Any funds, including social security benefits, coming into
13the possession of the superintendent or any employee of the
14hospital mental health institute belonging to any patient in
15that hospital mental health institute, shall be deposited in
16the name of that patient in the patients’ personal deposit
17fund, except that if a guardian of the property of that patient
18has been appointed, the guardian shall have the right to demand
19and receive such funds. Funds belonging to a patient deposited
20in the patients’ personal deposit fund may be used for the
21purchase of personal incidentals, desires and comforts for the
22patient.
23 Sec. 499. Section 226.45, Code 2023, is amended to read as
24follows:
25226.45 Reimbursement to county or state.
26If a patient is not receiving medical assistance under
27chapter 249A and the amount in the account of any patient
28in the patients’ personal deposit fund exceeds two hundred
29dollars, the business manager of the hospital mental health
30institute may apply any of the excess to reimburse the county
31of residence or the state when the patient is a resident in
32another state or in a foreign country, or when the patient’s
33residence is unknown, for liability incurred by the county or
34the state for the payment of care, support, and maintenance of
35the patient, when billed by the county of residence or by the
-325-1administrator when the patient is a resident in another state
2or in a foreign country, or when the patient’s residence is
3unknown department.
4 Sec. 500. Section 226.46, Code 2023, is amended to read as
5follows:
6226.46 Deposit of fund.
7The business manager department shall deposit the patients’
8personal deposit fund in a commercial account of a bank of
9reputable standing. When deposits in the commercial account
10exceed average monthly withdrawals, the business manager
11 department may deposit the excess at interest. The savings
12account shall be in the name of the patients’ personal deposit
13fund and interest paid thereon on the account may be used for
14recreational purposes at the hospital mental health institute.
15 Sec. 501. Section 227.1, Code 2023, is amended to read as
16follows:
17227.1 Definitions — supervision.
181. For the purposes of this chapter, unless the context
19otherwise requires:
20a. “Administrator” means the person assigned by the director
21of human services in the appropriate division of the department
22to administer mental health and disability services. “County
23care facility” means a county care facility operated under
24chapter 347B.
25b. “Department” means the department of health and human
26services.
27c. “Director” means the director of health and human
28services.
29d. “Facility” includes a county care facility and a private
30or county facility, including a hospital, for persons with
31mental illness or an intellectual disability.
32c. e. “Mental health and disability services region” means
33a mental health and disability services region formed in
34accordance with section 331.389.
35f. “Patient” means a person receiving care in a facility or
-326-1a state mental health institute.
2d. g. “Regional administrator” means the regional
3administrator of a mental health and disability services
4region, same as defined in section 331.388.
5h. “Resident” means a person cared for in a county care
6facility.
72. The regulatory requirements for county and private
8institutions facilities where persons with mental illness or
9an intellectual disability are admitted, committed, or placed
10shall be administered by the administrator department.
11 Sec. 502. Section 227.2, Code 2023, is amended to read as
12follows:
13227.2 Inspection.
141. The director of inspections, and appeals, and licensing
15 shall make, or cause to be made, at least one licensure
16inspection each year of every county care facility. Either
17the administrator of the division director or the director of
18the department of inspections, and appeals, and licensing, in
19cooperation with each other, upon receipt of a complaint or for
20good cause, may make, or cause to be made, a review of a county
21care facility or of any other private or county institution
22 facility where persons with mental illness or an intellectual
23disability are admitted or reside. A licensure inspection
24or a review shall be made by a competent and disinterested
25person who is acquainted with and interested in the care of
26persons with mental illness and persons with an intellectual
27disability. The objective of a licensure inspection or a
28review shall be an evaluation of the programming and treatment
29provided by the facility. After each licensure inspection of
30a county care facility, the person who made the inspection
31shall consult with the regional administrator for the county
32in which the facility is located on plans and practices that
33will improve the care given patients residents. The person
34shall also make recommendations to the administrator of the
35division and the director of public health for coordinating
-327-1and improving the relationships between the administrators of
2county care facilities, the administrator of the division,
3the director of public health, the superintendents of state
4mental health institutes and resource centers, community
5mental health centers, mental health and disability services
6regions, and other cooperating agencies, to cause improved
7and more satisfactory care of patients. A written report of
8each licensure inspection of a county care facility under this
9section shall be filed by the person with the administrator of
10the division and the director of public health department and
11shall include:
12a. The capacity of the institution facility for the care of
13residents.
14b. The number, sex, ages, and primary diagnoses of the
15residents.
16c. The care of residents, their food, clothing, treatment
17plan, employment, and opportunity for recreational activities
18and for productive work intended primarily as therapeutic
19activity.
20d. The number, job classification, sex, duties, and salaries
21of all employees.
22e. The cost to the state or county of maintaining residents
23in a county care facility.
24f. The recommendations given to and received from the
25regional administrator on methods and practices that will
26improve the conditions under which the county care facility is
27operated.
28g. Any failure to comply with standards adopted under
29section 227.4 for care of persons with mental illness and
30persons with an intellectual disability in county care
31facilities, which is not covered in information submitted
32pursuant to paragraphs “a” through “f”, and any other matters
33which the director of public health, in consultation with the
34administrator of the division, may require.
352. A copy of the written report prescribed by subsection 1
-328-1shall be furnished to the county board of supervisors, to the
2regional administrator for the county, to the administrator
3of the county care facility inspected and to its certified
4volunteer long-term care ombudsman, and to the department on
5aging.
63. The department of inspections, and appeals, and
7licensing shall inform the administrator of the division
8 department of an action by the department of inspections,
9appeals, and licensing to suspend, revoke, or deny renewal of a
10license issued by the department of inspections, and appeals,
11and licensing to a county care facility, and the reasons for
12the action.
134. In addition to the licensure inspections required or
14authorized by this section, the administrator of the division
15 department shall cause to be made an evaluation of each person
16cared for in a county care facility at least once each year by
17one or more qualified mental health, intellectual disability,
18or medical professionals, whichever is appropriate.
19a. It is the responsibility of the state to secure the
20annual evaluation for each person who is on convalescent leave
21or who has not been discharged from a state mental health
22institute. It is the responsibility of the county to secure
23the annual evaluation for all other persons with mental illness
24in the county care facility.
25b. It is the responsibility of the state to secure the
26annual evaluation for each person who is on leave and has
27not been discharged from a state resource center. It is the
28responsibility of the county to secure the annual evaluation
29for all other persons with an intellectual disability in the
30county care facility.
31c. It is the responsibility of the county to secure an
32annual evaluation of each resident of a county care facility to
33whom neither paragraph “a” nor paragraph “b” is applicable.
345. The evaluations required by subsection 4 shall include
35an examination of each person which shall reveal the person’s
-329-1condition of mental and physical health and the likelihood
2of improvement or discharge and other recommendations
3concerning the care of those persons as the evaluator deems
4pertinent. One copy of the evaluation shall be filed with the
5administrator of the division department and one copy shall be
6filed with the administrator of the county care facility.
7 Sec. 503. Section 227.3, Code 2023, is amended to read as
8follows:
9227.3 Residents to have hearing Resident and patient input.
10The inspector conducting any licensure inspection or review
11under section 227.2 shall give each resident or patient an
12opportunity to converse with the inspector out of the hearing
13of any officer or employee of the institution facility, and
14shall fully investigate all complaints and report the result in
15writing to the administrator of the division department. The
16administrator department before acting on the report adversely
17to the institution facility, shall give the persons in charge a
18copy of the report and an opportunity to be heard.
19 Sec. 504. Section 227.4, Code 2023, is amended to read as
20follows:
21227.4 Standards for care of persons with mental illness or an
22intellectual disability in county care facilities.
23The administrator department, in cooperation with the
24department of inspections and appeals, shall recommend
25and the mental health and disability services commission
26created in section 225C.5 shall adopt, or amend and adopt,
27standards for the care of and services to persons with
28mental illness or an intellectual disability residing in
29county care facilities. The standards shall be enforced by
30the department of inspections and appeals as a part of the
31licensure inspection conducted pursuant to chapter 135C. The
32objective of the standards is to ensure that persons with
33mental illness or an intellectual disability who are residents
34of county care facilities are not only adequately fed, clothed,
35and housed, but are also offered reasonable opportunities for
-330-1productive work and recreational activities suited to their
2physical and mental abilities and offering both a constructive
3outlet for their energies and, if possible, therapeutic
4benefit. When recommending standards under this section, the
5administrator department shall designate an advisory committee
6representing administrators of county care facilities, regional
7administrators, mental health and disability services region
8governing boards, and county care facility certified volunteer
9long-term care ombudsmen to assist in the establishment of
10standards.
11 Sec. 505. Section 227.6, Code 2023, is amended to read as
12follows:
13227.6 Removal of residents or patients.
14If a county care facility fails to comply with rules and
15standards adopted under this chapter, the administrator
16 department may remove all persons with mental illness and
17all persons with an intellectual disability cared for in
18the county care facility at public expense, to the proper
19state mental health institute or resource center, or to
20some private or county institution or hospital facility for
21the care of persons with mental illness or an intellectual
22disability that has complied with the rules prescribed by
23the administrator department. Residents being transferred
24to a state mental health institute or resource center shall
25be accompanied by an attendant or attendants sent from the
26institute or resource center. If a resident is transferred
27under this section, at least one attendant shall be of the
28same sex. If the administrator department finds that the
29needs of residents patients with mental illness and residents
30 patients with an intellectual disability of any other county
31or private institution facility are not being adequately met,
32those residents patients may be removed from that institution
33 facility upon order of the administrator department.
34 Sec. 506. Section 227.7, Code 2023, is amended to read as
35follows:
-331- 1227.7 Cost — collection from county.
2The cost of such removal, including all expenses of said
3 the attendant, shall be certified by the superintendent of the
4hospital facility receiving the patient, to the director of
5the department of administrative services, who shall draw a
6warrant upon the treasurer of state for said sum the amount,
7which shall be credited to the support fund of said hospital
8 the facility and charged against the general revenues of the
9state and collected by the director of the department of
10administrative services from the county which sent said the
11 patient to said institution the facility.
12 Sec. 507. Section 227.8, Code 2023, is amended to read as
13follows:
14227.8 Notification to guardians.
15The administrator department shall notify the guardian,
16or one or more of the relatives, of patients kept at private
17expense, of all violations of said the rules by said the
18 private or county institutions facilities, and of the action of
19the administrator department as to all other patients.
20 Sec. 508. Section 227.9, Code 2023, is amended to read as
21follows:
22227.9 Investigating mental health.
23Should When the administrator believe department determines
24 that any person in any such county or private institution
25 facility is in good mental health, or illegally restrained
26of liberty, the administrator department shall institute and
27prosecute proceedings in the name of the state, before the
28proper officer, board, or court, for the discharge of such the
29 person.
30 Sec. 509. Section 227.10, Code 2023, is amended to read as
31follows:
32227.10 Transfers from county or private institutions
33 facilities.
34Patients who have been admitted at public expense to any
35institution facility to which this chapter is applicable may
-332-1be involuntarily transferred to the proper state hospital for
2persons with mental illness health institute in the manner
3prescribed by sections 229.6 through 229.13. The application
4required by section 229.6 may be filed by the administrator
5of the division director or the administrator’s director’s
6 designee, or by the administrator of the institution facility
7 where the patient is then being maintained or treated.
8If the patient was admitted to that institution facility
9 involuntarily, the administrator of the division department
10 may arrange and complete the transfer, and shall report it
11as required of a chief medical officer under section 229.15,
12subsection 5. The transfer shall be made at the mental health
13and disability services region’s expense, and the expense
14recovered, as provided in section 227.7. However, transfer
15under this section of a patient whose expenses are payable
16in whole or in part by the mental health and disability
17services region is subject to an authorization for the transfer
18through the regional administrator for the patient’s county of
19residence.
20 Sec. 510. Section 227.11, Code 2023, is amended to read as
21follows:
22227.11 Transfers from state hospitals mental health
23institutes.
24A regional administrator for the county chargeable with
25the expense of a patient in a state hospital for persons with
26 mental illness health institute shall transfer the patient
27to a county or private institution facility for persons with
28mental illness that is in compliance with the applicable
29rules when the administrator of the division director or the
30administrator’s director’s designee orders the transfer on a
31finding that the patient is suffering from a serious mental
32illness and will receive equal benefit by being so transferred.
33A mental health and disability services region shall transfer
34to a county care facility any patient in a state hospital for
35persons with mental illness health institute upon request
-333-1of the superintendent of the state hospital mental health
2institute in which the patient is confined pursuant to the
3superintendent’s authority under section 229.15, subsection 5,
4and approval by the regional administrator for the county of
5the patient’s residence. In no case shall a patient be thus
6 transferred except upon compliance with section 229.14A or
7without the written consent of a relative, friend, or guardian
8if such relative, friend, or guardian pays the expense of
9the care of such patient in a state hospital mental health
10institute. Patients transferred to a public or private
11facility under this section may subsequently be placed on
12convalescent or limited leave or transferred to a different
13facility for continued full-time custody, care, and treatment
14when, in the opinion of the attending physician or the chief
15medical officer of the hospital facility from which the patient
16was so transferred, the best interest of the patient would be
17served by such the leave or transfer. For any patient who is
18involuntarily committed, any transfer made under this section
19is subject to the placement hearing requirements of section
20229.14A.
21 Sec. 511. Section 227.12, Code 2023, is amended to read as
22follows:
23227.12 Difference of opinion.
24When a difference of opinion exists between the
25administrator of the division director and the authorities in
26charge of any private or county hospital facility in regard to
27the transfer of a patient as provided in sections 227.10 and
28227.11, the matter shall be submitted to the district court
29of the county in which such hospital the facility is situated
30and shall be summarily tried as an equitable action, and the
31judgment of the district court shall be final.
32 Sec. 512. Section 227.13, Code 2023, is amended to read as
33follows:
34227.13 Discharge of transferred patient.
35Patients transferred from a state hospital mental health
-334-1institute to such county or private institutions facilities
2 shall not be discharged, when not cured, without the consent of
3the administrator of the division director.
4 Sec. 513. Section 227.14, Code 2023, is amended to read as
5follows:
6227.14 Caring for persons with mental illness from other
7counties.
8The regional administrator for a county that does not have
9proper facilities for caring for persons with mental illness
10may, with the consent of the administrator of the division
11 department, provide for such care at the expense of the mental
12health and disability services region in any convenient and
13proper county or private institution facility for persons with
14mental illness which is willing to receive the persons.
15 Sec. 514. Section 227.15, Code 2023, is amended to read as
16follows:
17227.15 Authority to involuntarily confine in hospital.
18No A person shall not be involuntarily confined and
19restrained in any private institution or hospital or county
20hospital facility or other general hospital with a psychiatric
21ward for the care or treatment of persons with mental illness,
22except by the procedure prescribed in sections 229.6 through
23229.15.
24 Sec. 515. Section 229.1, Code 2023, is amended to read as
25follows:
26229.1 Definitions.
27As used in this chapter, unless the context clearly requires
28otherwise:
291. “Administrator” means the administrator of the department
30of human services assigned, in accordance with section
31218.1, to control the state mental health institutes, or that
32administrator’s designee.
332. 1. “Advocate” means a mental health advocate.
343. 2. “Auditor” means the county auditor or the auditor’s
35designee.
-335- 14. 3. “Chemotherapy” means treatment of an individual by
2use of a drug or substance which cannot legally be delivered
3or administered to the ultimate user without a physician’s
4prescription or medical order.
55. 4. “Chief medical officer” means the medical director in
6charge of a public or private hospital, or that individual’s
7physician-designee. This chapter does not negate the authority
8otherwise reposed by law in the respective superintendents
9of each of the state hospitals for persons with mental
10illness health institutes, established by chapter 226, to
11make decisions regarding the appropriateness of admissions or
12discharges of patients of that hospital, state mental health
13institute; however, it is the intent of this chapter that if
14the superintendent is not a licensed physician the decisions by
15the superintendent shall be corroborated by the chief medical
16officer of the hospital mental health institute.
176. 5. “Clerk” means the clerk of the district court.
186. “Department” means the department of health and human
19services.
207. “Director” means the director of health and human
21services.
227. 8. “Hospital” means either a public hospital or a
23private hospital.
248. 9. “Licensed physician” means an individual licensed
25under the provisions of chapter 148 to practice medicine and
26surgery or osteopathic medicine and surgery.
279. 10. “Magistrate” means the same as defined in section
28801.4, subsection 10.
2910. 11. “Mental health and disability services region”
30means a mental health and disability services region formed in
31accordance with section 331.389.
3211. 12. “Mental health professional” means the same as
33defined in section 228.1.
3412. 13. “Mental illness” means every type of mental
35disease or mental disorder, except that it does not refer to
-336-1an intellectual disability as defined in section 4.1, or to
2insanity, diminished responsibility, or mental incompetency as
3the terms are defined and used in the Iowa criminal code or in
4the rules of criminal procedure, Iowa court rules.
513. 14. “Patient” means a person who has been hospitalized
6or ordered hospitalized to receive treatment pursuant to
7section 229.14.
814. 15. “Private hospital” means any hospital or
9institution facility not directly supported by public funds, or
10a part thereof of such hospital or facility, which is equipped
11and staffed to provide inpatient care to persons with mental
12illness.
1315. 16. “Psychiatric advanced registered nurse practitioner”
14means an individual currently licensed as a registered nurse
15under chapter 152 or 152E who holds a national certification in
16psychiatric mental health care and who is licensed by the board
17of nursing as an advanced registered nurse practitioner.
1816. 17. “Public hospital” means any of the following:
19a. A state mental health institute established by chapter
20226; or.
21b. The state psychiatric hospital established by chapter
22225; or.
23c. Any other publicly supported hospital or institution
24 facility, or part of such hospital or institution facility,
25which is equipped and staffed to provide inpatient care to
26persons with mental illness, except the Iowa medical and
27classification center established by chapter 904.
2817. 18. “Region” means a mental health and disability
29services region formed in accordance with section 331.389.
3018. 19. “Regional administrator” means the regional
31administrator of a mental health and disability services
32region, same as defined in section 331.388.
3319. 20. “Respondent” means any person against whom an
34application has been filed under section 229.6, but who has not
35been finally ordered committed for full-time custody, care, and
-337-1treatment in a hospital.
220. 21. “Serious emotional injury” is an injury which does
3not necessarily exhibit any physical characteristics, but which
4can be recognized and diagnosed by a licensed physician or
5other mental health professional and which can be causally
6connected with the act or omission of a person who is, or is
7alleged to be, mentally ill.
821. 22. “Seriously mentally impaired” or “serious mental
9impairment” describes the condition of a person with mental
10illness and because of that illness lacks sufficient judgment
11to make responsible decisions with respect to the person’s
12hospitalization or treatment, and who because of that illness
13meets any of the following criteria:
14a. Is likely to physically injure the person’s self or
15others if allowed to remain at liberty without treatment.
16b. Is likely to inflict serious emotional injury on
17members of the person’s family or others who lack reasonable
18opportunity to avoid contact with the person with mental
19illness if the person with mental illness is allowed to remain
20at liberty without treatment.
21c. Is unable to satisfy the person’s needs for nourishment,
22clothing, essential medical care, or shelter so that it is
23likely that the person will suffer physical injury, physical
24debilitation, or death.
25d. Has a history of lack of compliance with treatment and
26any of the following apply applies:
27(1) Lack of compliance has been a significant factor in the
28need for emergency hospitalization.
29(2) Lack of compliance has resulted in one or more acts
30causing serious physical injury to the person’s self or others
31or an attempt to physically injure the person’s self or others.
32 Sec. 516. Section 229.2, subsection 1, paragraph b,
33subparagraphs (1) and (2), Code 2023, are amended to read as
34follows:
35(1) Upon receipt of an application for voluntary admission
-338-1of a minor, the chief medical officer shall provide separate
2prescreening interviews and consultations with the parent,
3guardian, or custodian and the minor to assess the family
4environment and the appropriateness of the application for
5admission.
6(2) During the interview and consultation the chief medical
7officer shall inform the minor orally and in writing that the
8minor has a right to object to the admission. If the chief
9medical officer of the hospital to which application is made
10determines that the admission is appropriate but the minor
11objects to the admission, the parent, guardian, or custodian
12must petition the juvenile court for approval of the admission
13before the minor is actually admitted.
14 Sec. 517. Section 229.4, Code 2023, is amended to read as
15follows:
16229.4 Right to release on application.
17A voluntary patient who requests release or whose release
18is requested, in writing, by the patient’s legal guardian,
19parent, spouse, or adult next of kin shall be released from the
20hospital forthwith, except that in accordance with all of the
21following, as applicable:
221. If the patient was admitted on the patient’s own
23application and the request for release is made by some other
24person, release may be conditioned upon the agreement of the
25patient.
262. If the patient is a minor who was admitted on the
27application of the patient’s parent, guardian, or custodian
28pursuant to section 229.2, subsection 1, the patient’s release
29prior to becoming eighteen years of age may be conditioned upon
30the consent of the parent, guardian, or custodian, or upon the
31approval of the juvenile court if the admission was approved by
32the juvenile court; and.
333. If the chief medical officer of the hospital, not later
34than the end of the next secular day on which the office of
35the clerk of the district court for the county in which the
-339-1hospital is located is open and which follows the submission
2of the written request for release of the patient, files with
3that clerk a certification that in the chief medical officer’s
4opinion the patient is seriously mentally impaired, the release
5may be postponed for the period of time the court determines
6is necessary to permit commencement of judicial procedure
7for involuntary hospitalization. That period of time may
8not exceed five days, exclusive of days on which the clerk’s
9office is not open unless the period of time is extended by
10order of a district court judge for good cause shown. Until
11disposition of the application for involuntary hospitalization
12of the patient is determined, if one an application is timely
13filed, the chief medical officer may detain the patient in
14the hospital and may provide treatment which is necessary
15to preserve the patient’s life, or to appropriately control
16behavior by the patient which is likely to result in physical
17injury to the patient or to others if allowed to continue, but
18may not otherwise provide treatment to the patient without the
19patient’s consent.
20 Sec. 518. Section 229.6, subsection 1, Code 2023, is amended
21to read as follows:
221. Proceedings for the involuntary hospitalization of an
23individual pursuant to this chapter or for the involuntary
24commitment or treatment of a person with a substance-related
25 substance use disorder to a facility pursuant to chapter
26125 may be commenced by any interested person by filing a
27verified application with the clerk of the district court of
28the county where the respondent is presently located, or which
29is the respondent’s place of residence. The clerk, or the
30clerk’s designee, shall assist the applicant in completing the
31application.
32 Sec. 519. Section 229.6, subsection 2, paragraph a,
33subparagraph (1), Code 2023, is amended to read as follows:
34(1) A substance-related substance use disorder as defined
35in section 125.2.
-340-1 Sec. 520. Section 229.8, Code 2023, is amended to read as
2follows:
3229.8 Procedure after application is filed.
4As soon as practicable after the filing of an application
5pursuant to section 229.6, the court shall do all of the
6following:
71. Determine whether the respondent has an attorney
8who is able and willing to represent the respondent in the
9hospitalization proceeding, and if not, whether the respondent
10is financially able to employ an attorney and capable of
11meaningfully assisting in selecting one. In accordance with
12those determinations, the court shall if necessary allow the
13respondent to select, or shall assign to the respondent, an
14attorney. If the respondent is financially unable to pay an
15attorney, the attorney shall be compensated by the mental
16health and disability services region at an hourly rate to be
17established by the regional administrator for the county in
18which the proceeding is held in substantially the same manner
19as provided in section 815.7.
202. Cause copies of the application and supporting
21documentation to be sent to the county attorney or the county
22attorney’s attorney-designate for review.
233. Issue a written order which shall provide for all of the
24following:
25a. If not previously done, set a time and place for a
26hospitalization hearing, which shall be at the earliest
27practicable time not less than forty-eight hours after notice
28to the respondent, unless the respondent waives such minimum
29prior notice requirement; and.
30b. Order an examination of the respondent, prior to
31the hearing, by one or more licensed physicians or mental
32health professionals who shall submit a written report on the
33examination to the court as required by section 229.10.
34 Sec. 521. Section 229.11, subsection 1, Code 2023, is
35amended to read as follows:
-341- 11. If the applicant requests that the respondent be taken
2into immediate custody and the judge, upon reviewing the
3application and accompanying documentation, finds probable
4cause to believe that the respondent has a serious mental
5impairment and is likely to injure the respondent or other
6persons if allowed to remain at liberty, the judge may enter
7a written order directing that the respondent be taken into
8immediate custody by the sheriff or the sheriff’s deputy
9and be detained until the hospitalization hearing. The
10hospitalization hearing shall be held no more than five days
11after the date of the order, except that if the fifth day after
12the date of the order is a Saturday, Sunday, or a holiday, the
13hearing may be held on the next succeeding business day. If
14the expenses of a respondent are payable in whole or in part by
15a mental health and disability services region, for a placement
16in accordance with paragraph “a”, the judge shall give notice of
17the placement to the regional administrator for the county in
18which the court is located, and for a placement in accordance
19with paragraph “b” or “c”, the judge shall order the placement
20in a hospital or facility designated through the regional
21administrator. The judge may order the respondent detained for
22the period of time until the hearing is held, and no longer,
23in accordance with paragraph “a”, if possible, and if not then
24in accordance with paragraph “b”, or, only if neither of these
25alternatives is available, in accordance with paragraph “c”.
26Detention may be in any of the following:
27a. In the custody of a relative, friend, or other suitable
28person who is willing to accept responsibility for supervision
29of the respondent, and the respondent may be placed under
30such reasonable restrictions as the judge may order including
31but not limited to restrictions on or a prohibition of any
32expenditure, encumbrance, or disposition of the respondent’s
33funds or property; or.
34b. In a suitable hospital the chief medical officer of
35which shall be informed of the reasons why immediate custody
-342-1has been ordered and may provide treatment which is necessary
2to preserve the respondent’s life, or to appropriately control
3behavior by the respondent which is likely to result in
4physical injury to the respondent or to others if allowed
5to continue, but may not otherwise provide treatment to the
6respondent without the respondent’s consent; or.
7c. In the nearest facility in the community which is
8licensed to care for persons with mental illness or substance
9abuse use disorder, provided that detention in a jail or other
10facility intended for confinement of those accused or convicted
11of crime shall not be ordered.
12 Sec. 522. Section 229.13, subsection 1, paragraph b, Code
132023, is amended to read as follows:
14b. The court shall order any other respondent placed under
15the care of an appropriate hospital or facility licensed to
16care for persons with mental illness or substance abuse use
17disorder on an inpatient or outpatient basis.
18 Sec. 523. Section 229.15, subsections 4 and 5, Code 2023,
19are amended to read as follows:
204. When a patient has been placed in an alternative facility
21other than a hospital pursuant to a report issued under section
22229.14, subsection 1, paragraph “d”, a report on the patient’s
23condition and prognosis shall be made to the court which placed
24the patient, at least once every six months, unless the court
25authorizes annual reports. If an evaluation of the patient is
26performed pursuant to section 227.2, subsection 4, a copy of
27the evaluation report shall be submitted to the court within
28fifteen days of the evaluation’s completion. The court may
29in its discretion waive the requirement of an additional
30report between the annual evaluations. If the administrator
31 department exercises the authority to remove residents or
32patients from a county care facility or other county or private
33institution facility under section 227.6, the administrator
34 department shall promptly notify each court which placed in
35that facility any resident so or patient removed.
-343- 15. a. When in the opinion of the chief medical officer the
2best interest of a patient would be served by a convalescent
3or limited leave, the chief medical officer may authorize the
4leave and, if authorized, shall promptly report the leave to
5the court. When in the opinion of the chief medical officer
6the best interest of a patient would be served by a transfer
7to a different hospital for continued full-time custody, care,
8and treatment, the chief medical officer shall promptly send
9a report to the court. The court shall act upon the report in
10accordance with section 229.14A.
11b. This subsection shall not be construed to add to or
12restrict the authority otherwise provided by law for transfer
13of patients or residents among various state institutions
14administered by the department of human services. If a patient
15is transferred under this subsection, the treatment provider to
16whom the patient is transferred shall be provided with copies
17of relevant court orders by the former treatment provider.
18 Sec. 524. Section 229.19, subsection 1, paragraphs a and e,
19Code 2023, are amended to read as follows:
20a. In each county the board of supervisors shall appoint
21an individual who has demonstrated by prior activities an
22informed concern for the welfare and rehabilitation of persons
23with mental illness, and who is not an officer or employee
24of the department of human services, an officer or employee
25of a region, an officer or employee of a county performing
26duties for a region, or an officer or employee of any agency
27or facility providing care or treatment to persons with mental
28illness, to act as an advocate representing the interests of
29patients involuntarily hospitalized by the court, in any matter
30relating to the patients’ hospitalization or treatment under
31section 229.14 or 229.15.
32e. An advocate may also be assigned pursuant to this section
33for an individual who has been diagnosed with a co-occurring
34mental illness and substance-related substance use disorder.
35 Sec. 525. Section 229.21, Code 2023, is amended to read as
-344-1follows:
2229.21 Judicial hospitalization referee — appeals to
3district court.
41. The chief judge of each judicial district may appoint
5at least one judicial hospitalization referee for each county
6within the district. The judicial hospitalization referee
7shall be an attorney, licensed to practice law in this state,
8who shall be chosen with consideration to any training,
9experience, interest, or combination of those factors, which
10are pertinent to the duties of the office. The referee
11shall hold office at the pleasure of the chief judge of the
12judicial district and receive compensation at a rate fixed by
13the supreme court. If the referee expects to be absent for
14any significant length of time, the referee shall inform the
15chief judge who may appoint a temporary substitute judicial
16hospitalization referee having the qualifications set forth in
17this subsection.
182. When an application for involuntary hospitalization
19under section 229.6 or for involuntary commitment or treatment
20of persons with substance-related disorders a substance
21use disorder under section 125.75 is filed with the clerk
22of the district court in any county for which a judicial
23hospitalization referee has been appointed, and no district
24judge, district associate judge, or magistrate who is admitted
25to the practice of law in this state is accessible, the clerk
26shall immediately notify the referee in the manner required by
27section 229.7 or section 125.77. The referee shall discharge
28all of the duties imposed upon the court by sections 229.7
29through 229.19, this section, and section 229.22 or sections
30125.75 through 125.94 in the proceeding so initiated. Subject
31to the provisions of subsection 4, orders issued by a referee,
32in discharge of duties imposed under this section, shall have
33the same force and effect as if ordered by a district judge.
34However, any commitment to a facility regulated and operated
35under chapter 135C shall be in accordance with section 135C.23.
-345- 13. a. Any respondent with respect to whom the magistrate
2or judicial hospitalization referee has found the contention
3that the respondent is seriously mentally impaired or a person
4with a substance-related substance use disorder sustained by
5clear and convincing evidence presented at a hearing held
6under section 229.12 or section 125.82, may appeal from the
7magistrate’s or referee’s finding to a judge of the district
8court by giving the clerk notice in writing, within ten days
9after the magistrate’s or referee’s finding is made, that an
10appeal is taken. The appeal may be signed by the respondent or
11by the respondent’s next friend, guardian, or attorney.
12b. An order of a magistrate or judicial hospitalization
13referee with a finding that the respondent is seriously
14mentally impaired or a person with a substance-related
15 substance use disorder shall include the following notice,
16located conspicuously on the face of the order:
17NOTE: The respondent may appeal from this order to a judge of
18the district court by giving written notice of the appeal to
19the clerk of the district court within ten days after the date
20of this order. The appeal may be signed by the respondent or
21by the respondent’s next friend, guardian, or attorney. For a
22more complete description of the respondent’s appeal rights,
23consult section 229.21 of the Code of Iowa or an attorney.
24c. When appealed, the matter shall stand for trial de novo.
25Upon appeal, the court shall schedule a hospitalization or
26commitment hearing before a district judge at the earliest
27practicable time.
28d. Any respondent with respect to whom the magistrate or
29judicial hospitalization referee has held a placement hearing
30and has entered a placement order may appeal the order to a
31judge of the district court. The request for appeal must be
32given to the clerk in writing within ten days of the entry of
33the magistrate’s or referee’s order. The request for appeal
34shall be signed by the respondent, or the respondent’s next
35friend, guardian, or attorney.
-346- 14. If the appellant is in custody under the jurisdiction
2of the district court at the time of service of the notice of
3appeal, the appellant shall be discharged from custody unless
4an order that the appellant be taken into immediate custody has
5previously been issued under section 229.11 or section 125.81,
6in which case the appellant shall be detained as provided in
7that section until the hospitalization or commitment hearing
8before the district judge. If the appellant is in the custody
9of a hospital or facility at the time of service of the notice
10of appeal, the appellant shall be discharged from custody
11pending disposition of the appeal unless the chief medical
12officer, not later than the end of the next secular day on
13which the office of the clerk is open and which follows service
14of the notice of appeal, files with the clerk a certification
15that in the chief medical officer’s opinion the appellant is
16seriously mentally ill or a person with a substance-related
17 substance use disorder. In that case, the appellant shall
18remain in custody of the hospital or facility until the
19hospitalization or commitment hearing before the district
20court.
215. The hospitalization or commitment hearing before the
22district judge shall be held, and the judge’s finding shall
23be made and an appropriate order entered, as prescribed by
24sections 229.12 and 229.13 or sections 125.82 and 125.83.
25If the judge orders the appellant hospitalized or committed
26for a complete psychiatric or substance abuse use disorder
27 evaluation, jurisdiction of the matter shall revert to the
28judicial hospitalization referee.
29 Sec. 526. Section 229.23, subsection 3, Code 2023, is
30amended to read as follows:
313. In addition to protection of the person’s constitutional
32rights, enjoyment of other legal, medical, religious, social,
33political, personal and working rights and privileges which
34the person would enjoy if the person were not so hospitalized
35or detained, so far as is possible consistent with effective
-347-1treatment of that person and of the other patients of the
2hospital. If the patient’s rights are restricted, the
3physician’s or mental health professional’s direction to
4that effect shall be noted on the patient’s record. The
5department of human services shall, in accordance with chapter
617A establish rules setting forth the specific rights and
7privileges to which persons so hospitalized or detained are
8entitled under this section, and the exceptions provided by
9section 17A.2, subsection 11, paragraphs “a” and “k”, shall not
10be applicable to the rules so established. The patient or the
11patient’s next of kin or friend shall be advised of these rules
12and be provided a written copy upon the patient’s admission to
13or arrival at the hospital.
14 Sec. 527. Section 229.24, subsection 1, Code 2023, is
15amended to read as follows:
161. All papers and records pertaining to any involuntary
17hospitalization or application pursuant to section 229.6 of any
18person under this chapter, whether part of the permanent record
19of the court or of a file in the department of human services,
20are subject to inspection only upon an order of the court for
21good cause shown.
22 Sec. 528. Section 229.26, Code 2023, is amended to read as
23follows:
24229.26 Exclusive procedure for involuntary hospitalization.
25Sections 229.6 through 229.19 constitute the exclusive
26procedure for involuntary hospitalization of persons by reason
27of serious mental impairment in this state, except that this
28chapter does not negate the provisions of section 904.503
29relating to transfer of prisoners with mental illness to state
30hospitals for persons with mental illness health institutes and
31does not apply to commitments of persons under chapter 812 or
32the rules of criminal procedure, Iowa court rules, or negate
33the provisions of section 232.51 relating to disposition of
34children with mental illness.
35 Sec. 529. Section 229.27, subsection 3, Code 2023, is
-348-1amended to read as follows:
23. A hearing limited to the question of the person’s
3competence and conducted in substantially the manner prescribed
4in sections 633.552, 633.556, 633.558, and 633.560 shall be
5held when any of the following circumstances applies:
6a. The court is petitioned or proposes upon its own motion
7to find incompetent by reason of mental illness a person whose
8involuntary hospitalization has been ordered under section
9229.13 or 229.14, and who contends that the person is not
10incompetent; or.
11b. A person previously found incompetent by reason of mental
12illness under subsection 2 petitions the court for a finding
13that the person is no longer incompetent and, after notice to
14the applicant who initiated the petition for hospitalization
15of the person and to any other party as directed by the court,
16an objection is filed with the court. The court may order a
17hearing on its own motion before acting on a petition filed
18under this paragraph. A petition by a person for a finding
19that the person is no longer incompetent may be filed at any
20time without regard to whether the person is at that time
21hospitalized for treatment of mental illness.
22 Sec. 530. Section 229.41, Code 2023, is amended to read as
23follows:
24229.41 Voluntary admission — state mental health institute.
25Persons making application pursuant to section 229.2 on
26their own behalf or on behalf of another person who is under
27eighteen years of age, if the person whose admission is sought
28is received for observation and treatment on the application,
29shall be required to pay the costs of hospitalization at rates
30established by the administrator department. The costs may
31be collected weekly in advance and shall be payable at to the
32business office of the hospital state mental health institute.
33The collections shall be remitted to the department of human
34services monthly to be credited to the general fund of the
35state.
-349-1 Sec. 531. Section 229.42, Code 2023, is amended to read as
2follows:
3229.42 Costs paid by county — state mental health institute.
41. If a person wishing to make application for voluntary
5admission to a state mental hospital established by chapter 226
6health institute is unable to pay the costs of hospitalization
7or those responsible for the person are unable to pay the
8costs, application for authorization of voluntary admission
9must be made through a regional administrator before
10application for admission is made to the hospital state mental
11health institute. The person’s county of residence shall
12be determined through the regional administrator and if the
13admission is approved through the regional administrator, the
14person’s admission to a state mental health hospital institute
15 shall be authorized as a voluntary case. The authorization
16shall be issued on forms provided by the department of human
17services’ administrator. The costs of the hospitalization
18shall be paid by the county of residence through the regional
19administrator to the department of human services and credited
20to the general fund of the state, provided that the state
21 mental health hospital institute rendering the services has
22certified to the county auditor of the county of residence and
23the regional administrator the amount chargeable to the mental
24health and disability services region and has sent a duplicate
25statement of the charges to the department of human services.
26A mental health and disability services region shall not be
27billed for the cost of a patient unless the patient’s admission
28is authorized through the regional administrator. The state
29 mental health institute and the regional administrator shall
30work together to locate appropriate alternative placements
31and services, and to educate patients and family members of
32patients regarding such alternatives.
332. All the provisions of chapter 230 shall apply to such the
34 voluntary patients so far as is to the extent applicable.
353. The provisions of this section and of section 229.41
-350-1shall apply to all voluntary inpatients or outpatients
2receiving mental health services either away from or at the
3institution state mental health institute.
44. If a county fails to pay the billed charges within
5forty-five days from the date the county auditor received the
6certification statement from the superintendent, the department
7of human services shall charge the delinquent county the
8penalty of one percent per month on and after forty-five days
9from the date the county received the certification statement
10until paid. The penalties received shall be credited to the
11general fund of the state.
12 Sec. 532. Section 229.43, Code 2023, is amended to read as
13follows:
14229.43 Nonresident patients — state mental health
15institutes.
16The administrator department may place patients of state
17 mental health institutes who are nonresidents on convalescent
18leave to a private sponsor or in a health care facility
19licensed under chapter 135C, when in the opinion of the
20administrator director the placement is in the best interests
21of the patient and the state of Iowa. If the patient was
22involuntarily hospitalized, the district court which ordered
23hospitalization of the patient must shall be informed when the
24patient is placed on convalescent leave, as required by section
25229.15, subsection 5.
26 Sec. 533. Section 229.45, unnumbered paragraph 1, Code
272023, is amended to read as follows:
28The department of human services, in consultation with
29the office of attorney general, shall develop a summary of
30the procedures involved in an involuntary commitment and
31information concerning the participation of an applicant in the
32proceedings. The summary shall be provided by the department,
33at the department’s expense, to the clerks of the district
34court who shall make the summary available to all applicants
35prior to the filing of a verified application, or to any other
-351-1person upon request, and who shall attach a copy of the summary
2to the notice of hearing which is served upon the respondent
3under section 125.77 or 229.7. The summary may include, but is
4not limited to, the following:
5 Sec. 534. Section 229A.2, Code 2023, is amended to read as
6follows:
7229A.2 Definitions.
8As used in this chapter:
91. “Agency with jurisdiction” means an agency which has
10custody of or releases a person serving a sentence or term
11of confinement or is otherwise in confinement based upon a
12lawful order or authority, and includes but is not limited to
13the department of corrections, the department of health and
14 human services, a judicial district department of correctional
15services, and the Iowa board of parole.
162. “Appropriate secure facility” means a state facility that
17is designed to confine but not necessarily to treat a sexually
18violent predator.
193. “Convicted” means found guilty of, pleads guilty
20to, or is sentenced or adjudicated delinquent for an act
21which is an indictable offense in this state or in another
22jurisdiction including in a federal, military, tribal, or
23foreign court, including but not limited to a juvenile who has
24been adjudicated delinquent, whether or not the juvenile court
25records have been sealed under section 232.150, and a person
26who has received a deferred sentence or a deferred judgment
27or has been acquitted by reason of insanity. “Convicted”
28includes the conviction of a juvenile prosecuted as an adult.
29“Convicted” also includes a conviction for an attempt or
30conspiracy to commit an offense. “Convicted” does not mean a
31plea, sentence, adjudication, deferred sentence, or deferred
32judgment which has been reversed or otherwise set aside.
334. “Department” means the department of health and human
34services.
355. “Director” means the director of health and human
-352-1services.
24. 6. “Discharge” means an unconditional discharge from the
3sexually violent predator program. A person released from a
4secure facility into a transitional release program or released
5with supervision is not considered to be discharged.
65. 7. “Likely to engage in predatory acts of sexual
7violence” means that the person more likely than not will
8engage in acts of a sexually violent nature. If a person is
9not confined at the time that a petition is filed, a person is
10“likely to engage in predatory acts of sexual violence” only if
11the person commits a recent overt act.
126. 8. “Mental abnormality” means a congenital or acquired
13condition affecting the emotional or volitional capacity of a
14person and predisposing that person to commit sexually violent
15offenses to a degree which would constitute a menace to the
16health and safety of others.
177. 9. “Predatory” means acts directed toward a person with
18whom a relationship has been established or promoted for the
19primary purpose of victimization.
208. 10. “Presently confined” means incarceration or
21detention in a correctional facility, a rehabilitation camp,
22a residential facility, a county jail, a halfway house, or
23any other comparable facility, including but not limited to
24placement at such a facility as a condition of probation,
25parole, or special sentence following conviction for a sexually
26violent offense.
279. 11. “Recent overt act” means any act that has either
28caused harm of a sexually violent nature or creates a
29reasonable apprehension of such harm.
3010. 12. “Safekeeper” means a person who is confined in an
31appropriate secure facility pursuant to this chapter but who is
32not subject to an order of commitment pursuant to this chapter.
3311. 13. “Sexually motivated” means that one of the
34purposes for commission of a crime is the purpose of sexual
35gratification of the perpetrator of the crime.
-353- 112. 14. “Sexually violent offense” means:
2a. A violation of any provision of chapter 709.
3b. A violation of any of the following if the offense
4involves sexual abuse, attempted sexual abuse, or intent to
5commit sexual abuse:
6(1) Murder as defined in section 707.1.
7(2) Kidnapping as defined in section 710.1.
8(3) Burglary as defined in section 713.1.
9(4) Child endangerment under section 726.6, subsection 1,
10paragraph “e”.
11c. Sexual exploitation of a minor in violation of section
12728.12.
13d. Pandering involving a minor in violation of section
14725.3, subsection 2.
15e. An offense involving an attempt or conspiracy to commit
16any offense referred to in this subsection.
17f. An offense under prior law of this state or an offense
18committed in another jurisdiction which would constitute an
19equivalent offense under paragraphs “a” through “e”.
20g. Any act which, either at the time of sentencing for the
21offense or subsequently during civil commitment proceedings
22pursuant to this chapter, has been determined beyond a
23reasonable doubt to have been sexually motivated.
2413. 15. “Sexually violent predator” means a person who has
25been convicted of or charged with a sexually violent offense
26and who suffers from a mental abnormality which makes the
27person likely to engage in predatory acts constituting sexually
28violent offenses, if not confined in a secure facility.
2914. 16. “Transitional release” means a conditional release
30from a secure facility operated by the department of human
31services with the conditions of such release set by the court
32or the department of human services.
33 Sec. 535. Section 229A.5C, subsections 3 and 4, Code 2023,
34are amended to read as follows:
353. A person who is subject to an order of civil commitment
-354-1under this chapter shall not be released from jail or paroled
2or released to a facility or program located outside the
3county jail or correctional institution other than to a secure
4facility operated by the department of human services.
54. A person who committed a public offense while in a
6transitional release program or on release with supervision may
7be returned to a secure facility operated by the department of
8human services upon completion of any term of confinement that
9resulted from the commission of the public offense.
10 Sec. 536. Section 229A.6A, subsection 1, paragraph b, Code
112023, is amended to read as follows:
12b. To a medical facility for medical treatment, if necessary
13medical treatment is not available at the facility where the
14person is confined. A transport order is not required to
15transport the person for medical treatment. However, the
16person is not entitled to choose the medical facility where
17treatment is to be obtained or the medical personnel to provide
18the treatment. Transportation of a committed person shall be
19provided by the sheriff of the county in which the person is
20confined if requested by the department of human services.
21 Sec. 537. Section 229A.7, subsection 5, paragraph b, Code
222023, is amended to read as follows:
23b. If the court or jury determines that the respondent is a
24sexually violent predator, the respondent shall be committed
25to the custody of the director of the department of human
26services for control, care, and treatment until such time as
27the person’s mental abnormality has so changed that the person
28is safe to be placed in a transitional release program or
29discharged. The determination may be appealed.
30 Sec. 538. Section 229A.7, subsection 7, Code 2023, is
31amended to read as follows:
327. The control, care, and treatment of a person determined
33to be a sexually violent predator shall be provided at a
34facility operated by the department of human services. At all
35times prior to placement in a transitional release program
-355-1or release with supervision, persons committed for control,
2care, and treatment by the department of human services
3 pursuant to this chapter shall be kept in a secure facility
4and those patients shall be segregated at all times from any
5other patient under the supervision of the department of human
6services. A person committed pursuant to this chapter to
7the custody of the department of human services may be kept
8in a facility or building separate from any other patient
9under the supervision of the department of human services.
10The department of human services may enter into a chapter
1128E agreement with the department of corrections or other
12appropriate agency in this state or another state for the
13confinement of patients who have been determined to be sexually
14violent predators. Patients who are in the custody of the
15director of the department of corrections pursuant to a chapter
1628E agreement and who have not been placed in a transitional
17release program or released with supervision shall be housed
18and managed separately from criminal offenders in the custody
19of the director of the department of corrections, and except
20for occasional instances of supervised incidental contact,
21shall be segregated from those offenders.
22 Sec. 539. Section 229A.8, subsection 4, Code 2023, is
23amended to read as follows:
244. Nothing contained in this chapter shall prohibit the
25person from otherwise petitioning the court for discharge or
26placement in a transitional release program at the annual
27review. The director of human services department shall
28provide the committed person with an annual written notice
29of the person’s right to petition the court for discharge
30or placement in a transitional release program without
31authorization from the director. The notice shall contain a
32waiver of rights. The director department shall forward the
33notice and waiver form to the court with the annual report.
34 Sec. 540. Section 229A.8, subsection 5, paragraphs f and g,
35Code 2023, are amended to read as follows:
-356- 1f. If at the time for the annual review the committed
2person has filed a petition for discharge or placement in
3a transitional release program with authorization from the
4director of human services, the court shall set a final hearing
5within ninety days of the authorization by the director, and
6no annual review shall be held.
7g. If the committed person has not filed a petition, or
8has filed a petition for discharge or for placement in a
9transitional release program without authorization from the
10director of human services, the court shall first conduct the
11annual review as provided in this subsection.
12 Sec. 541. Section 229A.8, subsection 6, paragraph e, Code
132023, is amended to read as follows:
14e. If the director of human services has authorized the
15committed person to petition for discharge or for placement
16in a transitional release program and the case is before a
17jury, testimony by a victim of a prior sexually violent offense
18committed by the person is not admissible. If the director has
19not authorized the petition or the case is before the court,
20testimony by a victim of a sexually violent offense committed
21by the person may be admitted.
22 Sec. 542. Section 229A.8A, subsections 1, 6, and 7, Code
232023, are amended to read as follows:
241. The department of human services is authorized to may
25 establish a transitional release program and provide control,
26care, and treatment, and supervision of committed persons
27placed in such a program.
286. The department of human services shall be responsible
29for establishing and implementing the rules and directives
30regarding the location of the transitional release program,
31staffing needs, restrictions on confinement and the movement of
32committed persons, and for assessing the progress of committed
33persons in the program. The court may also impose conditions
34on a committed person placed in the program.
357. The department of human services may contract with
-357-1other government or private agencies, including the department
2of corrections, to implement and administer the transitional
3release program.
4 Sec. 543. Section 229A.8B, subsections 2 and 3, Code 2023,
5are amended to read as follows:
62. If a committed person absconds from a transitional
7release program in violation of the rules or directives, a
8presumption arises that the person poses a risk to public
9safety. The department of human services, in cooperation with
10local law enforcement agencies, may make a public announcement
11about the absconder. The public announcement may include
12a description of the committed person, that the person is
13in transitional release from the sexually violent predator
14program, and any other information important to public safety.
153. Upon the return of the committed person to a secure
16facility, the director of human services or the director’s
17designee shall notify the court that issued the ex parte order
18that the absconder has been returned to a secure facility,
19and the court shall set a hearing to determine if a violation
20occurred. If a court order was not issued, the director or
21the director’s designee shall contact the nearest district
22court with jurisdiction to set a hearing to determine whether a
23violation of the rules or directives occurred. The court shall
24schedule a hearing after receiving notice that the committed
25person has been returned from the transitional release program
26to a secure facility.
27 Sec. 544. Section 229A.9A, subsections 2, 3, and 8, Code
282023, are amended to read as follows:
292. If release with supervision is ordered, the department
30of human services shall prepare within sixty days of the order
31of the court a release plan addressing the person’s needs for
32counseling, medication, community support services, residential
33services, vocational services, alcohol or other drug abuse
34 substance use disorder treatment, sex offender treatment, or
35any other treatment or supervision necessary.
-358- 13. The court shall set a hearing on the release plan
2prepared by the department of human services before the
3committed person is released from a secure facility or a
4transitional release program.
58. The court shall retain jurisdiction over the committed
6person who has been released with supervision until the person
7is discharged from the program. The department of human
8services or a judicial district department of correctional
9services shall not be held liable for any acts committed
10by a committed person who has been ordered released with
11supervision.
12 Sec. 545. Section 229A.9B, subsections 2, 3, and 5, Code
132023, are amended to read as follows:
142. If a committed person has absconded in violation of the
15conditions of the person’s release plan, a presumption arises
16that the person poses a risk to public safety. The department
17of human services or contracting agency, in cooperation with
18local law enforcement agencies, may make a public announcement
19about the absconder. The public announcement may include a
20description of the committed person, that the committed person
21is on release with supervision from the sexually violent
22predator program, and any other information pertinent to public
23safety.
243. Upon the return of the committed person to a secure
25facility, the director of human services or the director’s
26designee shall notify the court that issued the ex parte
27order that the committed person has been returned to a secure
28facility, and the court shall set hearing to determine if a
29violation occurred. If a court order was not issued, the
30director or the director’s designee shall contact the nearest
31district court with jurisdiction to set a hearing to determine
32whether a violation of the conditions of the release plan
33occurred. The court shall schedule a hearing after receiving
34notice that the committed person has been returned to a secure
35facility.
-359- 15. If the court determines a violation occurred, the court
2shall receive release recommendations from the department of
3human services and either order that the committed person
4be returned to release with supervision or placed in a
5transitional release program, or be confined in a secure
6facility. The court may impose further conditions upon the
7committed person if returned to release with supervision or
8placed in the transitional release program. If the court
9determines no violation occurred, the committed person shall be
10returned to release with supervision.
11 Sec. 546. Section 229A.10, subsection 1, Code 2023, is
12amended to read as follows:
131. If the director of human services determines that the
14person’s mental abnormality has so changed that the person is
15not likely to engage in predatory acts that constitute sexually
16violent offenses if discharged, the director shall authorize
17the person to petition the court for discharge. The petition
18shall be served upon the court and the attorney general. The
19court, upon receipt of the petition for discharge, shall order
20a hearing within thirty days. The attorney general shall
21represent the state, and shall have the right to have the
22petitioner examined by an expert or professional person of
23the attorney general’s choice. The hearing shall be before
24a jury if demanded by either the petitioner or the attorney
25general. If the attorney general objects to the petition for
26discharge, the burden of proof shall be upon the attorney
27general to show beyond a reasonable doubt that the petitioner’s
28mental abnormality or personality disorder remains such that
29the petitioner is likely to engage in predatory acts that
30constitute sexually violent offenses if discharged.
31 Sec. 547. Section 229A.11, Code 2023, is amended to read as
32follows:
33229A.11 Subsequent discharge or transitional release
34petitions — limitations.
35Nothing in this chapter shall prohibit a person from filing
-360-1a petition for discharge or placement in a transitional release
2program, pursuant to this chapter. However, if a person has
3previously filed a petition for discharge or for placement
4in a transitional release program without the authorization
5of the director of human services, and the court determines
6either upon review of the petition or following a hearing that
7the petition was frivolous or that the petitioner’s condition
8had not so changed that the person was not likely to engage
9in predatory acts constituting sexually violent offenses
10if discharged, or was not suitable for placement in the
11transitional release program, then the court shall summarily
12deny the subsequent petition unless the petition contains facts
13upon which a court could find the condition of the petitioner
14had so changed that a hearing was warranted. Upon receipt of a
15first or subsequent petition from a committed person without
16the director’s authorization, the court shall endeavor whenever
17possible to review the petition and determine if the petition
18is based upon frivolous grounds. If the court determines that
19a petition is frivolous, the court shall dismiss the petition
20without a hearing.
21 Sec. 548. Section 229A.12, Code 2023, is amended to read as
22follows:
23229A.12 Director of human services — responsibility for
24costs — reimbursement.
25The director of human services shall be responsible for
26all costs relating to the evaluation, treatment, and services
27provided to a person that are incurred after the person is
28committed to the director’s custody after the court or jury
29determines that the respondent is a sexually violent predator
30and pursuant to commitment under any provision of this chapter.
31If placement in a transitional release program or supervision
32is ordered, the director shall also be responsible for all
33costs related to the transitional release program or to the
34supervision and treatment of any person. Reimbursement may
35be obtained by the director from the patient and any person
-361-1legally liable or bound by contract for the support of the
2patient for the cost of confinement or of care and treatment
3provided. To the extent allowed by the United States social
4security administration, any benefit payments received by the
5person pursuant to the federal Social Security Act shall be
6used for the costs incurred. As used in this section, “any
7person legally liable” does not include a political subdivision.
8 Sec. 549. Section 229A.15B, Code 2023, is amended to read
9as follows:
10229A.15B Rulemaking authority.
11The department of human services shall adopt rules pursuant
12to chapter 17A necessary to administer this chapter.
13 Sec. 550. Section 230.1, Code 2023, is amended to read as
14follows:
15230.1 Definitions.
16As used in this chapter, unless the context otherwise
17requires:
181. “Administrator” means the administrator of the department
19of human services assigned, in accordance with section
20218.1, to control the state mental health institutes, or that
21administrator’s designee.
222. 1. “Book”, “list”, “record”, or “schedule” kept by a
23county auditor, assessor, treasurer, recorder, sheriff, or
24other county officer means the county system as defined in
25section 445.1.
263. 2. “Department” means the department of health and human
27services.
283. “Director” means the director of health and human
29services.
304. “Region” means a mental health and disability services
31region formed in accordance with section 331.389.
325. “Regional administrator” means the same as defined in
33section 331.388.
346. “State mental health institute” or “mental health
35institute” means a mental health institute designated in section
-362-1226.1.
2 Sec. 551. Section 230.1A, Code 2023, is amended to read as
3follows:
4230.1A Liability of county and state.
51. The necessary and legal costs and expenses attending
6 for the taking into custody, care, investigation, admission,
7commitment, and support of a person with mental illness
8admitted or committed to a state hospital mental health
9institute shall be paid by the regional administrator on behalf
10of the person’s county of residence or by the state as follows:
11a. If the person is eighteen years of age or older, as
12follows:
13(1) The costs attributed to mental illness shall be paid by
14the regional administrator on behalf of the person’s county of
15residence.
16(2) The costs attributed to a substance-related substance
17use disorder shall be paid by the person’s county of residence.
18(3) The costs attributable to a dual diagnosis of mental
19illness and a substance-related substance use disorder may be
20split divided as provided in section 226.9C.
21b. By the state if such person has no residence in this
22state, if the person’s residence is unknown, or if the person
23is under eighteen years of age.
242. The county of residence of any person with mental
25illness who is a patient of any state institution mental health
26institute shall be the person’s county of residence existing at
27the time of admission to the institution institute.
283. A region or county of residence is not liable for
29costs and expenses associated with a person with mental
30illness unless the costs and expenses are for services and
31other support authorized for the person through the regional
32administrator for the county.
33 Sec. 552. Section 230.5, Code 2023, is amended to read as
34follows:
35230.5 Nonresidents.
-363- 1If a person’s residence is determined in accordance with
2section 230.2 or 230.3 to be in a foreign state or country,
3or is unknown, the court or the regional administrator of the
4person’s county of residence shall immediately certify the
5determination to the department’s administrator department.
6The certification shall be accompanied by a copy of the
7evidence supporting the determination. A court order issued
8pursuant to section 229.13 shall direct that the patient be
9hospitalized at the appropriate state hospital for persons with
10 mental illness health institute.
11 Sec. 553. Section 230.6, Code 2023, is amended to read as
12follows:
13230.6 Investigation by administrator department.
14The administrator department shall immediately investigate
15the residency of a patient and proceed as follows:
161. If the administrator department concurs with a certified
17determination of residency concerning the patient, the
18administrator department shall cause the patient either to
19be transferred to a state hospital for persons with mental
20illness health institute at the expense of the state, or to be
21transferred, with approval of the court as required by chapter
22229, to the place of foreign residence.
232. If the administrator department disputes a certified
24legal residency determination, the administrator department
25 shall order the patient to be maintained at a state hospital
26for persons with mental illness health institute at the expense
27of the state until the dispute is resolved.
283. If the administrator department disputes a residency
29determination, the administrator department shall utilize the
30procedure provided in section 331.394 to resolve the dispute.
31A determination of the person’s residency status made pursuant
32to section 331.394 is conclusive.
33 Sec. 554. Section 230.7, Code 2023, is amended to read as
34follows:
35230.7 Transfer of nonresidents.
-364- 1Upon determining that a patient in a state hospital mental
2health institute who has been involuntarily hospitalized under
3chapter 229 or admitted voluntarily at public expense was
4not a resident of this state at the time of the involuntary
5hospitalization or admission, the administrator director or
6director’s designee may cause that the patient to be conveyed
7to the patient’s place of residence. However, a transfer
8under this section may be made only if the patient’s condition
9so permits and other reasons do not render the transfer
10inadvisable. If the patient was involuntarily hospitalized,
11prior approval of the transfer must shall be obtained from the
12court which ordered the patient hospitalized.
13 Sec. 555. Section 230.8, Code 2023, is amended to read as
14follows:
15230.8 Transfers of persons with mental illness — expenses.
16The transfer to any state hospitals mental health institute
17 or to the places of their residence of persons with mental
18illness who have no residence in this state or whose residence
19is unknown, shall be made according to the directions of the
20administrator department, and when practicable by employees
21of the state hospitals mental health institutes. The actual
22and necessary expenses of such transfers shall be paid by the
23department on itemized vouchers sworn to by the claimants and
24approved by the administrator director.
25 Sec. 556. Section 230.9, Code 2023, is amended to read as
26follows:
27230.9 Subsequent discovery of residence.
28If, after a person has been received by a state hospital for
29persons with mental illness health institute whose residence is
30supposed to be outside this state, the administrator department
31 determines that the residence of the person was, at the time
32of admission or commitment, in a county of this state, the
33administrator department shall certify the determination
34and charge all legal costs and expenses pertaining to the
35admission or commitment and support of the person to the
-365-1regional administrator of the person’s county of residence.
2The certification shall be sent to the regional administrator
3of the person’s county of residence. The certification
4shall be accompanied by a copy of the evidence supporting the
5determination. The costs and expenses shall be collected as
6provided by law in other cases. If the person’s residency
7status has been determined in accordance with section 331.394,
8the legal costs and expenses shall be charged in accordance
9with that determination.
10 Sec. 557. Section 230.10, Code 2023, is amended to read as
11follows:
12230.10 Payment of costs.
13All legal costs and expenses attending for the taking into
14custody, care, investigation, and admission or commitment of
15a person to a state hospital for persons with mental illness
16 health institute under a finding that the person has residency
17in another county of this state shall be charged against the
18regional administrator of the person’s county of residence.
19 Sec. 558. Section 230.11, Code 2023, is amended to read as
20follows:
21230.11 Recovery of costs from state.
22Costs and expenses attending for the taking into custody,
23care, and investigation of a person who has been admitted
24or committed to a state hospital mental health institute,
25United States department of veterans affairs hospital, or
26other agency of the United States government, for persons with
27mental illness and who has no residence in this state or whose
28residence is unknown, including cost of commitment, if any,
29shall be paid as approved by the administrator department. The
30amount of the costs and expenses approved by the administrator
31 department is appropriated to the department from any moneys in
32the state treasury not otherwise appropriated. Payment shall
33be made by the department on itemized vouchers executed by the
34regional administrator of the person’s county which has paid
35them, and approved by the administrator department.
-366-1 Sec. 559. Section 230.12, Code 2023, is amended to read as
2follows:
3230.12 Residency disputes.
4If a dispute arises between different counties or between
5the administrator department and a regional administrator for a
6county as to the residence of a person admitted or committed
7to a state hospital for persons with mental illness health
8institute, the dispute shall be resolved as provided in section
9331.394.
10 Sec. 560. Section 230.15, Code 2023, is amended to read as
11follows:
12230.15 Personal liability.
131. A person with mental illness and a person legally liable
14for the person’s support remain liable for the support of
15the person with mental illness as provided in this section.
16Persons legally liable for the support of a person with mental
17illness include the spouse of the person, and any person
18bound by contract for support of the person. The regional
19administrator of the person’s county of residence, subject to
20the direction of the region’s governing board, shall enforce
21the obligation created in this section as to all sums advanced
22by the regional administrator. The liability to the regional
23administrator incurred by a person with mental illness or a
24person legally liable for the person’s support under this
25section is limited to an amount equal to one hundred percent
26of the cost of care and treatment of the person with mental
27illness at a state mental health institute for one hundred
28twenty days of hospitalization. This limit of liability may
29be reached by payment of the cost of care and treatment of the
30person with mental illness subsequent to a single admission
31or multiple admissions to a state mental health institute
32or, if the person is not discharged as cured, subsequent to
33a single transfer or multiple transfers to a county care
34facility pursuant to section 227.11. After reaching this
35limit of liability, a person with mental illness or a person
-367-1legally liable for the person’s support is liable to the
2regional administrator for the care and treatment of the person
3with mental illness at a state mental health institute or,
4if transferred but not discharged as cured, at a county care
5facility in an amount not in excess of the average minimum
6cost of the maintenance of an individual who is physically and
7mentally healthy residing in the individual’s own home, which
8standard shall be established and may from time to time be
9revised by the department of human services. A lien imposed
10by section 230.25 shall not exceed the amount of the liability
11which may be incurred under this section on account of a person
12with mental illness.
132. A person with a substance-related substance use
14 disorder is legally liable for the total amount of the cost of
15providing care, maintenance, and treatment for the person with
16a substance-related substance use disorder while a voluntary
17or committed patient. When a portion of the cost is paid
18by a county, the person with a substance-related substance
19use disorder is legally liable to the county for the amount
20paid. The person with a substance-related substance use
21 disorder shall assign any claim for reimbursement under any
22contract of indemnity, by insurance or otherwise, providing
23for the person’s care, maintenance, and treatment in a state
24hospital mental health institute to the state. Any payments
25received by the state from or on behalf of a person with a
26substance-related substance use disorder shall be in part
27credited to the county in proportion to the share of the costs
28paid by the county.
293. Nothing in this section shall be construed to prevent
30a relative or other person from voluntarily paying the full
31actual cost or any portion of the care and treatment of any
32person with mental illness or a substance-related substance use
33 disorder as established by the department of human services.
34 Sec. 561. Section 230.18, Code 2023, is amended to read as
35follows:
-368- 1230.18 Expense in county or private hospitals facility.
2The estates of persons with mental illness who may be
3treated or confined in any county hospital or home, or in any
4 private hospital or sanatorium facility, and the estates of
5persons legally bound for their support, shall be liable to the
6regional administrator of the person’s county of residence for
7the reasonable cost of such support.
8 Sec. 562. Section 230.19, Code 2023, is amended to read as
9follows:
10230.19 Nonresidents liable to state — presumption.
11The estates of all nonresident patients provided for and
12treated in state hospitals for persons with mental illness
13 health institutes in this state, and all persons legally bound
14for the support of such patients, shall be liable to the
15state for the reasonable value of the care, maintenance, and
16treatment of such patients while in such hospitals institutes.
17The certificate of the superintendent of the state hospital
18 mental health institute in which any nonresident is or has been
19a patient, showing the amounts drawn from the state treasury or
20due therefrom as provided by law on account of such nonresident
21patient, shall be presumptive evidence of the reasonable value
22of the care, maintenance, and treatment furnished such patient.
23 Sec. 563. Section 230.20, subsection 1, paragraph a,
24subparagraph (1), Code 2023, is amended to read as follows:
25(1) The costs of food, lodging, and other maintenance
26provided to persons not patients of the hospital state mental
27health institute.
28 Sec. 564. Section 230.20, subsection 7, Code 2023, is
29amended to read as follows:
307. A superintendent of a mental health institute may request
31that the director of human services enter into a contract
32with a person for the mental health institute to provide
33consultation or treatment services or for fulfilling other
34purposes which are consistent with the purposes stated in
35section 226.1. The contract provisions shall include charges
-369-1which reflect the actual cost of providing the services or
2fulfilling the other purposes. Any income from a contract
3authorized under this subsection may be retained by the
4mental health institute to defray the costs of providing the
5services. Except for a contract voluntarily entered into by a
6county under this subsection, the costs or income associated
7with a contract authorized under this subsection shall not
8be considered in computing charges and per diem costs in
9accordance with the provisions of subsections 1 through 6.
10 Sec. 565. Section 230.26, Code 2023, is amended to read as
11follows:
12230.26 Regional administrator to keep record.
13The regional administrator shall keep an accurate account
14of the cost of the maintenance of any patient kept in any
15institution facility as provided for in this chapter and keep
16an index of the names of the persons admitted or committed from
17each county in the region. The name of the spouse of the person
18admitted or committed shall also be indexed in the same manner
19as the names of the persons admitted or committed are indexed.
20The book shall be designated as an account book or index, and
21shall have no reference in any place to a lien.
22 Sec. 566. Section 230.31, Code 2023, is amended to read as
23follows:
24230.31 Departers from other states.
25If a person with mental illness departs without proper
26authority from an institution a facility in another state and
27is found in this state, a peace officer in the county in which
28the patient is found may take and detain the patient without
29order and shall report the detention to the administrator
30 department who shall provide for the return of the patient
31to the authorities of the state where the unauthorized leave
32was made. Pending such return, the patient may be detained
33temporarily at one of the institutions of this state under the
34control of the administrator or any other administrator of the
35 department of human services. Expenses incurred under this
-370-1section shall be paid in the same manner as is provided for
2transfers in section 230.8.
3 Sec. 567. Section 230.32, Code 2023, is amended to read as
4follows:
5230.32 Support of nonresident patients on leave.
6The cost of support of patients without residence in this
7state, who are placed on convalescent leave or removed from
8a state mental health institute to any health care facility
9licensed under chapter 135C for rehabilitation purposes,
10shall be paid from the hospital state mental health institute
11 support fund and shall be charged on abstract in the same
12manner as state inpatients, until such time as the patient
13becomes self-supporting or qualifies for support under existing
14statutes.
15 Sec. 568. Section 230.33, Code 2023, is amended to read as
16follows:
17230.33 Reciprocal agreements.
181. The administrator department may enter into agreements
19with other states, through their duly constituted authorities,
20to effect the reciprocal return of persons with mental illness
21and persons with an intellectual disability to the contracting
22states, and to effect the reciprocal supervision of persons on
23convalescent leave.
242. However, in the case of a proposed transfer of a person
25with mental illness or an intellectual disability from this
26state, final action shall not be taken without the approval of
27the district court of the county of admission or commitment.
28 Sec. 569. Section 230A.101, Code 2023, is amended to read
29as follows:
30230A.101 Services system roles.
311. The role of the department of human services, through
32the division of the department designated as the state
33mental health authority with responsibility for state policy
34concerning mental health and disability services, is to develop
35and maintain policies for the mental health and disability
-371-1services system. The policies shall address the service needs
2of individuals of all ages with disabilities in this state,
3regardless of the individuals’ places of residence or economic
4circumstances, and shall be consistent with the requirements of
5chapter 225C and other applicable law.
62. The role of community mental health centers in the
7mental health and disability services system is to provide
8an organized set of services in order to adequately meet the
9mental health needs of this state’s citizens based on organized
10catchment areas.
11 Sec. 570. Section 230A.102, Code 2023, is amended to read
12as follows:
13230A.102 Definitions.
14As used in this chapter, unless the context otherwise
15requires:
161. “Administrator”, “commission” “Commission”, “department”,
17“director”, and “disability services”, and “division” mean the
18same as defined in section 225C.2.
192. “Catchment area” means a community mental health center
20catchment area identified in accordance with this chapter.
213. “Community mental health center” or “center” means a
22community mental health center designated in accordance with
23this chapter.
24 Sec. 571. Section 230A.103, Code 2023, is amended to read
25as follows:
26230A.103 Designation of community mental health centers.
271. The division department, subject to agreement by any
28community mental health center that would provide services
29for the catchment area and approval by the commission,
30shall designate at least one community mental health center
31under this chapter for addressing the mental health needs of
32the county or counties comprising the catchment area. The
33designation process shall provide for the input of potential
34service providers regarding designation of the initial
35catchment area or a change in the designation.
-372- 12. The division department shall utilize objective criteria
2for designating a community mental health center to serve a
3catchment area and for withdrawing such designation. The
4commission shall adopt rules outlining the criteria. The
5criteria shall include but are not limited to provisions for
6meeting all of the following requirements:
7a. An appropriate means shall be used for determining which
8prospective designee is best able to serve all ages of the
9targeted population within the catchment area with minimal or
10no service denials.
11b. An effective means shall be used for determining the
12relative ability of a prospective designee to appropriately
13provide mental health services and other support to consumers
14residing within a catchment area as well as consumers residing
15outside the catchment area. The criteria shall address the
16duty for a prospective designee to arrange placements outside
17the catchment area when such placements best meet consumer
18needs and to provide services within the catchment area to
19consumers who reside outside the catchment area when the
20services are necessary and appropriate.
213. The board of directors for a designated community mental
22health center shall enter into an agreement with the division
23 department. The terms of the agreement shall include but are
24not limited to all of the following:
25a. The period of time the agreement will be in force.
26b. The services and other support the center will offer or
27provide for the residents of the catchment area.
28c. The standards to be followed by the center in determining
29whether and to what extent the persons seeking services from
30the center shall be considered to be able to pay the costs of
31the services.
32d. The policies regarding availability of the services
33offered by the center to the residents of the catchment area as
34well as consumers residing outside the catchment area.
35e. The requirements for preparation and submission to the
-373-1division department of annual audits, cost reports, program
2reports, performance measures, and other financial and service
3accountability information.
44. This section does not limit the authority of the board or
5the boards of supervisors of any county or group of counties to
6continue to expend money to support operation of a center.
7 Sec. 572. Section 230A.104, Code 2023, is amended to read
8as follows:
9230A.104 Catchment areas.
101. The division department shall collaborate with affected
11counties in identifying community mental health center
12catchment areas in accordance with this section.
132. a. Unless the division department has determined that
14exceptional circumstances exist, a catchment area shall be
15served by one community mental health center. The purpose of
16this general limitation is to clearly designate the center
17responsible and accountable for providing core mental health
18services to the target population in the catchment area and to
19protect the financial viability of the centers comprising the
20mental health services system in the state.
21b. A formal review process shall be used in determining
22whether exceptional circumstances exist that justify
23designating more than one center to serve a catchment area.
24The criteria for the review process shall include but are not
25limited to a means of determining whether the catchment area
26can support more than one center.
27c. Criteria shall be provided that would allow the
28designation of more than one center for all or a portion of a
29catchment area if designation or approval for more than one
30center was provided by the division department as of October 1,
312010. The criteria shall require a determination that all such
32centers would be financially viable if designation is provided
33for all.
34 Sec. 573. Section 230A.105, subsection 1, paragraph e, Code
352023, is amended to read as follows:
-374- 1e. Individuals described in paragraph “a”, “b”, “c”, or “d”
2who have a co-occurring disorder, including but not limited
3to substance abuse use disorder, intellectual disability,
4a developmental disability, brain injury, autism spectrum
5disorder, or another disability or special health care need.
6 Sec. 574. Section 230A.108, Code 2023, is amended to read
7as follows:
8230A.108 Administrative, diagnostic, and demographic
9information.
10Release of administrative and diagnostic information, as
11defined in section 228.1, and demographic information necessary
12for aggregated reporting to meet the data requirements
13established by the division department, relating to an
14individual who receives services from a community mental health
15center, may be made a condition of support of that center by
16the division department.
17 Sec. 575. Section 230A.110, subsections 1 and 2, Code 2023,
18are amended to read as follows:
191. The division department shall recommend and the
20commission shall adopt standards for designated community
21mental health centers and comprehensive community mental health
22programs, with the overall objective of ensuring that each
23center and each affiliate providing services under contract
24with a center furnishes high-quality mental health services
25within a framework of accountability to the community it
26serves. The standards adopted shall conform with federal
27standards applicable to community mental health centers
28and shall be in substantial conformity with the applicable
29behavioral health standards adopted by the joint commission,
30formerly known as the joint commission on accreditation
31of health care organizations, or other recognized national
32standards for evaluation of psychiatric facilities unless in
33the judgment of the division department, with approval of the
34commission, there are sound reasons for departing from the
35standards.
-375- 12. When recommending standards under this section, the
2division department shall designate an advisory committee
3representing boards of directors and professional staff
4of designated community mental health centers to assist in
5the formulation or revision of standards. The membership
6of the advisory committee shall include representatives of
7professional and nonprofessional staff and other appropriate
8individuals.
9 Sec. 576. Section 230A.110, subsection 3, paragraph c, Code
102023, is amended to read as follows:
11c. Arrange for the financial condition and transactions
12of the community mental health center to be audited once
13each year by the auditor of state. However, in lieu of an
14audit by the auditor of state, the local governing body of a
15community mental health center organized under this chapter
16may contract with or employ certified public accountants
17to conduct the audit, pursuant to the applicable terms and
18conditions prescribed by sections 11.6 and 11.19 and audit
19format prescribed by the auditor of state. Copies of each
20audit shall be furnished by the auditor or accountant to the
21administrator of the division of mental health and disability
22services department.
23 Sec. 577. Section 230A.111, Code 2023, is amended to read
24as follows:
25230A.111 Review and evaluation.
261. The review and evaluation of designated centers shall
27be performed through a formal accreditation review process as
28recommended by the division department and approved by the
29commission. The accreditation process shall include all of the
30following:
31a. Specific time intervals for full accreditation reviews
32based upon levels of accreditation.
33b. Use of random or complaint-specific, on-site limited
34accreditation reviews in the interim between full accreditation
35reviews, as a quality review approach. The results of such
-376-1reviews shall be presented to the commission.
2c. Use of center accreditation self-assessment tools to
3gather data regarding quality of care and outcomes, whether
4used during full or limited reviews or at other times.
52. The accreditation process shall include but is not
6limited to addressing all of the following:
7a. Measures to address centers that do not meet standards,
8including authority to revoke accreditation.
9b. Measures to address noncompliant centers that do not
10develop a corrective action plan or fail to implement steps
11included in a corrective action plan accepted by the division
12 department.
13c. Measures to appropriately recognize centers that
14successfully complete a corrective action plan.
15d. Criteria to determine when a center’s accreditation
16should be denied, revoked, suspended, or made provisional.
17 Sec. 578. Section 231.4, subsection 1, paragraphs e and f,
18Code 2023, are amended to read as follows:
19e. “Department” means the department on aging of health and
20human services.
21f. “Director” means the director of the department on aging
22 health and human services.
23 Sec. 579. Section 231.21, Code 2023, is amended to read as
24follows:
25231.21 Department on aging Administration of chapter —
26department of health and human services.
27An Iowa The department on aging is established which of
28health and human services shall administer this chapter
29under the policy direction of the commission on aging. The
30department on aging shall be administered by a director.
31 Sec. 580. Section 231.23, Code 2023, is amended to read as
32follows:
33231.23 Department on aging — duties and authority.
34The department on aging director shall:
351. Develop and administer a state plan on aging.
-377- 12. Assist the commission in the review and approval of area
2plans.
33. Pursuant to commission policy, coordinate state
4activities related to the purposes of this chapter and all
5other chapters under the department’s jurisdiction.
64. Advocate for older individuals by reviewing and
7commenting upon all state plans, budgets, laws, rules,
8regulations, and policies which affect older individuals and
9by providing technical assistance to any agency, organization,
10association, or individual representing the needs of older
11individuals.
125. Assist the commission in dividing the state into distinct
13planning and service areas.
146. Assist the commission in designating for each area a
15public or private nonprofit agency or organization as the area
16agency on aging for that area.
177. Pursuant to commission policy, take into account the
18views of older Iowans.
198. Assist the commission in adopting a method for the
20distribution of funds available from the federal Act and state
21appropriations and allocations.
229. Assist the commission in assuring that preference will
23be given to providing services to older individuals with the
24greatest economic or social needs, with particular attention to
25low-income minority older individuals, older individuals with
26limited English proficiency, and older individuals residing in
27rural areas.
2810. Assist the commission in developing, adopting, and
29enforcing administrative rules, by issuing necessary forms and
30procedures.
3111. Apply for, receive, and administer grants, devises,
32donations, gifts, or bequests of real or personal property from
33any source to conduct projects consistent with the purposes of
34the department. Notwithstanding section 8.33, moneys received
35by the department pursuant to this section are not subject to
-378-1reversion to the general fund of the state.
212. Administer state authorized programs.
313. Establish a procedure for an area agency on aging to
4use in selection of members of the agency’s board of directors.
5The selection procedure shall be incorporated into the bylaws
6of the board of directors.
7 Sec. 581. Section 231.23A, unnumbered paragraph 1, Code
82023, is amended to read as follows:
9The department on aging shall provide or administer, but is
10not limited to providing or administering, all of the following
11programs and services:
12 Sec. 582. Section 231.31, Code 2023, is amended to read as
13follows:
14231.31 State plan on aging.
15The department on aging shall develop, and submit to the
16commission on aging for approval, a multiyear state plan on
17aging. The state plan on aging shall meet all applicable
18federal requirements.
19 Sec. 583. Section 231.32, subsection 2, paragraph d, Code
202023, is amended to read as follows:
21d. Any public or nonprofit private agency in a planning
22and service area or any separate organizational unit within
23such agency which is under the supervision or direction for
24this purpose of the department on aging and which can and will
25engage only in the planning or provision of a broad range of
26long-term living and community support services or nutrition
27services within the planning and service area.
28 Sec. 584. Section 231.42, subsection 4, paragraph a, Code
292023, is amended to read as follows:
30a. If abuse, neglect, or exploitation of a resident or
31tenant is suspected, the state or a local long-term care
32ombudsman shall, with the permission of the resident or tenant
33as applicable under federal law, make an immediate referral
34to the department of inspections and appeals, the department
35of health and human services, the department on aging, or the
-379-1appropriate law enforcement agency, as applicable.
2 Sec. 585. Section 231.58, Code 2023, is amended to read as
3follows:
4231.58 Long-term living coordination.
5The director may convene meetings, as necessary, of the
6director and the directors of human services, public health,
7and director of inspections and appeals, to assist in the
8coordination of policy, service delivery, and long-range
9planning relating to the long-term living system and older
10Iowans in the state. The group may consult with individuals,
11institutions and entities with expertise in the area of the
12long-term living system and older Iowans, as necessary, to
13facilitate the group’s efforts.
14 Sec. 586. Section 231C.5, subsection 2, paragraph b,
15subparagraph (2), subparagraph division (c), Code 2023, is
16amended to read as follows:
17(c) Contact information for the department of health and
18 human services and the senior health insurance information
19program to assist tenants in accessing third-party payment
20sources.
21 Sec. 587. Section 231C.5A, Code 2023, is amended to read as
22follows:
23231C.5A Assessment of tenants — program eligibility.
24An assisted living program receiving reimbursement through
25the medical assistance program under chapter 249A shall
26assist the department of veterans affairs in identifying, upon
27admission of a tenant, the tenant’s eligibility for benefits
28through the United States department of veterans affairs. The
29assisted living program shall also assist the commission of
30veterans affairs in determining such eligibility for tenants
31residing in the program on July 1, 2009. The department of
32inspections and appeals, in cooperation with the department of
33health and human services, shall adopt rules to administer this
34section, including a provision that ensures that if a tenant is
35eligible for benefits through the United States department of
-380-1veterans affairs or other third-party payor, the payor of last
2resort for reimbursement to the assisted living program is the
3medical assistance program. The rules shall also require the
4assisted living program to request information from a tenant or
5tenant’s personal representative regarding the tenant’s veteran
6status and to report to the department of veterans affairs
7only the names of tenants identified as potential veterans
8along with the names of their spouses and any dependents.
9Information reported by the assisted living program shall be
10verified by the department of veterans affairs.
11 Sec. 588. Section 231E.3, subsections 5 and 6, Code 2023,
12are amended to read as follows:
135. “Department” means the department on aging established in
14section 231.21 of health and human services.
156. “Director” means the director of the department on aging
16 health and human services.
17 Sec. 589. Section 231E.4, subsection 3, paragraph e, Code
182023, is amended to read as follows:
19e. Work with the department of human services, the
20Iowa department of public health, the Iowa developmental
21disabilities council, and other agencies to establish
22a referral system for the provision of guardianship,
23conservatorship, and representative payee services.
24 Sec. 590. Section 232.2, subsections 14 and 18, Code 2023,
25are amended to read as follows:
2614. “Department” means the department of health and human
27services and includes the local, and county, and service area
28 officers of the department.
2918. “Director” means the director of the department of
30 health and human services or that person’s the director’s
31 designee.
32 Sec. 591. Section 232.11, subsections 3, 4, and 5, Code
332023, are amended to read as follows:
343. If the child is not represented by counsel as required
35under subsection 1, counsel shall be provided as follows:
-381- 1a. If the court determines, after giving the child’s parent,
2guardian, or custodian an opportunity to be heard, that such
3person has the ability in whole or in part to pay for the
4employment of counsel, it shall either order that person to
5retain an attorney to represent the child or shall appoint
6counsel for the child and order the parent, guardian, or
7custodian to pay for that counsel as provided in subsection 5.
8b. If the court determines that the parent, guardian,
9or custodian cannot pay any part of the expenses of counsel
10to represent the child, it shall appoint counsel, who shall
11be reimbursed according to section 232.141, subsection 2,
12paragraph “b”.
13c. The court may appoint counsel to represent the child
14and reserve the determination of payment until the parent,
15guardian, or custodian has an opportunity to be heard.
164. If the child is represented by counsel and the court
17determines that there is a conflict of interest between the
18child and the child’s parent, guardian, or custodian and that
19the retained counsel could not properly represent the child as
20a result of the conflict, the court shall appoint other counsel
21to represent the child and order the parent, guardian, or
22custodian to pay for such counsel as provided in subsection 5.
235. If the court determines, after an inquiry which includes
24notice and reasonable opportunity to be heard that the parent,
25guardian, or custodian has the ability to pay in whole or
26in part for the attorney appointed for the child, the court
27may order that person to pay such sums as the court finds
28appropriate in the manner and to whom the court directs. If
29the person so ordered fails to comply with the order without
30good reason, the court shall enter judgment against the person.
31 Sec. 592. Section 232.21, subsection 2, paragraph a,
32subparagraph (3), Code 2023, is amended to read as follows:
33(3) An institution or other facility operated by the
34department of human services, or one which is licensed or
35otherwise authorized by law to receive and provide care for the
-382-1child.
2 Sec. 593. Section 232.22, subsection 5, paragraph b, Code
32023, is amended to read as follows:
4b. The court determines that an acceptable alternative
5placement does not exist pursuant to criteria developed by the
6department of human services.
7 Sec. 594. Section 232.28, subsections 3, 4, and 5, Code
82023, are amended to read as follows:
93. In the course of a preliminary inquiry, the intake
10officer may:
11a. Interview the complainant, victim, or witnesses of the
12alleged delinquent act.
13b. Check existing records of the court, law enforcement
14agencies, public records of other agencies, and child abuse
15records as provided in section 235A.15, subsection 2, paragraph
16“e”.
17c. Hold conferences with the child and the child’s parent or
18parents, guardian, or custodian for the purpose of interviewing
19them and discussing the disposition of the complaint in
20accordance with the requirements set forth in subsection 8.
21d. Examine any physical evidence pertinent to the complaint.
22e. Interview such persons as are necessary to determine
23whether the filing of a petition would be in the best interests
24of the child and the community as provided in section 232.35,
25subsections 2 and 3.
264. Any additional inquiries may be made only with the
27consent of the child and the child’s parent or parents,
28guardian, or custodian.
295. Participation of the child and the child’s parent or
30parents, guardian, or custodian in a conference with an intake
31officer shall be voluntary, and they shall have the right to
32refuse to participate in such conference. At such conference
33the child shall have the right to the assistance of counsel in
34accordance with section 232.11 and the right to remain silent
35when questioned by the intake officer.
-383-1 Sec. 595. Section 232.29, subsection 1, paragraphs b, d, and
2g, Code 2023, are amended to read as follows:
3b. The intake officer shall advise the child and the child’s
4parent, guardian, or custodian that they have the right to
5refuse an informal adjustment of the complaint and demand the
6filing of a petition and a formal adjudication.
7d. The terms of such agreement shall be clearly stated in
8writing and signed by all parties to the agreement and a copy
9of this agreement shall be given to the child; the counsel for
10the child; the parent, guardian, or custodian; and the intake
11officer, who shall retain the copy in the case file.
12g. The child and the child’s parent, guardian, or custodian
13shall have the right to terminate such agreement at any
14time and to request the filing of a petition and a formal
15adjudication.
16 Sec. 596. Section 232.38, Code 2023, is amended to read as
17follows:
18232.38 Presence of parents at hearings.
191. Any hearings or proceedings under this subchapter
20subsequent to the filing of a petition shall not take place
21without the presence of one or both of the child’s parents,
22guardian, or custodian except that a hearing or proceeding may
23take place without such presence if the parent, guardian, or
24custodian fails to appear after reasonable notification, or if
25the court finds that a reasonably diligent effort has been made
26to notify the child’s parent, guardian, or custodian, and the
27effort was unavailing.
282. In any such hearings or proceedings the court may
29temporarily excuse the presence of the parent, guardian, or
30custodian when the court deems it in the best interests of the
31child. Counsel for the parent, guardian, or custodian shall
32have the right to participate in a hearing or proceeding during
33the absence of the parent, guardian, or custodian.
34 Sec. 597. Section 232.43, subsection 2, Code 2023, is
35amended to read as follows:
-384- 12. The county attorney and the child’s counsel may mutually
2consider a plea agreement which contemplates entry of a plea
3admitting the allegations of the petition in the expectation
4that other charges will be dismissed or not filed or that a
5specific disposition will be recommended by the county attorney
6and granted by the court. Any plea discussion shall be open to
7the child and the child’s parent, guardian, or custodian.
8 Sec. 598. Section 232.44, subsection 5, paragraph b,
9subparagraph (1), Code 2023, is amended to read as follows:
10(1) Place the child in the custody of a parent, guardian,
11 or custodian under that person’s supervision, or under the
12supervision of an organization which agrees to supervise the
13child.
14 Sec. 599. Section 232.44, subsection 7, Code 2023, is
15amended to read as follows:
167. If a child held in shelter care or detention by court
17order has not been released after a detention hearing or has
18not appeared at an adjudicatory hearing before the expiration
19of the order of detention, an additional hearing shall
20automatically be scheduled for the next court day following the
21expiration of the order. The child, the child’s counsel, the
22child’s guardian ad litem, and the child’s parent, guardian,
23 or custodian shall be notified of this hearing not less than
24twenty-four hours before the hearing is scheduled to take
25place. The hearing required by this subsection may be held by
26telephone conference call.
27 Sec. 600. Section 232.46, subsection 1, paragraph b, Code
282023, is amended to read as follows:
29b. A child’s need for shelter placement or for inpatient
30mental health or substance abuse use disorder treatment does
31not preclude entry or continued execution of a consent decree.
32 Sec. 601. Section 232.46, subsection 3, Code 2023, is
33amended to read as follows:
343. A consent decree shall not be entered unless the child
35and the child’s parent, guardian, or custodian is informed
-385-1of the consequences of the decree by the court and the court
2determines that the child has voluntarily and intelligently
3agreed to the terms and conditions of the decree. If the
4county attorney objects to the entry of a consent decree,
5the court shall proceed to determine the appropriateness of
6entering a consent decree after consideration of any objections
7or reasons for entering such a decree.
8 Sec. 602. Section 232.52, subsection 2, paragraph d,
9subparagraph (3), Code 2023, is amended to read as follows:
10(3) The department of human services for purposes of
11foster care and prescribing the type of placement which will
12serve the best interests of the child and the means by which
13the placement shall be monitored by the court. The court
14shall consider ordering placement in family foster care as an
15alternative to group foster care.
16 Sec. 603. Section 232.52, subsection 2, paragraph e,
17unnumbered paragraph 1, Code 2023, is amended to read as
18follows:
19An order transferring the custody of the child, subject to
20the continuing jurisdiction and custody of the court for the
21purposes of section 232.54, to the director of the department
22of human services for purposes of placement in the state
23training school or other facility, provided that the child is
24at least twelve years of age and the court finds the placement
25to be in the best interests of the child or necessary for the
26protection of the public, and that the child has been found to
27have committed an act which is a forcible felony, as defined
28in section 702.11, or a felony violation of section 124.401
29or chapter 707, or the court finds any three of the following
30conditions exist:
31 Sec. 604. Section 232.52, subsections 6, 8, and 9, Code
322023, are amended to read as follows:
336. If the court orders the transfer of custody of the
34child to the department of human services or other agency
35for placement, the department or agency responsible for the
-386-1placement of the child shall submit a case permanency plan to
2the court and shall make every effort to return the child to
3the child’s home as quickly as possible.
48. If the court orders the transfer of the custody of the
5child to the department of human services or to another agency
6for placement in group foster care, the department or agency
7shall make every reasonable effort to place the child in the
8least restrictive, most family-like, and most appropriate
9setting available and in close proximity to the parents’ home,
10consistent with the child’s best interests and special needs,
11and shall consider the placement’s proximity to the school in
12which the child is enrolled at the time of placement.
139. If a child has previously been adjudicated as a child
14in need of assistance, and a social worker or other caseworker
15from the department of human services has been assigned to work
16on the child’s case, the court may order the department of
17human services to assign the same social worker or caseworker
18to work on any matters related to the child arising under this
19subchapter.
20 Sec. 605. Section 232.52, subsection 10, paragraph a,
21unnumbered paragraph 1, Code 2023, is amended to read as
22follows:
23Upon receipt of an application from the director of the
24department of human services, the court shall enter an order
25to temporarily transfer a child who has been placed in the
26state training school pursuant to subsection 2, paragraph “e”,
27to a facility which has been designated to be an alternative
28placement site for the state training school, provided the
29court finds that all of the following conditions exist:
30 Sec. 606. Section 232.68, subsection 4, Code 2023, is
31amended to read as follows:
324. “Department” means the state department of health and
33 human services and includes the local, and county, and service
34area offices of the department.
35 Sec. 607. Section 232.69, subsection 1, paragraph b,
-387-1subparagraphs (6) and (7), Code 2023, are amended to read as
2follows:
3(6) An employee or operator of a substance abuse use
4disorder program or facility licensed under chapter 125.
5(7) An employee of a department of human services
6 institution listed in section 218.1.
7 Sec. 608. Section 232.70, subsections 3, 5, and 6, Code
82023, are amended to read as follows:
93. The oral report shall be made by telephone or otherwise
10to the department of human services. If the person making the
11report has reason to believe that immediate protection for the
12child is advisable, that person shall also make an oral report
13to an appropriate law enforcement agency.
145. The oral and written reports shall contain the following
15information, or as much thereof of the following information as
16the person making the report is able to furnish:
17a. The names and home address of the child and the child’s
18parents or other persons believed to be responsible for the
19child’s care;.
20b. The child’s present whereabouts if not the same as the
21parent’s or other person’s home address;.
22c. The child’s age;.
23d. The nature and extent of the child’s injuries, including
24any evidence of previous injuries;.
25e. The name, age and condition of other children in the same
26home;.
27f. Any other information which the person making the report
28believes might be helpful in establishing the cause of the
29injury to the child, the identity of the person or persons
30responsible for the injury, or in providing assistance to the
31child; and.
32g. The name and address of the person making the report.
336. A report made by a permissive reporter, as defined in
34section 232.69, subsection 2, shall be regarded as a report
35pursuant to this chapter whether or not the report contains
-388-1all of the information required by this section and may be
2made to the department of human services, county attorney, or
3law enforcement agency. If the report is made to any agency
4other than the department of human services, such agency shall
5promptly refer the report to the department of human services.
6 Sec. 609. Section 232.72, subsections 1 and 2, Code 2023,
7are amended to read as follows:
81. For the purposes of this subchapter, the terms
9“department of health and human services”, “department”, or
10“county attorney” ordinarily refer to the service area or local
11office of the department of human services or of the county
12attorney’s office serving the county in which the child’s home
13is located.
142. If the person making a report of child abuse pursuant to
15this chapter does not know where the child’s home is located,
16or if the child’s home is not located in the service area where
17the health practitioner examines, attends, or treats the child,
18 the report may be made to the department or to the local office
19serving the county where the person making the report resides
20or the county where the health practitioner examines, attends,
21or treats the child. These agencies shall promptly proceed as
22provided in section 232.71B, unless the matter is transferred
23as provided in this section.
24 Sec. 610. Section 232.75, subsection 3, Code 2023, is
25amended to read as follows:
263. A person who reports or causes to be reported to the
27department of human services false information regarding an
28alleged act of child abuse, knowing that the information
29is false or that the act did not occur, commits a simple
30misdemeanor.
31 Sec. 611. Section 232.78, subsection 4, Code 2023, is
32amended to read as follows:
334. The juvenile court may enter an order authorizing
34a physician or physician assistant or hospital to provide
35emergency medical or surgical procedures before the filing of
-389-1a petition under this chapter provided all of the following
2conditions are met:
3a. Such procedures are necessary to safeguard the life and
4health of the child; and.
5b. There is not enough time to file a petition under this
6chapter and hold a hearing as provided in section 232.95.
7 Sec. 612. Section 232.79, subsection 4, paragraphs a and b,
8Code 2023, are amended to read as follows:
9a. When the court is informed that there has been an
10emergency removal or keeping of a child without a court order,
11the court shall direct the department of human services or
12the juvenile probation department to make every reasonable
13effort to communicate immediately with the child’s parent or
14parents or other person legally responsible for the child’s
15care. Upon locating the child’s parent or parents or other
16person legally responsible for the child’s care, the department
17of human services or the juvenile probation department shall,
18in accordance with court-established procedures, immediately
19orally inform the court. After orally informing the court,
20the department of human services or the juvenile probation
21department shall provide to the court written documentation of
22the oral information.
23b. The court shall authorize the department of human
24services or the juvenile probation department to cause a
25child thus removed or kept to be returned if it concludes
26there is not an imminent risk to the child’s life and health
27in so doing. If the department of human services or the
28juvenile probation department receives information which could
29affect the court’s decision regarding the child’s return,
30the department of human services or the juvenile probation
31department, in accordance with court established procedures,
32shall immediately orally provide the information to the
33court. After orally providing the information to the court,
34the department of human services or the juvenile probation
35department shall provide to the court written documentation
-390-1of the oral information. If the child is not returned,
2the department of human services or the juvenile probation
3department shall forthwith cause a petition to be filed within
4three days after the removal.
5 Sec. 613. Section 232.81, subsection 2, Code 2023, is
6amended to read as follows:
72. Upon receipt of a complaint, the court may request the
8department of human services, juvenile probation office, or
9other authorized agency or individual to conduct a preliminary
10investigation of the complaint to determine if further action
11should be taken.
12 Sec. 614. Section 232.82, subsection 2, Code 2023, is
13amended to read as follows:
142. If an order is entered under subsection 1 and a petition
15has not yet been filed under this chapter, the petition shall
16be filed under section 232.87 by the county attorney, the
17department of human services, or a juvenile court officer
18within three days of the entering of the order.
19 Sec. 615. Section 232.87, subsection 2, Code 2023, is
20amended to read as follows:
212. A petition may be filed by the department of human
22services, juvenile court officer, or county attorney.
23 Sec. 616. Section 232.89, subsection 3, Code 2023, is
24amended to read as follows:
253. The court shall determine, after giving the parent,
26guardian, or custodian an opportunity to be heard, whether
27the person has the ability to pay in whole or in part for
28counsel appointed for the child. If the court determines
29that the person possesses sufficient financial ability,
30the court shall then consult with the department of human
31services, the juvenile probation office, or other authorized
32agency or individual regarding the likelihood of impairment
33of the relationship between the child and the child’s parent,
34guardian, or custodian as a result of ordering the parent,
35guardian, or custodian to pay for the child’s counsel. If
-391-1impairment is deemed unlikely, the court shall order that
2person to pay an amount the court finds appropriate in the
3manner and to whom the court directs. If the person fails to
4comply with the order without good reason, the court shall
5enter judgment against the person. If impairment is deemed
6likely or if the court determines that the parent, guardian,
7or custodian cannot pay any part of the expenses of counsel
8appointed to represent the child, counsel shall be reimbursed
9pursuant to section 232.141, subsection 2, paragraph “b”.
10 Sec. 617. Section 232.96, subsections 4 and 6, Code 2023,
11are amended to read as follows:
124. A report made to the department of human services
13 pursuant to chapter 235A shall be admissible in evidence,
14but such a report shall not alone be sufficient to support a
15finding that the child is a child in need of assistance unless
16the attorneys for the child and the parents consent to such a
17finding.
186. A report, study, record, or other writing or an
19audiotape or videotape recording made by the department of
20human services, a juvenile court officer, a peace officer, a
21child protection center, or a hospital relating to a child in a
22proceeding under this subchapter is admissible notwithstanding
23any objection to hearsay statements contained in it provided
24it is relevant and material and provided its probative value
25substantially outweighs the danger of unfair prejudice to the
26child’s parent, guardian, or custodian. The circumstances of
27the making of the report, study, record or other writing or an
28audiotape or videotape recording, including the maker’s lack of
29personal knowledge, may be proved to affect its weight.
30 Sec. 618. Section 232.97, subsection 1, Code 2023, is
31amended to read as follows:
321. The court shall not make a disposition of the petition
33until five working days after a social report has been
34submitted to the court and counsel for the child and has been
35considered by the court. The court may waive the five-day
-392-1requirement upon agreement by all the parties. The court may
2direct either the juvenile court officer or the department
3of human services or any other agency licensed by the state
4to conduct a social investigation and to prepare a social
5report which may include any evidence provided by an individual
6providing foster care for the child. A report prepared shall
7include any founded reports of child abuse.
8 Sec. 619. Section 232.98, subsection 2, Code 2023, is
9amended to read as follows:
102. Following an adjudication that a child is a child in need
11of assistance, the court may after a hearing order the physical
12or mental examination of the parent, guardian, or custodian if
13that person’s ability to care for the child is at issue.
14 Sec. 620. Section 232.100, Code 2023, is amended to read as
15follows:
16232.100 Suspended judgment.
17After the dispositional hearing the court may enter an
18order suspending judgment and continuing the proceedings
19subject to terms and conditions imposed to assure the proper
20care and protection of the child. Such terms and conditions
21may include the supervision of the child and of the parent,
22guardian, or custodian by the department of human services,
23juvenile court office, or other appropriate agency designated
24by the court. The maximum duration of any term or condition of
25a suspended judgment shall be twelve months unless the court
26finds at a hearing held during the last month of that period
27that exceptional circumstances require an extension of the term
28or condition for an additional six months.
29 Sec. 621. Section 232.101, subsection 1, Code 2023, is
30amended to read as follows:
311. After the dispositional hearing, the court may enter an
32order permitting the child’s parent, guardian, or custodian
33at the time of the filing of the petition to retain custody
34of the child subject to terms and conditions which the court
35prescribes to assure the proper care and protection of the
-393-1child. Such terms and conditions may include supervision
2of the child and the parent, guardian, or custodian by the
3department of human services, juvenile court office, or other
4appropriate agency which the court designates. Such terms
5and conditions may also include the provision or acceptance
6by the parent, guardian, or custodian of special treatment or
7care which the child needs for the child’s physical or mental
8health. If the parent, guardian, or custodian fails to provide
9the treatment or care, the court may order the department
10of human services or some other appropriate state agency to
11provide such care or treatment.
12 Sec. 622. Section 232.102, subsections 4 and 6, Code 2023,
13are amended to read as follows:
144. a. Whenever possible the court should permit the
15child to remain at home with the child’s parent, guardian, or
16custodian. Custody of the child should not be transferred
17unless the court finds there is clear and convincing evidence
18that of any of the following:
19(1) The child cannot be protected from physical abuse
20without transfer of custody; or.
21(2) The child cannot be protected from some harm which would
22justify the adjudication of the child as a child in need of
23assistance and an adequate placement is available.
24b. In order to transfer custody of the child under
25this subsection, the court must make a determination that
26continuation of the child in the child’s home would be contrary
27to the welfare of the child, and shall identify the reasonable
28efforts that have been made. The court’s determination
29regarding continuation of the child in the child’s home,
30and regarding reasonable efforts, including those made to
31prevent removal and those made to finalize any permanency
32plan in effect, as well as any determination by the court
33that reasonable efforts are not required, must be made on
34a case-by-case basis. The grounds for each determination
35must be explicitly documented and stated in the court order.
-394-1However, preserving the safety of the child is the paramount
2consideration. If imminent danger to the child’s life or
3health exists at the time of the court’s consideration, the
4determinations otherwise required under this paragraph shall
5not be a prerequisite for an order for removal of the child.
6If the court transfers custody of the child, unless the
7court waives the requirement for making reasonable efforts or
8otherwise makes a determination that reasonable efforts are not
9required, reasonable efforts shall be made to make it possible
10for the child to safely return to the family’s home.
116. In any order transferring custody to the department
12or an agency, or in orders pursuant to a custody order, the
13court shall specify the nature and category of disposition
14which will serve the best interests of the child, and shall
15prescribe the means by which the placement shall be monitored
16by the court. If the court orders the transfer of the custody
17of the child to the department of human services or other
18agency for placement, the department or agency shall submit
19a case permanency plan to the court and shall make every
20reasonable effort to return the child to the child’s home as
21quickly as possible consistent with the best interests of the
22child. When the child is not returned to the child’s home and
23if the child has been previously placed in a licensed foster
24care facility, the department or agency shall consider placing
25the child in the same licensed foster care facility. If the
26court orders the transfer of custody to a parent who does not
27have physical care of the child, other relative, or other
28suitable person, the court may direct the department or other
29agency to provide services to the child’s parent, guardian,
30or custodian in order to enable them to resume custody of the
31child. If the court orders the transfer of custody to the
32department of human services or to another agency for placement
33in group foster care, the department or agency shall make every
34reasonable effort to place the child in the least restrictive,
35most family-like, and most appropriate setting available, and
-395-1in close proximity to the parents’ home, consistent with the
2child’s best interests and special needs, and shall consider
3the placement’s proximity to the school in which the child is
4enrolled at the time of placement.
5 Sec. 623. Section 232.103A, subsections 3 and 5, Code 2023,
6are amended to read as follows:
73. The juvenile court shall designate the petitioner and
8respondent for the purposes of the bridge order. A bridge
9order shall only address matters of custody, physical care, and
10visitation. All other matters, including child support, shall
11be filed by separate petition or by action of the child support
12recovery unit services, and shall be subject to existing
13applicable statutory provisions.
145. The district court shall take judicial notice of the
15juvenile file in any hearing related to the case. Records
16contained in the district court case file that were copied or
17transferred from the juvenile court file concerning the case
18shall be subject to section 232.147 and other confidentiality
19provisions of this chapter for cases not involving juvenile
20delinquency, and shall be disclosed, upon request, to the child
21support recovery unit services without a court order.
22 Sec. 624. Section 232.111, subsection 1, Code 2023, is
23amended to read as follows:
241. A child’s guardian, guardian ad litem, or custodian,
25the department of human services, a juvenile court officer, or
26the county attorney may file a petition for termination of the
27parent-child relationship and parental rights with respect to a
28child.
29 Sec. 625. Section 232.116, subsection 1, paragraph l, Code
302023, is amended to read as follows:
31l. The court finds that all of the following have occurred:
32(1) The child has been adjudicated a child in need of
33assistance pursuant to section 232.96 and custody has been
34transferred from the child’s parents for placement pursuant to
35section 232.102.
-396- 1(2) The parent has a severe substance-related substance use
2 disorder as described by either of the following:
3(a) The severe substance-related substance use disorder
4meets the definition for that term as defined in the most
5current edition of the diagnostic and statistical manual
6prepared by the American psychiatric association, and the
7parent presents a danger to self or others as evidenced by
8prior acts.
9(b) The disorder is evidenced by continued and repeated use
10through the case, the parent’s refusal to obtain a substance
11abuse use disorder evaluation or treatment after given the
12opportunity to do so, and the parent presents a danger to self
13or others as evidenced by prior acts.
14(3) There is clear and convincing evidence that the parent’s
15prognosis indicates that the child will not be able to be
16returned to the custody of the parent within a reasonable
17period of time considering the child’s age and need for a
18permanent home.
19 Sec. 626. Section 232.142, Code 2023, is amended to read as
20follows:
21232.142 Maintenance and cost of juvenile homes — fund.
221. County boards of supervisors which singly or in
23conjunction with one or more other counties provide and
24maintain juvenile detention and juvenile shelter care homes are
25subject to this section.
262. For the purpose of providing and maintaining a county
27or multicounty home, the board of supervisors of any county
28may issue general county purpose bonds in accordance with
29sections 331.441 through 331.449. Expenses for providing and
30maintaining a multicounty home shall be paid by the counties
31participating in a manner to be determined by the boards of
32supervisors.
333. A county or multicounty juvenile detention home approved
34pursuant to this section shall receive financial aid from the
35state in a manner approved by the director, the director of the
-397-1department of human rights, or a designee of the director of
2the department of human rights. Aid paid by the state shall
3be at least ten percent and not more than fifty percent of the
4total cost of the establishment, improvements, operation, and
5maintenance of the home. This subsection is repealed July 1,
62023.
74. The director, the director of the department of human
8rights, or a designee of the director of the department of
9human rights shall adopt minimal rules and standards for the
10establishment, maintenance, and operation of such homes as
11shall be necessary to effect the purposes of this chapter. The
12rules shall apply the requirements of section 237.8, concerning
13employment and evaluation of persons with direct responsibility
14for a child or with access to a child when the child is
15alone and persons residing in a child foster care facility,
16to persons employed by, residing in, or volunteering for a
17home approved under this section. The director shall, upon
18request, give guidance and consultation in the establishment
19and administration of the homes and programs for the homes.
20This subsection is repealed July 1, 2023.
215. The director, the director of the department of human
22rights, or a designee of the director of the department of
23human rights shall approve annually all such homes established
24and maintained under the provisions of this chapter. A home
25shall not be approved unless it complies with minimal rules and
26standards adopted by the director and has been inspected by the
27department of inspections and appeals. The statewide number
28of beds in the homes approved by the director shall not exceed
29two hundred seventy-two beds beginning July 1, 2017. This
30subsection is repealed July 1, 2023.
316. A juvenile detention home fund is created in the
32state treasury under the authority of the department or the
33department of human rights as the department and the department
34of human rights agree. The fund shall consist of moneys
35deposited in the fund pursuant to section 602.8108. The moneys
-398-1in the fund shall be used for the costs of the establishment,
2improvement, operation, and maintenance of county or
3multicounty juvenile detention homes in accordance with annual
4appropriations made by the general assembly from the fund for
5these purposes. This subsection is repealed July 1, 2023.
6 Sec. 627. Section 232.147, subsection 2, paragraphs c, e,
7and j, Code 2023, are amended to read as follows:
8c. The child’s parent, guardian, or custodian, court
9appointed special advocate, and guardian ad litem, and
10the members of the child advocacy board created in section
11237.16 or a local citizen foster care review board created in
12accordance with section 237.19 who are assigning or reviewing
13the child’s case.
14e. An agency, individual, association, facility, or
15institution responsible for the care, treatment, or supervision
16of the child pursuant to a court order or voluntary placement
17agreement with the department of human services, juvenile
18officer, or intake officer.
19j. The department of human services.
20 Sec. 628. Section 232.147, subsection 3, paragraphs c, e,
21and h, Code 2023, are amended to read as follows:
22c. The child’s parent, guardian, or custodian, court
23appointed special advocate, guardian ad litem, and the members
24of the child advocacy board created in section 237.16 or a
25local citizen foster care review board created in accordance
26with section 237.19 who are assigning or reviewing the child’s
27case.
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 court
32officer, or intake officer.
33h. The department of human services.
34 Sec. 629. Section 232.147, subsection 4, paragraphs c, f,
35and j, Code 2023, are amended to read as follows:
-399- 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.
7f. 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.
12j. The department of human services.
13 Sec. 630. Section 232.147, subsection 7, Code 2023, is
14amended to read as follows:
157. Official juvenile court records enumerated in section
16232.2, subsection 43, paragraph “e”, relating to paternity,
17support, or the termination of parental rights, shall be
18disclosed, upon request, to the child support recovery unit
19 services without court order.
20 Sec. 631. Section 232.149, subsection 5, paragraph h, Code
212023, is amended to read as follows:
22h. The department of human services.
23 Sec. 632. Section 232.149A, subsection 3, paragraphs c and
24e, Code 2023, are amended to read as follows:
25c. The child’s parent, guardian, or custodian, court
26appointed special advocate, and guardian ad litem, and
27the members of the child advocacy board created in section
28237.16 or a local citizen foster care review board created in
29accordance with section 237.19 who are assigning or reviewing
30the child’s case.
31e. An agency, association, facility, or institution which
32has custody of the child, or is legally responsible for the
33care, treatment, or supervision of the child, including but not
34limited to the department of human services.
35 Sec. 633. Section 232.158A, subsection 1, unnumbered
-400-1paragraph 1, Code 2023, is amended to read as follows:
2Notwithstanding any provision of the interstate compact
3on the placement of children under section 232.158 to the
4contrary, the department of human services shall permit the
5legal risk placement of a child under the interstate compact on
6the placement of children if the prospective adoptive parent
7provides a legal risk statement, in writing, acknowledging all
8of the following:
9 Sec. 634. Section 232.158A, subsection 1, paragraph d, Code
102023, is amended to read as follows:
11d. That the prospective adoptive parent assumes full legal,
12financial, and other risks associated with the legal risk
13placement and that the prospective adoptive parent agrees
14to hold the department of human services harmless for any
15disruption or failure of the placement.
16 Sec. 635. Section 232.160, Code 2023, is amended to read as
17follows:
18232.160 Department of health and human services as public
19authority.
20The “appropriate public authorities” as used in article III
21of the interstate compact on the placement of children under
22section 232.158 shall, with reference to this state, mean the
23state department of health and human services and said the
24 department shall receive and act with reference to notices
25required by article III of that interstate compact.
26 Sec. 636. Section 232.161, Code 2023, is amended to read as
27follows:
28232.161 Department as authority in receiving state.
29As used in paragraph “a” of article V of the interstate
30compact on the placement of children under section 232.158,
31the phrase “appropriate authority in the receiving state” with
32reference to this state shall mean means the state department
33of health and human services.
34 Sec. 637. Section 232.162, Code 2023, is amended to read as
35follows:
-401- 1232.162 Authority to enter agreements.
2The officers and agencies of this state and its subdivisions
3having authority to place children may enter into agreements
4with appropriate officers or agencies of or in other party
5states pursuant to paragraph “b” of article V of the interstate
6compact on the placement of children under section 232.158.
7Any such agreement which contains a financial commitment or
8imposes a financial obligation on this state or a subdivision
9or agency of this state shall not be binding unless it has the
10approval in writing of the administrator of child and family
11services director or the director’s designee in the case of the
12state and the county general assistance director in the case
13of a subdivision of the state.
14 Sec. 638. Section 232.168, Code 2023, is amended to read as
15follows:
16232.168 Attorney general to enforce.
17The attorney general may, on the attorney general’s own
18initiative, institute any criminal and civil actions and
19proceedings under this subchapter, at whatever stage of
20placement necessary, to enforce the interstate compact on
21the placement of children, including, but not limited to,
22seeking enforcement of the provisions of the compact through
23the courts of a party state. The department of human services
24 shall cooperate with the attorney general and shall refer any
25placement or proposed placement to the attorney general which
26may require enforcement measures.
27 Sec. 639. Section 232.171, subsection 4, Code 2023, is
28amended to read as follows:
294. Article IV — Return of runaways.
30a. (1) That the parent, guardian, or person or agency
31entitled to legal custody of a juvenile who has not been
32adjudged delinquent but who has run away without the consent
33of such parent, guardian, or person or agency may petition
34the appropriate court in the demanding state for the issuance
35of a requisition for the juvenile’s return. The petition
-402-1shall state the name and age of the juvenile, the name of the
2petitioner and the basis of entitlement to the juvenile’s
3custody, the circumstances of the juvenile’s running away,
4the juvenile’s location if known at the time application
5is made, and such other facts as may tend to show that the
6juvenile who has run away is endangering the juvenile’s own
7welfare or the welfare of others and is not an emancipated
8minor. The petition shall be verified by affidavit, shall
9be executed in duplicate, and shall be accompanied by two
10certified copies of the document or documents on which the
11petitioner’s entitlement to the juvenile’s custody is based,
12such as birth certificates, letters of guardianship, or custody
13decrees. Such further affidavits and other documents as may
14be deemed proper may be submitted with such petition. The
15judge of the court to which this application is made may hold a
16hearing thereon to determine whether for the purposes of this
17compact the petitioner is entitled to the legal custody of the
18juvenile, whether or not it appears that the juvenile has in
19fact run away without consent, whether or not the juvenile is
20an emancipated minor, and whether or not it is in the best
21interest of the juvenile to compel the juvenile’s return to
22the state. If the judge determines, either with or without a
23hearing, that the juvenile should be returned, the judge shall
24present to the appropriate court or to the executive authority
25of the state where the juvenile is alleged to be located a
26written requisition for the return of such juvenile. Such
27requisition shall set forth the name and age of the juvenile,
28the determination of the court that the juvenile has run away
29without the consent of a parent, guardian, or person or agency
30entitled to the juvenile’s legal custody, and that it is in
31the best interest and for the protection of such juvenile that
32the juvenile be returned. In the event that a proceeding for
33the adjudication of the juvenile as a delinquent, neglected or
34dependent juvenile is pending in the court at the time when
35such juvenile runs away, the court may issue a requisition for
-403-1the return of such juvenile upon its own motion, regardless
2of the consent of the parent, guardian, or person or agency
3entitled to legal custody, reciting therein the nature and
4circumstances of the pending proceeding. The requisition shall
5in every case be executed in duplicate and shall be signed by
6the judge. One copy of the requisition shall be filed with the
7compact administrator of the demanding state, there to remain
8on file subject to the provisions of law governing records
9of such court. Upon the receipt of a requisition demanding
10the return of a juvenile who has run away, the court or the
11executive authority to whom the requisition is addressed shall
12issue an order to any peace officer or other appropriate person
13directing the officer or person to take into custody and detain
14such juvenile. Such detention order must substantially recite
15the facts necessary to the validity of its issuance hereunder.
16No juvenile detained upon such order shall be delivered over
17to the officer whom the court demanding the juvenile shall
18have appointed to receive the juvenile, unless the juvenile
19shall first be taken forthwith before a judge of a court in the
20state, who shall inform the juvenile of the demand made for
21the juvenile’s return, and who may appoint counsel or guardian
22ad litem for the juvenile. If the judge of such court shall
23find that the requisition is in order, the judge shall deliver
24such juvenile over to the officer whom the court demanding the
25juvenile shall have appointed to receive the juvenile. The
26judge, however, may fix a reasonable time to be allowed for the
27purpose of testing the legality of the proceeding.
28(2) Upon reasonable information that a person is a juvenile
29who has run away from another state party to this compact
30without the consent of a parent, guardian, or person or agency
31entitled to the juvenile’s legal custody, such juvenile may be
32taken into custody without a requisition and brought forthwith
33before a judge of the appropriate court who may appoint counsel
34or guardian ad litem for such juvenile and who shall determine
35after a hearing whether sufficient cause exists to hold the
-404-1person, subject to the order of the court, for the person’s own
2protection and welfare, for such a time not exceeding ninety
3days as will enable the person’s return to another state party
4to this compact pursuant to a requisition for the person’s
5return from a court of that state. If, at the time when a
6state seeks the return of a juvenile who has run away, there is
7pending in the state wherein the juvenile is found any criminal
8charge, or any proceeding to have the juvenile adjudicated a
9delinquent juvenile for an act committed in such state, or
10if the juvenile is suspected of having committed within such
11state a criminal offense or an act of juvenile delinquency,
12the juvenile shall not be returned without the consent of
13such state until discharged from prosecution or other form of
14proceeding, imprisonment, detention or supervision for such
15offense or juvenile delinquency. The duly accredited officers
16of any state party to this compact, upon the establishment
17of their authority and the identity of the juvenile being
18returned, shall be permitted to transport such juvenile through
19any and all states party to this compact, without interference.
20Upon the juvenile’s return to the state from which the juvenile
21ran away, the juvenile shall be subject to such further
22proceedings as may be appropriate under the laws of that state.
23b. That the state to which a juvenile is returned under this
24article shall be responsible for payment of the transportation
25costs of such return.
26c. That “juvenile” as used in this article means any person
27who is a minor under the law of the state of residence of the
28parent, guardian, or person or agency entitled to the legal
29custody of such minor.
30 Sec. 640. Section 232.171, subsection 7, paragraph a, Code
312023, is amended to read as follows:
32a. That the duly constituted judicial and administrative
33authorities of a state party to this compact, herein called
34“sending state”, may permit any delinquent juvenile within
35such state, placed on probation or parole, to reside in any
-405-1other state party to this compact, herein called “receiving
2state”, while on probation or parole, and the receiving
3state shall accept such delinquent juvenile, if the parent,
4guardian, or person entitled to the legal custody of such
5delinquent juvenile is residing or undertakes to reside
6within the receiving state. Before granting such permission,
7opportunity shall be given to the receiving state to make such
8investigations as it deems necessary. The authorities of the
9sending state shall send to the authorities of the receiving
10state copies of pertinent court orders, social case studies
11and all other available information which may be of value to
12and assist the receiving state in supervising a probationer
13or parolee under this compact. A receiving state, in its
14discretion, may agree to accept supervision of a probationer or
15parolee in cases where the parent, guardian, or person entitled
16to the legal custody of the delinquent juvenile is not a
17resident of the receiving state, and if so accepted the sending
18state may transfer supervision accordingly.
19 Sec. 641. Section 232.171, subsection 10, paragraph f, Code
202023, is amended to read as follows:
21f. Provide that the consent of the parent, guardian, or
22 person or agency entitled to the legal custody of said the
23 delinquent juvenile shall be secured prior to the juvenile
24being sent to another state; and
25 Sec. 642. Section 232.188, Code 2023, is amended to read as
26follows:
27232.188 Decategorization of child welfare and juvenile
28justice funding initiative.
291. Definitions. For the purposes of this section, unless
30the context otherwise requires:
31a. “Decategorization governance board” or “governance
32board” means the group that enters into and implements a
33decategorization project agreement.
34b. “Decategorization project” means the county or counties
35that have entered into a decategorization agreement to
-406-1implement the decategorization initiative in the county or
2multicounty area covered by the agreement.
3c. “Decategorization services funding pool” or “funding pool”
4means the funding designated for a decategorization project
5from all sources.
62. Purpose. The decategorization of the child welfare and
7juvenile justice funding initiative is intended to establish
8a system of delivering human services based upon client needs
9to replace a system based upon a multitude of categorical
10programs and funding sources, each with different service
11definitions and eligibility requirements. The purposes of
12the decategorization initiative include but are not limited
13to redirecting child welfare and juvenile justice funding
14to services which are more preventive, family-centered,
15and community-based in order to reduce use of restrictive
16approaches which rely upon institutional, out-of-home, and
17out-of-community services.
183. Implementation.
19a. Implementation of the initiative shall be through
20creation of decategorization projects. A project shall consist
21of either a single county or a group of counties interested
22in jointly implementing the initiative. Representatives of
23the department, juvenile court services, and county government
24shall develop a project agreement to implement the initiative
25within a project.
26b. The initiative shall include community planning
27activities in the area covered by a project. As part of
28the community planning activities, the department shall
29partner with other community stakeholders to develop service
30alternatives that provide less restrictive levels of care for
31children and families receiving services from the child welfare
32and juvenile justice systems within the project area.
33c. The decategorization initiative shall not be implemented
34in a manner that limits the legal rights of children and
35families to receive services.
-407- 14. Governance board.
2a. In partnership with an interested county or group of
3counties which has demonstrated the commitment and involvement
4of the affected county department, or departments, of human
5services, the juvenile justice system within the project
6area, and board, or boards, of supervisors in order to form
7a decategorization project, the department shall develop
8a process for combining specific state and state-federal
9funding categories into a decategorization services funding
10pool for that project. A decategorization project shall be
11implemented by a decategorization governance board. The
12decategorization governance board shall develop specific,
13quantifiable short-term and long-term plans for enhancing the
14family-centered and community-based services and reducing
15reliance upon out-of-community care in the project area.
16b. The department shall work with the decategorization
17governance boards to best coordinate planning activities and
18most effectively target funding resources. A departmental
19service area manager The department shall work with the
20decategorization governance boards in that service area to
21support board planning and service development activities and
22to promote the most effective alignment of resources.
23c. A decategorization governance board shall coordinate
24the project’s planning and budgeting activities with the
25departmental service area manager department’s designee for the
26county or counties comprising the project area and the early
27childhood Iowa area board or boards for the early childhood
28Iowa area or areas within which the decategorization project
29is located.
305. Funding pool.
31a. The governance board for a decategorization project has
32authority over the project’s decategorization services funding
33pool and shall manage the pool to provide more flexible,
34individualized, family-centered, preventive, community-based,
35comprehensive, and coordinated service systems for children and
-408-1families served in that project area. A funding pool shall
2also be used for child welfare and juvenile justice systems
3enhancements.
4b. Notwithstanding section 8.33, moneys designated for a
5project’s decategorization services funding pool that remain
6unencumbered or unobligated at the close of the fiscal year
7shall not revert but shall remain available for expenditure as
8directed by the project’s governance board for child welfare
9and juvenile justice systems enhancements and other purposes
10of the project for the next three succeeding fiscal years.
11Such moneys shall be known as “carryover funding”. Moneys may
12be made available to a funding pool from one or more of the
13following sources:
14(1) Funds designated for the initiative in a state
15appropriation.
16(2) Child welfare and juvenile justice services funds
17designated for the initiative by a departmental service area
18manager the department.
19(3) Juvenile justice program funds designated for the
20initiative by a chief juvenile court officer.
21(4) Carryover funding.
22(5) Any other source designating moneys for the funding
23pool.
24c. The services and activities funded from a project’s
25funding pool may vary depending upon the strategies selected
26by the project’s governance board and shall be detailed in an
27annual child welfare and juvenile justice decategorization
28services plan developed by the governance board. A
29decategorization governance board shall involve community
30representatives and county organizations in the development of
31the plan for that project’s funding pool. In addition, the
32governance board shall coordinate efforts through communication
33with the appropriate departmental service area manager
34 department regarding budget planning and decategorization
35service decisions.
-409- 1d. A decategorization governance board is responsible for
2ensuring that decategorization services expenditures from that
3project’s funding pool do not exceed the amount of funding
4available. If necessary, the governance board shall reduce
5expenditures or discontinue specific services as necessary to
6manage within the funding pool resources available for a fiscal
7year.
8e. The annual child welfare and juvenile justice
9decategorization services plan developed for use of the funding
10pool by a decategorization governance board shall be submitted
11to the department administrator of child welfare services
12 and the early childhood Iowa state board. In addition, the
13decategorization governance board shall submit an annual
14progress report to the department administrator and the early
15childhood Iowa state board which summarizes the progress made
16toward attaining the objectives contained in the plan. The
17progress report shall serve as an opportunity for information
18sharing and feedback.
196. Departmental role. A The departmental service area’s
20 share of the child welfare appropriation that is not allocated
21by law for the decategorization initiative shall be managed
22by and is under the authority of the service area manager
23 department. A service area manager The department is
24responsible for meeting the child welfare service needs in the
25counties comprising the service area with the available funding
26resources.
27 Sec. 643. Section 232.189, unnumbered paragraph 1, Code
282023, is amended to read as follows:
29Based upon a model reasonable efforts family court
30initiative, the director of human services and the chief
31justice of the supreme court or their designees shall jointly
32establish and implement a statewide protocol for reasonable
33efforts, as defined in section 232.102. In addition, the
34director and the chief justice shall design and implement
35a system for judicial and departmental reasonable efforts
-410-1education for deployment throughout the state. The system for
2reasonable efforts education shall be developed in a manner
3which addresses the particular needs of rural areas and shall
4include but is not limited to all of the following topics:
5 Sec. 644. Section 232B.3, Code 2023, is amended by adding
6the following new subsections:
7 NEW SUBSECTION. 3A. “Department” means the department of
8health and human services.
9 NEW SUBSECTION. 3B. “Director” means the director of health
10and human services.
11 Sec. 645. Section 232B.9, subsections 8 and 9, Code 2023,
12are amended to read as follows:
138. A record of each foster care placement, emergency
14removal, preadoptive placement, or adoptive placement of an
15Indian child, under the laws of this state, shall be maintained
16in perpetuity by the department of human services in accordance
17with section 232B.13. The record shall document the active
18efforts to comply with the applicable order of preference
19specified in this section.
209. The state of Iowa recognizes the authority of Indian
21tribes to license foster homes and to license agencies to
22receive children for control, care, and maintenance outside
23of the children’s own homes, or to place, receive, arrange
24the placement of, or assist in the placement of children for
25foster care or adoption. The department of human services and
26child-placing agencies licensed under chapter 238 may place
27children in foster homes and facilities licensed by an Indian
28tribe.
29 Sec. 646. Section 232B.11, subsections 1 and 2, Code 2023,
30are amended to read as follows:
311. The director of human services or the director’s designee
32shall make a good faith effort to enter into agreements
33with Indian tribes regarding jurisdiction over child custody
34proceedings and the care and custody of Indian children whose
35tribes have land within Iowa, including but not limited to
-411-1the Sac and Fox tribe, the Omaha tribe, the Ponca tribe, and
2the Winnebago tribe, and whose tribes have an Indian child
3who resides in the state of Iowa. An agreement shall seek to
4promote the continued existence and integrity of the Indian
5tribe as a political entity and the vital interest of Indian
6children in securing and maintaining a political, cultural,
7and social relationship with their tribes. An agreement
8shall assure that tribal services and Indian organizations
9or agencies are used to the greatest extent practicable in
10planning and implementing any action pursuant to the agreement
11concerning the care and custody of Indian children. If tribal
12services are not available, an agreement shall assure that
13community services and resources developed specifically for
14Indian families will be used.
152. If an agreement entered into between the tribe and the
16department of human services pertaining to the funding of
17foster care placements for Indian children conflicts with any
18federal or state law, the state in a timely, good faith manner
19shall agree to amend the agreement in a way that prevents any
20interruption of services to eligible Indian children.
21 Sec. 647. Section 232B.12, Code 2023, is amended to read as
22follows:
23232B.12 Payment of foster care expenses.
241. If the department of human services has legal custody
25of an Indian child and that child is placed in foster care
26according to the placement preferences under section 232B.9
27the state shall pay, subject to any applicable federal funding
28limitations and requirements, the cost of the foster care in
29the manner and to the same extent the state pays for foster
30care of non-Indian children, including the administrative and
31training costs associated with the placement. In addition,
32the state shall pay the other costs related to the foster care
33placement of an Indian child as may be provided for in an
34agreement entered into between a tribe and the state.
352. The department of human services may, subject to any
-412-1applicable federal funding limitations and requirements and
2within funds appropriated for foster care services, purchase
3care for Indian children who are in the custody of a federally
4recognized Indian tribe or tribally licensed child-placing
5agency pursuant to parental consent, tribal court order, or
6state court order; and the purchase of the care is subject to
7the same eligibility standards and rates of support applicable
8to other children for whom the department purchases care.
9 Sec. 648. Section 232B.13, subsections 1, 3, 4, and 5, Code
102023, are amended to read as follows:
111. The department of human services shall establish an
12automated database where a permanent record shall be maintained
13of every involuntary or voluntary foster care, preadoptive
14placement, or adoptive placement of an Indian child that is
15ordered by a court of this state and in which the department
16was involved. The automated record shall document the active
17efforts made to comply with the order of placement preference
18specified in section 232B.9. An Indian child’s placement
19record shall be maintained in perpetuity by the department
20of human services and shall include but is not limited to
21the name, birthdate, and gender of the Indian child, and the
22location of the local department office that maintains the
23original file and documents containing the information listed
24in subsection 2.
253. If a court orders the foster care, preadoptive placement,
26or adoptive placement of an Indian child, the court and any
27state-licensed child-placing agency involved in the placement
28shall provide the department of human services with the records
29described in subsections 1 and 2.
304. A record maintained pursuant to this section by the
31department of human services, a county department of human
32services, state-licensed child-placing agency, private
33attorney, or medical facility shall be made available within
34seven days of a request for the record by the Indian child’s
35tribe or the secretary of the interior.
-413- 15. Upon the request of an Indian individual who is eighteen
2years of age or older, or upon the request of an Indian
3child’s parent, Indian custodian, attorney, guardian ad litem,
4guardian, legal custodian, or caseworker of the Indian child,
5the department of human services, a county department of
6human services, state-licensed child-placing agency, private
7attorney, or medical facility shall provide access to the
8records pertaining to the Indian individual or child maintained
9pursuant to this section. The records shall also be made
10available upon the request of the descendants of the Indian
11individual or child. A record shall be made available within
12seven days of a request for the record by any person authorized
13by this subsection to make the request.
14 Sec. 649. Section 232B.14, subsection 1, Code 2023, is
15amended to read as follows:
161. The department of human services, in consultation
17with Indian tribes, shall establish standards and procedures
18for the department’s review of cases subject to this chapter
19and methods for monitoring the department’s compliance with
20provisions of the federal Indian Child Welfare Act and this
21chapter. These standards and procedures and the monitoring
22methods shall be integrated into the department’s structure
23and plan for the federal government’s child and family service
24review process and any program improvement plan resulting from
25that process.
26 Sec. 650. Section 232C.2, subsection 1, Code 2023, is
27amended to read as follows:
281. Prior to an emancipation hearing held pursuant to
29section 232C.1, the court, on its own motion, may stay the
30proceedings, and refer the parties to mediation or request
31that the department of health and human services investigate
32any allegations of child abuse or neglect contained in the
33petition, and order that a written report be prepared and filed
34by the department.
35 Sec. 651. Section 232C.4, subsection 6, Code 2023, is
-414-1amended to read as follows:
26. A parent who is absolved of child support obligations
3pursuant to an emancipation order shall notify the child
4support recovery unit services of the department of health and
5 human services of the emancipation.
6 Sec. 652. Section 232D.204, subsection 4, Code 2023, is
7amended to read as follows:
84. A proceeding under this section shall not create a new
9eligibility category for the department of health and human
10services protective services.
11 Sec. 653. Section 232D.307, subsection 3, Code 2023, is
12amended to read as follows:
133. The judicial branch in conjunction with the department
14of public safety, the department of health and human services,
15and the state chief information officer shall establish
16procedures for electronic access to the single contact
17repository necessary to conduct background checks requested
18under subsection 1.
19 Sec. 654. Section 233.2, subsection 2, paragraphs c and d,
20Code 2023, are amended to read as follows:
21c. If the physical custody of the newborn infant is
22relinquished at an institutional health facility, the state
23shall reimburse the institutional health facility for the
24institutional health facility’s actual expenses in providing
25care to the newborn infant and in performing acts necessary to
26protect the physical health or safety of the newborn infant.
27The reimbursement shall be paid from moneys appropriated for
28this purpose to the department of health and human services.
29d. If the name of the parent is unknown to the institutional
30health facility, the individual on duty or other person
31designated by the institutional health facility at which
32physical custody of the newborn infant was relinquished shall
33submit the certificate of birth report as required pursuant to
34section 144.14. If the name of the parent is disclosed to the
35institutional health facility, the facility shall submit the
-415-1certificate of birth report as required pursuant to section
2144.13. The department of public health and human services
3 shall not file the certificate of birth with the county of
4birth and shall otherwise maintain the confidentiality of the
5birth certificate in accordance with section 144.43.
6 Sec. 655. Section 233.2, subsection 3, Code 2023, is amended
7to read as follows:
83. As soon as possible after the individual on duty or first
9responder assumes physical custody of a newborn infant released
10under subsection 1, the individual or first responder shall
11notify the department of health and human services and the
12department shall take the actions necessary to assume the care,
13control, and custody of the newborn infant. The department
14shall immediately notify the juvenile court and the county
15attorney of the department’s action and the circumstances
16surrounding the action and request an ex parte order from the
17juvenile court ordering, in accordance with the requirements of
18section 232.78, the department to take custody of the newborn
19infant. Upon receiving the order, the department shall take
20custody of the newborn infant. Within twenty-four hours of
21taking custody of the newborn infant, the department shall
22notify the juvenile court and the county attorney in writing
23of the department’s action and the circumstances surrounding
24the action.
25 Sec. 656. Section 233.6, unnumbered paragraph 1, Code 2023,
26is amended to read as follows:
27The department of health and human services, in consultation
28with the Iowa department of public health and the department of
29justice, shall develop and distribute the following:
30 Sec. 657. Section 233A.1, Code 2023, is amended to read as
31follows:
32233A.1 State training school — Eldora.
331. Effective January 1, 1992, a diagnosis and evaluation
34center and other units are established at the state training
35school to provide court-committed male juvenile delinquents a
-416-1program which focuses upon appropriate developmental skills,
2treatment, placements, and rehabilitation.
32. The diagnosis and evaluation center which is used to
4identify appropriate treatment and placement alternatives for
5juveniles and any other units for juvenile delinquents which
6are located at Eldora shall be known as the “state training
7school”.
83. For the purposes of this chapter “director”:
9a. “Department” means the department of health and human
10services.
11b. “Director”means the director of health and human
12services and “superintendent”.
13c. “State training school” means the diagnosis and
14evaluation center which is used to identify appropriate
15treatment and placement alternatives for juveniles and any
16other units for juvenile delinquents which are located at
17Eldora.
18d. “Superintendent”means the administrator in charge of the
19diagnosis and evaluation center for juvenile delinquents and
20other units at the state training school.
213. 4. The number of children present at any one time at
22the state training school shall not exceed the population
23guidelines established under 1990 Iowa Acts, ch.1239, §21, as
24adjusted for subsequent changes in the capacity at the training
25school.
26 Sec. 658. Section 233A.3, Code 2023, is amended to read as
27follows:
28233A.3 Salary.
29The salary of the superintendent of the state training
30school shall be determined by the administrator director.
31 Sec. 659. Section 233A.6, Code 2023, is amended to read as
32follows:
33233A.6 Visits.
34Members of the executive council, the attorney general,
35the lieutenant governor, members of the general assembly,
-417-1judges of the supreme and district court and court of appeals,
2magistrates, county attorneys, and persons ordained or
3designated as regular leaders of a religious community are
4authorized to may visit the state training school at reasonable
5times. No other person shall be granted admission except by
6permission of the superintendent.
7 Sec. 660. Section 233A.7, Code 2023, is amended to read as
8follows:
9233A.7 Placing in families.
10All children committed to and received in the state training
11school may be placed by the department under foster care
12arrangements, with any persons or in families of good standing
13and character where they the children will be properly cared
14for and educated. The cost of foster care provided under these
15arrangements shall be paid as provided in section 234.35.
16 Sec. 661. Section 233A.8, Code 2023, is amended to read as
17follows:
18233A.8 Articles of agreement.
19Such children shall be so A child placed in foster care as
20provided in section 233A.7 shall be placed under articles of
21agreement, approved by the administrator director and signed
22by the person or persons taking them providing foster care and
23by the superintendent. Said The articles of agreement shall
24provide for the custody, care, education, maintenance, and
25earnings of said children the child for a time to be fixed
26 specified in said the articles, which shall not extend beyond
27the time when the persons bound shall attain the child attains
28 age of eighteen years of age.
29 Sec. 662. Section 233A.9, Code 2023, is amended to read as
30follows:
31233A.9 Resuming custody of child.
32In case If a child so placed be in foster care as provided
33in section 233A.7 is not given the care, education, treatment,
34and maintenance required by such the articles of agreement, the
35administrator director may cause the child to be taken from
-418-1the person with whom placed and returned return the child to
2the institution state training school, or may replace place
3the child in a different foster care placement, or release, or
4finally discharge the child as may seem best.
5 Sec. 663. Section 233A.10, Code 2023, is amended to read as
6follows:
7233A.10 Unlawful interference.
8It shall be unlawful for any parent or other person not
9a party to such the placing of a child in foster care to
10interfere in any manner or assume or exercise any control over
11such the child or the child’s earnings. Said The child’s
12 earnings shall be used, held, or otherwise applied for the
13exclusive benefit of such the child, in accordance with section
14234.37.
15 Sec. 664. Section 233A.11, Code 2023, is amended to read as
16follows:
17233A.11 County attorney to appear for child.
18In case legal proceedings are necessary to enforce any
19right conferred on any child by sections 233A.7 through
20233A.10, the county attorney of the county in which such
21proceedings should be instituted shall, on the request of the
22superintendent, approved by subject to the approval of the
23administrator director, institute and carry on, in the name of
24the superintendent, out the proceedings in on behalf of the
25superintendent.
26 Sec. 665. Section 233A.12, Code 2023, is amended to read as
27follows:
28233A.12 Discharge or parole.
29The administrator director may at any time after one year’s
30service order the discharge or parole of any inmate as a reward
31for good conduct, and may, in exceptional cases, discharge or
32parole inmates without regard to the length of their service
33or conduct, when satisfied that the reasons therefor for the
34discharge or parole are urgent and sufficient. If paroled upon
35satisfactory evidence of reformation, the order may remain in
-419-1effect or terminate under such rules as the administrator may
2prescribe prescribed by the director.
3 Sec. 666. Section 233A.13, Code 2023, is amended to read as
4follows:
5233A.13 Binding out or discharge Discharge.
6The binding out or the discharge of an inmate as reformed, or
7having arrived at the age of eighteen years of age, shall be a
8complete release from all penalties incurred by the conviction
9for the offense upon which the child was committed to the
10school.
11 Sec. 667. Section 233A.14, Code 2023, is amended to read as
12follows:
13233A.14 Transfers to other institutions.
14The administrator director may transfer minor wards of
15the state to the state training school minor wards of the
16state from any institution under the administrator’s charge
17 director’s control, but no a person shall not be so transferred
18who is mentally ill or has a mental illness or an intellectual
19disability. Any child in the state training school who is
20mentally ill has a mental illness or has an intellectual
21disability may be transferred by the administrator director to
22the proper state institution.
23 Sec. 668. Section 233A.15, Code 2023, is amended to read as
24follows:
25233A.15 Transfers to work in parks.
261. The administrator director may detail assign children,
27classed as from the state training school deemed trustworthy,
28from the state training school, to perform services for the
29department of natural resources within the state parks, state
30game and forest areas, and other lands under the jurisdiction
31of the department of natural resources. The department of
32natural resources shall provide permanent housing and work
33guidance supervision, but the care and custody of the children
34so detailed assigned shall remain under employees of the
35division of child and family services of with the department of
-420-1human services. All such programs shall have as their primary
2purpose and shall provide for inculcation or the activation of
3attitudes, skills, and habit patterns which will be conducive
4to the habilitation of the youths children involved.
52. The administrator is hereby authorized to director
6may use state-owned mobile housing equipment and facilities
7in performing services at temporary locations in the areas
8described in subsection 1.
9 Sec. 669. Section 234.1, Code 2023, is amended to read as
10follows:
11234.1 Definitions.
12As used in this chapter, unless the context otherwise
13requires:
141. “Administrator” means the administrator of the division.
152. 1. “Child” means either a person less than eighteen
16years of age or a person eighteen, nineteen, or twenty years of
17age who meets all of the following conditions:
18a. The person was placed by court order issued pursuant
19to chapter 232 in foster care or in an institution listed in
20section 218.1 and either of the following situations apply to
21the person:
22(1) After reaching eighteen years of age, the person
23has remained continuously and voluntarily under the care
24of an individual, as defined in section 237.1, licensed to
25provide foster care pursuant to chapter 237 or in a supervised
26apartment living arrangement, in this state.
27(2) The person aged out of foster care after reaching
28eighteen years of age and subsequently voluntarily applied for
29placement with an individual, as defined in section 237.1,
30licensed to provide foster care pursuant to chapter 237 or for
31placement in a supervised apartment living arrangement, in this
32state.
33b. The person has demonstrated a willingness to participate
34in case planning and to complete the responsibilities
35prescribed in the person’s case permanency plan.
-421- 1c. The department has made an application for the person
2for adult services upon a determination that it is likely the
3person will need or be eligible for services or other support
4from the adult services system.
53. “Division” or “state division” means that division of the
6department of human services to which the director has assigned
7responsibility for income and service programs.
84. “Food assistance program” means the benefits provided
9through the United States department of agriculture program
10administered by the department of human services in accordance
11with 7 C.F.R. pts.270 – 283.
122. “Council” means the council on health and human services.
133. “Department” means the department of health and human
14services.
154. “Director” means the director of health and human
16services.
175. “Food programs” means the food stamp supplemental
18nutrition assistance program and donated foods programs
19authorized by federal law under the United States department
20of agriculture.
216. “Supplemental nutrition assistance program” or “SNAP”
22 means benefits provided by the federal program administered
23through 7 C.F.R.pts.270 – 280, as amended.
24 Sec. 670. Section 234.4, Code 2023, is amended to read as
25follows:
26234.4 Education of children in departmental programs.
27If the department of human services has custody or has other
28responsibility for a child based upon the child’s involvement
29in a departmental program involving foster care, preadoption or
30adoption, or subsidized guardianship placement and the child
31is subject to the compulsory attendance law under chapter 299,
32the department shall fulfill the responsibilities outlined in
33section 299.1 and other responsibilities under federal and
34state law regarding the child’s school attendance. As part
35of fulfilling the responsibilities described in this section,
-422-1if the department has custody or other responsibility for
2placement and care of a child and the child transfers to a
3different school during or immediately preceding the period of
4custody or other responsibility, within the first six weeks of
5the transfer date the department shall assess the student’s
6degree of success in adjusting to the different school.
7 Sec. 671. Section 234.6, Code 2023, is amended to read as
8follows:
9234.6 Powers and duties of the administrator director.
101. The administrator shall be vested with the authority
11to director shall administer the family investment program,
12state supplementary assistance, food programs, child welfare,
13and emergency relief, family and adult service programs, and
14any other form of public welfare assistance and institutions
15that are placed under the administrator’s director’s
16 administration. The administrator director shall perform
17duties, shall formulate and adopt rules as may be necessary,
18and shall outline policies, dictate procedure, and delegate
19such powers as may be necessary for competent and efficient
20administration. Subject to restrictions that may be imposed
21by the director of human services and the council on human
22services, the administrator director may abolish, alter,
23consolidate, or establish subdivisions subunits and may abolish
24or change offices previously created existing subunits. The
25administrator director may employ necessary personnel and
26fix determine their compensation; may allocate or reallocate
27functions and duties among any subdivisions now existing or
28later established subunits; and may adopt rules relating to the
29employment of personnel and the allocation of their functions
30and duties among the various subdivisions subunits as required
31for competent and efficient administration may require. The
32administrator director shall do all of the following:
33a. Cooperate with the social security administration created
34by the Social Security Act and codified at 42 U.S.C. §901,
35or other agency of the federal government for public welfare
-423-1 assistance, in such reasonable manner as may be necessary to
2qualify for federal aid, including the making of such reports
3in such form and containing such information as the social
4security administration, from time to time, may require,
5and to comply with such regulations as such social security
6administration, from time to time, may find necessary to assure
7the correctness and verification of such reports.
8b. Furnish information to acquaint the public generally
9with the operation of the federal Acts under the director’s
10 jurisdiction of the administrator.
11c. With the approval of the director of human services,
12the governor, the director of the department of management,
13and the director of the department of administrative services,
14set up establish an administrative fund from the funds under
15the administrator’s director’s control and management an
16administrative fund and from the administrative fund pay the
17expenses of operating the division department’s duties under
18this chapter.
19d. Notwithstanding any provisions to the contrary in chapter
20239B relating to the consideration of income and resources
21of claimants for assistance, the administrator, and with the
22consent and approval of the director of human services and
23the council on human services, shall make such adopt rules as
24may be necessary to qualify for federal aid in the assistance
25programs administered by the administrator director.
26e. Have authority to use Use funds available to the
27department, subject to any limitations placed on the use
28thereof of the funds by the legislation appropriating the
29funds, to provide to or purchase, for eligible families and
30individuals eligible therefor, services including but not
31limited to the following:
32(1) Child care for children or adult day services, in
33facilities which are licensed or are approved as meeting
34standards for licensure.
35(2) Foster care, including foster family care, group homes,
-424-1and institutions.
2(3) Family-centered services, as defined in section
3232.102A, subsection 1, paragraph “b”.
4(4) Family planning.
5(5) Protective services.
6(6) Services or support provided to a child with an
7intellectual disability or other developmental disability or
8to the child’s family.
9(7) Transportation services.
10(8) Any services, not otherwise enumerated in this
11paragraph “e”, authorized by or pursuant to the United States
12Social Security Act of 1934, as amended.
13f. Administer the food programs authorized by federal law,
14and recommend rules necessary in the administration of those
15programs to the director for adoption pursuant to chapter 17A.
16g. Provide consulting and technical services to the director
17of the department of education, or the director’s designee,
18upon request, relating to prekindergarten, kindergarten, and
19before and after school programming and facilities.
20h. Recommend rules for their adoption by the council on
21human services for before and after school child care programs,
22conducted within and by or contracted for by school districts,
23that are appropriate for the ages of the children who receive
24services under the programs.
252. The department of human services shall have the power
26and authority to may use the funds available to it, to purchase
27services of all kinds from public or private agencies to
28provide for the needs of children, including but not limited to
29psychiatric services, supervision, specialized group, foster
30homes, and institutional care.
313. In determining the reimbursement rate for services
32purchased by the department of human services from a person
33or agency, the department shall not include private moneys
34contributed to the person or agency unless the moneys are
35contributed for services provided to a specific individual.
-425-1 Sec. 672. Section 234.7, Code 2023, is amended to read as
2follows:
3234.7 Department duties.
41. The department of human services shall comply with the
5provision associated with child foster care licensees under
6chapter 237 that requires that a child’s foster parent be
7included in, and be provided timely notice of, planning and
8review activities associated with the child, including but not
9limited to permanency planning and placement review meetings,
10which shall include discussion of the child’s rehabilitative
11treatment needs.
122. a. The department of human services shall submit a
13waiver request to the United States department of health and
14human services as necessary to provide coverage under the
15medical assistance program for children who are described by
16both of the following:
17(1) The child needs behavioral health care services and
18qualifies for the care level provided by a psychiatric medical
19institution for children licensed under chapter 135H.
20(2) The child is in need of treatment to cure or alleviate
21serious mental illness or disorder, or emotional damage
22as evidenced by severe anxiety, depression, withdrawal, or
23untoward aggressive behavior toward self or others and whose
24parent, guardian, or custodian is unable to provide such
25treatment.
26b. The waiver request shall provide for appropriately
27addressing the needs of children described in paragraph “a” by
28implementing any of the following options: using a wraparound
29services approach, renegotiating the medical assistance program
30contract provisions for behavioral health services, or applying
31another approach for appropriately meeting the children’s
32needs.
33c. If federal approval of the waiver request is not
34received, the department shall submit options to the governor
35and general assembly to meet the needs of such children through
-426-1a state-funded program.
2 Sec. 673. Section 234.8, Code 2023, is amended to read as
3follows:
4234.8 Fees for child welfare services.
5The department of human services may charge a fee for
6child welfare services to a person liable for the cost of the
7services. The fee shall not exceed the reasonable cost of the
8services. The fee shall be based upon the person’s ability
9to pay and consideration of the fee’s impact upon the liable
10person’s family and the goals identified in the case permanency
11plan. The department may assess the liable person for the fee
12and the means of recovery shall include a setoff against an
13amount owed by a state agency to the person assessed pursuant
14to section 8A.504. In addition the department may establish
15an administrative process to recover the assessment through
16automatic income withholding. The department shall adopt
17rules pursuant to chapter 17A to implement the provisions of
18this section. This section does not apply to court-ordered
19services provided to juveniles which are a charge upon the
20state pursuant to section 232.141 and services for which the
21department has established a support obligation pursuant to
22section 234.39.
23 Sec. 674. Section 234.12, Code 2023, is amended to read as
24follows:
25234.12 Department to provide food programs.
261. The department of human services is authorized to
27 may enter into such agreements with agencies of the federal
28government as are necessary in order to make available to the
29people of this state any federal food programs which may, under
30federal laws and regulations, be implemented in this state.
31Each such program shall be implemented in every county in the
32state, or in each county where implementation is permitted by
33federal laws and regulations.
342. The provisions of the federal Personal Responsibility
35and Work Opportunity Reconciliation Act of 1996, Pub.L.
-427-1No.104-193, §115, shall not apply to an applicant for or
2recipient of food stamp supplemental nutrition assistance
3program benefits in this state. However, the department of
4human services may apply contingent eligibility requirements as
5provided under state law and allowed under federal law.
63. Upon request by the department of human services,
7the department of inspections and appeals shall conduct
8investigations into possible fraudulent practices, as described
9in section 234.13, relating to food programs administered by
10the department of human services.
11 Sec. 675. Section 234.12A, Code 2023, is amended to read as
12follows:
13234.12A Electronic benefits transfer program.
141. The department of human services shall maintain an
15electronic benefits transfer program utilizing electronic funds
16transfer systems for the food supplemental nutrition assistance
17program. The electronic benefits transfer program implemented
18under this section shall not require a retailer to make cash
19disbursements or to provide, purchase, or upgrade electronic
20funds transfer system equipment as a condition of participation
21in the program.
222. A point-of-sale terminal which is used only for purchases
23from a retailer by electronic benefits transfer utilizing
24electronic funds transfer systems is not a satellite terminal
25as defined in section 527.2.
263. For the purposes of this section, “retailer” means
27a business authorized by the United States department of
28agriculture to accept food supplemental nutrition assistance
29program benefits.
30 Sec. 676. Section 234.13, Code 2023, is amended to read as
31follows:
32234.13 Fraudulent practices relating to food programs.
33For the purposes of this section, unless the context
34otherwise requires, “benefit transfer instrument” means a
35food stamp supplemental nutrition assistance program coupon,
-428-1authorization-to-purchase card, or electronic benefits transfer
2card. A person commits a fraudulent practice if that person
3does any of the following:
41. With intent to gain financial assistance to which that
5person is not entitled, knowingly makes or causes to be made a
6false statement or representation or knowingly fails to report
7to an employee of the department of human services any change
8in income, resources or other circumstances affecting that
9person’s entitlement to such financial assistance.
102. As a beneficiary of the food programs, transfers any
11food stamp supplemental nutrition assistance program benefit
12transfer instrument to any other individual with intent that
13the benefit transfer instrument be used for the benefit of
14someone other than persons within the beneficiary’s food
15stamp supplemental nutrition assistance program household as
16certified by the department of human services.
173. Knowingly acquires, uses or attempts to use any food
18stamp supplemental nutrition assistance program benefit
19transfer instrument which was not issued for the benefit of
20that person’s food stamp supplemental nutrition assistance
21program household by the department of human services, or by an
22agency administering food programs in another state.
234. Acquires, alters, transfers, or redeems a food stamp
24 supplemental nutrition assistance benefit transfer instrument
25or possesses a benefit transfer instrument, knowing that the
26benefit transfer instrument has been received, transferred,
27or used in violation of this section or the provisions of the
28federal food stamp supplemental nutrition assistance program
29under 7 U.S.C. ch.51 or the federal regulations issued
30pursuant to that chapter.
31 Sec. 677. Section 234.14, Code 2023, is amended to read as
32follows:
33234.14 Federal grants.
34The state treasurer is hereby authorized to may receive such
35 federal funds as may be made available for carrying out any of
-429-1the activities and functions of the state division department
2under this chapter, and all such funds are hereby appropriated
3for expenditure upon authorization of the administrator
4 director.
5 Sec. 678. Section 234.21, Code 2023, is amended to read as
6follows:
7234.21 Services to be offered.
8The state division department may offer, provide to,
9or purchase family planning and birth control services to
10 for every person who is an eligible applicant or recipient
11of service services or any financial assistance from the
12department of human services, or who is receiving federal
13supplementary security income as defined in section 249.1.
14 Sec. 679. Section 234.22, Code 2023, is amended to read as
15follows:
16234.22 Extent of services.
17Such The family planning and birth control services
18may include interview interviews with trained personnel;
19distribution of literature; referral to a licensed physician
20or physician assistant for consultation, examination, tests,
21medical treatment, and prescription prescriptions; and, to
22the extent so prescribed, the distribution of rhythm charts,
23drugs, medical preparations, contraceptive devices, and similar
24products.
25 Sec. 680. Section 234.23, Code 2023, is amended to read as
26follows:
27234.23 Charge for services.
28In making provision for and offering such services, the
29state division department may charge those persons to whom
30family planning and birth control services are rendered a fee
31sufficient to reimburse the state division department all or
32any portion of the costs of the services rendered.
33 Sec. 681. Section 234.35, Code 2023, is amended to read as
34follows:
35234.35 When state to pay foster care costs.
-430- 11. The department of human services is responsible for
2paying the cost of foster care for a child, according to rates
3established pursuant to section 234.38, under any of the
4following circumstances:
5a. When a court has committed the child to the director of
6human services or the director’s designee.
7b. When a court has transferred legal custody of the child
8to the department of human services.
9c. When the department has agreed to provide foster care
10services for the child for a period of not more than ninety
11days on the basis of a signed placement agreement between the
12department and the child’s parent or guardian.
13d. When the child has been placed in emergency care for
14a period of not more than thirty days upon approval of the
15director or the director’s designee.
16e. When a court has entered an order transferring the legal
17custody of the child to a foster care placement pursuant to
18section 232.46, section 232.52, subsection 2, paragraph “d”, or
19section 232.102, subsection 1. However, payment shall not be
20made for a group foster care placement unless the group foster
21care meets requirements as established by the department by
22rule.
23f. When the department has agreed to provide foster care
24services for a child who is eighteen years of age or older
25on the basis of a signed placement agreement between the
26department and the child or the person acting on behalf of the
27child.
28g. When the department has agreed to provide foster care
29services for the child on the basis of a signed placement
30agreement initiated before July 1, 1992, between the department
31and the child’s parent or guardian.
32h. When the child is placed in shelter care pursuant to
33section 232.20, subsection 1, or section 232.21.
342. Except as provided under section 234.38 for direct
35payment of foster parents, payment for foster care costs shall
-431-1be limited to foster care providers with whom the department
2has a contract in force.
33. Payment for foster care services provided to a child
4who is eighteen years of age or older shall be limited to the
5following:
6a. Family foster care or supervised apartment living
7arrangements.
8b. For a child who is at imminent risk of becoming homeless
9or failing to graduate from high school or to obtain a general
10education development diploma, if the services are in the
11child’s best interest, funding is available for the services,
12and an appropriate alternative service is unavailable.
13 Sec. 682. Section 234.37, Code 2023, is amended to read as
14follows:
15234.37 Department may establish accounts for certain
16children.
17The department of human services is authorized to may
18 establish an account in the name of any child committed to
19the director of human services or the director’s designee, or
20whose legal custody has been transferred to the department, or
21who is voluntarily placed in foster care pursuant to section
22234.35. Any money which the child receives from the United
23States government or any private source shall be placed in the
24child’s account, unless a guardian of the child’s property has
25been appointed and demands the money, in which case it shall
26be paid to the guardian. The account shall be maintained by
27the department as trustee for the child in an interest-bearing
28account at a reputable bank or savings association, except
29that if the child is residing at an institution administered
30by the department a limited amount of the child’s funds may be
31maintained in a separate account, which need not be interest
32bearing, in the child’s name at the institution. Any money
33held in an account in the child’s name or in trust for the
34child under this section may be used, at the discretion of the
35department and subject to restrictions lawfully imposed by the
-432-1United States government or other source from which the child
2receives the funds, for the purchase of personal incidentals,
3desires and comforts of the child. All of the money held for
4a child by the department under this section and not used
5in the child’s behalf as authorized by law shall be promptly
6paid to the child or the child’s parent or legal guardian upon
7termination of the commitment of the child to the director or
8the director’s designee, or upon transfer or cessation of legal
9custody of the child by the department.
10 Sec. 683. Section 234.38, Code 2023, is amended to read as
11follows:
12234.38 Foster care reimbursement rates.
13The department of human services shall make reimbursement
14payments directly to foster parents for services provided to
15children pursuant to section 234.6, subsection 1, paragraph
16“e”, subparagraph (2), or section 234.35. In any fiscal
17year, the reimbursement rate shall be based upon sixty-five
18percent of the United States department of agriculture
19estimate of the cost to raise a child in the calendar year
20immediately preceding the fiscal year. The department may pay
21an additional stipend for a child with special needs.
22 Sec. 684. Section 234.39, Code 2023, is amended to read as
23follows:
24234.39 Responsibility for cost of services.
251. It is the intent of this chapter that an individual
26receiving foster care services and the individual’s parents or
27guardians shall have primary responsibility for paying the cost
28of the care and services. The support obligation established
29and adopted under this section shall be consistent with the
30limitations on legal liability established under sections
31222.78 and 230.15, and by any other statute limiting legal
32responsibility for support which may be imposed on a person for
33the cost of care and services provided by the department. The
34department shall notify an individual’s parents or guardians,
35at the time of the placement of an individual in foster care,
-433-1of the responsibility for paying the cost of care and services.
2Support obligations shall be established as follows:
3a. For an individual to whom section 234.35, subsection
41, is applicable, a dispositional order of the juvenile court
5requiring the provision of foster care, or an administrative
6order entered pursuant to chapter 252C, or any order
7establishing paternity and support for a child in foster care,
8shall establish, after notice and a reasonable opportunity to
9be heard is provided to a parent or guardian, the amount of
10the parent’s or guardian’s support obligation for the cost
11of foster care provided by the department. The amount of
12the parent’s or guardian’s support obligation and the amount
13of support debt accrued and accruing shall be established in
14accordance with the child support guidelines prescribed under
15section 598.21B. However, the court, or the department of
16human services in establishing support by administrative order,
17may deviate from the prescribed obligation after considering
18a recommendation by the department for expenses related to
19goals and objectives of a case permanency plan as defined
20under section 237.15, and upon written findings of fact which
21specify the reason for deviation and the prescribed guidelines
22amount. Any order for support shall direct the payment of the
23support obligation to the collection services center for the
24use of the department’s foster care recovery unit services.
25The order shall be filed with the clerk of the district court
26in which the responsible parent or guardian resides and has
27the same force and effect as a judgment when entered in the
28judgment docket and lien index. The collection services center
29shall disburse the payments pursuant to the order and record
30the disbursements. If payments are not made as ordered, the
31 child support recovery unit services may certify a default to
32the court and the court may, on its own motion, proceed under
33section 598.22 or 598.23 or the child support recovery unit
34 services may enforce the judgment as allowed by law. An order
35entered under this paragraph may be modified only in accordance
-434-1with the guidelines prescribed under section 598.21C, or under
2chapter 252H.
3b. For an individual who is served by the department of
4human services under section 234.35, and is not subject to
5a dispositional order of the juvenile court requiring the
6provision of foster care, the department shall determine the
7obligation of the individual’s parent or guardian pursuant
8to chapter 252C and in accordance with the child support
9guidelines prescribed under section 598.21B. However, the
10department may adjust the prescribed obligation for expenses
11related to goals and objectives of a case permanency plan
12as defined under section 237.15. An obligation determined
13under this paragraph may be modified only in accordance with
14conditions under section 598.21C, or under chapter 252H.
152. A person entitled to periodic support payments pursuant
16to an order or judgment entered in any action for support,
17who also is or has a child receiving foster care services, is
18deemed to have assigned to the department current and accruing
19support payments attributable to the child effective as of the
20date the child enters foster care placement, to the extent
21of expenditure of foster care funds. The department shall
22notify the clerk of the district court when a child entitled
23to support payments is receiving foster care services pursuant
24to chapter 234. Upon notification by the department that a
25child entitled to periodic support payments is receiving foster
26care services, the clerk of the district court shall make a
27notation of the automatic assignment in the judgment docket and
28lien index. The notation constitutes constructive notice of
29assignment. The clerk of court shall furnish the department
30with copies of all orders and decrees awarding support when
31the child is receiving foster care services. At the time the
32child ceases to receive foster care services, the assignment
33of support shall be automatically terminated. Unpaid support
34accrued under the assignment of support rights during the time
35that the child was in foster care remains due to the department
-435-1up to the amount of unreimbursed foster care funds expended.
2The department shall notify the clerk of court of the automatic
3termination of the assignment. Unless otherwise specified in
4the support order, an equal and proportionate share of any
5child support awarded shall be presumed to be payable on behalf
6of each child subject to the order or judgment for purposes of
7an assignment under this section.
83. The support debt for the costs of services, for which
9a support obligation is established pursuant to this section,
10which accrues prior to the establishment of the support debt,
11shall be collected, at a maximum, in the amount which is the
12amount of accrued support debt for the three months preceding
13the earlier of the following:
14a. The provision by the child support recovery unit services
15 of the initial notice to the parent or guardian of the amount
16of the support obligation.
17b. The date that the written request for a court hearing
18is received by the child support recovery unit services as
19provided in section 252C.3 or 252F.3.
204. If the department makes a subsidized guardianship
21payment for a child, the payment shall be considered a foster
22care payment for purposes of child support recovery services.
23All provisions of this and other sections, and of rules and
24orders adopted or entered pursuant to those sections, including
25for the establishment of a paternity or support order, for
26the amount of a support obligation, for the modification or
27adjustment of a support obligation, for the assignment of
28support, and for enforcement shall apply as if the child
29were receiving foster care services, or were in foster care
30placement, or as if foster care funds were being expended for
31the child. This subsection shall apply regardless of the date
32of placement in foster care or subsidized guardianship or the
33date of entry of an order, and foster care and subsidized
34guardianship shall be considered the same for purposes of child
35support recovery services.
-436-1 Sec. 685. Section 234.40, Code 2023, is amended to read as
2follows:
3234.40 Corporal punishment.
4The department of human services shall adopt rules
5prohibiting corporal punishment of foster children by foster
6parents licensed by the department. The rules shall allow
7foster parents to use reasonable physical force to restrain a
8foster child in order to prevent injury to the foster child,
9injury to others, the destruction of property, or extremely
10disruptive behavior. For the purposes of this section,
11“corporal punishment” means the intentional physical punishment
12of a foster child. A foster parent’s physical contact with
13the body of a foster child shall not be considered corporal
14punishment if the contact is reasonable and necessary under the
15circumstances and is not designed or intended to cause pain or
16if the foster parent uses reasonable force, as defined under
17section 704.1.
18 Sec. 686. Section 234.41, Code 2023, is amended to read as
19follows:
20234.41 Tort actions.
21A foster parent licensed by the department of human services
22 stands in the same relationship to the foster parent’s minor
23foster child, for purposes of tort actions by or on behalf of
24the foster child against the foster parent, as a biological
25parent to the biological parent’s minor child who resides at
26home. This section does not apply to a foster parent whose
27malicious, willful and wanton conduct causes injury or damage
28to a foster child or exposes the foster child to a danger
29caused by violation of a statute or the rules of the department
30of human services.
31 Sec. 687. Section 234.45, Code 2023, is amended to read as
32follows:
33234.45 Iowa marriage initiative grant fund.
341. An Iowa marriage initiative grant fund is established
35in the state treasury under the authority of the department
-437-1of human services. The grant fund shall consist of moneys
2appropriated to the fund and notwithstanding section 8.33 such
3moneys shall not revert to the fund from which appropriated
4at the close of the fiscal year but shall remain in the Iowa
5marriage initiative grant fund. Moneys credited to the fund
6shall be used as directed in appropriations made by the general
7assembly for funding of services to support marriage and to
8encourage the formation and maintenance of two-parent families
9that are secure and nurturing.
102. It is the intent of the general assembly to credit to the
11Iowa marriage initiative grant fund, federal moneys provided
12to the state for the express purpose of supporting marriage or
13two-parent families.
14 Sec. 688. Section 234.46, subsection 2, unnumbered
15paragraph 1, Code 2023, is amended to read as follows:
16The division department shall establish a preparation for
17adult living program directed to young adults. The purpose
18of the program is to assist persons who are leaving foster
19care and other court-ordered services at age eighteen or
20older in making the transition to self-sufficiency. The
21department shall adopt rules necessary for administration of
22the program, including but not limited to eligibility criteria
23for young adult participation and the services and other
24support available under the program. The rules shall provide
25for participation of each person who meets the definition of
26young adult on the same basis, regardless of whether federal
27financial participation is provided. The services and other
28support available under the program may include but are not
29limited to any of the following:
30 Sec. 689. Section 234.47, Code 2023, is amended to read as
31follows:
32234.47 State child care assistance and adoption subsidy
33programs — expenditure projections.
34The department of human services, the department of
35management, and the legislative services agency shall utilize
-438-1a joint process to arrive at consensus projections for
2expenditures for the state child care assistance program under
3section 237A.13 and adoption subsidy and other assistance
4provided under section 600.17.
5 Sec. 690. Section 235.1, Code 2023, is amended to read as
6follows:
7235.1 Definitions.
8As used in this chapter, unless the context otherwise
9requires:
101. “Administrator” means the same as defined in section
11234.1.
122. 1. “Child” means the same as defined in section 234.1.
133. 2. “Child welfare services” means social welfare
14services for the protection and care of children who are
15homeless, dependent or neglected, or in danger of becoming
16delinquent, or who have a mental illness or an intellectual
17disability or other developmental disability, including, when
18necessary, care and maintenance in a foster care facility.
19Child welfare services are designed to serve a child in the
20child’s home whenever possible. If not possible, and the child
21is placed outside the child’s home, the placement should be in
22the least restrictive setting available and in close proximity
23to the child’s home.
244. “State division” means the same as defined in section
25234.1.
263. “Department” means the department of health and human
27services.
284. “Director” means the director of health and human
29services.
30 Sec. 691. Section 235.2, Code 2023, is amended to read as
31follows:
32235.2 Powers and duties of state division department.
33The state division department, in addition to all other
34powers and duties given it the department by law, shall:
351. Administer and enforce the provisions of this chapter.
-439- 12. Join and cooperate with the government of the United
2States through its appropriate agency or instrumentality or
3with any other officer or agency of the federal government in
4planning, establishing, extending and strengthening public and
5private child welfare services within the state.
63. Make such investigations Investigate and to obtain such
7 information as will to permit the administrator director to
8determine the need for public child welfare services within the
9state and within the several county departments thereof.
104. Apply for and receive any funds which are or may be
11allotted to the state by the United States or any agency
12thereof of the United States for the purpose of developing
13child welfare services.
145. Make such reports and budget estimates to the governor
15and to the general assembly as are required by law or such as
16are necessary and proper to obtain the appropriation of state
17funds for child welfare services within the state and for all
18the purposes of this chapter.
196. Cooperate with the several county departments within the
20state, and all county boards of supervisors and other public
21or private agencies charged with the protection and care of
22children, in the development of child welfare services.
237. Aid in the enforcement of all laws of the state for the
24protection and care of children.
258. Cooperate with the juvenile courts of the state and with
26the other administrators and divisions of the subunits within
27the department of human services regarding the management and
28control of state institutions and the inmates thereof of the
29institutions.
30 Sec. 692. Section 235.3, Code 2023, is amended to read as
31follows:
32235.3 Powers and duties of administrator director.
33The administrator director shall:
341. Plan and supervise all public child welfare services and
35activities within the state as provided by this chapter.
-440- 12. Make such reports and obtain and furnish such information
2from time to time as may be necessary to permit cooperation by
3the state division director with the United States children’s
4bureau, the social security administration, or any other
5federal agency which is now or may hereafter be charged with
6any duty regarding child care or child welfare services.
73. Adopt rules as necessary or advisable for the supervision
8of the private child-caring agencies or their officers which
9the administrator department is empowered to license and
10supervise.
114. Supervise private institutions for the care of
12dependent, neglected, and delinquent children, and make reports
13regarding the institutions.
145. Designate and approve the private and county
15institutions within the state to which neglected, dependent,
16and delinquent children may be legally committed and to have
17supervision of, supervise the care of children committed
18thereto to these institutions, and have the right of visitation
19 to visit and inspection of said inspect these institutions at
20all times.
216. Receive and keep on file annual reports from all
22institutions to which children subject to the jurisdiction
23of the juvenile court are committed, compile statistics
24regarding juvenile delinquency, make reports regarding
25juvenile delinquency, and study prevention and cure of juvenile
26delinquency.
277. Require and receive from the clerks of the courts of
28record within the state duplicates of the findings of the
29courts upon petitions for adoption, and keep records and
30compile statistics regarding adoptions.
318. License private child-placing agencies, make reports
32regarding them the agencies, and revoke such licenses.
339. Make such rules and regulations as may be necessary
34for the distribution and use of funds appropriated for child
35welfare services.
-441-1 Sec. 693. Section 235.4, Code 2023, is amended to read as
2follows:
3235.4 Licenses.
4Licenses issued to private boarding homes for children and
5private child-placing agencies by the administrator department
6 shall remain in effect for the period for which issued, unless
7sooner revoked according to law. Thereafter each of such the
8 agencies shall apply to the administrator department for a new
9license, and shall submit to such rules regarding licensing as
10the administrator prescribes prescribed by the department.
11 Sec. 694. Section 235.7, Code 2023, is amended to read as
12follows:
13235.7 Transition committees.
141. Committees established. The department of human services
15 shall establish and maintain local transition committees to
16address the transition needs of those children receiving child
17welfare services who are age sixteen or older and have a case
18permanency plan as defined in section 232.2. The department
19shall adopt rules establishing criteria for transition
20committee membership, operating policies, and basic functions.
21The rules shall provide flexibility for a committee to adopt
22protocols and other procedures appropriate for the geographic
23area addressed by the committee.
242. Membership. The department may authorize the governance
25boards of decategorization of child welfare and juvenile
26justice funding projects established under section 232.188 to
27appoint the transition committee membership and may utilize
28the boundaries of decategorization projects to establish
29the service areas for transition committees. The committee
30membership may include but is not limited to department of
31human services staff involved with foster care, child welfare,
32and adult services, juvenile court services staff, staff
33involved with county general assistance or emergency relief
34under chapter 251 or 252, or a regional administrator of the
35county mental health and disability services region, as defined
-442-1in section 331.388, in the area, school district and area
2education agency staff involved with special education, and a
3child’s court appointed special advocate, guardian ad litem,
4service providers, and other persons knowledgeable about the
5child.
63. Duties. A transition committee shall review and approve
7the written plan of services required for the child’s case
8permanency plan in accordance with section 232.2, subsection 4,
9paragraph “g”, which, based upon an assessment of the child’s
10needs, would assist the child in preparing for the transition
11from foster care to adulthood. In addition, a transition
12committee shall identify and act to address any gaps existing
13in the services or other support available to meet the child
14and adult needs of individuals for whom service plans are
15approved.
16 Sec. 695. Section 235A.1, Code 2023, is amended to read as
17follows:
18235A.1 Child abuse prevention program.
191. a. A program for the prevention of child abuse is
20established within the state department of health and human
21services. Any moneys appropriated by the general assembly for
22child abuse prevention shall be used by the department of human
23services solely for the purposes of child abuse prevention and
24shall not be expended for treatment or other service delivery
25programs regularly maintained by the department. Moneys
26appropriated for child abuse prevention shall be used by the
27department through contract with an agency or organization
28which shall administer the funds with maximum use of voluntary
29administrative services for the following:
30(1) Matching federal funds to purchase services relating to
31community-based programs for the prevention of child abuse and
32neglect.
33(2) Funding the establishment or expansion of
34community-based prevention projects or educational programs for
35the prevention of child abuse and neglect.
-443- 1(3) To study and evaluate Studying and evaluating
2 community-based prevention projects and educational programs
3for the problems of families and children.
4b. Funds for the programs or projects shall be applied
5for and received by a community-based volunteer coalition or
6council.
72. The director of health and human services may accept
8grants, gifts, and bequests from any source for the purposes
9designated in subsection 1. The director shall remit funds so
10 received to the treasurer of state who shall deposit them the
11funds in the general fund of the state for the use of the child
12abuse prevention program.
13 Sec. 696. Section 235A.2, Code 2023, is amended to read as
14follows:
15235A.2 Child abuse prevention program fund.
161. A child abuse prevention program fund is created in
17the state treasury under the control of the department of
18health and human services. The fund is composed of moneys
19appropriated or available to and obtained or accepted by the
20treasurer of state for deposit in the fund. The fund shall
21include moneys transferred to the fund pursuant to an income
22tax checkoff provided in chapter 422, subchapter II, if
23applicable. All interest earned on moneys in the fund shall
24be credited to and remain in the fund. Section 8.33 does not
25apply to moneys in the fund.
262. Moneys in the fund that are authorized by the department
27for expenditure are appropriated, and shall be used, for the
28purposes described in section 235A.1 of preventing child abuse
29and neglect.
30 Sec. 697. NEW SECTION. 235A.3 Child abuse prevention
31program advisory committee.
32The council on health and human services shall establish a
33child abuse prevention program advisory committee to support
34the child abuse prevention program implemented in accordance
35with section 235A.1. The duties of the advisory committee
-444-1shall include all of the following:
21. Advise the director of health and human services
3regarding expenditures of funds received for the child abuse
4prevention program.
52. Review the implementation and effectiveness of
6legislation and administrative rules concerning the child abuse
7prevention program.
83. Recommend changes in legislation and administrative
9rules to the general assembly and the appropriate department
10officials.
114. Require reports from state agencies and other entities as
12necessary to perform its duties.
135. Receive and review complaints from the public concerning
14the operation and management of the child abuse prevention
15program.
166. Approve grant proposals.
17 Sec. 698. Section 235A.13, Code 2023, is amended to read as
18follows:
19235A.13 Definitions.
20 The definitions in section 232.68 are applicable to this
21subchapter unless the context otherwise requires.As used
22in chapter 232, subchapter III, part 2, and this subchapter,
23unless the context otherwise requires:
241. “Assessment data” means any of the following information
25pertaining to the department’s evaluation of a family:
26a. Identification of the strengths and needs of the child,
27and of the child’s parent, home, and family.
28b. Identification of services available from the department
29and informal and formal services and other support available in
30the community to meet identified strengths and needs.
312. “Child abuse information” means any or all of the
32following data maintained by the department in a manual or
33automated data storage system and individually identified:
34a. Report data.
35b. Assessment data.
-445- 1c. Disposition data.
23. “Confidentiality” means the withholding of information
3from any manner of communication, public or private.
44. “Department” means the department of health and human
5services.
65. “Director” means the director of health and human
7services.
86. “Disposition data” means information pertaining to
9an opinion or decision as to the occurrence of child abuse,
10including:
11a. Any intermediate or ultimate opinion or decision reached
12by assessment personnel.
13b. Any opinion or decision reached in the course of judicial
14proceedings.
15c. The present status of any case.
166. 7. “Expungement” means the process of destroying child
17abuse information.
187. 8. “Individually identified” means any report,
19assessment, or disposition data which names the person or
20persons responsible or believed responsible for the child
21abuse.
228. 9. “Multidisciplinary team” means a group of individuals
23who possess knowledge and skills related to the diagnosis,
24assessment, and disposition of child abuse cases and who are
25professionals practicing in the disciplines of medicine,
26nursing, public health, substance abuse use disorder, domestic
27violence, mental health, social work, child development,
28education, law, juvenile probation, or law enforcement, or a
29group established pursuant to section 235B.1, subsection 1.
309. 10. “Near fatality” means an injury to a child that,
31as certified by a physician or physician assistant, placed the
32child in serious or critical condition.
3310. 11. “Report data” means any of the following
34information pertaining to an assessment of an allegation of
35child abuse in which the department has determined the alleged
-446-1child abuse meets the definition of child abuse:
2a. The name and address of the child and the child’s parents
3or other persons responsible for the child’s care.
4b. The age of the child.
5c. The nature and extent of the injury, including evidence
6of any previous injury.
7d. Additional information as to the nature, extent, and
8cause of the injury, and the identity of the person or persons
9alleged to be responsible for the injury.
10e. The names and conditions of other children in the child’s
11home.
12f. A recording made of an interview conducted under chapter
13232 in association with a child abuse assessment.
14g. Any other information believed to be helpful in
15establishing the information in paragraph “d”.
1611. 12. “Sealing” means the process of removing child abuse
17information from authorized access as provided by this chapter.
18 Sec. 699. Section 235A.14, Code 2023, is amended to read as
19follows:
20235A.14 Creation and maintenance of a central registry.
211. There is created within the state department of
22human services a central registry for certain child abuse
23information. The department shall organize and staff the
24registry and adopt rules for its operation.
252. The registry shall collect, maintain and disseminate
26child abuse information as provided for by this chapter.
273. The department shall maintain a toll-free telephone
28line, which shall be available on a twenty-four hour a day
29 twenty-four-hour-a-day, seven-day a week seven-day-a-week
30 basis and which the department of humanservices and all other
31persons may use to report cases of suspected child abuse
32and that all persons authorized by this chapter may use for
33obtaining child abuse information.
344. An oral report of suspected child abuse initially made to
35the central registry shall be immediately transmitted by the
-447-1department to the appropriate county department of social human
2 services or law enforcement agency, or both.
35. The registry, upon receipt of a report of suspected
4child abuse, shall search the records of the registry, and
5if the records of the registry reveal any previous report of
6child abuse involving the same child or any other child in
7the same family, or if the records reveal any other pertinent
8information with respect to the same child or any other child
9in the same family, the appropriate office of the department of
10human services or law enforcement agency shall be immediately
11notified of that fact.
126. The central registry shall include report data and
13disposition data which is subject to placement in the central
14registry under section 232.71D. The central registry shall not
15include assessment data.
16 Sec. 700. Section 235A.15, subsection 2, paragraph b,
17subparagraphs (2) and (4), Code 2023, are amended to read as
18follows:
19(2) To an employee or agent of the department of human
20services responsible for the assessment of a child abuse
21report.
22(4) To a multidisciplinary team, or to parties to an
23interagency agreement entered into pursuant to section 280.25,
24if the department of human services approves the composition of
25the multidisciplinary team or the relevant provisions of the
26interagency agreement and determines that access to the team
27or to the parties to the interagency agreement is necessary
28to assist the department in the diagnosis, assessment, and
29disposition of a child abuse case.
30 Sec. 701. Section 235A.15, subsection 2, paragraph c,
31subparagraph (8), Code 2023, is amended to read as follows:
32(8) To an administrator of an agency certified by the
33department of human services to provide services under a
34medical assistance home and community-based services waiver,
35if the data concerns a person employed by or being considered
-448-1by the agency for employment.
2 Sec. 702. Section 235A.15, subsection 2, paragraph e,
3subparagraphs (6), (8), and (12), Code 2023, are amended to
4read as follows:
5(6) To the attorney for the department of human services who
6is responsible for representing the department.
7(8) To an employee or agent of the department of human
8services regarding a person who is providing child care if the
9person is not registered or licensed to operate a child care
10facility.
11(12) To the department of human services for a record check
12relating to employment or residence pursuant to section 218.13.
13 Sec. 703. Section 235A.15, subsection 7, Code 2023, is
14amended to read as follows:
157. If the director of human services receives a written
16request for information regarding a specific case of child
17abuse involving a fatality or near fatality to a child from the
18majority or minority leader of the senate or the speaker or the
19minority leader of the house of representatives, the director
20or the director’s designee shall arrange for a confidential
21meeting with the requestor or the requestor’s designee. In the
22confidential meeting the director or the director’s designee
23shall share all pertinent information concerning the case,
24including but not limited to child abuse information. Any
25written document distributed by the director or the director’s
26designee at the confidential meeting shall not be removed
27from the meeting and a participant in the meeting shall be
28subject to the restriction on redissemination of confidential
29information applicable to a person under section 235A.17,
30subsection 3, for confidential information disclosed to the
31participant at the meeting. A participant in the meeting
32may issue a report to the governor or make general public
33statements concerning the department’s handling of the case of
34child abuse.
35 Sec. 704. Section 235A.15, subsection 9, unnumbered
-449-1paragraph 1, Code 2023, is amended to read as follows:
2If, apart from a request made pursuant to subsection 7
3or 8, the department receives from a member of the public a
4request for information relating to a case of founded child
5abuse involving a fatality or near fatality to a child, the
6response to the request shall be made in accordance with this
7subsection and subsections 10 and 11. If the request is
8received before or during performance of an assessment of the
9case in accordance with section 232.71B, the director of human
10services or the director’s designee shall initially disclose
11whether or not the assessment will be or is being performed.
12Otherwise, within five business days of receiving the request
13or completing the assessment, whichever is later, the director
14of human services or the director’s designee shall consult
15with the county attorney responsible for prosecution of any
16alleged perpetrator of the fatality or near fatality and shall
17disclose information, including but not limited to child abuse
18information, relating to the case, except for the following:
19 Sec. 705. Section 235A.15, subsection 10, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21The information released by the director of human services
22 or the director’s designee pursuant to a request made under
23subsection 9 relating to a case of founded child abuse
24involving a fatality or near fatality to a child shall include
25all of the following, unless such information is excepted from
26disclosure under subsection 9:
27 Sec. 706. Section 235A.15, subsection 11, paragraph b, Code
282023, is amended to read as follows:
29b. If release of social services information in addition to
30that released under subsection 10, paragraph “c”, is believed
31to be in the public’s interest and right to know, the director
32of human services or the director’s designee may apply to
33the court under section 235A.24 requesting a review of the
34information proposed for release and an order authorizing
35release of the information. A release of information that
-450-1would otherwise be confidential under section 217.30 concerning
2social services provided to the child or the child’s family
3shall not include information concerning financial or medical
4assistance provided to the child or the child’s family.
5 Sec. 707. Section 235A.15, subsection 12, Code 2023, is
6amended to read as follows:
712. If an individual who is the subject of a child abuse
8report listed in subsection 2, paragraph “a”, or another party
9involved in an assessment under section 232.71B releases
10in a public forum or to the media information concerning a
11case of child abuse including but not limited to child abuse
12information which would otherwise be confidential, the director
13of human services, or the director’s designee, may respond
14with relevant information concerning the case of child abuse
15that was the subject of the release. Prior to releasing the
16response, the director or the director’s designee shall consult
17with the child’s parent or guardian, or the child’s guardian ad
18litem, and apply to the court under section 235A.24 requesting
19a review of the information proposed for release and an order
20authorizing release of the information.
21 Sec. 708. Section 235A.16, subsection 3, Code 2023, is
22amended to read as follows:
233. Subsections 1 and 2 do not apply to child abuse
24information that is disseminated to an employee of the
25department of human services, to a juvenile court, or to the
26attorney representing the department as authorized by section
27235A.15.
28 Sec. 709. Section 235A.17, subsection 2, Code 2023, is
29amended to read as follows:
302. The department of human services may notify orally the
31mandatory reporter in an individual child abuse case of the
32results of the case assessment and of the confidentiality
33provisions of sections 235A.15 and 235A.21. The department
34shall subsequently transmit a written notice to the mandatory
35reporter of the results and confidentiality provisions. If
-451-1the report data and disposition data have been placed in the
2registry as founded child abuse pursuant to section 232.71D, a
3copy of the written notice shall be transmitted to the registry
4and shall be maintained by the registry as provided in section
5235A.18. Otherwise, a copy of the written notice shall be
6retained by the department with the case file.
7 Sec. 710. Section 235A.17, subsection 3, paragraph b,
8subparagraph (1), Code 2023, is amended to read as follows:
9(1) Department of human services information described in
10section 217.30, subsection 2.
11 Sec. 711. Section 235A.18, subsection 3, Code 2023, is
12amended to read as follows:
133. The department of human services shall adopt rules
14establishing the period of time child abuse information which
15is not maintained in the central registry is retained by the
16department.
17 Sec. 712. Section 235A.22, Code 2023, is amended to read as
18follows:
19235A.22 Education program.
20The department of human services shall require an
21educational program for employees of the department with access
22to child abuse information on the proper use and control of
23child abuse information.
24 Sec. 713. Section 235A.23, subsection 1, Code 2023, is
25amended to read as follows:
261. The department of human services may compile statistics,
27conduct research, and issue reports on child abuse, provided
28identifying details of the subject of child abuse reports are
29deleted from any report issued.
30 Sec. 714. Section 235A.24, subsection 1, paragraph b, Code
312023, is amended to read as follows:
32b. The director of human services or the director’s
33designee may apply, if the conditions under section 235A.15,
34subsection 11 or 12, are met, to the court requesting a
35review of confidential information proposed for release and an
-452-1order authorizing the release of information. A release of
2information that would otherwise be confidential under section
3217.30 concerning social services provided to the child or
4the child’s family shall not include information concerning
5financial or medical assistance provided to the child or the
6child’s family.
7 Sec. 715. Section 235B.1, subsection 4, Code 2023, is
8amended to read as follows:
94. a. The establishment of a dependent adult protective
10advisory council. The advisory council shall do all of the
11following:
12(1) Advise the director of human services, the director
13of the department on aging, the director of inspections and
14appeals, and the director of public health, the director of the
15department of corrections, and the director of human rights
16 regarding dependent adult abuse.
17(2) Evaluate state law and rules and make recommendations
18to the general assembly and to executive branch departments
19regarding laws and rules concerning dependent adults.
20(3) Receive and review recommendations and complaints from
21the public, health care facilities, and health care programs
22concerning the dependent adult abuse services program.
23b. (1) The advisory council shall consist of twelve
24members. Eight members shall be appointed by and serve at
25the pleasure of the governor. Four of the members appointed
26shall be appointed on the basis of knowledge and skill related
27to expertise in the area of dependent adult abuse including
28professionals practicing in the disciplines of medicine, public
29health, mental health, long-term care, social work, law,
30and law enforcement. Two of the members appointed shall be
31members of the general public with an interest in the area of
32dependent adult abuse and two of the members appointed shall
33be members of the Iowa caregivers association. In addition,
34the membership of the council shall include the director or the
35director’s designee of the department of human services, the
-453-1department on aging, the Iowa department of public health, and
2the department of inspections and appeals.
3(2) The members of the advisory council shall be appointed
4to terms of four years beginning May 1. Appointments shall
5comply with sections 69.16 and 69.16A. Vacancies shall be
6filled in the same manner as the original appointment.
7(3) Members shall receive actual expenses incurred while
8serving in their official capacity.
9(4) The advisory council shall select a chairperson,
10annually, from its membership.
11 Sec. 716. Section 235B.2, Code 2023, is amended to read as
12follows:
13235B.2 Definitions.
14As used in this chapter, unless the context otherwise
15requires:
161. “Caretaker” means a related or nonrelated person who
17has the responsibility for the protection, care, or custody of
18a dependent adult as a result of assuming the responsibility
19voluntarily, by contract, through employment, or by order of
20the court.
212. “Court” means the district court.
223. “Department” means the department of health and human
23services.
244. “Dependent adult” means a person eighteen years of age or
25older who is unable to protect the person’s own interests or
26unable to adequately perform or obtain services necessary to
27meet essential human needs, as a result of a physical or mental
28condition which requires assistance from another, or as defined
29by departmental rule.
305. a. “Dependent adult abuse” means:
31(1) Any of the following as a result of the willful or
32negligent acts or omissions of a caretaker:
33(a) Physical injury to, or injury which is at a variance
34with the history given of the injury, or unreasonable
35confinement, unreasonable punishment, or assault of a dependent
-454-1adult.
2(b) The commission of a sexual offense under chapter 709 or
3section 726.2 with or against a dependent adult.
4(c) Exploitation of a dependent adult which means the act
5or process of taking unfair advantage of a dependent adult
6or the adult’s physical or financial resources, without the
7informed consent of the dependent adult, including theft, by
8the use of undue influence, harassment, duress, deception,
9false representation, or false pretenses.
10(d) The deprivation of the minimum food, shelter, clothing,
11supervision, physical or mental health care, or other care
12necessary to maintain a dependent adult’s life or health.
13(2) The deprivation of the minimum food, shelter, clothing,
14supervision, physical or mental health care, and other care
15necessary to maintain a dependent adult’s life or health as a
16result of the acts or omissions of the dependent adult.
17(3) (a) Sexual exploitation of a dependent adult by a
18caretaker.
19(b) “Sexual exploitation” means any consensual or
20nonconsensual sexual conduct with a dependent adult which
21includes but is not limited to kissing; touching of the clothed
22or unclothed inner thigh, breast, groin, buttock, anus, pubes,
23or genitals; or a sex act, as defined in section 702.17.
24“Sexual exploitation” includes the transmission, display, taking
25of electronic images of the unclothed breast, groin, buttock,
26anus, pubes, or genitals of a dependent adult by a caretaker
27for a purpose not related to treatment or diagnosis or as
28part of an ongoing assessment, evaluation, or investigation.
29Sexual exploitation does not include touching which is part
30of a necessary examination, treatment, or care by a caretaker
31acting within the scope of the practice or employment of the
32caretaker; the exchange of a brief touch or hug between the
33dependent adult and a caretaker for the purpose of reassurance,
34comfort, or casual friendship; or touching between spouses.
35(4) (a) Personal degradation of a dependent adult by a
-455-1caretaker.
2(b) (i) “Personal degradation” means a willful act or
3statement by a caretaker intended to shame, degrade, humiliate,
4or otherwise harm the personal dignity of a dependent adult, or
5where the caretaker knew or reasonably should have known the
6act or statement would cause shame, degradation, humiliation,
7or harm to the personal dignity of a reasonable person.
8“Personal degradation” includes the taking, transmission,
9or display of an electronic image of a dependent adult by a
10caretaker, where the caretaker’s actions constitute a willful
11act or statement intended to shame, degrade, humiliate, or
12otherwise harm the personal dignity of the dependent adult, or
13where the caretaker knew or reasonably should have known the
14act would cause shame, degradation, humiliation, or harm to the
15personal dignity of a reasonable person.
16(ii) “Personal degradation” does not include any of the
17following:
18(A) The taking, transmission, or display of an electronic
19image of a dependent adult for the purpose of reporting
20dependent adult abuse to law enforcement, the department,
21or any other regulatory agency that oversees caretakers or
22enforces abuse or neglect provisions, or for the purpose of
23treatment or diagnosis or as part of an ongoing investigation.
24(B) The taking, transmission, or display of an electronic
25image by a caretaker who takes, transmits, or displays the
26electronic image in accordance with the confidentiality policy
27and release of information or consent policies of a contractor,
28employer, or facility or program not covered under section
29235E.1, subsection 5, paragraph “a”, subparagraph (3).
30(C) A statement by a caretaker who is the spouse of a
31dependent adult that is not intended to shame, degrade,
32humiliate, or otherwise harm the personal dignity of the
33dependent adult spouse.
34b. “Dependent adult abuse” does not include any of the
35following:
-456- 1(1) Circumstances in which the dependent adult declines
2medical treatment if the dependent adult holds a belief or is
3an adherent of a religion whose tenets and practices call for
4reliance on spiritual means in place of reliance on medical
5treatment.
6(2) Circumstances in which the dependent adult’s caretaker,
7acting in accordance with the dependent adult’s stated or
8implied consent, declines medical treatment if the dependent
9adult holds a belief or is an adherent of a religion whose
10tenets and practices call for reliance on spiritual means in
11place of reliance on medical treatment.
12(3) The withholding or withdrawing of health care from
13a dependent adult who is terminally ill in the opinion of a
14licensed physician, when the withholding or withdrawing of
15health care is done at the request of the dependent adult or at
16the request of the dependent adult’s next of kin, attorney in
17fact, or guardian pursuant to the applicable procedures under
18chapter 125, 144A, 144B, 222, 229, or 633.
196. “Director” means the director of health and human
20services.
217. “Emergency shelter services” means and includes, but is
22not limited to, secure crisis shelters or housing for victims
23of dependent adult abuse.
247. 8. “Family or household member” means a spouse, a person
25cohabiting with the dependent adult, a parent, or a person
26related to the dependent adult by consanguinity or affinity,
27but does not include children of the dependent adult who are
28less than eighteen years of age.
298. 9. “Immediate danger to health or safety” means a
30situation in which death or severe bodily injury could
31reasonably be expected to occur without intervention.
329. 10. “Individual employed as an outreach person” means a
33natural person who, in the course of employment, makes regular
34contacts with dependent adults regarding available community
35resources.
-457- 110. 11. “Legal holiday” means a legal public holiday as
2defined in section 1C.1.
311. 12. “Person” means person as defined in section 4.1.
412. 13. “Recklessly” means that a person acts or fails to
5act with respect to a material element of a public offense,
6when the person is aware of and consciously disregards a
7substantial and unjustifiable risk that the material element
8exists or will result from the act or omission. The risk must
9be of such a nature and degree that disregard of the risk
10constitutes a gross deviation from the standard conduct that a
11reasonable person would observe in the situation.
1213. 14. “Serious injury” means the same as defined in
13section 702.18.
1414. 15. “Support services” includes but is not limited
15to community-based services including area agency on aging
16assistance, mental health services, fiscal management, home
17health services, housing-related services, counseling services,
18transportation services, adult day services, respite services,
19legal services, and advocacy services.
20 Sec. 717. Section 235B.3, Code 2023, is amended to read as
21follows:
22235B.3 Dependent adult abuse reports.
231. a. (1) The department shall receive dependent adult
24abuse reports and shall collect, maintain, and disseminate the
25reports by establishing a central registry for dependent adult
26abuse information. The department shall evaluate the reports
27expeditiously.
28(2) However, the department of inspections and appeals
29is solely responsible for the evaluation and disposition of
30dependent adult abuse cases within facilities and programs
31pursuant to chapter 235E and shall inform the department of
32human services of such evaluations and dispositions pursuant
33to section 235E.2.
34(3) If, in the course of an assessment or evaluation
35of a report of dependent adult abuse, the department of
-458-1human services or the department of inspections and appeals
2determines the case involves wages, workplace safety, or other
3labor and employment matters under the jurisdiction of the
4division of labor services of the department of workforce
5development, the relevant portions of the case shall be
6referred to the division.
7(4) If, in the course of an assessment or evaluation
8of a report of dependent adult abuse, the department of
9human services or the department of inspections and appeals
10determines that the case involves discrimination under the
11jurisdiction of the civil rights commission, the relevant
12portions of the case shall be referred to the commission.
13b. Reports of dependent adult abuse which is the result
14of the acts or omissions of the dependent adult shall be
15collected and maintained in the files of the dependent adult
16as assessments only and shall not be included in the central
17registry.
18c. A report of dependent adult abuse that meets the
19definition of dependent adult abuse under section 235B.2,
20subsection 5, paragraph “a”, subparagraph (1), subparagraph
21division (a) or (d), or section 235B.2, subsection 5, paragraph
22“a”, subparagraph (4), which the department determines is
23minor, isolated, and unlikely to reoccur shall be collected
24and maintained by the department as an assessment only for
25a five-year period and shall not be included in the central
26registry and shall not be considered to be founded dependent
27adult abuse. However, a subsequent report of dependent adult
28abuse that meets the definition of dependent adult abuse under
29section 235B.2, subsection 5, paragraph “a”, subparagraph
30(1), subparagraph division (a) or (d), or section 235B.2,
31subsection 5, paragraph “a”, subparagraph (4), that occurs
32within the five-year period and that is committed by the
33caretaker responsible for the act or omission which was the
34subject of the previous report of dependent adult abuse which
35the department determined was minor, isolated, and unlikely to
-459-1reoccur shall not be considered minor, isolated, and unlikely
2to reoccur.
32. A person who, in the course of employment, examines,
4attends, counsels, or treats a dependent adult and reasonably
5believes the dependent adult has suffered abuse, shall report
6the suspected dependent adult abuse to the department. Persons
7required to report include all of the following:
8a. A member of the staff of a community mental health
9center.
10b. A peace officer.
11c. An in-home homemaker-home health aide.
12d. An individual employed as an outreach person.
13e. A health practitioner, as defined in section 232.68.
14f. A member of the staff or an employee of a supported
15community living service, sheltered workshop, or work activity
16center.
17g. A social worker.
18h. A certified psychologist.
19i. A massage therapist licensed pursuant to chapter 152C.
203. a. If a staff member or employee is required to report
21pursuant to this section, the person shall immediately notify
22the department and shall also immediately notify the person in
23charge or the person’s designated agent.
24b. The employer or supervisor of a person who is required to
25or may make a report pursuant to this section shall not apply a
26policy, work rule, or other requirement that interferes with
27the person making a report of dependent adult abuse or that
28results in the failure of another person to make the report.
294. An employee of a financial institution may report
30suspected financial exploitation of a dependent adult to the
31department.
325. Any other person who believes that a dependent adult has
33suffered abuse may report the suspected abuse to the department
34of human services.
356. Following the reporting of suspected dependent adult
-460-1abuse, the department of human services or an agency approved
2by the department shall complete an assessment of necessary
3services and shall make appropriate referrals for receipt of
4these services. The assessment shall include interviews with
5the dependent adult, and, if appropriate, with the alleged
6perpetrator of the dependent adult abuse and with any person
7believed to have knowledge of the circumstances of the case.
8The department may provide necessary protective services and
9may establish a sliding fee schedule for those persons able to
10pay a portion of the protective services.
117. Upon a showing of probable cause that a dependent
12adult has been abused, a court may authorize a person, also
13authorized by the department, to make an evaluation, to enter
14the residence of, and to examine the dependent adult. Upon
15a showing of probable cause that a dependent adult has been
16financially exploited, a court may authorize a person, also
17authorized by the department, to make an evaluation, and to
18gain access to the financial records of the dependent adult.
198. If the department determines that disclosure is
20necessary for the protection of a dependent adult, the
21department may disclose to a subject of a dependent adult abuse
22report referred to in section 235B.6, subsection 2, paragraph
23“a”, that an individual is listed in the child or dependent
24adult abuse registry or is required to register with the sex
25offender registry in accordance with chapter 692A.
269. If, in the course of assessment, evaluation, or
27investigation of a report of dependent adult abuse, the
28department determines that disclosure is necessary for the
29protection of a dependent adult’s resources, the department
30may disclose the initiation and status of the dependent
31adult abuse evaluation to the dependent adult’s bank, savings
32association, credit union, broker-dealer as defined in section
33502.102, subsection 4, investment advisor as defined in section
34502.102, subsection 15, financial advisor, or other financial
35institution, or the administrator as defined in section
-461-1502.102, subsection 1.
210. The department shall inform the appropriate county
3attorneys of any reports of dependent adult abuse. The
4department may request information from any person believed
5to have knowledge of a case of dependent adult abuse. The
6person, including but not limited to a county attorney, a law
7enforcement agency, a multidisciplinary team, a social services
8agency in the state, or any person who is required pursuant
9to subsection 2 to report dependent adult abuse, whether or
10not the person made the specific dependent adult abuse report,
11shall cooperate and assist in the evaluation upon the request
12of the department. If the department’s assessment reveals
13that dependent adult abuse exists which might constitute a
14criminal offense, a report shall be made to the appropriate
15law enforcement agency. County attorneys and appropriate law
16enforcement agencies shall also take any other lawful action
17necessary or advisable for the protection of the dependent
18adult.
19a. If, upon completion of the evaluation or upon referral
20from the department of inspections and appeals, the department
21determines that the best interests of the dependent adult
22require court action, the department shall initiate action for
23the appointment of a guardian or conservator or for admission
24or commitment to an appropriate institution or facility
25pursuant to the applicable procedures under chapter 125, 222,
26229, or 633, or shall pursue other remedies provided by law.
27The appropriate county attorney shall assist the department in
28the preparation of the necessary papers to initiate the action
29and shall appear and represent the department at all district
30court proceedings.
31b. The department shall assist the court during all stages
32of court proceedings involving a suspected case of dependent
33adult abuse.
34c. In every case involving abuse which is substantiated
35by the department and which results in a judicial proceeding
-462-1on behalf of the dependent adult, legal counsel shall be
2appointed by the court to represent the dependent adult in
3the proceedings. The court may also appoint a guardian ad
4litem to represent the dependent adult if necessary to protect
5the dependent adult’s best interests. The same attorney may
6be appointed to serve both as legal counsel and as guardian
7ad litem. Before legal counsel or a guardian ad litem is
8appointed pursuant to this section, the court shall require
9the dependent adult and any person legally responsible for
10the support of the dependent adult to complete under oath
11a detailed financial statement. If, on the basis of that
12financial statement, the court deems that the dependent adult
13or the legally responsible person is able to bear all or a
14portion of the cost of the legal counsel or guardian ad litem,
15the court shall so order. In cases where the dependent adult
16or the legally responsible person is unable to bear the cost
17of the legal counsel or guardian ad litem, the expense shall
18be paid by the county.
1911. A person participating in good faith in reporting or
20cooperating with or assisting the department in evaluating a
21case of dependent adult abuse has immunity from liability,
22civil or criminal, which might otherwise be incurred or
23imposed based upon the act of making the report or giving the
24assistance. The person has the same immunity with respect to
25participating in good faith in a judicial proceeding resulting
26from the report or cooperation or assistance or relating to the
27subject matter of the report, cooperation, or assistance.
2812. It shall be unlawful for any person or employer
29to discharge, suspend, or otherwise discipline a person
30required to report or voluntarily reporting an instance of
31suspected dependent adult abuse pursuant to subsection 2 or
325, or cooperating with, or assisting the department of human
33services in evaluating a case of dependent adult abuse, or
34participating in judicial proceedings relating to the reporting
35or cooperation or assistance based solely upon the person’s
-463-1reporting or assistance relative to the instance of dependent
2adult abuse. A person or employer found in violation of this
3subsection is guilty of a simple misdemeanor.
413. A person required by this section to report a suspected
5case of dependent adult abuse who knowingly and willfully fails
6to do so commits a simple misdemeanor. A person required by
7this section to report a suspected case of dependent adult
8abuse who knowingly fails to do so or who knowingly, in
9violation of subsection 3, interferes with the making of such a
10report or applies a requirement that results in such a failure
11is civilly liable for the damages proximately caused by the
12failure.
1314. The department of inspections and appeals shall adopt
14rules which require facilities or programs to separate an
15alleged dependent adult abuser from a victim following an
16allegation of perpetration of abuse and prior to the completion
17of an investigation of the allegation.
18 Sec. 718. Section 235B.5, Code 2023, is amended to read as
19follows:
20235B.5 Creation and maintenance of a central registry.
211. There is created within the department a central registry
22for dependent adult abuse information. The department shall
23organize and staff the registry and adopt rules for its
24operation.
252. The registry shall collect, maintain, and disseminate
26dependent adult abuse information as provided in this chapter.
273. The department shall maintain a toll-free telephone
28line, which shall be available on a twenty-four-hour-a-day,
29seven-day-a-week basis and which the department and all other
30persons may use to report cases of suspected dependent adult
31abuse and that all persons authorized by this chapter may use
32for obtaining dependent adult abuse information.
334. An oral report of suspected dependent adult abuse
34initially made to the central registry shall be immediately
35transmitted by the department to the appropriate county
-464-1department of human services or law enforcement agency, or
2both.
35. An oral report of suspected dependent adult abuse
4initially made to the central registry regarding a facility or
5program as defined in section 235E.1 shall be transmitted by
6the department to the department of inspections and appeals on
7the first working day following the submitting of the report.
86. The registry, upon receipt of a report of suspected
9dependent adult abuse, shall search the records of the
10registry, and if the records of the registry reveal any
11previous report of dependent adult abuse involving the same
12adult or if the records reveal any other pertinent information
13with respect to the same adult, the appropriate office of the
14 department of human services or the appropriate law enforcement
15agency shall be immediately notified of that fact.
167. The central registry shall include but not be limited to
17report data, investigation data, and disposition data.
18 Sec. 719. Section 235B.6, Code 2023, is amended to read as
19follows:
20235B.6 Authorized access.
211. Notwithstanding chapter 22, the confidentiality of all
22dependent adult abuse information shall be maintained, except
23as specifically provided by subsections 2 and 3.
242. Access to dependent adult abuse information other than
25unfounded dependent adult abuse information is authorized only
26to the following persons:
27a. A subject of a report including all of the following:
28(1) To an adult named in a report as a victim of abuse or to
29the adult’s attorney or guardian ad litem.
30(2) To a guardian or legal custodian, or that person’s
31attorney, of an adult named in a report as a victim of abuse.
32(3) To the person or the attorney for the person named in a
33report as having abused an adult.
34b. A person involved in an investigation of dependent adult
35abuse including all of the following:
-465- 1(1) A health practitioner or mental health professional
2who is examining, attending, or treating an adult whom such
3practitioner or professional believes or has reason to believe
4has been the victim of abuse or to a health practitioner or
5mental health professional whose consultation with respect to
6an adult believed to have been the victim of abuse is requested
7by the department.
8(2) An employee or agent of the department responsible for
9the investigation of a dependent adult abuse report or for the
10purpose of performing record checks as required under section
11135C.33.
12(3) A representative of the department involved in the
13certification or accreditation of an agency or program
14providing care or services to a dependent adult believed to
15have been a victim of abuse.
16(4) A law enforcement officer responsible for assisting in
17an investigation of a dependent adult abuse allegation.
18(5) A multidisciplinary team, if the department of human
19services approves the composition of the multidisciplinary team
20and determines that access to the team is necessary to assist
21the department in the investigation, diagnosis, assessment, and
22disposition of a case of dependent adult abuse.
23(6) The mandatory reporter who reported the dependent adult
24abuse in an individual case.
25(7) Each board specified under chapter 147 and the Iowa
26 department of public health for the purpose of licensure,
27certification or registration, disciplinary investigation, or
28the renewal of licensure, certification or registration, or
29disciplinary proceedings of health care professionals.
30c. A person providing care to an adult including all of the
31following:
32(1) A licensing authority for a facility, including a
33facility or program defined in section 235E.1, providing care
34to an adult named in a report.
35(2) A person authorized as responsible for the care or
-466-1supervision of an adult named in a report as a victim of abuse
2or a person named in a report as having abused an adult if
3the court or registry deems access to dependent adult abuse
4information by such person to be necessary.
5(3) An employee or agent of the department responsible
6for registering or licensing or approving the registration or
7licensing of a person, or to an individual providing care to an
8adult and regulated by the department.
9(4) The legally authorized protection and advocacy agency
10recognized pursuant to section 135C.2 if a person identified in
11the information as a victim or a perpetrator of abuse resided
12in or receives services from a facility, including a facility
13or program defined in section 235E.1, or agency because the
14person is diagnosed as having a developmental disability or a
15mental illness.
16(5) To an administrator of an agency certified by the
17department of human services to provide services under a
18medical assistance home and community-based services waiver,
19if the information concerns a person employed by or being
20considered by the agency for employment.
21(6) To the administrator of an agency providing mental
22health, intellectual disability, or developmental disability
23services under a regional service system management plan
24implemented in accordance with section 331.393, if the
25information concerns a person employed by or being considered
26by the agency for employment.
27(7) To an administrator of a hospital licensed under chapter
28135B if the data concerns a person employed or being considered
29for employment by the hospital.
30(8) An employee of an agency requested by the department
31to provide case management or other services to the dependent
32adult.
33d. Relating to judicial and administrative proceedings,
34persons including all of the following:
35(1) A court upon a finding that information is necessary
-467-1for the resolution of an issue arising in any phase of a case
2involving dependent adult abuse.
3(2) A court or agency hearing an appeal for correction
4of dependent adult abuse information as provided in section
5235B.10.
6(3) An expert witness or a witness who testifies at any
7stage of an appeal necessary for correction of dependent adult
8abuse information as provided in section 235B.10.
9(4) A court or administrative agency making a determination
10regarding an unemployment compensation claim pursuant to
11section 96.6.
12(5) To a juvenile court involved in an adjudication or
13disposition of a child that is the subject of a guardianship
14proceeding under chapter 232D.
15(6) To a district court upon a finding that data is
16necessary for the resolution of an issue arising in any phase
17of a case involving proceedings for a child guardianship under
18chapter 232D.
19e. Other persons including all of the following:
20(1) A person conducting bona fide research on dependent
21adult abuse, but without information identifying individuals
22named in a dependent adult abuse report, unless having that
23information open to review is essential to the research or
24evaluation and the authorized registry officials give prior
25written approval and the adult, the adult’s guardian or
26guardian ad litem, and the person named in a report as having
27abused an adult give permission to release the information.
28(2) Registry or department personnel when necessary to the
29performance of their official duties or a person or agency
30under contract with the department to carry out official duties
31and functions of the registry.
32(3) The department of justice for the sole purpose of the
33filing of a claim for reparation pursuant to sections 915.21
34and 915.84.
35(4) A legally constituted adult protection agency of
-468-1another state which is investigating or treating an adult named
2in a report as having been abused.
3(5) The office of the attorney general.
4(6) A health care facility administrator or the
5administrator’s designee, following the appeals process, for
6the purpose of hiring staff or continued employment of staff.
7(7) To the administrator of an agency providing care to a
8dependent adult in another state, for the purpose of performing
9an employment background check.
10(8) To the superintendent, or the superintendent’s
11designee, of a school district or to the authorities in charge
12of an accredited nonpublic school for purposes of a volunteer
13or employment record check.
14(9) The department of inspections and appeals for purposes
15of record checks of applicants for employment with the
16department of inspections and appeals.
17(10) The state or a local long-term care ombudsman if the
18victim resides in or the alleged perpetrator is an employee of
19a long-term care facility as defined in section 231.4.
20(11) The state office or local office of public guardian as
21defined in section 231E.3, if the information relates to the
22provision of legal services for a client served by the state or
23local office of public guardian.
24(12) A nursing program that is approved by the state board
25of nursing under section 152.5, if the information relates to a
26record check performed pursuant to section 152.5A.
27(13) To the board of educational examiners created under
28chapter 272 for purposes of determining whether a license,
29certificate, or authorization should be issued, denied, or
30revoked.
31(14) The department on aging for the purposes of conducting
32background checks of applicants for employment with the
33department on aging.
34(15) To the Iowa veterans home for purposes of record checks
35of potential volunteers and volunteers in the Iowa veterans
-469-1home.
2(16) To the administrator of a certified nurse aide program,
3if the data relates to a record check of a student of the
4program performed pursuant to section 135C.33.
5(17) To the administrator of a juvenile detention or shelter
6care home, if the data relates to a record check of an existing
7or prospective employee, resident, or volunteer for or in the
8home.
9(18) To the employer or prospective employer of a school bus
10driver for purposes of an employment record check.
11(19) To a free clinic as defined in section 135.24A for
12purposes of record checks of potential volunteers and existing
13volunteers at the free clinic.
14(20) To a bank, savings association, credit union,
15broker-dealer as defined in section 502.102, subsection 4,
16investment advisor as defined in section 502.102, subsection
1715, financial advisor, or other financial institution as deemed
18necessary by the department to protect the dependent adult’s
19resources.
20(21) To the social security administration.
21(22) To the administrator as defined in section 502.102,
22subsection 1.
23f. To a person who submits written authorization from
24an individual allowing the person access to information on
25the determination only on whether or not the individual who
26authorized the access is named in a founded dependent adult
27abuse report as having abused a dependent adult.
283. Access to unfounded dependent adult abuse information is
29authorized only to those persons identified in subsection 2,
30paragraph “a”, paragraph “b”, subparagraphs (2), (5), and (6),
31and paragraph “e”, subparagraphs (2), (5), (10), (20), (21), and
32(22).
33 Sec. 720. Section 235B.16, Code 2023, is amended to read as
34follows:
35235B.16 Information, education, and training requirements.
-470- 11. The department on aging, in cooperation with the
2department, shall conduct a public information and education
3program. The elements and goals of the program include but are
4not limited to:
5a. Informing the public regarding the laws governing
6dependent adult abuse and the reporting requirements for
7dependent adult abuse.
8b. Providing caretakers with information regarding services
9to alleviate the emotional, psychological, physical, or
10financial stress associated with the caretaker and dependent
11adult relationship.
12c. Affecting public attitudes regarding the role of a
13dependent adult in society.
142. The department, in cooperation with the department on
15aging and the department of inspections and appeals, shall
16institute a program of education and training for persons,
17including members of provider groups and family members, who
18may come in contact with dependent adult abuse. The program
19shall include but is not limited to instruction regarding
20recognition of dependent adult abuse and the procedure for the
21reporting of suspected abuse.
223. The content of the continuing education required
23pursuant to chapter 272C for a licensed professional providing
24care or service to a dependent adult shall include, but is
25not limited to, the responsibilities, obligations, powers,
26and duties of a person regarding the reporting of suspected
27dependent adult abuse, and training to aid the professional in
28identifying instances of dependent adult abuse.
294. The department of inspections and appeals shall provide
30training to investigators regarding the collection and
31preservation of evidence in the case of suspected dependent
32adult abuse.
335. a. For the purposes of this subsection, “licensing
34board” means a board designated in section 147.13, the board of
35educational examiners created in section 272.2, or a licensing
-471-1board as defined in section 272C.1.
2b. A person required to report cases of dependent adult
3abuse pursuant to sections 235B.3 and 235E.2, other than a
4physician whose professional practice does not regularly
5involve providing primary health care to adults, shall
6complete two hours of training relating to the identification
7and reporting of dependent adult abuse within six months of
8initial employment or self-employment which involves the
9examination, attending, counseling, or treatment of adults
10on a regular basis. Within one month of initial employment
11or self-employment, the person shall obtain a statement of
12the abuse reporting requirements from the person’s employer
13or, if self-employed, from the department. The person shall
14complete at least two hours of additional dependent adult abuse
15identification and reporting training every three years. If
16the person completes at least one hour of additional dependent
17adult abuse identification and reporting training prior to the
18three-year expiration period, the person shall be deemed in
19compliance with the training requirements of this section for
20an additional three years.
21c. The core training curriculum relating to the
22identification and reporting of dependent adult abuse, as
23provided in paragraph “b”, shall be developed by the department
24pursuant to subsection 2 and provided by the department.
25d. An employer of a person required to report cases
26of dependent adult abuse pursuant to sections 235B.3 and
27235E.2 may provide supplemental training, specific to the
28identification and reporting of dependent adult abuse as it
29relates to the person’s professional practice, in addition to
30the core training provided by the department.
31e. A licensing board with authority over the license of
32a person required to report cases of dependent adult abuse
33pursuant to sections 235B.3 and 235E.2 shall require as a
34condition of licensure that the person is in compliance with
35the requirements for abuse training under this subsection.
-472-1The licensing board shall require the person upon licensure
2renewal to accurately document for the licensing board the
3person’s completion of the training requirements. However,
4the licensing board may adopt rules providing for waiver or
5suspension of the compliance requirements, if the waiver or
6suspension is in the public interest, applicable to a person
7who is engaged in active duty in the military service of this
8state or of the United States, to a person for whom compliance
9with the training requirements would impose a significant
10hardship, or to a person who is practicing a licensed
11profession outside this state or is otherwise subject to
12circumstances that would preclude the person from encountering
13dependent adult abuse in this state.
14f. For persons required to report cases of dependent
15adult abuse pursuant to sections 235B.3 and 235E.2, who are
16not engaged in a licensed profession that is subject to the
17authority of a licensing board but are employed by a facility
18or program subject to licensure, registration, or approval by a
19state agency, the agency shall require as a condition of the
20renewal of the facility’s or program’s licensure, registration,
21or approval, that such persons employed by the facility or
22program are in compliance with the training requirements of
23this subsection.
24g. For peace officers, the elected or appointed official
25designated as the head of the agency employing the peace
26officer shall ensure compliance with the training requirements
27of this subsection.
28h. For persons required to report cases of dependent adult
29abuse pursuant to sections 235B.3 and 235E.2 who are employees
30of state departments and political subdivisions of the state,
31the department director or the chief administrator of the
32political subdivision shall ensure the persons’ compliance with
33the training requirements of this subsection.
346. The department shall require an educational program for
35employees of the registry on the proper use and control of
-473-1dependent adult abuse information.
2 Sec. 721. Section 235B.16A, Code 2023, is amended to read
3as follows:
4235B.16A Dependent adults — dependency assessments —
5interagency training.
61. The dependent adult protective advisory council
7established pursuant to section 235B.1 shall recommend a
8uniform assessment instrument and process for adoption and use
9by the department of human services and other agencies involved
10with assessing a dependent adult’s degree of dependency
11and determining whether dependent adult abuse has occurred.
12However, this section shall not apply to dependent adult abuse
13assessments and determinations made under chapter 235E.
142. The instrument and process design under subsection 1
15shall address but is not limited to all of the following:
16a. Evaluation of conformity with applicable federal law and
17regulations on the part of the persons employing, housing, or
18providing services to the dependent adult.
19b. Provision for the final step in the dependency assessment
20of a dependent adult to be a formal assessment of the existence
21of risk to the health or safety of the individual or of the
22degree of the individual’s impairment in ability under the
23definition of dependent adult in section 235B.2.
24c. If the assessment under paragraph “b” determines that a
25risk to the health or safety of the individual exists or the
26individual has a significant impairment in ability, and the
27individual being assessed agrees, provision for a case manager
28to be assigned to assist in preparing and implementing a safety
29plan which includes protective services for the individual.
30d. If the assessment under paragraph “b” determines that
31a risk to the health or safety of the individual exists or
32the individual has a significant impairment in ability, the
33individual being assessed does not agree to the safety plan
34provisions under paragraph “c” or accept other services, and
35the options available under sections 235B.17, 235B.18, and
-474-1235B.19 are not utilized, provision for the department of human
2services to maintain periodic contact with the individual in
3accordance with rules adopted for this purpose. The purpose
4of the contact is to assess any increased risk or impairment
5and to monitor the individual’s goals, feelings, and concerns
6so that the department can intervene when necessary or
7offer services and other support to maintain or sustain the
8individual’s safety and independence when the individual is
9ready to agree to a safety plan or accept services.
103. The department of human services and other agencies
11involved with assessing a dependent adult’s degree of
12dependency and whether dependent adult abuse has occurred shall
13adopt rules and take other steps necessary to implement the
14uniform assessment instrument and process addressed by this
15section on or before July 1, 2010.
164. The department of human services shall cooperate with
17the department on aging, the departments of inspections
18and appeals, public health, public safety, and workforce
19development, the civil rights commission, and other state and
20local agencies performing inspections or otherwise visiting
21residential settings where dependent adults live, to regularly
22provide training to the appropriate staff in the agencies
23concerning each agency’s procedures involving dependent
24adults, and to build awareness concerning dependent adults and
25reporting of dependent adult abuse.
26 Sec. 722. Section 235E.2, subsection 1, paragraphs a and c,
27Code 2023, are amended to read as follows:
28a. The department shall receive and evaluate reports
29of dependent adult abuse in facilities and programs. The
30department shall inform the department of health and human
31services of such evaluations and dispositions and those
32individuals who should be placed on the central registry for
33dependent adult abuse pursuant to section 235E.7. If the
34department believes the situation involves an immediate danger
35to the public health, safety, or welfare requiring immediate
-475-1agency action to seek emergency placement on the central
2registry, the department may utilize emergency adjudicative
3proceedings pursuant to section 17A.18A.
4c. A report of dependent adult abuse that meets the
5definition of dependent adult abuse under section 235E.1,
6subsection 5, paragraph “a”, subparagraph (1), subparagraph
7division (a) or (d), or section 235E.1, subsection 5, paragraph
8“a”, subparagraph (3), which the department determines is
9minor, isolated, and unlikely to reoccur shall be collected
10and maintained by the department of health and human services
11as an assessment only for a five-year period and shall not be
12included in the central registry and shall not be considered
13to be founded dependent adult abuse. A subsequent report of
14dependent adult abuse that meets the definition of dependent
15adult abuse under section 235E.1, subsection 5, paragraph “a”,
16subparagraph (1), subparagraph division (a) or (d), or section
17235E.1, subsection 5, paragraph “a”, subparagraph (3), that
18occurs within the five-year period, and that is committed by
19the caretaker responsible for the act or omission which was the
20subject of the previous report of dependent adult abuse which
21the department determined was minor, isolated, and unlikely to
22reoccur, may be considered minor, isolated, and unlikely to
23reoccur depending on the circumstances of the report.
24 Sec. 723. Section 235E.2, subsection 5, Code 2023, is
25amended to read as follows:
265. Any other person who believes that a dependent adult
27has suffered dependent adult abuse may report the suspected
28dependent adult abuse to the department of inspections and
29appeals. The department of inspections and appeals shall
30transfer any reports received of dependent adult abuse in the
31community to the department of health and human services. The
32department of health and human services shall transfer any
33reports received of dependent adult abuse in facilities or
34programs to the department of inspections and appeals.
35 Sec. 724. Section 235E.2, subsection 6, paragraph a, Code
-476-12023, is amended to read as follows:
2a. If, upon completion of an investigation, the department
3determines that the best interests of the dependent adult
4require court action, the department shall notify the
5department of health and human services of the potential need
6for a guardian or conservator or for admission or commitment
7to an appropriate institution or facility pursuant to the
8applicable procedures under chapter 125, 222, 229, or 633, or
9shall pursue other remedies provided by law. The appropriate
10county attorney shall assist the department of health and human
11services in the preparation of the necessary papers to initiate
12the action and shall appear and represent the department of
13health and human services at all district court proceedings.
14 Sec. 725. Section 235F.6, subsection 4, Code 2023, is
15amended to read as follows:
164. The court may approve a consent agreement between the
17parties entered into to bring about the cessation of elder
18abuse. A consent agreement approved under this section shall
19not contain any of the following:
20a. A provision that prohibits any party to the action
21from contacting or cooperating with any government agency
22including the department of health and human services, the
23department of inspections and appeals, the department on aging,
24 the department of justice, law enforcement, and the office of
25long-term care ombudsman; a licensing or regulatory agency
26that has jurisdiction over any license or certification held
27by the defendant; a protection and advocacy agency recognized
28in section 135C.2; or the defendant’s current employer if the
29defendant’s professional responsibilities include contact with
30vulnerable elders, dependent adults, or minors, if the party
31contacting or cooperating has a good-faith belief that the
32information is relevant to the duties or responsibilities of
33the entity.
34b. A provision that prohibits any party to the action from
35filing a complaint with or reporting a violation of law to
-477-1any government agency including the department of health and
2 human services, the department of inspections and appeals,
3the department on aging, the department of justice, law
4enforcement, and the office of long-term care ombudsman; a
5licensing or regulatory agency that has jurisdiction over any
6license or certification held by the defendant; a protection
7and advocacy agency recognized in section 135C.2; or the
8defendant’s current employer.
9c. A provision that requires any party to the action to
10withdraw a complaint filed with or a violation reported to
11any government agency including the department of health and
12 human services, the department of inspections and appeals,
13the department on aging, the department of justice, law
14enforcement, and the office of long-term care ombudsman; a
15licensing or regulatory agency that has jurisdiction over any
16license or certification held by the defendant; a protection
17and advocacy agency recognized in section 135C.2; or the
18defendant’s current employer.
19 Sec. 726. Section 237.1, Code 2023, is amended to read as
20follows:
21237.1 Definitions.
22As used in this chapter:
231. “Administrator” means the administrator of that division
24of the department designated by the director of human services
25to administer this chapter or the administrator’s designee.
262. 1. “Agency” means a person, as defined in section 4.1,
27subsection 20, which provides child foster care and which does
28not meet the definition of an individual in subsection 7 as
29defined under this section.
303. 2. “Child” means child as defined in section 234.1,
31subsection 2.
324. 3. “Child foster care” means the provision of parental
33nurturing, including but not limited to the furnishing of
34food, lodging, training, education, supervision, treatment,
35or other care, to a child on a full-time basis by a person,
-478-1including a relative of the child if the relative is licensed
2under this chapter, but not including a guardian of the child.
3“Child foster care” does not include any of the following care
4situations:
5a. Care furnished by an individual person who receives the
6child of a personal friend as an occasional and personal guest
7in the individual person’s home, free of charge and not as a
8business.
9b. Care furnished by an individual person with whom a child
10has been placed for lawful adoption, unless that adoption is
11not completed within two years after placement.
12c. Care furnished by a private boarding school subject to
13approval by the state board of education pursuant to section
14256.11.
15d. Child care furnished by a child care center, a child
16development home, or a child care home as defined in section
17237A.1.
18e. Care furnished in a hospital licensed under chapter 135B
19or care furnished in a nursing facility licensed under chapter
20135C.
21f. Care furnished by a relative of a child or an individual
22person with a meaningful relationship with the child where the
23child is not under the placement, care, or supervision of the
24department.
254. “Council” means the council on health and human services.
265. “Department” means the department of health and human
27services.
286. “Director” means the director of health and human
29services.
307. “Facility” means the personnel, program, physical plant,
31and equipment of a licensee.
327. 8. “Individual” means an individual person or a married
33couple who provides child foster care in a single-family home
34environment and which does not meet the definition of an agency
35in subsection 2 under this section.
-479- 18. 9. “Licensee” means an individual or an agency licensed
2by the administrator under this chapter.
39. 10. “Reasonable and prudent parent standard” means
4the standard characterized by careful and sensible parenting
5decisions that maintain the health, safety, and best interests
6of a child, while at the same time encouraging the emotional
7and developmental growth of a child, that a caregiver shall
8use when determining whether to allow a child in foster care
9under the placement, care, or supervision of the department to
10participate in extracurricular, enrichment, cultural, or social
11activities. For the purposes of this subsection, “caregiver”
12means an individual or an agency licensed under this chapter
13with which a child in foster care has been placed or a juvenile
14shelter care home approved under chapter 232 in which a child
15in foster care has been placed.
16 Sec. 727. Section 237.3, Code 2023, is amended to read as
17follows:
18237.3 Rules.
191. Except as otherwise provided by subsections 3 and 4,
20the administrator department shall promulgate, after their
21adoption by the council on human services, and enforce in
22accordance with chapter 17A, administrative rules necessary
23to implement this chapter. Formulation of the rules shall
24include consultation with representatives of child foster care
25providers, and other persons affected by this chapter. The
26rules shall encourage the provision of child foster care in a
27single-family, home environment, exempting the single-family,
28home facility from inappropriate rules.
292. Rules applicable to licensees shall include but are not
30limited to:
31a. Types of facilities which include but are not limited to
32group foster care facilities and family foster care homes.
33b. The number, qualifications, character, and parenting
34ability of personnel necessary to assure the health, safety and
35welfare of children receiving child foster care.
-480- 1c. Programs for education and in-service training of
2personnel.
3d. The physical environment of a facility.
4e. Policies for intake, assessment, admission and discharge.
5f. Housing, health, safety, and medical care policies
6for children receiving child foster care. The medical care
7policies shall include but are not limited to all of the
8following:
9(1) Provision by the department to the foster care provider
10at or before the time of a child’s placement of the child’s
11health records and any other information possessed or known
12about the health of the child or about a member of the child’s
13family that pertains to the child’s health.
14(2) If the health records supplied in accordance with
15the child’s case permanency plan to the foster care provider
16are incomplete or the provider requests specific health
17information, provision for obtaining additional health
18information from the child’s parent or other source and
19supplying the additional information to the foster care
20provider.
21(3) Provision for emergency health coverage of the child
22while the child is engaged in temporary out-of-state travel
23with the child’s foster family.
24g. (1) The adequacy of programs available to children
25receiving child foster care provided by agencies, including but
26not limited to:
27(a) Dietary services.
28(b) Social services.
29(c) Activity programs.
30(d) Behavior management procedures.
31(e) Educational programs, including special education
32as defined in section 256B.2, subsection 1, paragraph “b”,
33where appropriate, which are approved by the state board of
34education.
35(2) The department shall not promulgate rules which
-481-1regulate individual licensees in the subject areas enumerated
2in this paragraph “g”.
3h. Policies for involvement of biological parents.
4i. Records a licensee is required to keep, and reports a
5licensee is required to make to the administrator department.
6j. Prior to the licensing of an individual as a foster
7family home, a required, written social assessment of the
8quality of the living situation in the home of the individual,
9and a required compilation of personal references for the
10individual other than those references given by the individual.
11k. Elements of a foster care placement agreement outlining
12rights and responsibilities associated with an individual
13providing family foster care. The rights and responsibilities
14shall include but are not limited to all of the following:
15(1) Receiving information prior to the child’s placement
16regarding risk factors concerning the child that are known to
17the department, including but not limited to notice if the
18child is required to register under chapter 692A.
19(2) Having regularly scheduled meetings with each case
20manager assigned to the child.
21(3) Receiving access to any reports prepared by a service
22provider who is working with the child unless the access is
23prohibited by state or federal law.
243. Rules governing fire safety in facilities with child
25foster care provided by agencies shall be promulgated by the
26state fire marshal pursuant to section 100.1, subsection 5,
27 after consultation with the administrator director.
284. Rules governing sanitation, water and waste disposal
29standards for facilities shall be promulgated by the Iowa
30 department of public health pursuant to section 135.11,
31subsection 12, after consultation with the administrator
32 director.
335. In case of a conflict between rules promulgated pursuant
34to subsections 3 and 4 and local rules, the more stringent
35requirement applies.
-482- 16. Rules of the department shall not prohibit the licensing,
2as foster family homes, of individuals who are departmental
3employees not directly engaged in the administration of the
4child foster care program pursuant to this chapter.
57. If an agency is accredited by the joint commission
6on the accreditation of health care organizations under the
7commission’s consolidated standards for residential settings
8or by the council on accreditation of services for families
9and children, the department shall modify facility licensure
10standards applied to the agency in order to avoid duplicating
11standards applied through accreditation.
128. The department, in consultation with the judicial
13branch, the division of criminal and juvenile justice planning
14of the department of human rights, residential treatment
15providers, the foster care provider association, and other
16parties which may be affected, shall review the licensing rules
17pertaining to residential treatment facilities, and examine
18whether the rules allow the facilities to accept and provide
19effective treatment to juveniles with serious problems who
20might not otherwise be placed in those facilities.
219. The department shall adopt rules specifying the elements
22of a preadoptive care agreement outlining the rights and
23responsibilities associated with a person providing preadoptive
24care, as defined in section 232.2.
2510. The department shall adopt rules to administer the
26exception to the definition of child care in section 237A.1,
27subsection 3, paragraph “l”, allowing a child care facility, for
28purposes of providing respite care to a foster family home, to
29provide care, supervision, or guidance of a child for a period
30of twenty-four hours or more who is placed with the licensed
31foster family home.
32 Sec. 728. Section 237.4, Code 2023, is amended to read as
33follows:
34237.4 License required — exceptions.
35An individual or an agency, as defined in section 237.1,
-483-1shall not provide child foster care unless the individual or
2agency obtains a license issued by the administrator under this
3chapter. However, a license is not required of the following:
41. An individual providing child foster care for a total of
5not more than twenty days in one calendar year.
62. A residential care facility licensed under chapter 135C
7which is approved for the care of children.
83. A hospital licensed under chapter 135B.
94. A health care facility licensed under chapter 135C.
105. A juvenile detention home or juvenile shelter care home
11approved under section 232.142.
126. An institution listed in section 218.1.
137. A facility licensed under chapter 125.
148. An individual providing child care as a babysitter at the
15request of a parent, guardian or relative having lawful custody
16of the child.
17 Sec. 729. Section 237.5, Code 2023, is amended to read as
18follows:
19237.5 License application and issuance — denial, suspension,
20or revocation — provisional licenses.
211. An individual or an agency shall apply for a license
22by completing an application to the administrator department
23 upon forms furnished by the administrator department. The
24administrator department shall issue or reissue a license if
25the administrator department determines that the applicant or
26licensee is or upon commencing operation will provide child
27foster care in compliance with this chapter. An initial
28license for an individual is valid for one year from the date
29of issuance. After the first two years of licensure, a license
30for an individual is valid for two years from the most recent
31date of issuance except that the administrator department,
32within the administrator’s director’s discretion and based upon
33the performance of the licensee, may require annual renewal
34of the license or may issue a provisional license pursuant to
35subsection 3. A license for an agency is valid for up to three
-484-1years from the date of issuance for the period determined by
2the administrator department in accordance with administrative
3rules providing criteria for making the determination. The
4license shall state on its face the name of the licensee, the
5type of facility, the particular premises for which the license
6is issued, and the number of children who may be cared for by
7the facility on the premises at one time. The license shall
8be posted in a conspicuous place in the physical plant of the
9facility, except that if the facility is in a single-family
10home the license may be kept where it is readily available for
11examination upon request.
122. The administrator department, after notice and
13opportunity for an evidentiary hearing, may deny an application
14for a license, and may suspend or revoke a license, if the
15applicant or licensee violates this chapter or the rules
16promulgated pursuant to this chapter, or knowingly makes
17a false statement concerning a material fact or conceals
18a material fact on the license application or in a report
19regarding operation of the facility submitted to the
20administrator department.
213. The administrator department may issue a provisional
22license for not more than one year to a licensee whose
23facility does not meet the requirements of this chapter, if
24written plans to bring the facility into compliance with the
25applicable requirements are submitted to and approved by the
26administrator department. The plans shall state a specific
27time when compliance will be achieved. Only one provisional
28license shall be issued for a facility by reason of the same
29deficiency.
30 Sec. 730. Section 237.6, Code 2023, is amended to read as
31follows:
32237.6 Restricted use of facility.
33A licensee shall not furnish child foster care in a building
34or on premises not designated in the license. A licensee
35shall not furnish child foster care to a greater number of
-485-1children than is designated in the license, unless authorized
2by the administrator so authorizes department. Multiple
3licenses authorizing separate and distinct parts of a facility
4to provide different categories of child foster care may be
5issued.
6 Sec. 731. Section 237.7, Code 2023, is amended to read as
7follows:
8237.7 Reports and inspections.
9The administrator department may require submission of
10reports by a licensee, and shall cause at least one annual
11unannounced inspection of each facility to assess the quality
12of the living situation and to determine compliance with
13applicable requirements and standards. The inspections shall
14be conducted by the department of inspections and appeals.
15The director of the department of inspections and appeals
16may examine records of a licensee, including but not limited
17to corporate records and board minutes, and may inquire into
18matters concerning a licensee and its employees relating to
19requirements and standards for child foster care under this
20chapter.
21 Sec. 732. Section 237.8, Code 2023, is amended to read as
22follows:
23237.8 Personnel.
241. A person shall not be allowed to provide services in a
25facility if the person has a disease which is transmissible to
26other persons through required contact in the workplace, which
27presents a significant risk of infecting other persons, which
28presents a substantial possibility of harming other persons, or
29for which no reasonable accommodation can eliminate the risk of
30infecting other persons.
312. a. (1) If a person is being considered for licensure
32under this chapter, or for employment involving direct
33responsibility for a child or in a facility where children
34reside, by a licensee under this chapter, or if a person will
35reside in a facility utilized by a licensee, and if the person
-486-1has been convicted of a crime or has a record of founded child
2abuse, the record check evaluation system of the department
3and the licensee for an employee of the licensee shall perform
4an evaluation to determine whether the crime or founded
5child abuse warrants prohibition of licensure, employment,
6or residence in the facility. The department record check
7evaluation system shall conduct criminal and child abuse record
8checks in this state and may conduct these checks in other
9states. The evaluation shall be performed in accordance with
10procedures adopted for this purpose by the department.
11(2) If the criminal and child abuse record checks conducted
12in this state under subparagraph (1) for an individual being
13considered for licensure under this chapter, or for employment
14involving direct responsibility for a child or in a facility
15where children reside, by a licensee under this chapter, or
16for an individual who will reside in a facility utilized by
17a licensee, have been completed and the individual either
18does not have a record of crime or founded child abuse or the
19department’s record check evaluation system’s evaluation of
20the record has determined that prohibition of the individual’s
21licensure or employment is not warranted, the individual may
22be provisionally approved for licensure or employment pending
23the outcome of the fingerprint-based criminal history check
24conducted pursuant to subparagraph (4).
25(3) An individual being considered for licensure under this
26chapter, or for employment involving direct responsibility for
27a child or in a facility where children reside, by a licensee
28under this chapter, or for an individual who will reside in a
29facility utilized by a licensee, shall not be granted a license
30or be employed and an evaluation shall not be performed under
31this subsection if the individual has been convicted of any of
32the following felony offenses:
33(a) Within the five-year period preceding the application
34date, a drug-related offense.
35(b) Child endangerment or neglect or abandonment of a
-487-1dependent person.
2(c) Domestic abuse.
3(d) A crime against a child, including but not limited to
4sexual exploitation of a minor.
5(e) A forcible felony.
6(4) If an individual is being considered for licensure under
7this chapter, or for employment involving direct responsibility
8for a child or in a facility where children reside, by a
9licensee under this chapter, or if an individual will reside
10in a facility utilized by a licensee, or if an individual is
11subject to licensure under this chapter as a foster parent,
12in addition to the record checks conducted under subparagraph
13(1), the individual’s fingerprints shall be provided to the
14department of public safety for submission through the state
15criminal history repository to the United States department
16of justice, federal bureau of investigation for a national
17criminal history check. The cost of the criminal history check
18conducted under this subparagraph is the responsibility of the
19department of human services.
20(5) If the criminal and child abuse record checks conducted
21in this state under subparagraph (1) for an individual being
22considered for licensure as a foster parent have been completed
23and the individual either does not have a record of crime
24or founded abuse or the department’s record check evaluation
25system’s evaluation of the record has determined that
26prohibition of the individual’s licensure is not warranted, the
27individual may be provisionally approved for licensure pending
28the outcome of the fingerprint-based criminal history check
29conducted pursuant to subparagraph (4).
30(6) An individual applying to be a foster parent licensee
31shall not be granted a license and an evaluation shall not be
32performed under this subsection if the individual has been
33convicted of any of the following felony offenses:
34(a) Within the five-year period preceding the application
35date, a drug-related offense.
-488- 1(b) Child endangerment or neglect or abandonment of a
2dependent person.
3(c) Domestic abuse.
4(d) A crime against a child, including but not limited to
5sexual exploitation of a minor.
6(e) A forcible felony.
7b. Except as otherwise provided in paragraph “a”, if the
8department record check evaluation system determines that a
9person has committed a crime or has a record of founded child
10abuse and is licensed, employed by a licensee, or resides in a
11licensed facility the department record check evaluation system
12 shall notify the licensee that an evaluation will be conducted
13to determine whether prohibition of the person’s licensure,
14employment, or residence is warranted.
15c. In an evaluation, the department record check evaluation
16system and the licensee for an employee of the licensee shall
17consider the nature and seriousness of the crime or founded
18child abuse in relation to the position sought or held, the
19time elapsed since the commission of the crime or founded child
20abuse, the circumstances under which the crime or founded
21child abuse was committed, the degree of rehabilitation, the
22likelihood that the person will commit the crime or founded
23child abuse again, and the number of crimes or founded child
24abuses committed by the person involved. The department record
25check evaluation system may permit a person who is evaluated
26to be licensed, employed, or to reside, or to continue to be
27licensed, employed, or to reside in a licensed facility, if the
28person complies with the department’s record check evaluation
29system’s conditions relating to the person’s licensure,
30employment, or residence, which may include completion of
31additional training. For an employee of a licensee, these
32conditional requirements shall be developed with the licensee.
33The department record check evaluation system has final
34authority in determining whether prohibition of the person’s
35licensure, employment, or residence is warranted and in
-489-1developing any conditional requirements under this paragraph.
2d. If the department record check evaluation system
3 determines that the person has committed a crime or has a
4record of founded child abuse which warrants prohibition of
5licensure, employment, or residence, the person shall not be
6licensed under this chapter and shall not be employed by a
7licensee or reside in a licensed facility.
83. In addition to the record checks required under
9subsection 2, the department of human services record check
10evaluation system may conduct dependent adult abuse record
11checks in this state and may conduct these checks in other
12states, on a random basis. The provisions of subsection 2,
13relative to an evaluation following a determination that a
14person has been convicted of a crime or has a record of founded
15child abuse, shall also apply to a random check conducted under
16this subsection.
174. On or after July 1, 1994, a A licensee shall inform
18all new applicants for employment of the possibility of the
19performance of a record check and shall obtain, from the
20applicant, a signed acknowledgment of the receipt of the
21information.
225. On or after July 1, 1994, a A licensee shall include the
23following inquiry in an application for employment:
24Do you have a record of founded child or dependent adult abuse
25or have you ever been convicted of a crime, in this state or any
26other state?
27 Sec. 733. Section 237.13, Code 2023, is amended to read as
28follows:
29237.13 Foster home insurance fund.
301. For the purposes of this section, “foster home” means an
31individual, as defined in section 237.1, subsection 7, who is
32licensed to provide child foster care and shall also be known
33as a “licensed foster home”.
342. The foster home insurance fund shall be administered by
35the department of human services. The fund shall consist of
-490-1all moneys appropriated by the general assembly for deposit
2in the fund. The department shall use moneys in the fund to
3provide home and property coverage for foster parents to cover
4damages to property resulting from the actions of a foster
5child residing in a foster home or to reimburse foster parents
6for the cost of purchasing foster care liability insurance and
7to perform the administrative functions necessary to carry out
8this section. The department may establish limitations of
9liability for individual claims as deemed reasonable by the
10department.
113. The department of human services shall adopt rules,
12pursuant to chapter 17A, to carry out the provisions of this
13section.
14 Sec. 734. Section 237.15, subsection 7, Code 2023, is
15amended to read as follows:
167. “Person or court responsible for the child” means the
17department, including but not limited to the department of
18health and human services, the agency, or the individual who is
19the guardian of a child by court order issued by the juvenile
20or district court and has the responsibility of the care of the
21child, or the court having jurisdiction over the child.
22 Sec. 735. Section 237.16, Code 2023, is amended to read as
23follows:
24237.16 Child advocacy board — staff.
251. The child advocacy board is created within the department
26of inspections and appeals. The state board consists of nine
27members appointed by the governor, subject to confirmation
28by the senate and directly responsible to the governor. One
29member shall be an active court appointed special advocate
30volunteer, one member shall be an active member of a local
31citizen foster care review board, and one member shall be a
32judicial branch employee or judicial officer appointed from
33nominees submitted by the judicial branch. The appointment is
34for a term of four years that begins and ends as provided in
35section 69.19. Vacancies on the state board shall be filled in
-491-1the same manner as original appointments are made.
22. The members of the state board shall annually select a
3chairperson, vice chairperson, and other officers the members
4deem necessary. The members may be entitled to receive
5reimbursement for actual and necessary expenses incurred in
6the performance of their duties, subject to available funding.
7Each member of the board may also be eligible to receive
8compensation as provided in section 7E.6. The state board
9shall meet at least twice a year.
103. An employee of the department or of the department of
11inspections and appeals, an employee of a child-placing agency,
12an employee of an agency with which the department contracts
13for services for children under foster care, a foster parent
14providing foster care, or an employee of the district court
15is not eligible to serve on the state board. However, the
16judicial branch employee or judicial officer appointed from
17nominees submitted by the judicial branch in accordance with
18subsection 1 shall be eligible to serve on the state board.
194. The department and the department of inspections and
20appeals shall jointly develop written protocols detailing the
21responsibilities of each the department with regard to children
22under the purview of the state board. The protocols shall be
23reviewed by the departments department on an annual basis.
245. The director shall employ appropriate staff for the state
25board in accordance with available funding.
26 Sec. 736. Section 237.18, subsection 4, Code 2023, is
27amended by striking the subsection.
28 Sec. 737. Section 237.21, subsection 5, Code 2023, is
29amended to read as follows:
305. Members of the state board and local boards, court
31appointed special advocates, and the employees of the
32department and the department of inspections and appeals are
33subject to standards of confidentiality pursuant to sections
34217.30, 228.6, subsection 1, sections 235A.15, 600.16,
35and 600.16A. Members of the state and local boards, court
-492-1appointed special advocates, and employees of the department
2and the department of inspections and appeals who disclose
3information or records of the board or department, other than
4as provided in subsections 2, 3, and 4, section 232.126,
5and section 237.20, subsection 2, are guilty of a simple
6misdemeanor.
7 Sec. 738. Section 237A.1, Code 2023, is amended to read as
8follows:
9237A.1 Definitions.
10As used in this chapter unless the context otherwise
11requires:
121. “Administrator” means the administrator of the division
13of the department designated by the director to administer this
14chapter.
152. 1. “Child” means either of the following:
16a. A person twelve years of age or younger.
17b. A person thirteen years of age or older but younger than
18nineteen years of age who has a developmental disability as
19defined under the federal Developmental Disabilities Assistance
20and Bill of Rights Act of 2000, Pub.L. No.106-402, as
21codified in 42 U.S.C. §15002(8).
223. 2. “Child care” means the care, supervision, and
23guidance of a child by a person other than the child’s parent,
24guardian, or custodian for periods of less than twenty-four
25hours per day per child on a regular basis, but does not
26include care, supervision, and guidance of a child by any of
27the following:
28a. An instructional program for children who are attending
29prekindergarten as defined by the state board of education
30under section 256.11 or a higher grade level and are at least
31four years of age, or are at least three years of age and
32eligible for special education under chapter 256B, administered
33by any of the following:
34(1) A public or nonpublic school system accredited by the
35department of education or the state board of regents.
-493- 1(2) A nonpublic school system which is not accredited by the
2department of education or the state board of regents.
3b. Any of the following church-related programs:
4(1) An instructional program.
5(2) A youth program other than a preschool, before or after
6school child care program, or other child care program.
7(3) A program providing care to children on church premises
8while the children’s parents are attending church-related or
9church-sponsored activities on the church premises.
10c. Short-term classes of less than two weeks’ duration held
11between school terms or during a break within a school term.
12d. A child care center for sick children operated as part of
13a pediatrics unit in a hospital licensed by the department of
14inspections and appeals pursuant to chapter 135B.
15e. A program operated not more than one day per week by
16volunteers which meets all of the following conditions:
17(1) Not more than eleven children are served per volunteer.
18(2) The program operates for less than four hours during any
19twenty-four-hour period.
20(3) The program is provided at no cost to the children’s
21parent, guardian, or custodian.
22f. A program administered by a political subdivision of the
23state which is primarily for recreational or social purposes
24and is limited to children who are five years of age or older
25and attending school.
26g. An after school program continuously offered throughout
27the school year calendar to children who are at least five
28years of age and are enrolled in school, and attend the program
29intermittently or a summer-only program for such children. The
30program must be provided through a nominal membership fee or
31at no cost.
32h. A special activity program which meets less than four
33hours per day for the sole purpose of the special activity.
34Special activity programs include but are not limited to music
35or dance classes, organized athletic or sports programs,
-494-1recreational classes, scouting programs, and hobby or craft
2clubs or classes.
3i. A nationally accredited camp.
4j. A structured program for the purpose of providing
5therapeutic, rehabilitative, or supervisory services to
6children under any of the following:
7(1) A purchase of service or managed care contract with the
8department.
9(2) A contract approved by a governance board of a
10decategorization of child welfare and juvenile justice funding
11project created under section 232.188.
12(3) An arrangement approved by a juvenile court order.
13k. Care provided on-site to children of parents residing in
14an emergency, homeless, or domestic violence shelter.
15l. A child care facility providing respite care to a
16licensed foster family home for a period of twenty-four hours
17or more to a child who is placed with that licensed foster
18family home.
19m. A program offered to a child whose parent, guardian,
20or custodian is engaged solely in a recreational or social
21activity, remains immediately available and accessible on the
22physical premises on which the child’s care is provided, and
23does not engage in employment while the care is provided.
24 However, if the recreational or social activity is provided
25in a fitness center or on the premises of a nonprofit
26organization, the parent, guardian, or custodian of the child
27may be employed to teach or lead the activity.
284. 3. “Child care center” or “center” means a facility
29providing child care or preschool services for seven or more
30children, except when the facility is registered as a child
31development home.
325. 4. “Child care facility” or “facility” means a child
33care center, preschool, or a registered child development home.
346. 5. “Child care home” means a person or program providing
35child care to any of the following children at any one time
-495-1that is not registered to provide child care under this
2chapter, as authorized under section 237A.3:
3a. Five or fewer children.
4b. Six or fewer children, if at least one of the children
5is school-aged.
67. 6. “Child development home” means a person or program
7registered under section 237A.3A that may provide child care to
8seven or more children at any one time.
97. “Council” means the council on health and human services.
108. “Department” means the department of health and human
11services.
129. “Director” means the director of health and human
13services.
1410. “Infant” means a child who is less than twenty-four
15months of age.
1611. “Involvement with child care” means licensed or
17registered under this chapter, employed in a child care
18facility, residing in a child care facility, receiving public
19funding for providing child care, or providing child care as a
20child care home provider, or residing in a child care home.
2112. “Licensed center” means a center issued a full or
22provisional license by the department under the provisions
23of this chapter or a center for which a license is being
24processed.
2513. “Poverty level” means the poverty level defined by the
26most recently revised poverty income guidelines published by
27the United States department of health and human services.
2814. “Preschool” means a child care facility which provides
29to children ages three through five, for periods of time not
30exceeding three hours per day, programs designed to help the
31children to develop intellectual skills, social skills, and
32motor skills, and to extend their interest and understanding
33of the world about them.
3415. “School” means kindergarten or a higher grade level.
3516. “State child care advisory committee” means the state
-496-1child care advisory committee established pursuant to section
2135.173A.
3 Sec. 739. Section 237A.2, subsection 1, paragraph a, Code
42023, is amended to read as follows:
5a. An application for a license or a renewal has been filed
6with the administrator department on forms provided by the
7department.
8 Sec. 740. Section 237A.2, subsection 3, Code 2023, is
9amended to read as follows:
103. The administrator department may reduce a previously
11issued license to a provisional license or issue a provisional
12license for a period of time not to exceed one year if the
13center does not meet standards required under this section.
14A provisional license shall not be renewable in regard to
15the same standards for more than two consecutive years. A
16provisional license shall be posted in a conspicuous place
17in the center as provided in this section. If written plans
18to bring the center up to standards, giving specific dates
19for completion of work, are submitted to and approved by the
20department, the provisional license shall be renewable as
21provided in this subsection.
22 Sec. 741. Section 237A.3A, subsection 3, paragraph a, Code
232023, is amended to read as follows:
24a. Three categories of standards shall be applicable to
25child development homes. The initial designations of the
26categories, which may be revised by the department, shall be
27“A”, “B”, and “C”, as ranked from less stringent standards and
28capacity to more stringent standards and capacity. The “C”
29registration category standards shall require the highest level
30of provider qualifications and allow the greatest capacity of
31the three categories. The department of human services, in
32consultation with the Iowa department of public health, shall
33adopt rules applying standards to each category specifying
34provider qualifications and training, health and safety
35requirements, capacity, amount of space available per child,
-497-1and other minimum requirements. The capacity requirements
2shall take into consideration the provider’s own children,
3children who have a mild illness, children receiving part-time
4child care, and children served as a sibling group in overnight
5care.
6 Sec. 742. Section 237A.5, Code 2023, is amended to read as
7follows:
8237A.5 Personnel.
91. All personnel in licensed or registered facilities
10shall have good health as evidenced by a report following a
11preemployment physical examination taken within six months
12prior to beginning employment. The examination shall include
13communicable disease tests by a licensed physician as defined
14in section 135C.1 or a licensed physician assistant as defined
15in section 148C.1 and shall be repeated every three years after
16initial employment. Controlled medical conditions which would
17not affect the performance of the employee in the capacity
18employed shall not prohibit employment.
192. a. For the purposes of this section, unless the context
20otherwise requires:
21(1) “Person subject to a record check” means a person who is
22described by any of the following:
23(a) The person is being considered for licensure or
24registration or is registered or licensed under this chapter.
25(b) The person is being considered by a child care facility
26for employment involving direct responsibility for a child or
27with access to a child when the child is alone or is employed
28with such responsibilities.
29(c) The person will reside or resides in a child care
30facility.
31(d) The person has applied for or receives public funding
32for providing child care.
33(e) The person will reside or resides in a child care home
34that is not registered under this chapter but that receives
35public funding for providing child care.
-498- 1(2) “Person subject to an evaluation” means a person subject
2to a record check whose record indicates that the person has
3committed a transgression.
4(3) “Transgression” means the existence of any of the
5following in a person’s record:
6(a) Conviction of a crime.
7(b) A record of having committed founded child or dependent
8adult abuse.
9(c) Listing in the sex offender registry under chapter 692A.
10(d) A record of having committed a public or civil offense.
11(e) The department has revoked a child care facility
12registration or license due to the person’s continued or
13repeated failure to operate the child care facility in
14compliance with this chapter and rules adopted pursuant to this
15chapter.
16b. If an individual person subject to a record check is
17being considered for employment by a child care facility or
18child care home provider, in lieu of requesting a record check
19in this state to be conducted by the department record check
20evaluation system under paragraph “c”, the child care facility
21or child care home may access the single contact repository
22established pursuant to section 135C.33 as necessary to conduct
23a criminal and child abuse record check of the individual
24in this state. A copy of the results of the record check
25conducted through the single contact repository shall also be
26provided to the department record check evaluation system.
27If the record check indicates the individual is a person
28subject to an evaluation, the child care facility or child care
29home may request that the department record check evaluation
30system perform an evaluation as provided in this subsection.
31Otherwise, the individual shall not be employed by the child
32care facility or child care home.
33c. Unless a record check has already been conducted in
34accordance with paragraph “b”, the department record check
35evaluation system shall conduct a criminal and child abuse
-499-1record check in this state for a person who is subject to a
2record check and may conduct such a check in other states. In
3addition, the department record check evaluation system may
4conduct a dependent adult abuse, sex offender registry, or
5other public or civil offense record check in this state or in
6other states for a person who is subject to a record check.
7d. (1) For a person subject to a record check, in
8addition to any other record check conducted pursuant to this
9subsection, the person’s fingerprints shall be provided to the
10department of public safety for submission through the state
11criminal history repository to the United States department
12of justice, federal bureau of investigation for a national
13criminal history check. The department may adopt rules
14specifying criteria in the public interest for requiring the
15national criminal history check of a person to be repeated.
16(2) Except as otherwise provided by law, the cost of a
17national criminal history check conducted in accordance with
18subparagraph (1) and the state record checks conducted in
19accordance with paragraph “c” that are conducted in connection
20with a person’s involvement with a child care center are not
21the responsibility of the department. The department is
22responsible for the cost of such checks conducted in connection
23with a person’s involvement with a child development home or
24child care home.
25(3) If record checks under paragraph “b” or “c” have been
26conducted on a person subject to a record check and the results
27do not warrant prohibition of the person’s involvement with
28child care or otherwise present protective concerns, the person
29may be involved with child care on a provisional basis until
30the record check under subparagraph (1) has been completed.
31(4) If a person subject to a record check refuses to consent
32to a record check or if the person makes what the person knows
33to be a false statement of material fact in connection with a
34record check, the person shall be prohibited from involvement
35with child care.
-500- 1e. (1) If a record check performed pursuant to this
2subsection identifies an individual as a person subject to
3an evaluation, an evaluation shall be performed to determine
4whether prohibition of the person’s involvement with child care
5is warranted. The evaluation shall be performed in accordance
6with procedures adopted for this purpose by the department.
7(2) Prior to performing an evaluation, the department
8 record check evaluation system shall notify the affected
9person, licensee, registrant, or child care home applying for
10or receiving public funding for providing child care, that an
11evaluation will be conducted to determine whether prohibition
12of the person’s involvement with child care is warranted.
13f. If a record check performed in accordance with paragraph
14“b” or “c” identifies that an individual is a person subject
15to an evaluation, the department record check evaluation
16system shall perform the evaluation in accordance with this
17subsection, even if the application which made the person
18subject to the record check is withdrawn or the circumstances
19which made the person subject to the record check are no longer
20applicable. If the department’s record check evaluation
21system’s evaluation determines that prohibition of the person’s
22involvement with child care is warranted, the provisions of
23this subsection regarding such a prohibition shall apply.
24g. A person subject to a record check who is or was employed
25by a child care facility or child care home provider and
26is hired by another child care facility or child care home
27provider shall be subject to a record check in accordance
28with this subsection. However, if the person was subject
29to an evaluation because of a transgression in the person’s
30record and the evaluation determined that the transgression
31did not warrant prohibition of the person’s involvement
32with child care and the latest record checks do not indicate
33there is a transgression that was committed subsequent to
34that evaluation, the person may commence employment with the
35other child care facility or provider in accordance with the
-501-1department’s evaluation and an exemption from any requirements
2for reevaluation of the latest record checks is authorized.
3Authorization of an exemption under this paragraph “g” from
4requirements for reevaluation of the latest record checks by
5the department record check evaluation system is subject to all
6of the following provisions:
7(1) The position with the subsequent employer is
8substantially the same or has the same job responsibilities as
9the position for which the previous evaluation was performed.
10(2) Any restrictions placed on the person’s employment
11in the previous evaluation by the department record check
12evaluation system shall remain applicable in the person’s
13subsequent employment.
14(3) The person subject to the record checks has maintained a
15copy of the previous evaluation and provides the evaluation to
16the subsequent employer or the previous employer provides the
17previous evaluation from the person’s personnel file pursuant
18to the person’s authorization. If a physical copy of the
19previous evaluation is not provided to the subsequent employer,
20the record checks shall be reevaluated.
21(4) Although an exemption under this paragraph “g” may
22be authorized, the subsequent employer may instead request a
23reevaluation of the record checks and may employ the person
24while the reevaluation is being performed.
25h. In an evaluation, the department record check evaluation
26system shall consider the nature and seriousness of the
27transgression in relation to the position sought or held, the
28time elapsed since the commission of the transgression, the
29circumstances under which the transgression was committed,
30the degree of rehabilitation, the likelihood that the person
31will commit the transgression again, and the number of
32transgressions committed by the person involved. In addition
33to record check information, the department record check
34evaluation system may utilize information from the department’s
35 record check evaluation system’s case records in performing the
-502-1evaluation. The department record check evaluation system may
2permit a person who is evaluated to maintain involvement with
3child care, if the person complies with the department’s record
4check evaluation system’s conditions and corrective action plan
5relating to the person’s involvement with child care. The
6department record check evaluation system has final authority
7in determining whether prohibition of the person’s involvement
8with child care is warranted and in developing any conditional
9requirements and corrective action plan under this paragraph.
10i. (1) A person subject to an evaluation shall be
11prohibited from involvement with child care under any of the
12following circumstances:
13(a) The person has a record of founded child abuse or
14dependent adult abuse that was determined to be sexual abuse.
15(b) The person is listed or is required to be listed on
16any state sex offender registry or the national sex offender
17registry.
18(c) The person has committed any of the following
19felony-level offenses:
20(i) Child endangerment or neglect or abandonment of a
21dependent person.
22(ii) Domestic abuse.
23(iii) A crime against a child including but not limited to
24sexual exploitation of a minor.
25(iv) A forcible felony.
26(v) Arson.
27(d) The person has a record of a misdemeanor conviction
28against a child that constitutes one of the following offenses:
29(i) Child abuse.
30(ii) Child endangerment.
31(iii) Sexual assault.
32(iv) Child pornography.
33(2) If, within five years prior to the date of application
34for registration or licensure under this chapter, for
35employment or residence in a child care facility or child care
-503-1home, or for receipt of public funding for providing child
2care, a person subject to an evaluation has been convicted
3of a controlled substance offense or has been found to have
4committed physical abuse, the person shall be prohibited from
5involvement with child care for a period of five years from
6the date of conviction or founded abuse. After the five-year
7prohibition period, the person may submit an application for
8registration or licensure under this chapter, or to receive
9public funding for providing child care, or may request an
10evaluation, and the department record check evaluation system
11 shall perform an evaluation and, based upon the criteria in
12paragraph “h”, shall determine whether prohibition of the
13person’s involvement with child care continues to be warranted.
14j. If the department record check evaluation system
15 determines, through an evaluation of a person’s transgression,
16that the person’s prohibition of involvement with child care is
17warranted, the person shall be prohibited from involvement with
18child care. The department record check evaluation system may
19identify a period of time after which the person may request
20that another record check and evaluation be performed. A
21person who continues involvement with child care in violation
22of this subsection is subject to penalty under section 237A.19
23or injunction under section 237A.20.
24k. If it has been determined that a child receiving child
25care from a child care facility or a child care home is the
26victim of founded child abuse committed by an employee,
27license or registration holder, child care home provider, or
28resident of the child care facility or child care home for
29which a report is placed in the central registry pursuant to
30section 232.71D, the administrator department shall provide
31notification at the time of the determination to the parents,
32guardians, and custodians of children receiving care from the
33child care facility or child care home. A notification made
34under this paragraph shall identify the type of abuse but shall
35not identify the victim or perpetrator or circumstances of the
-504-1founded abuse.
23. On or after July 1, 1994, a A licensee or registrant
3shall inform all new applicants for employment of the
4possibility of the performance of a record check and shall
5obtain, from the applicant, a signed acknowledgment of the
6receipt of the information.
74. On or after July 1, 1994, a A licensee or registrant
8shall include the following inquiry in an application for
9employment:
10Do you have a record of founded child or dependent adult abuse
11or have you ever been convicted of a crime, in this state or any
12other state?
135. A person who serves as an unpaid volunteer in a child
14care facility shall not be required to complete training as a
15mandatory reporter of child abuse under section 232.69 or under
16any other requirement.
17 Sec. 743. Section 237A.6, Code 2023, is amended to read as
18follows:
19237A.6 Consultative services.
20The department shall, and the director of public health
21may provide consultative services to a person applying for
22a license or registration, or licensed or registered by the
23administrator under this chapter.
24 Sec. 744. Section 237A.8, Code 2023, is amended to read as
25follows:
26237A.8 Violations — actions against license or registration.
27The administrator department, after notice and opportunity
28for an evidentiary hearing before the department of inspections
29and appeals, may suspend or revoke a license or certificate of
30registration issued under this chapter or may reduce a license
31to a provisional license if the person to whom a license or
32certificate is issued violates a provision of this chapter or
33if the person makes false reports regarding the operation of
34the child care facility to the administrator or a designee of
35the administrator department. The administrator department
-505-1 shall notify the parent, guardian, or legal custodian of each
2child for whom the person provides child care at the time
3of action to suspend or revoke a license or certificate of
4registration.
5 Sec. 745. Section 237A.12, subsections 3 and 4, Code 2023,
6are amended to read as follows:
73. Rules relating to fire safety for child care centers
8shall be adopted under this chapter by the state fire marshal
9in consultation with the department. Rules adopted by the
10state fire marshal for a building which is owned or leased by a
11school district or accredited nonpublic school and used as a
12child care facility shall not differ from standards adopted by
13the state fire marshal for school buildings under chapter 100.
14Rules relating to sanitation shall be adopted by the department
15in consultation with the director of public health. All rules
16shall be developed in consultation with the state child care
17advisory committee. The state fire marshal shall inspect the
18facilities.
194. If a building is owned or leased by a school district
20or accredited nonpublic school and complies with standards
21adopted by the state fire marshal for school buildings under
22chapter 100, the building is considered appropriate for use by
23a child care facility. The rules adopted by the administrator
24 department under this section shall not require the facility
25to comply with building requirements which differ from
26requirements for use of the building as a school.
27 Sec. 746. Section 237A.14, subsection 4, Code 2023, is
28amended to read as follows:
294. The department of human services shall adopt rules
30pursuant to chapter 17A in accordance with this section.
31 Sec. 747. Section 237A.23, subsection 1, Code 2023, is
32amended to read as follows:
331. The departments department and the department of
34education, public health, and human services shall jointly
35establish a leadership council for child care training and
-506-1development in this state. In addition to representatives of
2the three departments, the leadership council shall include
3but is not limited to representatives of community colleges,
4institutions of higher learning under the state board of
5regents and private institutions of higher education, the
6Iowa cooperative extension service in agriculture and home
7economics, and child care resource and referral service
8agencies.
9 Sec. 748. Section 237A.25, subsection 1, Code 2023, is
10amended to read as follows:
111. The department shall develop consumer information
12material to assist parents in selecting a child care provider.
13In developing the material, the department shall consult with
14department of human services staff, department of education
15staff, the state child care advisory committee, the early
16childhood Iowa state board, and child care resource and
17referral services. In addition, the department may consult
18with other entities at the local, state, and national level.
19 Sec. 749. Section 237A.29, subsection 2, paragraph b,
20unnumbered paragraph 1, Code 2023, is amended to read as
21follows:
22A child care provider that has been found by the department
23of inspections and appeals in an administrative proceeding
24or in a judicial proceeding to have obtained, or has agreed
25to entry of a civil judgment or judgment by confession that
26includes a conclusion of law that the child care provider has
27obtained, by fraudulent means, public funding for provision of
28child care in an amount equal to or in excess of the minimum
29amount for a fraudulent practice in the second degree under
30section 714.10, subsection 1, paragraph “a”, shall be subject
31to sanction in accordance with this subsection. Such child
32care provider shall be subject to a period during which receipt
33of public funding for provision of child care is conditioned
34upon no further violations and to one or more of the following
35sanctions as determined by the department of human services:
-507-1 Sec. 750. Section 237A.30, subsection 1, Code 2023, is
2amended to read as follows:
31. The department shall work with the early childhood Iowa
4office in the department of management program established in
5section 256I.5 and the state child care advisory committee in
6designing and implementing a voluntary quality rating system
7for each provider type of child care facility.
8 Sec. 751. Section 237C.1, Code 2023, is amended to read as
9follows:
10237C.1 Definitions.
11As used in this chapter, unless the context otherwise
12requires:
131. “Administrator” means the administrator of that division
14of the department designated by the director of human services
15to administer this chapter or the administrator’s designee.
162. 1. “Child” or “children” means an individual or
17individuals under eighteen years of age.
183. 2. “Children’s residential facility” means a private
19facility designed to serve children who have been voluntarily
20placed for reasons other than an exclusively recreational
21activity outside of their home by a parent or legal guardian
22and who are not under the custody or authority of the
23department of human services, juvenile court, or another
24governmental agency, that provides twenty-four-hour care,
25including food, lodging, supervision, education, or other care
26on a full-time basis by a person other than a relative or
27guardian of the child, but does not include an entity providing
28any of the following:
29a. Care furnished by an individual who receives the child of
30a personal friend as an occasional and personal guest in the
31individual’s home, free of charge and not as a business.
32b. Care furnished by an individual with whom a child has
33been placed for lawful adoption, unless that adoption is not
34completed within two years after placement.
35c. Child care furnished by a child care facility as defined
-508-1in section 237A.1.
2d. Care furnished in a hospital licensed under chapter
3135B or care furnished in a health care facility as defined in
4section 135C.1.
5e. Care furnished by a juvenile detention home or juvenile
6shelter care home approved under section 232.142.
7f. Care furnished by a child foster care facility licensed
8under chapter 237.
9g. Care furnished by an institution listed in section 218.1.
10h. Care furnished by a facility licensed under chapter 125.
11i. Care furnished by a psychiatric medical institution for
12children licensed under chapter 135H.
134. 3. “Department” means the department of health and human
14services.
154. “Director” means the director of health and human
16services.
17 Sec. 752. Section 237C.3, subsection 1, Code 2023, is
18amended to read as follows:
191. The department of human services shall consult with the
20department of education, and the department of inspections
21and appeals, the department of public health, the state fire
22marshal, and other agencies as determined by the department
23of human services to establish certification standards for
24children’s residential facilities in accordance with this
25chapter.
26 Sec. 753. Section 237C.4, subsection 3, Code 2023, is
27amended to read as follows:
283. Rules governing sanitation, water, and waste disposal
29standards for children’s residential facilities shall be
30adopted by the department of human services in consultation
31with the director of public health.
32 Sec. 754. Section 237C.4, subsection 7, unnumbered
33paragraph 1, Code 2023, is amended to read as follows:
34Prior to establishing, proposing, adopting, or modifying a
35standard or rule under section 237C.3, this section, or section
-509-1282.34, the department of human services or the department of
2education, as applicable, shall, at a minimum, do all of the
3following:
4 Sec. 755. Section 237C.5, Code 2023, is amended to read as
5follows:
6237C.5 Certificate of approval — certification required.
7A person shall not operate a children’s residential facility
8without a certificate of approval to operate issued by the
9administrator department under this chapter.
10 Sec. 756. Section 237C.6, subsections 1 and 3, Code 2023,
11are amended to read as follows:
121. A person shall apply for a certificate to operate a
13children’s residential facility by completing and submitting
14to the administrator department an application in a form
15and format approved by the administrator department. The
16administrator department shall issue or reissue a certificate
17of approval if the administrator department determines that
18the applicant is or upon commencing operation will provide
19children’s residential facility services in compliance with
20this chapter. A certificate of approval is valid for up to one
21year from the date of issuance for the period determined by
22the administrator department in accordance with administrative
23rules providing criteria for making the determination.
243. The administrator department may deny an application
25for issuance or reissuance of a certificate of approval or
26suspend or revoke a certificate of approval if the applicant
27or certificate holder, as applicable, fails to comply with
28this chapter or the rules adopted pursuant to this chapter or
29knowingly makes a false statement concerning a material fact or
30conceals a material fact on the application for the issuance
31or reissuance of a certificate of approval or in a report
32regarding operation of the children’s residential facility
33submitted to the administrator department. All operations of a
34children’s residential facility shall cease during a period of
35suspension or revocation. The administrator department shall
-510-1suspend or revoke a certificate of approval of a children’s
2residential facility that fails to comply with section 282.34.
3 Sec. 757. Section 237C.8, Code 2023, is amended to read as
4follows:
5237C.8 Reports and inspections.
6The administrator department may require submission of
7reports by a certificate of approval holder and shall cause
8at least one annual unannounced inspection of a children’s
9residential facility to assess compliance with applicable
10requirements and standards. The inspections shall be conducted
11by the department of inspections and appeals in addition to
12initial, renewal, and other inspections that result from
13complaints or self-reported incidents. The department of
14inspections and appeals and the department of human services
15 may examine records of a children’s residential facility and
16may inquire into matters concerning the children’s residential
17facility and its employees, volunteers, and subcontractors
18relating to requirements and standards for children’s
19residential facilities under this chapter.
20 Sec. 758. Section 238.1, Code 2023, is amended to read as
21follows:
22238.1 Definitions.
23For the purpose of this chapter unless the context otherwise
24requires:
251. “Administrator” means the administrator of the division
26of child and family services of the department of human
27services.
282. 1. “Child” means the same as defined in section 234.1.
293. 2. “Child-placing agency” or “agency” means any agency,
30whether public, semipublic, or private, which represents that
31the agency places children permanently or temporarily in
32private family homes or receives children for placement in
33private family homes, or which actually engages for gain or
34otherwise in the placement of children in private family homes.
35“Agency” includes individuals, institutions, partnerships,
-511-1voluntary associations, and corporations, other than
2institutions under the management or control of the department.
33. “Council” means the council on health and human services.
44. “Department” means the department of health and human
5services.
65. “Director” means the director of health and human
7services.
84. “Person” or “agency” shall include individuals,
9institutions, partnerships, voluntary associations, and
10corporations, other than institutions under the management or
11control of any division or any administrator of the department
12of human services.
135. “State division” means the same as defined in section
14234.1.
15 Sec. 759. Section 238.3, Code 2023, is amended to read as
16follows:
17238.3 Authority to license.
18The administrator department may grant a license under this
19chapter for the period specified in section 238.9 for the
20conduct operation of any a child-placing agency in this state.
21 Sec. 760. Section 238.4, Code 2023, is amended to read as
22follows:
23238.4 Granting of license conditional.
24No such A license shall not be issued under this chapter
25 unless the person applying shall have shown applicant shows
26 that the person applicant and the person’s applicant’s agents
27are properly equipped by training and experience to find and
28select suitable temporary or permanent homes for children and
29to supervise such the homes when in which the children are
30placed in them, to the end that safeguard the health, morality,
31and general well-being of the children placed by them shall be
32properly safeguarded.
33 Sec. 761. Section 238.5, Code 2023, is amended to read as
34follows:
35238.5 License required.
-512- 1No A person shall conduct not operate a child-placing
2agency or solicit or receive funds for its the support of a
3child-placing agency without an unrevoked license issued by the
4administrator department within the preceding twelve months
5preceding to conduct such agency.
6 Sec. 762. Section 238.6, Code 2023, is amended to read as
7follows:
8238.6 Form of license.
9The license shall state the name of the licensee and the
10particular premises in which the business agency may be carried
11on operated.
12 Sec. 763. Section 238.7, Code 2023, is amended to read as
13follows:
14238.7 Posting of license.
15Such A license shall be kept posted in a conspicuous place on
16the licensed premises.
17 Sec. 764. Section 238.8, Code 2023, is amended to read as
18follows:
19238.8 Record of license.
20A record of the licenses so issued by the department under
21this chapter shall be kept maintained by the administrator
22 department.
23 Sec. 765. Section 238.10, Code 2023, is amended to read as
24follows:
25238.10 Revocation of license.
26The administrator department may, after due notice and
27hearing, revoke the license if any of the following applies:
281. In case the person to whom the same is issued The
29licensee violates any provision of this chapter.
302. When in the opinion of the administrator such the
31 agency is maintained in such a way as to waste or misuse funds
32contributed by the public or without due regard to sanitation
33or hygiene or to the health, comfort, or well-being of the
34child cared for or placed by the agency.
353. In case of violation by the The licensee or the
-513-1licensee’s agents of violate any law of the state in a manner
2disclosing moral turpitude or unfitness to maintain such the
3 agency.
44. In case any such The agency is conducted operated by a
5person of ill repute or bad moral character.
65. In case said The agency operates in persistent violation
7of the reasonable regulations of the administrator governing
8such agencies.
9 Sec. 766. Section 238.11, Code 2023, is amended to read as
10follows:
11238.11 Written charges — findings — notice.
12Written charges against the licensee shall be served upon
13the licensee at least ten days before a hearing shall be had
14thereon on the charges and a written copy of the findings
15and decisions of the administrator upon department following
16the hearing shall be served upon the licensee in the manner
17prescribed for the service of original notice in civil actions.
18 Sec. 767. Section 238.12, Code 2023, is amended to read as
19follows:
20238.12 Appeal — judicial review.
211. Any A licensee feeling aggrieved by any a decision of
22the administrator department revoking the licensee’s license
23may appeal to the council on human services in the manner of
24form prescribed by such the council. The council shall, upon
25receipt of such an appeal, give the licensee reasonable notice
26and opportunity for a fair hearing before such the council
27or its duly authorized representative or representatives.
28Following such the hearing the council on human services shall
29take its final action and notify the licensee in writing.
302. Judicial review of the actions of the council may be
31sought in accordance with the terms of the Iowa administrative
32procedure Act, chapter 17A.
33 Sec. 768. Section 238.16, Code 2023, is amended to read as
34follows:
35238.16 Rules and regulations.
-514- 1It shall be the duty of the administrator to provide such
2 The department shall prescribe general regulations and rules
3for the conduct of all such child-placing agencies as shall be
4 necessary to effect the purposes of this chapter and of all
5other applicable laws of the state relating to children so far
6as the same are applicable, and to safeguard the well-being of
7children placed or cared for by such agencies.
8 Sec. 769. Section 238.17, Code 2023, is amended to read as
9follows:
10238.17 Forms for registration and record — preservation and
11maintenance.
121. The administrator department shall prescribe forms for
13the registration and record of persons children cared for by
14any child-placing agency licensed under this chapter and for
15reports required by said administrator the department from the
16agencies.
172. If, for any reason, a child-placing agency as defined
18by section 238.1 shall cease ceases to exist, all records of
19registration and placement and all other records of any kind
20and character kept maintained by such the child-placing agency
21shall be turned over to the administrator department, for
22preservation, to be kept preserved and maintained by the said
23administrator department as a permanent record.
24 Sec. 770. Section 238.18, Code 2023, is amended to read as
25follows:
26238.18 Duty of licensee.
271. A child-placing agency licensed under this chapter shall
28keep maintain a record and make reports in the form to be
29 prescribed by the administrator department.
302. For a child being placed by the agency, the agency’s
31duties shall include compliance with the requirements of
32section 232.108 relating to visitation or ongoing interaction
33between the child and the child’s siblings.
34 Sec. 771. Section 238.19, Code 2023, is amended to read as
35follows:
-515- 1238.19 Inspection generally.
2Authorized employees of the department of inspections and
3appeals may inspect the premises and conditions of the agency
4at any time, and examine every part of the agency;, and may
5 inquire into all matters concerning the agency and the children
6in the care of the agency.
7 Sec. 772. Section 238.22, Code 2023, is amended to read as
8follows:
9238.22 Licensee to aid inspection.
10The licensees A licensee shall give provide all reasonable
11information to such inspectors authorized under this chapter
12 and afford them the inspectors every reasonable facility means
13 for obtaining pertinent information.
14 Sec. 773. Section 238.24, Code 2023, is amended to read as
15follows:
16238.24 Information confidential — exceptions.
171. Except as authorized by this section, a person who
18acquires under this chapter or from the records provided for in
19this chapter, information relative to any agency, or relative
20to any individual cared for by the agency, or relative to any
21 relative of the individual, shall not directly or indirectly
22disclose the information.
232. Disclosure of information acquired under this chapter
24or from the records provided for in this chapter is authorized
25under any of the following circumstances:
26a. Disclosure made upon inquiry before a court of law,
27or before some other tribunal, or for the information of the
28governor, general assembly, medical examiners, administrator,
29Iowa department of public health director, or the local board
30of health in the jurisdiction where the agency is located.
31b. Disclosure may be made by the administrator director to
32proper persons as may be in the interest of a child cared for by
33the agency or in the interest of the child’s parents or foster
34parents and not inimical to the child, or as may be necessary
35to protect the interests of the child’s prospective foster
-516-1parents. However, disclosure of termination and adoption
2records shall be governed by the provisions of sections 600.16
3and 600.16A.
4c. Disclosure for purposes of statistical analysis performed
5by duly authorized persons of data collected under this chapter
6or the publication of the results of such analysis in such
7manner as will not disclose confidential information.
8 Sec. 774. Section 238.31, Code 2023, is amended to read as
9follows:
10238.31 Inspection of foster homes.
11The administrator department shall be satisfied ensure that
12each licensed child-placing agency is maintaining maintains
13 proper standards in its work, and said administrator may at
14any time cause the child and home in which the child has been
15placed to be visited by the administrator’s director’s agents
16for the purpose of ascertaining whether the home is a suitable
17one for the child, and may continue to visit and inspect the
18foster home and the conditions therein in the foster home as
19they affect said the child.
20 Sec. 775. Section 238.32, Code 2023, is amended to read as
21follows:
22238.32 Authority to agencies.
23Any institution incorporated under the laws of this state
24or maintained for the purpose of caring for, placing out for
25adoption, or otherwise improving the condition of unfortunate
26children may, under the conditions An agency as specified
27in this chapter and when licensed in accordance with the
28provisions of this chapter may do any of the following:
291. Receive children in need of assistance, or delinquent
30 children who are under eighteen years of age, under commitment
31from found to have committed a delinquent act by the juvenile
32court, and control and dispose of them provide for the
33disposition of the children subject to the provisions of
34chapter 232 and chapter 600A.
352. Receive, control, and dispose and provide for the
-517-1disposition of all minor children voluntarily surrendered to
2such institutions the agency.
3 Sec. 776. Section 238.42, Code 2023, is amended to read as
4follows:
5238.42 Agreement in child placements.
6Every An agency placing a child in a foster home shall enter
7into a written agreement with the person taking the child,
8which. The agreement shall provide that the agency placing the
9child shall have access at all reasonable times to such the
10 child and to the home in which the child is living, and for the
11return of the child by the person taking may remove the child
12from the home whenever, in the opinion of the agency placing
13such child, or in the opinion of the administrator department,
14removal is in the best interests of the child shall require it.
15 Sec. 777. Section 238.45, Code 2023, is amended to read as
16follows:
17238.45 Penalty.
18Every A person who violates any of the provisions provision
19 of this chapter or who intentionally shall make makes any false
20statements or reports to the administrator with reference to
21the matters contained herein department relative to a provision
22of this chapter, shall be is guilty of a fraudulent practice.
23 Sec. 778. Section 239A.2, unnumbered paragraph 1, Code
242023, is amended to read as follows:
25The department of workforce development, in consultation
26with the director of health and human services, shall establish
27a procedure for assignment of persons referred under section
28239A.1 to positions available in public works projects. The
29department of workforce development shall arrange with units of
30local government for establishment of such projects, which may
31include any type of work or endeavor that is within the scope
32of authority of the unit of local government involved so long
33as the project meets the following requirements:
34 Sec. 779. Section 239B.1, subsection 4, Code 2023, is
35amended to read as follows:
-518- 14. “Department” means the department of health and human
2services.
3 Sec. 780. Section 239B.1, Code 2023, is amended by adding
4the following new subsection:
5 NEW SUBSECTION. 4A. “Director” means the director of health
6and human services.
7 Sec. 781. Section 239B.2, subsection 6, Code 2023, is
8amended to read as follows:
96. Cooperation with child support requirements. The
10department shall provide for prompt notification of the
11department’s child support recovery unit services if assistance
12is provided to a child whose parent is absent from the home.
13An applicant or participant shall cooperate with the child
14support recovery unit services and the department as provided
15in 42 U.S.C. §608(a)(2) unless the applicant or participant
16qualifies for good cause or other exception as determined
17by the department in accordance with the best interest of
18the child, parent, or specified relative, and with standards
19prescribed by rule. The authorized good cause or other
20exceptions shall include participation in a family investment
21agreement safety plan option to address or prevent family or
22domestic violence and other consideration given to the presence
23of family or domestic violence. If a specified relative with
24whom a child is residing fails to comply with these cooperation
25requirements, a sanction shall be imposed as defined by rule in
26accordance with state and federal law.
27 Sec. 782. Section 239B.8, subsection 6, Code 2023, is
28amended to read as follows:
296. Confidential information disclosure. If approved by
30the director of human services or the director’s designee
31pursuant to a written request, the department shall disclose
32confidential information described in section 217.30,
33subsection 2, to other state agencies or to any other entity
34which is not subject to the provisions of chapter 17A and is
35providing services to a participant family who is subject to
-519-1a family investment agreement, if necessary in order for the
2participant family to receive the services. The department
3shall adopt rules establishing standards for disclosure of
4confidential information if disclosure is necessary in order
5for a participant to receive services.
6 Sec. 783. Section 239B.9, subsection 1, paragraph a, Code
72023, is amended to read as follows:
8a. If a participant responsible for signing and fulfilling
9the terms of a family investment agreement, as defined by the
10director of human services in accordance with section 239B.8,
11chooses not to sign or fulfill the terms of the agreement, the
12participant’s family, or the individual participant shall enter
13into a limited benefit plan. Initial actions in a written
14statement under section 239B.2, subsection 4, which were
15committed to by a participant during the application period
16and which commitment remains in effect, shall be considered to
17be a term of the participant’s family investment agreement.
18A limited benefit plan shall apply for the period of time
19specified in this section. The first month of the limited
20benefit plan is the first month after the month in which timely
21and adequate notice of the limited benefit plan is given to the
22participant as defined by the director of human services. The
23elements of a limited benefit plan shall be specified in the
24department’s rules.
25 Sec. 784. Section 239B.9, subsection 3, paragraphs a and c,
26Code 2023, are amended to read as follows:
27a. A participant who does not establish an orientation
28appointment with the JOBS program or who fails to keep or
29reschedule an orientation appointment shall receive a reminder
30letter which informs the participant that those who do not
31attend orientation have elected to choose a limited benefit
32plan. A participant who chooses not to respond to the reminder
33letter within ten calendar days from the mailing date shall
34receive notice establishing the effective date of the limited
35benefit plan. If a participant is deemed to have chosen a
-520-1limited benefit plan, timely and adequate notice provisions, as
2determined by the director of human services, shall apply.
3c. A participant who has signed a family investment
4agreement but then chooses a limited benefit plan under
5circumstances defined by the director of human services.
6 Sec. 785. Section 239B.12, Code 2023, is amended to read as
7follows:
8239B.12 Immunization.
91. To the extent feasible, the department shall determine
10the immunization status of children receiving assistance under
11this chapter. The status shall be determined in accordance
12with the immunization recommendations adopted by the Iowa
13department of public health under section 139A.8, including the
14exemption provisions in section 139A.8, subsection 4. If the
15department determines a child is not in compliance with the
16immunization recommendations, the department shall refer the
17child’s parent or guardian to a local public health agency for
18immunization services for the child and other members of the
19child’s family.
202. The department of human services shall cooperate with the
21Iowa department of public health to establish an interagency
22agreement allowing the sharing of pertinent client data, as
23permitted under federal law and regulation, for the purposes
24of determining determine immunization rates of participants,
25evaluating evaluate family investment program efforts to
26encourage immunizations, and developing develop strategies to
27further encourage immunization of participants.
28 Sec. 786. Section 239B.16, Code 2023, is amended to read as
29follows:
30239B.16 Appeal — judicial review.
31If an applicant’s application is not acted upon within
32a reasonable time, if it is denied in whole or in part, or
33if a participant’s assistance or other benefits under this
34chapter are modified, suspended, or canceled under a provision
35of this chapter, the applicant or participant may appeal to
-521-1the department of human services which shall request the
2department of inspections and appeals to conduct a hearing.
3Upon completion of a hearing, the department of inspections
4and appeals shall issue a decision which is subject to review
5by the department of human services. Judicial review of the
6actions of the department of human services may be sought in
7accordance with chapter 17A. Upon receipt of a notice of
8the filing of a petition for judicial review, the department
9of human services shall furnish the petitioner with a copy
10of any papers filed in support of the petitioner’s position,
11a transcript of any testimony taken, and a copy of the
12department’s decision.
13 Sec. 787. Section 239B.17, subsection 1, Code 2023, is
14amended to read as follows:
151. Program established. The promoting independence and
16self-sufficiency through employment job opportunities and basic
17skills program is established for applicants and participants
18of the family investment program. The requirements of the
19JOBS program shall vary as provided in the family investment
20agreement applicable to a family. The department of workforce
21development, economic development authority, department of
22education, and all other state, county, and public educational
23agencies and institutions providing vocational rehabilitation,
24adult education, or vocational or technical training shall
25assist and cooperate in the JOBS program. The departments,
26agencies, and institutions shall make agreements and
27arrangements for maximum cooperation and use of all available
28resources in the program. The department of human services
29 may contract with the department of workforce development, the
30economic development authority, or another appropriate entity
31to provide JOBS program services.
32 Sec. 788. Section 241.1, Code 2023, is amended to read as
33follows:
34241.1 Definitions.
35As used in this chapter, unless the context otherwise
-522-1requires:
21. “Department” means the department of health and human
3services.
42. “Director” means the director of health and human
5services.
61. 3. “Displaced homemaker” means an individual who meets
7all of the following criteria:
8a. Has worked principally in the home providing unpaid
9household services for family members.
10b. Is not gainfully employed.
11c. Has had, or would apparently have, difficulty finding
12appropriate paid employment.
13d. Has been dependent on the income of another family
14member but is no longer supported by that income, is or has
15been dependent on government assistance, or is supported as the
16parent of a child who is sixteen or seventeen years of age.
172. “Department” means the department of human services.
183. “Director” means the director of the department of human
19services.
20 Sec. 789. Section 241.3, subsection 2, Code 2023, is amended
21to read as follows:
222. The department shall consult and cooperate with the
23department of workforce development, the United States
24commissioner of social security administration, the office on
25the status of women of the department of human rights, the
26department of education, and other persons in the executive
27branch of the state government as the department considers
28appropriate to facilitate the coordination of multipurpose
29service programs established under this chapter with existing
30programs of a similar nature.
31 Sec. 790. Section 249.1, Code 2023, is amended to read as
32follows:
33249.1 Definitions.
34As used in this chapter:
351. “Council” means the council on health and human services.
-523- 11. 2. “Department” means the department of health and human
2services.
32. 3. “Director” means the director of health and human
4services.
53. 4. “Federal supplemental security income” means cash
6payments made to individuals by the United States government
7under Tit.XVI of the Social Security Act as amended by Pub.L.
8No.92-603, or any other amendments thereto.
94. 5. “Previous categorical assistance programs” means the
10aid to the blind program authorized by chapter 241, the aid to
11the disabled program authorized by chapter 241A and the old-age
12assistance program authorized by chapter 249, Code 1973.
135. 6. “State supplementary assistance” means cash payments
14made to individuals:
15a. By the United States government on behalf of the state of
16Iowa pursuant to section 249.2.
17b. By the state of Iowa directly pursuant to sections 249.3
18through 249.5.
19 Sec. 791. Section 249.4, subsection 1, Code 2023, is amended
20to read as follows:
211. Applications for state supplementary assistance shall be
22made in the form and manner prescribed by the director or the
23director’s designee, with the approval of the council on human
24services, pursuant to chapter 17A. Each person who so applies
25and is found eligible under section 249.3 shall, so long as the
26person’s eligibility continues, receive state supplementary
27assistance on a monthly basis, from funds appropriated to the
28department for the purpose.
29 Sec. 792. Section 249.5, Code 2023, is amended to read as
30follows:
31249.5 Judicial review.
32If an application is not acted upon within a reasonable
33time, if it is denied in whole or in part, or if an award
34of assistance is modified, suspended, or canceled under a
35provision of this chapter, the applicant or recipient may
-524-1appeal to the department of human services, which shall
2request the department of inspections and appeals to conduct
3a hearing. Upon completion of a hearing, the department of
4inspections and appeals shall issue a decision which is subject
5to review by the department of human services. Judicial
6review of the actions of the department of human services
7 may be sought in accordance with chapter 17A. Upon receipt
8of the petition for judicial review, the department of human
9services shall furnish the petitioner with a copy of any
10papers filed by the petitioner in support of the petitioner’s
11position, a transcript of any testimony taken, and a copy of
12the department’s decision.
13 Sec. 793. Section 249.8, Code 2023, is amended to read as
14follows:
15249.8 Cancellation of warrants.
16The director of the department of administrative services,
17as of January, April, July, and October 1 of each year, shall
18stop payment on and issue duplicates of all state supplementary
19assistance warrants which have been outstanding and unredeemed
20by the treasurer of state for six months or longer. No A bond
21of indemnity shall not be required for the issuance of such
22 the duplicate warrants which shall be canceled immediately by
23the director of the department of administrative services. If
24the original warrants are subsequently presented for payment,
25warrants in lieu thereof of the original warrants shall be
26issued by the director of the department of administrative
27services at the discretion of and upon certification by the
28director of human services or the director’s designee.
29 Sec. 794. Section 249.11, subsection 2, Code 2023, is
30amended to read as follows:
312. The department of inspections and appeals shall conduct
32investigations and audits as deemed necessary to ensure
33compliance with state supplementary assistance programs
34administered under this chapter. The department of inspections
35and appeals shall cooperate with the department of human
-525-1services on the development of procedures relating to such
2investigations and audits to ensure compliance with federal and
3state single state agency requirements.
4 Sec. 795. Section 249.12, subsections 1 and 2, Code 2023,
5are amended to read as follows:
61. In order to assure that the necessary data is available
7to aid the general assembly to determine appropriate funding
8for the custodial care program, the department of human
9services shall develop a cost-related system for financial
10supplementation to individuals who need custodial care and who
11have insufficient resources to purchase the care needed.
122. All privately operated licensed custodial facilities in
13Iowa shall cooperate with the department of human services to
14develop the cost-related plan.
15 Sec. 796. Section 249A.2, subsections 1 and 2, Code 2023,
16are amended to read as follows:
171. “Department” means the department of health and human
18services.
192. “Director” means the director of health and human
20services.
21 Sec. 797. Section 249A.4, subsection 10, paragraph c,
22subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
23to read as follows:
24A nursing facility that utilizes the supplementation option
25and receives supplementation under this subsection during any
26calendar year shall report to the department of human services
27 annually, by January 15, the following information for the
28preceding calendar year:
29 Sec. 798. Section 249A.4, subsection 11, Code 2023, is
30amended to read as follows:
3111. Shall provide an opportunity for a fair hearing before
32the department of inspections and appeals to an individual
33whose claim for medical assistance under this chapter is
34denied or is not acted upon with reasonable promptness. Upon
35completion of a hearing, the department of inspections and
-526-1appeals shall issue a decision which is subject to review by
2the department of human services. Judicial review of the
3decisions of the department of human services may be sought in
4accordance with chapter 17A. If a petition for judicial review
5is filed, the department of human services shall furnish the
6petitioner with a copy of the application and all supporting
7papers, a transcript of the testimony taken at the hearing, if
8any, and a copy of its decision.
9 Sec. 799. Section 249A.4B, Code 2023, is amended to read as
10follows:
11249A.4B Medical assistance advisory council.
121. A medical assistance advisory council is created to
13comply with 42 C.F.R. §431.12 based on section 1902(a)(4) of
14the federal Social Security Act and to advise the director
15about health and medical care services under the medical
16assistance program. The council shall meet no more than
17quarterly. The director of director’s designee responsible
18for public health or their designee and a public member of the
19council selected by the public members of the council shall
20serve as co-chairpersons of the council.
212. a. The council shall consist of the following voting
22members:
23(1) Five professional or business entity members selected
24by the entities specified pursuant to subsection 3, paragraph
25“a”.
26(2) Five public members appointed pursuant to subsection 3,
27paragraph “b”. Of the five public members, at least one member
28shall be a recipient of medical assistance.
29b. The council shall include all of the following nonvoting
30members:
31(1) The director of public health, or the director’s
32designee responsible for public health or their designee.
33(2) The director of the department on aging, or the
34director’s designee.
35(3) (2) The long-term care ombudsman, or the long-term care
-527-1ombudsman’s designee.
2(4) (3) The dean of Des Moines university — college of
3 osteopathic medical center medicine, or the dean’s designee.
4(5) (4) The dean of the university of Iowa college of
5medicine, or the dean’s designee.
6(6) (5) A member of the hawk-i Hawki board created in
7section 514I.5, selected by the members of the hawk-i Hawki
8 board.
9(7) (6) The following members of the general assembly, each
10for a term of two years as provided in section 69.16B:
11(a) Two members of the house of representatives, one
12appointed by the speaker of the house of representatives
13and one appointed by the minority leader of the house of
14representatives from their respective parties.
15(b) Two members of the senate, one appointed by the
16president of the senate after consultation with the majority
17leader of the senate and one appointed by the minority leader
18of the senate.
193. The voting membership of the council shall be selected
20or appointed as follows:
21a. The five professional or business entity members shall
22be selected by the entities specified under this paragraph
23“a”. The five professional or business entity members selected
24shall be the president, or the president’s representative,
25of the professional or business entity, or a member of the
26professional or business entity, designated by the entity.
27(1) The Iowa medical society.
28(2) The Iowa osteopathic medical association.
29(3) The Iowa academy of family physicians.
30(4) The Iowa chapter of the American academy of pediatrics.
31(5) The Iowa physical therapy association.
32(6) The Iowa dental association.
33(7) The Iowa nurses association.
34(8) The Iowa pharmacy association.
35(9) The Iowa podiatric medical society.
-528- 1(10) The Iowa optometric association.
2(11) The Iowa association of community providers.
3(12) The Iowa psychological association.
4(13) The Iowa psychiatric society.
5(14) The Iowa chapter of the national association of social
6workers.
7(15) The coalition for family and children’s services in
8Iowa.
9(16) The Iowa hospital association.
10(17) The Iowa association of rural health clinics.
11(18) The Iowa primary care association.
12(19) Free clinics of Iowa.
13(20) The opticians’ association of Iowa, inc.
14(21) The Iowa association of hearing health professionals.
15(22) The Iowa speech and hearing association.
16(23) The Iowa health care association.
17(24) The Iowa association of area agencies on aging.
18(25) AARP.
19(26) The Iowa caregivers association.
20(27) Leading age Iowa.
21(28) The Iowa association for home care.
22(29) The Iowa council of health care centers.
23(30) The Iowa physician assistant society.
24(31) The Iowa association of nurse practitioners.
25(32) The Iowa nurse practitioner society.
26(33) The Iowa occupational therapy association.
27(34) The ARC of Iowa, formerly known as the association for
28retarded citizens of Iowa.
29(35) The national alliance on mental illness.
30(36) The Iowa state association of counties.
31(37) The Iowa developmental disabilities council.
32(38) The Iowa chiropractic society.
33(39) The Iowa academy of nutrition and dietetics.
34(40) The Iowa behavioral health association.
35(41) The midwest association for medical equipment services
-529-1or an affiliated Iowa organization.
2b. The five public members shall be public representatives
3which may include members of consumer groups, including
4recipients of medical assistance or their families, consumer
5organizations, and others, appointed by the governor for
6staggered terms of two years each, none of whom shall be
7members of, or practitioners of, or have a pecuniary interest
8in any of the professional or business entities specifically
9represented under paragraph “a”.
104. Based upon the deliberations of the council, the council
11shall make recommendations to the director regarding the
12budget, policy, and administration of the medical assistance
13program.
145. For each council meeting, other than those held during
15the time the general assembly is in session, each legislative
16member of the council shall be reimbursed for actual travel
17and other necessary expenses and shall receive a per diem as
18specified in section 7E.6 for each day in attendance, as shall
19the members of the council who are recipients or the family
20members of recipients of medical assistance, regardless of
21whether the general assembly is in session.
226. The department shall provide staff support and
23independent technical assistance to the council.
247. The director shall consider the recommendations offered
25by the council in the director’s preparation of medical
26assistance budget recommendations to the council on health and
27 human services pursuant to section 217.3 and in implementation
28of medical assistance program policies.
29 Sec. 800. Section 249A.11, Code 2023, is amended to read as
30follows:
31249A.11 Payment for patient care segregated.
32A state resource center or mental health institute, upon
33receipt of any payment made under this chapter for the care of
34any patient, shall segregate an amount equal to that portion of
35the payment which is required by law to be made from nonfederal
-530-1funds. The money segregated shall be deposited in the medical
2assistance fund of the department of human services.
3 Sec. 801. Section 249A.12, subsection 5, paragraph b, Code
42023, is amended to read as follows:
5b. The department of human services shall seek federal
6approval to amend the home and community-based services waiver
7for persons with an intellectual disability to include day
8habilitation services. Inclusion of day habilitation services
9in the waiver shall take effect upon receipt of federal
10approval.
11 Sec. 802. Section 249A.15A, subsection 4, Code 2023, is
12amended to read as follows:
134. The department shall adopt rules pursuant to chapter 17A
14entitling alcohol and drug counselors who are certified by the
15nongovernmental Iowa board of substance abuse certification to
16payment for behavioral health services provided to recipients
17of medical assistance, subject to limitations and exclusions
18the department finds necessary on the basis of federal laws and
19regulations.
20 Sec. 803. Section 249A.21, subsection 9, Code 2023, is
21amended to read as follows:
229. The department of human services may procure a sole
23source contract to implement the provisions of this section.
24 Sec. 804. Section 249A.24, subsection 2, unnumbered
25paragraph 1, Code 2023, is amended to read as follows:
26In addition to any other duties prescribed, the commission
27shall make recommendations to the council on health and human
28services regarding strategies to reduce state expenditures
29for prescription drugs under the medical assistance program
30excluding provider reimbursement rates. The commission shall
31make initial recommendations to the council by October 1, 2002.
32 Following approval of any recommendation by the council on
33health and human services, the department shall include the
34approved recommendation in a notice of intended action under
35chapter 17A and shall comply with chapter 17A in adopting
-531-1any rules to implement the recommendation. The department
2shall seek any federal waiver necessary to implement any
3approved recommendation. The strategies to be considered for
4recommendation by the commission shall include at a minimum all
5of the following:
6 Sec. 805. Section 249A.26, subsection 2, paragraph a, Code
72023, is amended to read as follows:
8a. Except as provided for disallowed costs in section
9249A.27, the state shall pay one hundred percent of the
10nonfederal share of the cost of case management provided to
11adults, day treatment, and partial hospitalization provided
12under the medical assistance program for persons with an
13intellectual disability, a developmental disability, or
14chronic mental illness. For purposes of this section, persons
15with mental disorders resulting from Alzheimer’s disease
16or a substance-related substance use disorder shall not be
17considered to be persons with chronic mental illness.
18 Sec. 806. Section 249A.29, Code 2023, is amended to read as
19follows:
20249A.29 Home and community-based services waiver providers
21— records checks.
221. For purposes of this section and section 249A.30 unless
23the context otherwise requires:
24a. “Consumer” means an individual approved by the department
25to receive services under a waiver.
26b. “Provider” means an agency certified by the department to
27provide services under a waiver.
28c. “Waiver” means a home and community-based services waiver
29approved by the federal government and implemented under the
30medical assistance program.
312. If a person is being considered by a provider for
32employment involving direct responsibility for a consumer or
33with access to a consumer when the consumer is alone, and
34if the person has been convicted of a crime or has a record
35of founded child or dependent adult abuse, the record check
-532-1evaluation system of the department shall perform an evaluation
2to determine whether the crime or founded abuse warrants
3prohibition of employment by the provider. The department
4 record check evaluation system shall conduct criminal and child
5and dependent adult abuse records checks of the person in
6this state and may conduct these checks in other states. The
7records checks and evaluations required by this section shall
8be performed in accordance with procedures adopted for this
9purpose by the department.
103. If the department record check evaluation system
11 determines that a person employed by a provider has committed
12a crime or has a record of founded abuse, the department
13 record check evaluation system shall perform an evaluation to
14determine whether prohibition of the person’s employment is
15warranted.
164. In an evaluation, the department record check evaluation
17system shall consider the nature and seriousness of the crime
18or founded abuse in relation to the position sought or held,
19the time elapsed since the commission of the crime or founded
20abuse, the circumstances under which the crime or founded abuse
21was committed, the degree of rehabilitation, the likelihood
22that the person will commit the crime or founded abuse again,
23and the number of crimes or founded abuses committed by the
24person involved. The department record check evaluation
25system may permit a person who is evaluated to be employed
26or to continue to be employed by the provider if the person
27complies with the department’s record check evaluation system’s
28 conditions relating to the employment, which may include
29completion of additional training.
305. If the department record check evaluation system
31 determines that the person has committed a crime or has
32a record of founded abuse which warrants prohibition of
33employment, the person shall not be employed by a provider.
34 Sec. 807. Section 249A.32B, Code 2023, is amended to read
35as follows:
-533- 1249A.32B Early and periodic screening, diagnosis, and
2treatment funding.
3The department of human services, in consultation with
4the Iowa department of public health and the department of
5education, shall continue the program to utilize the early and
6periodic screening, diagnosis, and treatment program funding
7under the medical assistance program, to the extent possible,
8to implement the screening component of the early and periodic
9screening, diagnosis, and treatment program through the
10schools. The department may enter into contracts to utilize
11maternal and child health centers, the public health nursing
12program, or school nurses in implementing this section.
13 Sec. 808. Section 249A.33, subsection 1, Code 2023, is
14amended to read as follows:
151. A pharmaceutical settlement account is created in
16the state treasury under the authority of the department of
17human services. Moneys received from settlements relating
18to provision of pharmaceuticals under the medical assistance
19program shall be deposited in the account.
20 Sec. 809. Section 249A.37, subsection 1, paragraph a, Code
212023, is amended to read as follows:
22a. Provide, with respect to individuals who are eligible
23for or are provided medical assistance under the state’s
24medical assistance state plan, upon the request of the state,
25information to determine during what period the individual or
26the individual’s spouse or dependents may be or may have been
27covered by a health insurer and the nature of the coverage that
28is or was provided by the health insurer, including the name,
29address, and identifying number of the plan, in accordance
30with section 505.25, in a manner prescribed by the department
31of human services or as agreed upon by the department and the
32entity specified in this section.
33 Sec. 810. Section 249A.37, subsection 2, Code 2023, is
34amended to read as follows:
352. The department of human services may adopt rules pursuant
-534-1to chapter 17A as necessary to implement this section. Rules
2governing the exchange of information under this section shall
3be consistent with all laws, regulations, and rules relating
4to the confidentiality or privacy of personal information or
5medical records, including but not limited to the federal
6Health Insurance Portability and Accountability Act of 1996,
7Pub.L. No.104-191, and regulations promulgated in accordance
8with that Act and published in 45 C.F.R. pts.160 – 164.
9 Sec. 811. Section 249A.48, Code 2023, is amended to read as
10follows:
11249A.48 Temporary moratoria.
121. The Iowa Medicaid enterprise program shall impose a
13temporary moratorium on the enrollment of new providers or
14provider types identified by the centers for Medicare and
15Medicaid services of the United States department of health
16and human services as posing an increased risk to the medical
17assistance Medicaid program.
18a. This section shall not be interpreted to require the
19Iowa Medicaid enterprise program to impose a moratorium if the
20Iowa Medicaid enterprise program determines that imposition
21of a temporary moratorium would adversely affect access of
22recipients to medical assistance services.
23b. If the Iowa Medicaid enterprise program makes a
24determination as specified in paragraph “a”, the Iowa Medicaid
25enterprise program shall notify the centers for Medicare and
26Medicaid services of the United States department of health and
27human services in writing.
282. The Iowa Medicaid enterprise program may impose a
29temporary moratorium on the enrollment of new providers, or
30impose numerical caps or other limits that the Iowa Medicaid
31enterprise program and the centers for Medicare and Medicaid
32services identify as having a significant potential for fraud,
33waste, or abuse.
34a. Before implementing the moratorium, caps, or other
35limits, the Iowa Medicaid enterprise program shall determine
-535-1that its action would not adversely impact access by recipients
2to medical assistance Medicaid services.
3b. The Iowa Medicaid enterprise program shall notify, in
4writing, the centers for Medicare and Medicaid services, if the
5Iowa Medicaid enterprise program seeks to impose a moratorium
6under this subsection, including all of the details of the
7moratorium. The Iowa Medicaid enterprise program shall receive
8approval from the centers for Medicare and Medicaid services
9prior to imposing a moratorium under this subsection.
103. a. The Iowa Medicaid enterprise program shall impose any
11moratorium for an initial period of six months.
12b. If the Iowa Medicaid enterprise program determines that
13it is necessary, the Iowa Medicaid enterprise program may
14extend the moratorium in six-month increments. Each time a
15moratorium is extended, the Iowa Medicaid enterprise program
16 shall document, in writing, the necessity for extending the
17moratorium.
18 Sec. 812. Section 249A.50, 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 the medical assistance program administered
23under this chapter. The department of inspections and appeals
24shall cooperate with the department of human services on the
25development of procedures relating to such investigations and
26audits to ensure compliance with federal and state single state
27agency requirements.
28 Sec. 813. Section 249B.1, subsection 4, Code 2023, is
29amended to read as follows:
304. “Department” means the department of health and human
31services.
32 Sec. 814. Section 249F.1, Code 2023, is amended to read as
33follows:
34249F.1 Definitions.
35As used in this chapter, unless the context otherwise
-536-1requires:
21. “Department” means the department of health and human
3services.
41. 2. “Medical assistance” means “mandatory medical
5assistance”, “optional medical assistance”, “discretionary
6medical assistance”, or “Medicare cost sharing” as each is
7defined in section 249A.2 which is provided to an individual
8pursuant to chapter 249A and Tit.XIX of the federal Social
9Security Act.
102. 3. a. “Transfer of assets” means any transfer or
11assignment of a legal or equitable interest in property, as
12defined in section 702.14, from a transferor to a transferee
13for less than fair consideration, made while the transferor
14is receiving medical assistance or within five years prior to
15application for medical assistance by the transferor. Any
16such transfer or assignment is presumed to be made with the
17intent, on the part of the transferee; transferor; or another
18person acting on behalf of a transferor who is an actual or
19implied agent, guardian, attorney-in-fact, or person acting as
20a fiduciary, of enabling the transferor to obtain or maintain
21eligibility for medical assistance or of impacting the recovery
22or payment of a medical assistance debt. This presumption
23is rebuttable only by clear and convincing evidence that
24the transferor’s eligibility or potential eligibility for
25medical assistance or the impact on the recovery or payment
26of a medical assistance debt was no part of the reason of
27the transferee; transferor; or other person acting on behalf
28of a transferor who is an actual or implied agent, guardian,
29attorney-in-fact, or person acting as a fiduciary for making
30or accepting the transfer or assignment. A transfer of assets
31includes a transfer of an interest in the transferor’s home,
32domicile, or land appertaining to such home or domicile
33while the transferor is receiving medical assistance, unless
34otherwise exempt under paragraph “b”.
35b. However, transfer of assets does not include the
-537-1following:
2(1) Transfers to or for the sole benefit of the
3transferor’s spouse, including a transfer to a spouse by an
4institutionalized spouse pursuant to section 1924(f)(1) of the
5federal Social Security Act.
6(2) Transfers to or for the sole benefit of the transferor’s
7child who is blind or has a disability as defined in section
81614 of the federal Social Security Act.
9(3) Transfer of a dwelling, which serves as the transferor’s
10home as defined in 20 C.F.R. §416.1212, to a child of the
11transferor under twenty-one years of age.
12(4) Transfer of a dwelling, which serves as the transferor’s
13home as defined in 20 C.F.R. §416.1212, after the transferor is
14institutionalized, to either of the following:
15(a) A sibling of the transferor who has an equity interest
16in the dwelling and who was residing in the dwelling for a
17period of at least one year immediately prior to the date the
18transferor became institutionalized.
19(b) A child of the transferor who was residing in the
20dwelling for a period of at least two years immediately prior
21to the date the transferor became institutionalized and who
22provided care to the transferor which permitted the transferor
23to reside at the dwelling rather than in an institution or
24facility.
25(5) Transfers of less than two thousand dollars. However,
26all transfers by the same transferor during the five-year
27period prior to application for medical assistance by the
28transferor shall be aggregated. If a transferor transfers
29property to more than one transferee during the five-year
30period prior to application for medical assistance by the
31transferor, the two thousand dollar exemption shall be divided
32equally between the transferees.
33(6) Transfers of assets that would, at the time of the
34transferor’s application for medical assistance, have been
35exempt from consideration as a resource if retained by the
-538-1transferor, pursuant to 42 U.S.C. §1382b(a), as implemented
2by regulations adopted by the secretary of the United States
3department of health and human services, excluding the home and
4land appertaining to the home.
5(7) Transfers to a trust established solely for the benefit
6of the transferor’s child who is blind or permanently and
7totally disabled as defined in the federal Social Security Act,
8section 1614, as codified in 42 U.S.C. §1382c.
9(8) Transfers to a trust established solely for the benefit
10of an individual under sixty-five years of age who is disabled,
11as defined in the federal Social Security Act, section 1614, as
12codified in 42 U.S.C. §1382c.
133. 4. “Transferee” means the person who receives a transfer
14of assets.
154. 5. “Transferor” means the person who makes a transfer
16of assets.
17 Sec. 815. Section 249F.2, Code 2023, is amended to read as
18follows:
19249F.2 Creation of debt.
20A transfer of assets creates a debt due and owing to the
21department of human services from the transferee in an amount
22equal to medical assistance provided to or on behalf of the
23transferor, on or after the date of the transfer of assets, but
24not exceeding the fair market value of the assets at the time
25of the transfer.
26 Sec. 816. Section 249F.3, Code 2023, is amended to read as
27follows:
28249F.3 Notice of debt — failure to respond — hearing —
29order.
301. The department of human services may issue a notice
31establishing and demanding payment of an accrued or accruing
32debt due and owing to the department of human services as
33provided in section 249F.2. The notice shall be sent by
34restricted certified mail as defined in section 618.15, to
35the transferee at the transferee’s last known address. If
-539-1service of the notice is unable to be completed by restricted
2certified mail, the notice shall be served upon the transferee
3in accordance with the rules of civil procedure. The notice
4shall include all of the following:
5a. The amount of medical assistance provided to the
6transferor to date which creates the debt.
7b. A computation of the debt due and owing.
8c. A demand for immediate payment of the debt.
9d. (1) A statement that if the transferee desires to
10discuss the notice, the transferee, within ten days after
11being served, may contact the department of human services and
12request an informal conference.
13(2) A statement that if a conference is requested, the
14transferee has until ten days after the date set for the
15conference or until twenty days after the date of service of
16the original notice, whichever is later, to send a request for
17a hearing to the department of human services.
18(3) A statement that after the holding of the conference,
19the department of human services may issue a new notice to
20be sent to the transferee by first-class mail addressed to
21the transferee at the transferee’s last known address, or if
22applicable, to the transferee’s attorney at the last known
23address of the transferee’s attorney.
24(4) A statement that if the department of human services
25 issues a new notice, the transferee has until ten days after
26the date of mailing of the new notice or until twenty days
27after the date of service of the original notice, whichever is
28later, to send a request for a hearing to the department of
29human services.
30e. A statement that if the transferee objects to all or any
31part of the original notice and no conference is requested, the
32transferee has until twenty days after the date of service of
33the original notice to send a written response setting forth
34any objections and requesting a hearing to the department of
35human services.
-540- 1f. A statement that if a timely written request for a
2hearing is received by the department of human services, the
3transferee has the right to a hearing to be held in district
4court as provided in section 249F.4; and that if no timely
5written request for hearing is received, the department of
6human services will enter an order in accordance with the
7latest notice.
8g. A statement that as soon as the order is entered, the
9property of the transferee is subject to collection action,
10including but not limited to wage withholding, garnishment,
11attachment of a lien, or execution.
12h. A statement that the transferee must notify the
13department of human services of any change of address or
14employment.
15i. A statement that if the transferee has any questions
16concerning the transfer of assets, the transferee should
17contact the department of human services or consult an
18attorney.
19j. Other information as the department of human services
20 finds appropriate.
212. If a timely written request for hearing is received by
22the department of human services, a hearing shall be held in
23district court.
243. If a timely written request for hearing is not received
25by the department of human services, the department may enter
26an order in accordance with the latest notice, and the order
27shall specify all of the following:
28a. The amount to be paid with directions as to the manner
29of payment.
30b. The amount of the debt accrued and accruing in favor of
31the department of human services.
32c. Notice that the property of the transferee is subject
33to collection action, including but not limited to wage
34withholding, garnishment, attachment of a lien, and execution.
354. The transferee shall be sent a copy of the order
-541-1by first-class mail addressed to the transferee at the
2transferee’s last known address, or if applicable, to the
3transferee’s attorney at the last known address of the
4transferee’s attorney. The order is final, and action by the
5department of human services to enforce and collect upon the
6order may be taken from the date of the issuance of the order.
7 Sec. 817. Section 249F.4, subsections 1 and 3, Code 2023,
8are amended to read as follows:
91. If a timely written request for a hearing is received,
10the department of human services shall certify the matter to
11the district court in the county where the transferee resides.
123. The department of human services may also request a
13hearing on its own motion regarding the determination of a
14debt, at any time prior to entry of an administrative order.
15 Sec. 818. Section 249F.5, subsections 1 and 2, Code 2023,
16are amended to read as follows:
171. A true copy of an order entered by the department of
18human services pursuant to this chapter, along with a true
19copy of the return of service, if applicable, may be filed in
20the office of the clerk of the district court in the county
21in which the transferee resides or, if the transferee resides
22in another state, in the office of the district court in the
23county in which the transferor resides.
242. The department of human services order shall be
25presented, ex parte, to the district court for review and
26approval. Unless defects appear on the face of the order or on
27the attachments, the district court shall approve the order.
28The approved order shall have all force, effect, and attributes
29of a docketed order or decree of the district court.
30 Sec. 819. Section 249F.7, Code 2023, is amended to read as
31follows:
32249F.7 Administration.
33As provided in this chapter, the establishment of a debt
34for medical assistance due to transfer of assets shall
35be administered by the department of human services. All
-542-1administrative discretion in the administration of this chapter
2shall be exercised by the department of human services, and any
3state administrative rules implementing or interpreting this
4chapter shall be adopted by the department of human services.
5 Sec. 820. Section 249K.2, Code 2023, is amended to read as
6follows:
7249K.2 Definitions.
8As used in this chapter, unless the context otherwise
9requires:
101. “Complete replacement” means completed construction on
11a new nursing facility to replace an existing licensed and
12certified facility. The replacement facility shall be located
13in the same geographical service area as the facility that is
14replaced and shall have the same number or fewer licensed beds
15than the original facility.
162. “Department” means the department of health and human
17services.
183. “Iowa Medicaid enterprise” means Iowa Medicaid enterprise
19as defined in section 135D.2.
204. 3. “Major renovations” means construction or facility
21improvements to a nursing facility in which the total amount
22expended exceeds seven hundred fifty thousand dollars.
235. 4. “Medical assistance”, or “medical assistance program”,
24or “Medicaid program” means the medical assistance program
25created pursuant to chapter 249A.
266. 5. “New construction” means the construction of a new
27nursing facility which does not replace an existing licensed
28and certified facility and requires the provider to obtain a
29certificate of need pursuant to chapter 135, subchapter VI.
307. 6. “Nondirect care component” means the portion of
31the reimbursement rate under the medical assistance program
32attributable to administrative, environmental, property, and
33support care costs reported on the provider’s financial and
34statistical report.
358. 7. “Nursing facility” means a nursing facility as
-543-1defined in section 135C.1.
29. 8. “Provider” means a current or future owner or
3operator of a nursing facility that provides medical assistance
4program services.
510. 9. “Rate determination letter” means the letter that
6is distributed quarterly by the Iowa Medicaid enterprise
7 program to each nursing facility, which is based on previously
8submitted financial and statistical reports from each nursing
9facility.
10 Sec. 821. Section 249K.3, subsection 2, paragraphs a and e,
11Code 2023, are amended to read as follows:
12a. The provider shall submit a written request for instant
13relief to the Iowa Medicaid enterprise program explaining the
14nature, timing, and goals of the project and the time period
15during which the relief is requested. The written request
16shall clearly state if the provider is also requesting the
17nondirect care limit exception. The written request for
18instant relief shall be submitted no earlier than thirty days
19prior to the placement of the provider’s assets in service.
20The written request for relief shall provide adequate details
21to calculate the estimated value of relief including but not
22limited to the total cost of the project, the estimated annual
23depreciation expenses using generally accepted accounting
24principles, the estimated useful life based upon existing
25medical assistance and Medicare provisions, and a copy of the
26most current depreciation schedule. If interest expenses are
27included, a copy of the general terms of the debt service and
28the estimated annual amount of the interest expenses shall be
29submitted with the written request for relief.
30e. During the period in which instant relief is granted, the
31Iowa Medicaid enterprise program shall recalculate the value of
32the instant relief based on allowable costs and patient days
33reported on the annual financial and statistical report. For
34purposes of calculating the per diem relief, total patient
35days shall be the greater of actual annual patient days or
-544-1eighty-five percent of the facility’s licensed capacity. The
2actual value of relief shall be added to the nondirect care
3component for the relevant period, not to exceed one hundred
4ten percent of the nondirect care median for the relevant
5period or not to exceed one hundred twenty percent of the
6nondirect care median for the relevant period if the nondirect
7care limit exception is requested and granted. The provider’s
8quarterly rates for the relevant period shall be retroactively
9adjusted to reflect the revised nondirect care rate. All
10claims with dates of service from the date that instant relief
11is granted to the date that the instant relief is terminated
12shall be repriced to reflect the actual value of the instant
13relief per diem utilizing a mass adjustment.
14 Sec. 822. Section 249K.5, subsections 1 and 3, Code 2023,
15are amended to read as follows:
161. The Iowa Medicaid enterprise program shall administer
17this chapter. The department of human services shall adopt
18rules, pursuant to chapter 17A, to administer this chapter.
193. In addition to any other factors to be considered in
20determining if a provider is eligible to participate under this
21chapter, the Iowa Medicaid enterprise program shall consider
22all of the following:
23a. The history of the provider’s regulatory compliance.
24b. The historical access to nursing facility services for
25medical assistance program beneficiaries.
26c. The provider’s dedication to and participation in quality
27of care, considering all quality programs in which the provider
28has participated.
29d. The provider’s plans to facilitate person-directed care.
30e. The provider’s plans to facilitate dementia units and
31specialty post-acute services.
32 Sec. 823. Section 249L.2, subsection 1, Code 2023, is
33amended to read as follows:
341. “Department” means the department of health and human
35services.
-545-1 Sec. 824. Section 249M.2, subsection 2, Code 2023, is
2amended to read as follows:
32. “Department” means the department of health and human
4services.
5 Sec. 825. Section 249M.4, subsection 5, paragraph b,
6subparagraph (2), Code 2023, is amended to read as follows:
7(2) The projected expenditures for participating hospitals
8for the fiscal year beginning July 1, 2010, as determined by
9the fiscal management division of the department, plus the
10amount calculated under subparagraph (1).
11 Sec. 826. Section 249N.2, subsections 4, 5, and 14, Code
122023, are amended to read as follows:
134. “Department” means the department of health and human
14services.
155. “Director” means the director of health and human
16services.
1714. “Medical assistance program”, “Medicaid program”, or
18“Medicaid” means the program paying all or part of the costs of
19care and services provided to an individual pursuant to chapter
20249A and Tit.XIX of the federal Social Security Act.
21 Sec. 827. Section 249N.5, subsection 2, paragraph a, Code
222023, is amended to read as follows:
23a. For members whose household income is at or below one
24hundred percent of the federal poverty level, the plan shall be
25administered by the Iowa Medicaid enterprise program consistent
26with program administration applicable to individuals under
27section 249A.3, subsection 1.
28 Sec. 828. Section 251.1, Code 2023, is amended to read as
29follows:
30251.1 Definitions.
31As used in this chapter:
321. “Administrator” means the administrator of the division
33of adult, children, and family services of the department of
34human services.
352. 1. “Division” or “state division” “Department” means
-546-1the division of adult, children, and family services of the
2 department of health and human services.
32. “Director” means the director of health and human
4services.
5 Sec. 829. Section 251.2, Code 2023, is amended to read as
6follows:
7251.2 Administration of emergency relief.
8The state division department, in addition to all other
9powers and duties given it the department by law, shall be is
10 charged with the supervision and administration of all funds
11coming into the hands of received by the state now or hereafter
12provided for emergency relief.
13 Sec. 830. Section 251.3, Code 2023, is amended to read as
14follows:
15251.3 Powers and duties.
16The administrator director shall have the power to do all of
17the following:
181. Appoint such personnel as may be necessary for the
19efficient discharge of the duties imposed upon on the
20administrator in the administration of emergency relief,
21 director and to make such rules and regulations as the
22administrator deems necessary or advisable covering relating
23to the administrator’s director’s activities and those of the
24service area advisory boards created under section 217.43,
25concerning emergency relief.
262. Join and cooperate with the government of the
27United States, or any of its appropriate agencies or
28instrumentalities, in any proper emergency relief activity.
293. Make such reports of budget estimates to the governor
30and to the general assembly as are required by law, or are
31 as necessary and proper to obtain appropriations of funds
32necessary for emergency relief purposes and for all the
33purposes of this chapter.
344. Determine the need for funds in the various counties of
35the state basing such determination upon the amount of money
-547-1needed in the various counties to provide adequate emergency
2 relief, and upon the counties’ financial inability to provide
3such relief from county funds. The administrator director may
4administer said state funds belonging to the state within the
5various counties of the state to supplement local funds as
6needed.
75. Make such reports, obtain and furnish such information
8from time to time as may be required by the governor, by the
9general assembly, or by any other proper appropriate state or
10federal office or agency, state or federal, and make an annual
11report of its the department’s emergency relief activities.
12 Sec. 831. Section 251.4, Code 2023, is amended to read as
13follows:
14251.4 Grants from state funds to counties.
15The state division department may require as a condition
16of making available state assistance available to counties
17for emergency relief purposes, that the county boards of
18supervisors shall establish budgets as needed in respect to the
19relief situation in the counties.
20 Sec. 832. Section 251.5, Code 2023, is amended to read as
21follows:
22251.5 Duties of the service area advisory board.
23A service area The advisory board created in section 217.43
24shall perform the following activities for any county in
25the board’s service area counties represented on the board
26 concerning emergency relief:
271. Cooperate with a county’s board of supervisors in all
28matters pertaining to administration of relief.
292. At the request of a county’s board of supervisors,
30prepare requests for grants of state funds.
313. At the request of a county’s board of supervisors,
32administer county relief funds.
334. In a county receiving grants of state funds upon approval
34of the director of the department of administrative services
35and the county’s board of supervisors, administer both state
-548-1and county relief funds.
25. Perform other duties as may be prescribed by the
3administrator department and a county’s board of supervisors.
4 Sec. 833. Section 251.6, Code 2023, is amended to read as
5follows:
6251.6 County supervisors to determine emergency relief and
7work projects.
8The county board of supervisors shall supervise
9administration of emergency relief, and shall determine the
10minimum amount of relief required for each person or family,
11which persons are employable, and whether and under what
12conditions persons receiving emergency relief may be employed
13by the county.
14 Sec. 834. Section 251.7, Code 2023, is amended to read as
15follows:
16251.7 County appointees to act as executive officers.
17The county board of supervisors may appoint an individual a
18person to serve as the executive officer of the service area
19 advisory board in all matters pertaining to relief for that
20county.
21 Sec. 835. Section 252.26, Code 2023, is amended to read as
22follows:
23252.26 General assistance director.
24The board of supervisors in each county shall appoint or
25designate a general assistance director for the county, who
26shall have the powers and duties conferred by this chapter.
27In counties of one hundred thousand or less population, the
28county board may designate as general assistance director an
29employee of the state department of health and human services
30who is assigned to work in that county and is directed by the
31director of health and human services, pursuant to an agreement
32with the county board, to exercise the functions and duties
33of general assistance director in that county. The general
34assistance director shall receive as compensation an amount to
35be determined by the county board.
-549-1 Sec. 836. Section 252.33, Code 2023, is amended to read as
2follows:
3252.33 Application for assistance.
4A person may make application for assistance to a member
5of the board of supervisors, or to the general assistance
6director of the county where the person is. If application
7is made to the general assistance director and that officer
8is satisfied that the applicant is in a state of want which
9requires assistance at the public expense, the general
10assistance director may afford temporary assistance, subject to
11the approval of the board of supervisors, as the necessities
12of the person require and shall immediately report the case to
13the board of supervisors, who may continue or deny assistance,
14as they find cause.
15 Sec. 837. Section 252.37, Code 2023, is amended to read as
16follows:
17252.37 Appeal to supervisors.
18If a poor person, on application to the general assistance
19director, is refused the required assistance, the applicant
20may appeal to the board of supervisors, who, upon examination
21into the matter, may order the general assistance director to
22provide assistance, or who may direct specific assistance.
23 Sec. 838. Section 252A.2, subsections 7 and 8, Code 2023,
24are amended to read as follows:
257. “Petitioner” includes each dependent person for whom
26support is sought in a proceeding instituted pursuant to
27this chapter or a mother or putative father of a dependent.
28However, in an action brought by the child support recovery
29unit services, the state is the petitioner.
308. “Petitioner’s representative” includes counsel of a
31dependent person for whom support is sought and counsel for a
32mother or putative father of a dependent. In an action brought
33by the child support recovery unit services, “petitioner’s
34representative” includes a county attorney, state’s attorney
35and any other public officer, by whatever title the officer’s
-550-1public office may be known, charged by law with the duty of
2instituting, maintaining, or prosecuting a proceeding under
3this chapter or under the laws of the state.
4 Sec. 839. Section 252A.3A, subsections 3, 4, 7, 10, 12, and
513, Code 2023, are amended to read as follows:
63. a. Prior to or at the time of completion of an affidavit
7of paternity, written and oral information about paternity
8establishment, developed by the child support recovery unit
9 services created in section 252B.2, shall be provided to the
10mother and putative father. Video or audio equipment may be
11used to provide oral information.
12b. The information provided shall include a description
13of parental rights and responsibilities, including the duty
14to provide financial support for the child, the benefits of
15establishing paternity, and the alternatives to and legal
16consequences of signing an affidavit of paternity, including
17the rights available if a parent is a minor.
18c. Copies of the written information shall be made
19available by the child support recovery unit services or the
20Iowa department of public health and human services to those
21entities where an affidavit of paternity may be obtained as
22provided under subsection 4.
234. a. The affidavit of paternity form developed and used by
24the Iowa department of public health and human services is the
25only affidavit of paternity form recognized for the purpose of
26establishing paternity under this section. It shall include
27the minimum requirements specified by the secretary of the
28United States department of health and human services pursuant
29to 42 U.S.C. §652(a)(7). A properly completed affidavit of
30paternity form developed by the Iowa department of public
31 health and human services and existing on or after July 1,
321993, but which is superseded by a later affidavit of paternity
33form developed by the Iowa department of public health and
34human services, shall have the same legal effect as a paternity
35affidavit form used by the Iowa department of public health and
-551-1human services on or after July 1, 1997, regardless of the date
2of the filing and registration of the affidavit of paternity,
3unless otherwise required under federal law.
4b. The form shall be available from the state registrar,
5each county registrar, the child support recovery unit
6 services, and any institution in the state.
7c. The Iowa department of public health and human services
8 shall make copies of the form available to the entities
9identified in paragraph “b” for distribution.
107. The state registrar shall make copies of affidavits
11of paternity and identifying information from the affidavits
12filed and registered pursuant to this section available to the
13 child support recovery unit services created under section
14252B.2 in accordance with section 144.13, subsection 4, and any
15subsequent rescission form which rescinds the affidavit.
1610. a. An institution may be reimbursed by the child
17support recovery unit services created in section 252B.2 for
18providing the services described under subsection 9, or may
19provide the services at no cost.
20b. An institution electing reimbursement shall enter into a
21written agreement with the child support recovery unit services
22 for this purpose.
23c. An institution entering into an agreement for
24reimbursement shall assist the parents of a child born out of
25wedlock in completing and filing an affidavit of paternity.
26d. Reimbursement shall be based only on the number of
27affidavits completed in compliance with this section and
28submitted to the state registrar during the duration of
29the written agreement with the child support recovery unit
30 services.
31e. The reimbursement rate is twenty dollars for each
32completed affidavit filed with the state registrar.
3312. a. A completed affidavit of paternity may be rescinded
34by registration by the state registrar of a completed and
35notarized rescission form signed by either the mother or
-552-1putative father who signed the affidavit of paternity that the
2putative father is not the father of the child. The completed
3and notarized rescission form shall be filed with the state
4registrar for the purpose of registration prior to the earlier
5of the following:
6(1) Sixty days after the latest notarized signature of the
7mother or putative father on the affidavit of paternity.
8(2) Entry of a court order pursuant to a proceeding in this
9state to which the signatory is a party relating to the child,
10including a proceeding to establish a support order under this
11chapter, chapter 252C, 252F, 598, or 600B or other law of this
12state.
13b. Unless the state registrar has received and registered an
14order as provided in section 252A.3, subsection 10, paragraph
15“a”, which legally establishes paternity, upon registration
16of a timely rescission form the state registrar shall remove
17the father’s information from the certificate of birth, and
18shall send a written notice of the rescission to the last known
19address of the signatory of the affidavit of paternity who did
20not sign the rescission form.
21c. The Iowa department of public health and human services
22 shall develop a rescission form and an administrative process
23for rescission. The form shall be the only rescission form
24recognized for the purpose of rescinding a completed affidavit
25of paternity. A completed rescission form shall include the
26signature of a notary public attesting to the identity of
27the party signing the rescission form. The Iowa department
28of public health and human services shall adopt rules which
29establish a fee, based upon the average administrative cost, to
30be collected for the registration of a rescission.
31d. If an affidavit of paternity has been rescinded under
32this subsection, the state registrar shall not register any
33subsequent affidavit of paternity signed by the same mother and
34putative father relating to the same child.
3513. The child Child support recovery unit services may
-553-1enter into a written agreement with an entity designated by the
2secretary of the United States department of health and human
3services to offer voluntary paternity establishment services.
4a. The agreement shall comply with federal requirements
5pursuant to 42 U.S.C. §666(a)(5)(C) including those regarding
6notice, materials, training, and evaluations.
7b. The agreement may provide for reimbursement of the entity
8by the state if reimbursement is permitted by federal law.
9 Sec. 840. Section 252A.5, subsections 2 and 3, Code 2023,
10are amended to read as follows:
112. Whenever the state or a political subdivision thereof of
12the state furnishes support to a dependent, it the political
13subdivision of the state has the same right through proceedings
14instituted by the petitioner’s representative to invoke
15the provisions hereof of this section as the dependent to
16whom the support was furnished, for the purpose of securing
17reimbursement of expenditures so made and of obtaining
18continuing support; the petition in such case may be verified
19by any official having knowledge of such expenditures without
20further verification of any person and consent of the dependent
21shall not be required in order to institute proceedings under
22this chapter. The child Child support recovery unit services
23 may bring the action based upon a statement of a witness,
24regardless of age, with knowledge of the circumstances,
25including, but not limited to, statements by the mother of the
26dependent or a relative of the mother or the putative father.
273. If the child support recovery unit services is providing
28services, the unit child support services has the same right
29to invoke the provisions of this section as the dependent for
30which support is owed for the purpose of securing support. The
31petition in such case may be verified by any official having
32knowledge of the request for services by the unit child support
33services, without further verification by any other person,
34and consent of the dependent shall not be required in order
35to institute proceedings under this chapter. The child Child
-554-1 support recovery unit services may bring the action based upon
2the statement of a witness, regardless of age, with knowledge
3of the circumstances, including, but not limited to, statements
4by the mother of the dependent or a relative of the mother or
5the putative father.
6 Sec. 841. Section 252A.13, subsections 1 and 3, Code 2023,
7are amended to read as follows:
81. If public assistance is provided by the department of
9health and human services to or on behalf of a dependent child
10or a dependent child’s caretaker, there is an assignment by
11operation of law to the department of any and all rights in,
12title to, and interest in any support obligation, payment, and
13arrearages owed to or on behalf of the child or caretaker not
14to exceed the amount of public assistance paid for or on behalf
15of the child or caretaker as follows:
16a. For family investment program assistance, section 239B.6
17shall apply.
18b. For foster care services, section 234.39 shall apply.
19c. For medical assistance, section 252E.11 shall apply.
203. The clerk shall furnish the department with copies of
21all orders or decrees awarding and temporary domestic abuse
22orders addressing support when the parties are receiving public
23assistance or services are otherwise provided by the child
24support recovery unit services. Unless otherwise specified
25in the order, an equal and proportionate share of any child
26support awarded is presumed to be payable on behalf of each
27child, subject to the order or judgment, for purposes of an
28assignment under this section.
29 Sec. 842. Section 252A.18, Code 2023, is amended to read as
30follows:
31252A.18 Registration of support order — notice.
32Registration of a support order of another state or foreign
33country shall be in accordance with chapter 252K except that,
34with regard to service, promptly upon registration, the clerk
35of the court shall, by restricted certified mail, or the child
-555-1support recovery unit services shall, as provided in section
2252B.26, send to the respondent notice of the registration with
3a copy of the registered support order or the respondent may
4be personally served with the notice and the copy of the order
5in the same manner as original notices are personally served.
6The clerk shall also docket the case and notify the prosecuting
7attorney of the action. The clerk shall maintain a registry of
8all support orders registered pursuant to this section. The
9filing is in equity.
10 Sec. 843. Section 252B.1, Code 2023, is amended to read as
11follows:
12252B.1 Definitions.
13As used in this chapter, unless the context otherwise
14requires:
151. “Absent parent” means the parent who either cannot be
16located or who is located and is not residing with the child
17at the time the support collection or paternity determination
18services provided in sections 252B.5 and 252B.6 are requested
19or commenced.
202. “Child” includes but shall not be limited to a stepchild,
21foster child, or legally adopted child and means a child
22actually or apparently under eighteen years of age or a
23dependent person eighteen years of age or over who is unable
24to maintain the person’s self and is likely to become a public
25charge. “Child” includes “child” as defined in section 239B.1.
263. “Child support agency” means child support agency as
27defined in section 252H.2.
284. “Child support services” means child support services
29created in section 252B.2.
304. 5. “Department” means the department of health and human
31services.
325. 6. “Director” means the director of health and human
33services.
346. 7. “Obligor” means the person legally responsible for
35the support of a child as defined in section 252D.16 or 598.1
-556-1under a support order issued in this state or pursuant to the
2laws of another state or foreign country.
37. 8. “Resident parent” means the parent with whom the
4child is residing at the time the support collection or
5paternity determination services provided in sections 252B.5
6and 252B.6 are requested or commenced.
78. “Unit” means the child support recovery unit created in
8section 252B.2.
9 Sec. 844. Section 252B.2, Code 2023, is amended to read as
10follows:
11252B.2 Unit Child support services established —
12intervention.
13There is created within the department of human services
14a child support recovery unit services for the purpose of
15providing the services required in sections 252B.3 through
16252B.6. The unit Child support services is not required to
17intervene in actions to provide such services.
18 Sec. 845. Section 252B.3, Code 2023, is amended to read as
19follows:
20252B.3 Duty of department to enforce child support —
21cooperation — rules.
221. Upon receipt by the department of an application for
23public assistance on behalf of a child and determination by the
24department that the child is eligible for public assistance and
25that provision of child support services is appropriate, the
26department shall take appropriate action under the provisions
27of this chapter or under other appropriate statutes of this
28state including but not limited to chapters 239B, 252A, 252C,
29252D, 252E, 252F, 252G, 252H, 252I, 252J, 598, and 600B, to
30ensure that the parent or other person responsible for the
31support of the child fulfills the support obligation. The
32department shall also take appropriate action as required by
33federal law upon receiving a request from a child support
34agency for a child receiving public assistance in another
35state.
-557- 12. The department of human services may negotiate a partial
2payment of a support obligation with a parent or other person
3responsible for the support of the child, provided that the
4negotiation and partial payment are consistent with applicable
5federal law and regulation.
63. The department shall adopt rules pursuant to chapter
717A regarding cases in which, under federal law, it is a
8condition of eligibility for an individual who is an applicant
9for or recipient of public assistance to cooperate in good
10faith with the department in establishing the paternity of, or
11in establishing, modifying, or enforcing a support order by
12identifying and locating the parent of the child or enforcing
13rights to support payments. The rules shall include all of the
14following provisions:
15a. As required by the unit child support services, the
16individual shall provide the name of the noncustodial parent
17and additional necessary information, and shall appear at
18interviews, hearings, and legal proceedings.
19b. If paternity is an issue, the individual and child shall
20submit to blood or genetic tests pursuant to a judicial or
21administrative order.
22c. The individual may be requested to sign a voluntary
23affidavit of paternity, after notice of the rights and
24consequences of such an acknowledgment, but shall not be
25required to sign an affidavit or otherwise relinquish the right
26to blood or genetic tests.
27d. The unit Child support services shall promptly notify
28the individual and the appropriate division of the department
29administering the department’s public assistance program
30 programs of each determination by the unit child support
31services of noncooperation of the individual and the reason for
32such determination.
33e. A procedure under which the individual may claim that,
34and the department shall determine whether, the individual has
35sufficient good cause or other exception for not cooperating,
-558-1taking into consideration the best interest of the child.
24. Without need for a court order and notwithstanding
3the requirements of section 598.22A, the support payment
4ordered pursuant to any chapter shall be satisfied as to the
5department, the child, and either parent for the period during
6which the parents are reconciled and are cohabiting, the child
7for whom support is ordered is living in the same residence
8as the parents, and the obligor receives public assistance on
9the obligor’s own behalf for the benefit of the child. The
10department shall implement this subsection as follows:
11a. The unit Child support services shall file a notice of
12satisfaction with the clerk of court.
13b. This subsection shall not apply unless all the children
14for whom support is ordered reside with both parents, except
15that a child may be absent from the home due to a foster care
16placement pursuant to chapter 234 or a comparable law of
17another state or foreign country.
18c. The unit Child support services shall send notice
19by regular mail to the obligor when the provisions of this
20subsection no longer apply. A copy of the notice shall be
21filed with the clerk of court.
22d. This section shall not limit the rights of the parents or
23the department to proceed by other means to suspend, terminate,
24modify, reinstate, or establish support.
255. On or after July 1, 1999, the department shall implement
26a program for the satisfaction of accrued support debts, based
27upon timely payment by the obligor of both current support due
28and any payments due for accrued support debt under a periodic
29payment plan. The unit Child support services shall adopt
30rules pursuant to chapter 17A to establish the criteria and
31procedures for obtaining satisfaction under the program. The
32rules adopted under this subsection shall specify the cases and
33amounts to which the program is applicable, and may provide for
34the establishment of the program as a pilot program.
35 Sec. 846. Section 252B.4, Code 2023, is amended to read as
-559-1follows:
2252B.4 Nonassistance cases.
31. The child support and paternity determination services
4established by the department pursuant to this chapter and
5other appropriate services provided by law including but not
6limited to the provisions of chapters 239B, 252A, 252C, 252D,
7252E, 252F, 598, and 600B shall be made available by the
8unit child support services to an individual not otherwise
9eligible as a public assistance recipient upon application by
10the individual for the services or upon referral as described
11in subsection 4. The application shall be filed with the
12department.
132. The director may collect a fee to cover the costs
14incurred by the department for service of process, genetic
15testing and court costs if the entity providing the service
16charges a fee for the services.
173. Fees collected pursuant to this section shall be
18considered repayment receipts, as defined in section 8.2,
19and shall be used for the purposes of the unit child support
20services. The director or a designee shall keep an accurate
21record of the fees collected and expended.
224. The unit Child support services shall also provide child
23support and paternity determination services and shall respond
24as provided in federal law for an individual not otherwise
25eligible as a public assistance recipient if the unit child
26support services receives a request from any of the following:
27a. A child support agency.
28b. A foreign country as defined in chapter 252K.
29 Sec. 847. Section 252B.5, Code 2023, is amended to read as
30follows:
31252B.5 Services of unit Child support services.
32The child Child support recovery unit services shall provide
33the following services:
341. Assistance in the location of an absent parent or any
35other person who has an obligation to support the child of the
-560-1resident parent.
22. Aid in establishing paternity and securing a court or
3administrative order for support pursuant to chapter 252A,
4252C, 252F, or 600B, or any other chapter providing for
5the establishment of paternity or support. In an action to
6establish support, the resident parent may be a proper party
7defendant for purposes of determining medical support as
8provided in section 252E.1A upon service of notice as provided
9in this chapter and without a court order as provided in the
10rules of civil procedure. The unit’s Child support services’
11 independent cause of action shall not bar a party from seeking
12support in a subsequent proceeding.
133. Aid in enforcing through court or administrative
14proceedings an existing court order for support issued pursuant
15to chapter 252A, 252C, 252F, 598, or 600B, or any other
16chapter under which child or medical support is granted. The
17director may enter into a contract with a private collection
18agency to collect support payments for cases which have been
19identified by the department as difficult collection cases
20if the department determines that this form of collection is
21more cost-effective than departmental collection methods. The
22department shall utilize, to the maximum extent possible,
23every available automated process to collect support payments
24prior to referral of a case to a private collection agency.
25A private collection agency with whom the department enters
26a contract under this subsection shall comply with state and
27federal confidentiality requirements and debt collection laws.
28The director may use a portion of the state share of funds
29collected through this means to pay the costs of any contract
30authorized under this subsection.
314. Assistance to set off against a debtor’s income tax
32refund or rebate any support debt, which is assigned to
33the department of human services or which the child support
34recovery unit services is attempting to collect on behalf of
35any individual not eligible as a public assistance recipient,
-561-1which has accrued through written contract, subrogation, or
2court judgment, and which is in the form of a liquidated sum
3due and owing for the care, support, or maintenance of a child.
4Unless the periodic payment plan provisions for a retroactive
5modification pursuant to section 598.21C apply, the entire
6amount of a judgment for accrued support, notwithstanding
7compliance with a periodic payment plan or regardless of the
8date of entry of the judgment, is due and owing as of the date
9of entry of the judgment and is delinquent for the purposes of
10setoff, including for setoff against a debtor’s federal income
11tax refund or other federal nontax payment. The department
12of human services shall adopt rules pursuant to chapter
1317A necessary to assist the department of administrative
14services in the implementation of the child support setoff as
15established under section 8A.504.
165. a. In order to maximize the amount of any tax refund
17to which an obligor may be entitled and which may be applied
18to child support and medical support obligations, cooperate
19with any volunteer or free income tax assistance programs in
20the state in informing obligors of the availability of the
21programs.
22b. The child Child support recovery unit services shall
23publicize the services of the volunteer or free income tax
24assistance programs by distributing printed materials regarding
25the programs.
266. Determine periodically whether an individual receiving
27unemployment compensation benefits under chapter 96 owes a
28support obligation which is being enforced by the unit child
29support services, and enforce the support obligation through
30court or administrative proceedings to have specified amounts
31withheld from the individual’s unemployment compensation
32benefits.
337. Assistance in obtaining medical support as defined in
34chapter 252E.
358. a. At the request of either parent who is subject to
-562-1the order of support or upon its own initiation, review the
2amount of the support award in accordance with the guidelines
3established pursuant to section 598.21B, and Tit.IV-D of the
4federal Social Security Act, as amended, and take action to
5initiate modification proceedings if the criteria established
6pursuant to this section are met. However, a review of a
7support award is not required if the child support recovery
8unit services determines that such a review would not be in the
9best interest of the child and neither parent has requested
10such review.
11b. The department shall adopt rules setting forth the
12process for review of requests for modification of support
13obligations and the criteria and process for taking action to
14initiate modification proceedings.
159. a. Assistance, in consultation with the department
16of administrative services, in identifying and taking action
17against self-employed individuals as identified by the
18following conditions:
19(1) The individual owes support pursuant to a court or
20administrative order being enforced by the unit child support
21services and is delinquent in an amount equal to or greater
22than the support obligation amount assessed for one month.
23(2) The individual has filed a state income tax return in
24the preceding twelve months.
25(3) The individual has no reported tax withholding amount on
26the most recent state income tax return.
27(4) The individual has failed to enter into or comply with a
28formalized repayment plan with the unit child support services.
29(5) The individual has failed to make either all current
30support payments in accordance with the court or administrative
31order or to make payments against any delinquency in each of
32the preceding twelve months.
33b. The unit Child support services may forward information
34to the department of administrative services as necessary to
35implement this subsection, including but not limited to both
-563-1of the following:
2(1) The name and social security number of the individual.
3(2) Support obligation information in the specific case,
4including the amount of the delinquency.
510. The review and adjustment, modification, or alteration
6of a support order pursuant to chapter 252H upon adoption of
7rules pursuant to chapter 17A and periodic notification, at
8a minimum of once every three years, to parents subject to a
9support order of their rights to these services.
1011. The unit Child support services shall not establish
11orders for spousal support. The unit Child support services
12 shall enforce orders for spousal support only if the spouse is
13the custodial parent of a child for whom the unit child support
14services is also enforcing a child support or medical support
15order.
1612. a. In compliance with federal procedures, periodically
17certify to the secretary of the United States department of
18health and human services, a list of the names of obligors
19determined by the unit child support services to owe delinquent
20support, under a support order as defined in section 252J.1, in
21excess of two thousand five hundred dollars. The certification
22of the delinquent amount owed may be based upon one or more
23support orders being enforced by the unit child support
24services if the delinquent support owed exceeds two thousand
25five hundred dollars. The certification shall include any
26amounts which are delinquent pursuant to the periodic payment
27plan when a modified order has been retroactively applied.
28The certification shall be in a format and shall include any
29supporting documentation required by the secretary.
30b. All of the following shall apply to an action initiated
31by the unit child support services under this subsection:
32(1) The obligor shall be sent a notice by regular mail in
33accordance with federal law and regulations and the notice
34shall remain in effect until support delinquencies have been
35paid in full.
-564- 1(2) The notice shall include all of the following:
2(a) A statement regarding the amount of delinquent support
3owed by the obligor.
4(b) A statement providing information that if the
5delinquency is in excess of two thousand five hundred dollars,
6the United States secretary of state may apply a passport
7sanction by revoking, restricting, limiting, or refusing to
8issue a passport as provided in 42 U.S.C. §652(k).
9(c) Information regarding the procedures for challenging
10the certification by the unit child support services.
11(3) (a) If the obligor chooses to challenge the
12certification, the obligor shall notify the unit child support
13services within the time period specified in the notice to the
14obligor. The obligor shall include any relevant information
15with the challenge.
16(b) A challenge shall be based upon mistake of fact. For
17the purposes of this subsection, “mistake of fact” means a
18mistake in the identity of the obligor or a mistake in the
19amount of the delinquent child support owed if the amount did
20not exceed two thousand five hundred dollars on the date of the
21unit’s child support services’ decision on the challenge.
22(4) Upon timely receipt of the challenge, the unit child
23support services shall review the certification for a mistake
24of fact, or refer the challenge for review to the child support
25agency in the state chosen by the obligor as provided by
26federal law.
27(5) Following the unit’s child support services’ review of
28the certification, the unit child support services shall send
29a written decision to the obligor within ten days of timely
30receipt of the challenge.
31(a) If the unit child support services determines that
32a mistake of fact exists, the unit child support services
33 shall send notification in accordance with federal procedures
34withdrawing the certification for passport sanction.
35(b) If the unit child support services determines that a
-565-1mistake of fact does not exist, the obligor may contest the
2determination within ten days following the issuance of the
3decision by submitting a written request for a contested case
4proceeding pursuant to chapter 17A.
5(6) Following issuance of a final decision under chapter
617A that no mistake of fact exists, the obligor may request a
7hearing before the district court pursuant to chapter 17A. The
8department shall transmit a copy of its record to the district
9court pursuant to chapter 17A. The scope of the review by the
10district court shall be limited to demonstration of a mistake
11of fact. Issues related to visitation, custody, or other
12provisions not related to the support provisions of a support
13order are not grounds for a hearing under this subsection.
14c. Following certification to the secretary, if the
15unit child support services determines that an obligor no
16longer owes delinquent support in excess of two thousand five
17hundred dollars, the unit child support services shall provide
18information and notice as the secretary requires to withdraw
19the certification for passport sanction.
2013. a. Impose an annual fee, which shall be retained from
21support collected on behalf of the obligee, in accordance with
2242 U.S.C.§654(6)(B)(ii). The unit Child support services
23 shall send information regarding the requirements of this
24subsection by regular mail to the last known address of an
25affected obligee, or may include the information for an obligee
26in an application for services signed by the obligee. In
27addition, the unit child support services shall take steps
28necessary regarding the fee to qualify for federal funds in
29conformity with the provisions of Tit.IV-D of the federal
30Social Security Act, including receiving and accounting for
31fee payments, as appropriate, through the collection services
32center created in section 252B.13A.
33b. Fees collected pursuant to this subsection shall be
34considered repayment receipts as defined in section 8.2, and
35shall be used for the purposes of the unit child support
-566-1services. The director shall maintain an accurate record of
2the fees collected and expended under this subsection.
3c. Until such time as a methodology to secure payment of
4the collections fee from the obligor is provided by law, an
5obligee may act pursuant to this paragraph to recover the
6collections fee from the obligor. If the unit child support
7services retains all or a portion of the collections fee
8imposed pursuant to paragraph “a” in a federal fiscal year,
9there is an automatic nonsupport judgment, in an amount equal
10to the amount retained, against the obligor payable to the
11obligee. This paragraph shall serve as constructive notice
12that the fee amount, once retained, is an automatic nonsupport
13judgment against the obligor. The obligee may use any legal
14means, including the lien created by the nonsupport judgment,
15to collect the nonsupport judgment.
16 Sec. 848. Section 252B.6, unnumbered paragraph 1, Code
172023, is amended to read as follows:
18In addition to the services enumerated in section 252B.5,
19the unit child support services may provide the following
20services in the case of a dependent child for whom public
21assistance is being provided:
22 Sec. 849. Section 252B.6, subsection 3, Code 2023, is
23amended to read as follows:
243. Appear on behalf of the state for the purpose of
25facilitating the modification of support awards consistent
26with guidelines established pursuant to section 598.21B,
27and Tit.IV-D of the federal Social Security Act. The unit
28 Child support services shall not otherwise participate in the
29proceeding.
30 Sec. 850. Section 252B.6A, Code 2023, is amended to read as
31follows:
32252B.6A External services.
331. Provided that the action is consistent with applicable
34federal law and regulation, an attorney licensed in this state
35shall receive compensation as provided in this section for
-567-1support collected as the direct result of a judicial proceeding
2maintained by the attorney, if all of the following apply to
3the case:
4a. The unit Child support services is providing services
5under this chapter.
6b. The current support obligation is terminated and only
7arrearages are due under an administrative or court order and
8there has been no payment under the order for at least the
9twelve-month period prior to the provision of notice to the
10unit child support services by the attorney under this section.
11c. Support is assigned to the state based upon cash
12assistance paid under chapter 239B, or its successor.
13d. The attorney has provided written notice to the central
14office of the unit child support services and to the obligee at
15the last known address of the obligee of the intent to initiate
16a specified judicial proceeding, at least thirty days prior to
17initiating the proceeding.
18e. The attorney has provided documentation to the unit child
19support services that the attorney is insured against loss
20caused by the attorney’s legal malpractice or acts or omissions
21of the attorney which result in loss to the state or other
22person.
23f. The collection is received by the collection services
24center within ninety days of provision of the notice to
25the unit child support services. An attorney may provide
26subsequent notices to the unit child support services to extend
27the time for receipt of the collection by subsequent ninety-day
28periods.
292. a. If, prior to February 15, 1998, notice is provided
30pursuant to subsection 1 to initiate a specific judicial
31proceeding, this section shall not apply to the proceeding
32unless the unit child support services consents to the
33proceeding.
34b. (1) If, on or after February 15, 1998, notice is
35provided pursuant to subsection 1 to initiate a specific
-568-1judicial proceeding, this section shall apply to the proceeding
2only if the case is exempt from application of rules adopted
3by the department pursuant to subparagraph (2) which limit
4application of this section.
5(2) The department shall adopt rules which include, but
6are not limited to, exemption from application of this section
7to proceedings based upon, but not limited to, any of the
8following:
9(a) A finding of good cause pursuant to section 252B.3.
10(b) The existence of a support obligation due another state
11based upon public assistance provided by that state.
12(c) The maintaining of another proceeding by an attorney
13under this section for which the unit child support services
14 has not received notice that the proceeding has concluded or
15the ninety-day period during which a collection may be received
16pertaining to the same case has not yet expired.
17(d) The initiation of a seek employment action under section
18252B.21, and the notice from the attorney indicates that the
19attorney intends to pursue a contempt action.
20(e) Any other basis for exemption of a specified proceeding
21designated by rule which relates to collection and enforcement
22actions provided by the unit child support services.
233. The unit Child support services shall issue a response
24to the attorney providing notice within ten days of receipt of
25the notice. The response shall advise the attorney whether the
26case to which the specified judicial proceeding applies meets
27the requirements of this section.
284. For the purposes of this section, a “judicial proceeding”
29means an action to enforce support filed with a court of
30competent jurisdiction in which the court issues an order which
31identifies the amount of the support collection which is a
32direct result of the court proceeding. “Judicial proceedings”
33include but are not limited to those pursuant to chapters
34598, 626, 633, 642, 654, or 684 and also include contempt
35proceedings if the collection payment is identified in the
-569-1court order as the result of such a proceeding. “Judicial
2proceedings” do not include enforcement actions which the unit
3 child support services is required to implement under federal
4law including, but not limited to, income withholding.
55. All of the following are applicable to a collection
6which is the result of a judicial proceeding which meets the
7requirements of this section:
8a. All payments made as the result of a judicial proceeding
9under this section shall be made to the clerk of the district
10court or to the collection services center and shall not be
11made to the attorney. Payments received by the clerk of the
12district court shall be forwarded to the collection services
13center as provided in section 252B.15.
14b. The attorney shall be entitled to receive an amount
15which is equal to twenty-five percent of the support collected
16as the result of the specified judicial proceeding not to
17exceed the amount of the nonfederal share of assigned support
18collected as the result of that proceeding. The amount paid
19under this paragraph is the full amount of compensation due the
20attorney for a proceeding under this section and is in lieu
21of any attorney fees. The court shall not order the obligor
22to pay additional attorney fees. The amount of compensation
23calculated by the unit child support services is subject, upon
24application of the attorney, to judicial review.
25c. Any support collected shall be disbursed in accordance
26with federal requirements and any support due the obligee
27shall be disbursed to the obligee prior to disbursement to the
28attorney as compensation.
29d. The collection services center shall disburse
30compensation due the attorney only from the nonfederal share of
31assigned collections. The collection services center shall not
32disburse any compensation for court costs.
33e. The unit Child support services may delay disbursement
34to the attorney pending the resolution of any timely appeal by
35the obligor or obligee.
-570- 1f. Negotiation of a partial payment or settlement for
2support shall not be made without the approval of the unit
3 child support services and the obligee, as applicable.
46. The attorney initiating a judicial proceeding under this
5section shall notify the unit child support services when the
6judicial proceeding is completed.
77. a. An attorney who initiates a judicial proceeding under
8this section represents the state for the sole and limited
9purpose of collecting support to the extent provided in this
10section.
11b. The attorney is not an employee of the state and has no
12right to any benefit or compensation other than as specified in
13this section.
14c. The state is not liable or subject to suit for any acts
15or omissions resulting in any damages as a consequence of the
16attorney’s acts or omissions under this section.
17d. The attorney shall hold the state harmless from any act
18or omissions of the attorney which may result in any penalties
19or sanctions, including those imposed under federal bankruptcy
20laws, and the state may recover any penalty or sanction imposed
21by offsetting any compensation due the attorney under this
22section for collections received as a result of any judicial
23proceeding initiated under this section.
24e. The attorney initiating a proceeding under this section
25does not represent the obligor.
268. The unit Child support services shall comply with all
27state and federal laws regarding confidentiality. The unit
28 Child support services may release to an attorney who has
29provided notice under this section, information regarding child
30support balances due, to the extent provided under such laws.
319. This section shall not be interpreted to prohibit
32the unit child support services from providing services or
33taking other actions to enforce support as provided under this
34chapter.
35 Sec. 851. Section 252B.7, Code 2023, is amended to read as
-571-1follows:
2252B.7 Legal services.
31. The attorney general may perform the legal services for
4the child support recovery program services and may enforce
5all laws for the recovery of child support from responsible
6relatives. The attorney general may file and prosecute:
7a. Contempt of court proceedings to enforce any order of
8court pertaining to child support.
9b. Cases under chapter 252A, the support of dependents law.
10c. An information charging a violation of section 726.3,
11726.5 or 726.6.
12d. Any other lawful action which will secure collection of
13support for minor children.
142. For the purposes of subsection 1, the attorney general
15has the same power to commence, file and prosecute any action
16or information in the proper jurisdiction, which the county
17attorney could file or prosecute in that jurisdiction. This
18section does not relieve a county attorney from the county
19attorney’s duties, or the attorney general from the supervisory
20power of the attorney general, in the recovery of child
21support.
223. The unit Child support services may contract with
23a county attorney, the attorney general, a clerk of the
24district court, or another person or agency to collect support
25obligations and to administer the child support program
26established services required pursuant to this chapter.
27Notwithstanding section 13.7, the unit child support services
28 may contract with private attorneys for the prosecution of
29civil collection and recovery cases and may pay reasonable
30compensation and expenses to private attorneys for the
31prosecution services provided.
324. An attorney employed by or under contract with the child
33support recovery unit services represents and acts exclusively
34on behalf of the state when providing child support enforcement
35services. An attorney-client relationship does not exist
-572-1between the attorney and an individual party, witness, or
2person other than the state, regardless of the name in which
3the action is brought.
4 Sec. 852. Section 252B.7A, Code 2023, is amended to read as
5follows:
6252B.7A Determining parent’s income.
71. The unit Child support services shall use any of the
8following in determining the amount of the net monthly income
9of a parent for purposes of establishing or modifying a support
10obligation:
11a. Income as identified in a signed statement of the
12parent pursuant to section 252B.9, subsection 1, paragraph
13“b”. If evidence suggests that the statement is incomplete
14or inaccurate, the unit child support services may present
15the evidence to the court in a judicial proceeding or to the
16administrator director in a proceeding under chapter 252C or
17a comparable chapter, and the court or administrator director
18 shall weigh the evidence in setting the support obligation.
19Evidence includes but is not limited to income as established
20under paragraph “c”.
21b. If a sworn statement is not provided by the parent, the
22unit child support services may determine income as established
23under paragraph “c” or “d”.
24c. Income established by any of the following:
25(1) Income verified by an employer or payor of income.
26(2) Income reported to the department of workforce
27development.
28(3) For a public assistance recipient, income as reported to
29the department case worker assigned to the public assistance
30case.
31(4) Other written documentation which identifies income.
32d. By July 1, 1999, the department shall adopt rules for
33imputing income, whenever possible, based on the earning
34capacity of a parent who does not provide income information
35or for whom income information is not available. Until such
-573-1time as the department adopts rules establishing a different
2standard for determining the income of a parent who does not
3provide income information or for whom income information
4is not available, the estimated state median income for a
5one-person family as published annually in the federal register
6for use by the federal office of community services, office of
7energy assistance, for the subsequent federal fiscal year.
8(1) This provision is effective beginning July 1, 1992,
9based upon the information published in the federal register
10dated March 8, 1991.
11(2) The unit Child support services may revise the estimated
12income each October 1. If the estimate is not available or has
13not been published, the unit child support services may revise
14the estimate when it becomes available.
15e. When the income information obtained pursuant to this
16subsection does not include the information necessary to
17determine the net monthly income of the parent, the unit child
18support services may deduct twenty percent from the parent’s
19gross monthly income to arrive at the net monthly income
20figure.
212. The amount of the income determined may be challenged any
22time prior to the entry of a new or modified order for support.
233. If the child support recovery unit services is providing
24services pursuant to this chapter, the court shall use the
25income figure determined pursuant to this section when applying
26the guidelines to determine the amount of support.
274. The department may develop rules as necessary to further
28implement disclosure of financial information of the parties.
29 Sec. 853. Section 252B.7B, Code 2023, is amended to read as
30follows:
31252B.7B Informational materials provided by the unit child
32support services.
331. The unit Child support services shall prepare and make
34available to the public, informational materials which explain
35the unit’s child support services’ procedures including, but
-574-1not limited to, procedures with regard to all of the following:
2a. Accepting applications for services.
3b. Locating individuals.
4c. Establishing paternity.
5d. Establishing support.
6e. Enforcing support.
7f. Modifying, suspending, or reinstating support.
8g. Terminating services.
92. The informational materials shall include general
10information about and descriptions of the processes involved
11relating to the services provided by the unit child support
12services including application for services, fees for services,
13the responsibilities of the recipient of services, resolution
14of disagreements with the unit child support services, rights
15to challenge the actions of the unit child support services,
16and obtaining additional information.
17 Sec. 854. Section 252B.8, Code 2023, is amended to read as
18follows:
19252B.8 Central information center.
20The department shall establish within the unit child support
21services an information and administration coordinating center
22which shall serve as a registry for the receipt of information
23and for answering interstate inquiries concerning absent
24parents and shall coordinate and supervise unit child support
25services’ activities. The information and administration
26coordinating center shall promote cooperation between the
27unit child support services and law enforcement agencies to
28facilitate the effective operation of the unit child support
29services.
30 Sec. 855. Section 252B.9, Code 2023, is amended to read as
31follows:
32252B.9 Information and assistance from others — availability
33of records.
341. a. The director may request from state, county, and
35local agencies information and assistance deemed necessary to
-575-1carry out the provisions of this chapter. State, county, and
2local agencies, officers, and employees shall cooperate with
3the unit child support services and shall on request supply the
4department with available information relative to the absent
5parent, the custodial parent, and any other necessary party,
6notwithstanding any provisions of law making this information
7confidential. The cooperation and information required by this
8subsection shall also be provided when it is requested by a
9child support agency. Information required by this subsection
10includes, but is not limited to, information relative to
11location, income, property holdings, records of licenses as
12defined in section 252J.1, and records concerning the ownership
13and control of corporations, partnerships, and other business
14entities. If the information is maintained in an automated
15database, the unit child support services shall be provided
16automated access.
17b. Parents of a child on whose behalf support enforcement
18services are provided shall provide information regarding
19income, resources, financial circumstances, and property
20holdings to the department for the purpose of establishment,
21modification, or enforcement of a support obligation. The
22department may provide the information to parents of a child
23as needed to implement the requirements of section 598.21B,
24notwithstanding any provisions of law making this information
25confidential.
26c. Notwithstanding any provisions of law making this
27information confidential, all persons, including for-profit,
28nonprofit, and governmental employers, shall, on request,
29promptly supply the unit child support services or a child
30support agency information on the employment, compensation,
31and benefits of any individual employed by such person as
32an employee or contractor with relation to whom the unit
33 child support services or a child support agency is providing
34services.
35d. Notwithstanding any provisions of law making this
-576-1information confidential, the unit child support services may
2subpoena or a child support agency may use the administrative
3subpoena form promulgated by the secretary of the United
4States department of health and human services under 42 U.S.C.
5§652(a)(11)(C), to obtain any of the following:
6(1) Books, papers, records, or information regarding any
7financial or other information relating to a paternity or
8support proceeding.
9(2) Certain records held by public utilities, cable or
10other television companies, cellular telephone companies, and
11internet service providers with respect to individuals who
12owe or are owed support, or against or with respect to whom
13a support obligation is sought, consisting of the names and
14addresses of such individuals and the names and addresses of
15the employers of such individuals, as appearing in customer
16records, and including the cellular telephone numbers of such
17individuals appearing in the customer records of cellular
18telephone companies. If the records are maintained in
19automated databases, the unit child support services shall be
20provided with automated access.
21e. The unit Child support services or a child support agency
22may subpoena information for one or more individuals.
23f. If the unit child support services or a child support
24agency issues a request under paragraph “c”, or a subpoena under
25paragraph “d”, all of the following shall apply:
26(1) The unit Child support services or a child support
27agency may issue a request or subpoena to a person by sending
28it by regular mail. Proof of service may be completed
29according to rule of civil procedure 1.442.
30(2) A person who is not a parent or putative father in a
31paternity or support proceeding, who is issued a request or
32subpoena, shall be provided an opportunity to refuse to comply
33for good cause by filing a request for a conference with the
34unit child support services or a child support agency in the
35manner and within the time specified in rules adopted pursuant
-577-1to subparagraph (7).
2(3) Good cause shall be limited to mistake in the identity
3of the person, or prohibition under federal law to release such
4information.
5(4) After the conference the unit child support services
6 shall issue a notice finding that the person has good cause
7for refusing to comply, or a notice finding that the person
8does not have good cause for failing to comply. If the person
9refuses to comply after issuance of notice finding lack of good
10cause, or refuses to comply and does not request a conference,
11the person is subject to a penalty of one hundred dollars per
12refusal.
13(5) If the person fails to comply with the request or
14subpoena, fails to request a conference, and fails to pay a
15penalty imposed under subparagraph (4), the unit child support
16services may petition the district court to compel the person
17to comply with this paragraph. If the person objects to
18imposition of the penalty, the person may seek judicial review
19by the district court.
20(6) If a parent or putative father fails to comply with a
21subpoena or request for information, the provisions of chapter
22252J shall apply.
23(7) The unit Child support services may adopt rules pursuant
24to chapter 17A to implement this section.
25g. Notwithstanding any provisions of law making this
26information confidential, the unit child support services
27 or a child support agency shall have access to records and
28information held by financial institutions with respect to
29individuals who owe or are owed support, or with respect to
30whom a support obligation is sought including information on
31assets and liabilities. If the records are maintained in
32automated databases, the unit child support services shall
33be provided with automated access. For the purposes of this
34section, “financial institution” means financial institution as
35defined in section 252I.1.
-578- 1h. Notwithstanding any law to the contrary, the unit
2 child support services and a child support agency shall have
3access to any data maintained by the state of Iowa which
4contains information that would aid the agency in locating
5individuals. Such information shall include, but is not
6limited to, driver’s license, motor vehicle, and criminal
7justice information. However, the information does not include
8criminal investigative reports or intelligence files maintained
9by law enforcement. The unit Child support services and a
10 child support agency shall use or disclose the information
11obtained pursuant to this paragraph only in accordance with
12subsection 3. Criminal history records maintained by the
13department of public safety shall be disclosed in accordance
14with chapter 692. The unit Child support services shall also
15have access to the protective order file maintained by the
16department of public safety.
17i. Liability shall not arise under this subsection with
18respect to any disclosure by a person as required by this
19subsection, and no advance notice from the unit child support
20services or a child support agency is required prior to
21requesting information or assistance or issuing a subpoena
22under this subsection.
23j. Notwithstanding any provision of law making this
24information confidential, data provided to the department by an
25insurance carrier under section 505.25 shall also be provided
26to the unit child support services. Provision of data to the
27unit child support services under this paragraph shall not
28require an agreement or modification of an agreement between
29the department and an insurance carrier, but the provisions
30of this section applicable to information received by the
31unit child support services shall apply to the data received
32pursuant to section 505.25 in lieu of any confidentiality,
33privacy, disclosure, use, or other provisions of an agreement
34between the department and an insurance carrier.
352. Notwithstanding other statutory provisions to the
-579-1contrary, including but not limited to chapters 22 and 217, as
2the chapters relate to confidentiality of records maintained by
3the department, the payment records of the collection services
4center maintained under section 252B.13A may be released,
5except when prohibited by federal law or regulation, only as
6follows:
7a. Payment records of the collection services center may
8be released upon request for the administration of a plan or
9program approved for the supplemental nutrition assistance
10program or under Tit.IV, XIX, or XXI of the federal Social
11Security Act, as amended, and as otherwise permitted under Tit.
12IV-D of the federal Social Security Act, as amended. A payment
13record shall not include address or location information.
14b. The department may release details related to payment
15records or provide alternative formats for release of the
16information for the administration of a plan or program under
17Tit.IV-D of the federal Social Security Act, as amended,
18including as follows:
19(1) The unit Child support services or the collection
20services center may provide detail or present the information
21in an alternative format to an individual or to the
22individual’s legal representative if the individual owes or is
23owed a support obligation, to an agency assigned the obligation
24as the result of receipt by a party of public assistance, to an
25agency charged with enforcing child support pursuant to Tit.
26IV-D of the federal Social Security Act, as amended, or to the
27court.
28(2) For support orders entered in Iowa which are being
29enforced by the unit child support services, the unit child
30support services may compile and make available for publication
31a listing of cases in which no payment has been credited to
32an accrued or accruing support obligation during a previous
33three-month period. Each case on the list shall be identified
34only by the name of the support obligor, the address, if known,
35of the support obligor, unless the information pertaining
-580-1to the address of the support obligor is protected through
2confidentiality requirements established by law and has not
3otherwise been verified with the unit child support services,
4the support obligor’s court order docket or case number, the
5county in which the obligor’s support order is filed, the
6collection services center case numbers, and the range within
7which the balance of the support obligor’s delinquency is
8established. The department shall determine dates for the
9release of information, the specific format of the information
10released, and the three-month period used as a basis for
11identifying cases. The department may not release the
12information more than twice annually. In compiling the listing
13of cases, no prior public notice to the obligor is required,
14but the unit child support services may send notice annually
15by mail to the current known address of any individual owing a
16support obligation which is being enforced by the unit child
17support services. The notice shall inform the individual of
18the provisions of this subparagraph. Actions taken pursuant to
19this subparagraph are not subject to review under chapter 17A,
20and the lack of receipt of a notice does not prevent the unit
21 child support services from proceeding in implementing this
22subparagraph.
23(3) The provisions of subparagraph (2) may be applied to
24support obligations entered in another state, at the request
25of a child support agency if the child support agency has
26demonstrated that the provisions of subparagraph (2) are not
27in conflict with the laws of the state where the support
28obligation is entered and the unit child support services is
29enforcing the support obligation.
30(4) Records relating to the administration, collection, and
31enforcement of surcharges pursuant to section 252B.23 which are
32recorded by the unit child support services or a collection
33entity shall be confidential records except that information,
34as necessary for support collection and enforcement, may be
35provided to other governmental agencies, the obligor or the
-581-1resident parent, or a collection entity under contract with
2the unit child support services unless otherwise prohibited
3by the federal law. A collection entity under contract with
4the unit child support services shall use information obtained
5for the sole purpose of fulfilling the duties required under
6the contract, and shall disclose any records obtained by the
7collection entity to the unit child support services for use in
8support establishment and enforcement.
93. Notwithstanding other statutory provisions to the
10contrary, including but not limited to chapters 22 and 217,
11as the chapters relate to the confidentiality of records
12maintained by the department, information recorded by the
13department pursuant to this section or obtained by the unit
14 child support services is confidential and, except when
15prohibited by federal law or regulation, may be used or
16disclosed as provided in subsection 1, paragraphs “b” and “h”,
17and subsection 2, and as follows:
18a. The attorney general may utilize the information
19to secure, modify, or enforce a support obligation of an
20individual.
21b. This subsection shall not permit or require the release
22of information, except to the extent provided in this section.
23c. The unit Child support services may release or disclose
24information as necessary to provide services under section
25252B.5, as provided by chapter 252G, as provided by Tit.IV-D
26of the federal Social Security Act, as amended, or as required
27by federal law.
28d. The unit Child support services may release information
29under section 252B.9A to meet the requirements of Tit.IV-D of
30the federal Social Security Act for parent locator services.
31e. Information may be released if directly connected with
32any of the following:
33(1) The administration of a plan or program approved for
34the supplemental nutrition assistance program or under Tit.IV,
35XIX, or XXI of the federal Social Security Act, as amended.
-582- 1(2) Any investigations, prosecutions, or criminal or civil
2proceeding conducted in connection with the administration of
3any such plan or program.
4(3) Reporting to an appropriate agency or official of
5any such plan or program, information on known or suspected
6instances of physical or mental injury, sexual abuse or
7exploitation, or negligent treatment or maltreatment of a child
8who is the subject of a child support enforcement action under
9circumstances which indicate that the child’s health or welfare
10is threatened.
11f. Information may be released to courts having jurisdiction
12in support proceedings. If a court issues an order, which is
13not entered under section 252B.9A, directing the unit child
14support services to disclose confidential information, the unit
15 child support services may file a motion to quash pursuant to
16this chapter, Tit.IV-D of the federal Social Security Act, or
17other applicable law.
18g. The child Child support recovery unit services may
19release information for the administration of a plan or program
20approved for the supplemental nutrition assistance program or
21under Tit.IV, XIX, or XXI of the federal Social Security Act,
22as amended, specified under subsection 2 or this subsection, to
23the extent the release of information does not interfere with
24the unit child support services meeting its own obligations
25under Tit.IV-D of the federal Social Security Act, as amended,
26and subject to requirements prescribed by the federal office
27of child support enforcement of the United States department
28of health and human services.
29h. For purposes of this subsection, “party” means an absent
30parent, obligor, resident parent, or other necessary party.
31i. If the unit child support services receives notification
32under this paragraph, the unit child support services shall
33notify the federal parent locator service as required by
34federal law that there is reasonable evidence of domestic
35violence or child abuse against a party or a child and that the
-583-1disclosure of information could be harmful to the party or the
2child. The notification to the federal parent locator service
3shall be known as notification of a disclosure risk indicator.
4For purposes of this paragraph, the unit child support services
5 shall notify the federal parent locator service of a disclosure
6risk indicator only if at least one of the following applies:
7(1) The unit Child support services receives notification
8that the department, or comparable agency of another state, has
9made a finding of good cause or other exception as provided in
10section 252B.3, or comparable law of another state.
11(2) The unit Child support services receives and, through
12automation, matches notification from the department of public
13safety or the unit child support services receives notification
14from a court of this or another state, that a court has issued
15a protective order or no-contact order against a party with
16respect to another party or child.
17(3) The unit Child support services receives notification
18that a court has dismissed a petition for specified
19confidential information pursuant to section 252B.9A.
20(4) The unit Child support services receives a copy, regular
21on its face, of a notarized affidavit or a pleading, which was
22signed by and made under oath by a party, under chapter 252K,
23the uniform interstate family support Act, or the comparable
24law of another state, alleging the health, safety, or liberty
25of the party or child would be jeopardized by the disclosure
26of specific identifying information unless a tribunal under
27chapter 252K, the uniform interstate family support Act, or
28the comparable law of another state, ordered the identifying
29information of a party or child be disclosed.
30(5) The unit Child support services receives and, through
31automation, matches notification from the division of child and
32family services of the department, or the unit child support
33services receives notification from a comparable agency of
34another state, of a founded allegation of child abuse, or a
35comparable finding under the law of the other state.
-584- 1(6) The unit Child support services receives notification
2that an individual has an exemption from cooperation with child
3support enforcement under a family investment program safety
4plan which addresses family or domestic violence.
5(7) The unit Child support services receives notification
6that an individual is a certified program participant as
7provided in chapter 9E.
8(8) The unit Child support services receives notification,
9as the result of a request under section 252B.9A, of the
10existence of any finding, order, affidavit, pleading, safety
11plan, certification, or founded allegation referred to in
12subparagraphs (1) through (7) of this paragraph.
13j. The unit Child support services may provide information
14regarding delinquent obligors as provided in 42 U.S.C.
15§666(a)(7) to a consumer reporting agency if all the following
16apply:
17(1) The agency provides the unit child support services with
18satisfactory evidence that it is a consumer reporting agency
19as defined in 15 U.S.C. §1681a(f) and meets all the following
20requirements:
21(a) Compiles and maintains files on consumers on a
22nationwide basis as provided in 15 U.S.C. §1681a(p).
23(b) Participates jointly with other nationwide consumer
24reporting agencies in providing annual free credit reports to
25consumers upon request through a centralized source as required
26by the federal trade commission in 16 C.F.R. §610.2.
27(2) The agency has entered into an agreement with the
28unit child support services regarding receipt and use of the
29information.
304. Nothing in this chapter, chapter 252A, 252C, 252D,
31252E, 252F, 252G, 252H, 252I, 252J, or 252K, or any other
32comparable chapter or law shall preclude the unit child support
33services from exchanging any information, notice, document, or
34certification with any government or private entity, if the
35exchange is not otherwise prohibited by law, through mutually
-585-1agreed upon electronic data transfer rather than through other
2means.
3 Sec. 856. Section 252B.9A, Code 2023, is amended to read as
4follows:
5252B.9A Disclosure of confidential information — authorized
6person — court.
71. A person, except a court or government agency, who
8is an authorized person to receive specified confidential
9information under 42 U.S.C. §653, may submit a written request
10to the unit child support services for disclosure of specified
11confidential information regarding a nonrequesting party. The
12written request shall comply with federal law and regulations,
13including any attestation and any payment to the federal office
14of child support enforcement of the United States department
15of health and human services required by federal law or
16regulation, and shall include a sworn statement attesting to
17the reason why the requester is an authorized person under
1842 U.S.C. §653, including that the requester would use the
19confidential information only for purposes permitted in that
20section.
212. Upon receipt of a request from an authorized person
22which meets all of the requirements under subsection 1, the
23unit child support services shall search available records as
24permitted by law or shall request the information from the
25federal parent locator service as provided in 42 U.S.C. §653.
26a. If the unit child support services locates the specified
27confidential information, the unit child support services shall
28disclose the information to the extent permitted under federal
29law, unless one of the 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
-586-1not 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 a
5notice of the request to the subject of the request by regular
6mail.
7b. If the unit child support services locates the specified
8confidential information, but the unit child support services
9 is prohibited from disclosing confidential information under
10paragraph “a”, the unit child support services shall deny the
11request and notify the requester of the denial in writing.
12Upon receipt of a written notice from the unit child support
13services denying the request, the requester may file a petition
14in district court for an order directing the unit child support
15services to release the requested information to the court as
16provided in subsection 3.
173. A person may file a petition in district court for
18disclosure of specified confidential information. The petition
19shall request that the court direct the unit child support
20services to release specified confidential information to
21the court, that the court make a determination of harm if
22appropriate, and that the court release specified confidential
23information to the petitioner.
24a. The petition shall include a sworn statement attesting
25to the intended use of the information by the petitioner as
26allowed by federal law. Such statement may specify any of the
27following intended uses:
28(1) To establish parentage, or to establish, set the amount
29of, modify, or enforce a child support obligation.
30(2) To make or enforce a child custody or visitation
31determination or order.
32(3) To carry out the duty or authority of the petitioner to
33investigate, enforce, or bring a prosecution with respect to
34the unlawful taking or restraint of a child.
35b. Upon the filing of a petition, the court shall enter an
-587-1order directing the unit child support services to release to
2the court within thirty days specified confidential information
3which the unit child support services would be permitted to
4release under 42 U.S.C. §653 and 42 U.S.C. §663, unless one of
5the following applies:
6(1) There is a notice from the federal parent locator
7service that there is reasonable evidence of domestic violence
8or child abuse pursuant to 42 U.S.C. §653(b)(2).
9(2) The unit Child support services has notified the federal
10parent locator service of a disclosure risk indicator as
11provided in section 252B.9, subsection 3, paragraph “i”, and has
12not removed that notification.
13(3) The unit Child support services receives notice of a
14basis for a disclosure risk indicator listed in section 252B.9,
15subsection 3, paragraph “i”, within twenty days of sending
16notice of the order to the subject of the request by regular
17mail. The unit Child support services shall include in the
18notice to the subject of the request a copy of the court order
19issued under this paragraph.
20c. Upon receipt of the order, the unit child support
21services shall comply as follows:
22(1) If the unit child support services has the specified
23confidential information, and none of the domestic violence,
24child abuse, or disclosure risk indicator provisions of
25paragraph “b” applies, the unit child support services shall
26file the confidential information with the court along with
27a statement that the unit child support services has not
28received any notice that the domestic violence, child abuse, or
29disclosure risk indicator provisions of paragraph “b” apply.
30The unit Child support services shall be granted at least
31thirty days to respond to the order. The court may extend
32the time for the unit child support services to comply. Upon
33receipt by the court of the confidential information under
34this subparagraph, the court may order the release of the
35information to the petitioner.
-588- 1(2) If the unit child support services has the specified
2confidential information, and the domestic violence, child
3abuse, or disclosure risk indicator provision of paragraph “b”
4applies, the unit child support services shall file with the
5court a statement that the domestic violence, child abuse,
6or disclosure risk indicator provision of paragraph “b”
7applies, along with any information the unit child support
8services has received related to the domestic violence, child
9abuse, or disclosure risk indicator. The unit Child support
10services shall be granted at least thirty days to respond to
11the order. The court may extend the time for the unit child
12support services to comply. Upon receipt by the court of
13information from the unit child support services under this
14subparagraph, the court shall make a finding whether disclosure
15of confidential information to any other person could be
16harmful to the nonrequesting party or child. In making the
17finding, the court shall consider any relevant information
18provided by the parent or child, any information provided by
19the unit child support services or by a child support agency,
20any information provided by the petitioner, and any other
21relevant evidence. The unit Child support services or unit’s
22 a child support services’ attorney does not represent any
23individual person in this proceeding.
24(a) If the court finds that disclosure of confidential
25information to any other person could be harmful to the
26nonrequesting party or child, the court shall dismiss the
27petition for disclosure and notify the unit child support
28services to notify the federal parent locator service of a
29disclosure risk indicator.
30(b) If the court does not find that disclosure of specified
31confidential information to any other person could be harmful
32to the nonrequesting party or child, the court shall notify the
33unit child support services to file the specified confidential
34information with the court. Upon receipt by the court of the
35specified confidential information, the court may release the
-589-1information to the petitioner and inform the unit child support
2services to remove the disclosure risk indicator.
3(3) If the unit child support services does not have the
4specified confidential information and cannot obtain the
5information from the federal parent locator service, the unit
6 child support services shall comply with the order by notifying
7the court of the lack of information.
84. The confidential information which may be released by
9the unit child support services to a party under subsection
102, or by the unit child support services to the court under
11subsection 3, shall be limited by the federal Social Security
12Act and other applicable federal law, and the unit child
13support services may use the sworn statement filed pursuant to
14subsection 1 or 3 in applying federal law. Any information
15filed with the court by the unit child support services, when
16certified over the signature of a designated employee, shall
17be considered to be satisfactorily identified and shall be
18admitted as evidence, without requiring third-party foundation
19testimony. Additional proof of the official character of the
20person certifying the document or the authenticity of the
21person’s signature shall not be required.
225. When making a request for confidential information under
23this section, a party or petitioner shall indicate the specific
24information requested.
256. For purposes of this section, “party” means party as
26defined in section 252B.9, subsection 3.
277. The unit Child support services may adopt rules pursuant
28to chapter 17A to prescribe provisions in addition to or in
29lieu of the provisions of this section to comply with federal
30requirements for parent locator services or the safeguarding
31of information.
32 Sec. 857. Section 252B.11, Code 2023, is amended to read as
33follows:
34252B.11 Recovery of costs of collection services.
35The unit Child support services may initiate necessary civil
-590-1proceedings to recover the unit’s child support services’ costs
2of support collection services provided to an individual,
3whether or not the individual is a public assistance recipient,
4from an individual who owes and is able to pay a support
5obligation but willfully fails to pay the obligation. The unit
6 Child support services may seek a lump sum recovery of the
7unit’s child support services’ costs or may seek to recover the
8unit’s child support services’ costs through periodic payments
9which are in addition to periodic support payments. If the
10unit’s child support services’ costs are recovered from an
11individual owing a support obligation, the costs shall not be
12deducted from the amount of support money received from the
13individual. The costs collected pursuant to this section shall
14be retained by the department for use by the unit child support
15services. The director or a designee shall keep an accurate
16record of funds so retained.
17 Sec. 858. Section 252B.13A, Code 2023, is amended to read
18as follows:
19252B.13A Collection services center.
201. The department shall establish within the unit child
21support services a collection services center for the receipt
22and disbursement of support payments as defined in section
23252D.16 or 598.1 as required for orders by section 252B.14.
24For purposes of this section, support payments do not include
25attorney fees, court costs, or property settlements. The
26center may also receive and disburse surcharges as provided in
27section 252B.23.
282. a. The collection services center shall meet the
29requirements for a state disbursement unit pursuant to 42
30U.S.C. §654b, section 252B.14, and this section by October 1,
311999.
32b. Prior to October 1, 1999, the department and the
33judicial branch shall enter into a cooperative agreement for
34implementation of the state disbursement unit requirement. The
35agreement shall include, but is not limited to, provisions for
-591-1all of the following:
2(1) Coordination with the state case registry created in
3section 252B.24.
4(2) The receipt and disbursement of income withholding
5payments for orders not receiving services from the unit child
6support services pursuant to section 252B.14, subsection 4.
7(3) The transmission of information, orders, and documents,
8and access to information.
9(4) Furnishing, upon request, timely information on the
10current status of support payments as provided in 42 U.S.C.
11§654b(b)(4), in a manner consistent with state law.
12(5) The notification of payors of income to direct income
13withholding payments to the collection services center as
14provided in section 252B.14, subsection 4.
15 Sec. 859. Section 252B.14, subsections 2 and 5, Code 2023,
16are amended to read as follows:
172. For support orders being enforced by the child support
18recovery unit services, support payments made pursuant to the
19order shall be directed to and disbursed by the collection
20services center or, as appropriate, a comparable government
21entity in another state as provided in chapter 252K.
225. If the collection services center is receiving and
23disbursing payments pursuant to a support order, but the unit
24 child support services is not providing other services under
25Tit.IV-D of the federal Social Security Act, or if the order
26is not being enforced by the unit child support services,
27the parties to that order are not considered to be receiving
28services under this chapter.
29 Sec. 860. Section 252B.15, subsection 1, Code 2023, is
30amended to read as follows:
311. The collection services center shall notify the clerk
32of the district court of any order for which the child support
33recovery unit services is providing enforcement services. The
34clerk of the district court shall forward any support payment
35made pursuant to the order, along with any support payment
-592-1information, to the collection services center. Unless the
2agreement developed pursuant to section 252B.13A otherwise
3provides, the clerk of the district court shall forward any
4support payment made and any support payment information
5provided through income withholding pursuant to chapter 252D,
6to the collection services center. The collection services
7center shall process and disburse the payment in accordance
8with federal requirements.
9 Sec. 861. Section 252B.16, Code 2023, is amended to read as
10follows:
11252B.16 Transfer of support order processing responsibilities
12— ongoing procedures.
131. For a support order being processed by the clerk of
14the district court, upon notification that the unit child
15support services is providing enforcement services related to
16the order, the clerk of the district court shall immediately
17transfer the responsibility for the disbursement of support
18payments received pursuant to the order to the collection
19services center.
202. The department shall adopt rules pursuant to chapter
2117A to ensure that the affected parties are notified that
22the support payment disbursement responsibilities have been
23transferred to the collection services center from the clerk
24of the district court. The rules shall include a provision
25requiring that a notice shall be sent by regular mail to the
26last known addresses of the obligee and the obligor. The
27issuance of notice to the obligor is the equivalent of a court
28order requiring the obligor to direct payment to the collection
29services center for disbursement.
303. Once the responsibility for receiving and disbursing
31support payments has been transferred from a clerk of the
32district court to the collection services center, the
33responsibility shall remain with the collection services
34center even if the child support recovery unit services is no
35longer providing enforcement services, unless redirected by
-593-1court order. However, the responsibility for receiving and
2disbursing income withholding payments shall not be redirected
3to a clerk of the district court.
44. As provided in sections 252K.307 and 252K.319, the unit
5 child support services may issue and file with the clerk of
6the district court, a notice redirecting support payments to
7a comparable government entity responsible for the processing
8and disbursement of support payments in another state. The
9unit Child support services shall send a copy of the notice by
10regular mail to the last known addresses of the obligor and
11obligee and, where applicable, shall notify the payor of income
12to make payments as specified in the notice. The issuance
13and filing of the notice is the equivalent of a court order
14redirecting support.
15 Sec. 862. Section 252B.17A, Code 2023, is amended to read
16as follows:
17252B.17A Imaging or photographic copies — originals
18destroyed.
191. If the unit child support services, in the regular
20course of business or activity, has recorded or received any
21memorandum, writing, entry, print, document, representation,
22or combination thereof, of any act, transaction, occurrence,
23event, or communication from any source, and in the regular
24course of business has caused any or all of the same to
25be recorded, copied, or reproduced by any photographic,
26photostatic, microfilm, microcard, miniature photographic,
27electronic imaging, electronic data processing, or other
28process which accurately reproduces or forms a durable
29medium for accurately and legibly reproducing an unaltered
30image or reproduction of the original, the original may be
31destroyed. Such reproduction, when satisfactorily identified,
32is as admissible in evidence as the original itself in any
33judicial or administrative proceeding whether the original is
34in existence or not and an enlargement or facsimile of such
35reproduction is likewise admissible in evidence if the original
-594-1recording, copy, or reproduction is in existence and available
2for inspection. The introduction of a reproduced record,
3enlargement, or facsimile, does not preclude admission of the
4original.
52. The electronically imaged, copied, or otherwise
6reproduced record or document maintained or received by the
7unit child support services, when certified over the signature
8of a designated employee of the unit child support services,
9shall be considered to be satisfactorily identified. Certified
10documents are deemed to have been imaged or copied or otherwise
11reproduced accurately and unaltered in the regular course of
12business, and such documents are admissible in any judicial or
13administrative proceeding as evidence. Additional proof of
14the official character of the person certifying the record or
15authenticity of the person’s signature shall not be required.
16Whenever the unit child support services or an employee of the
17unit child support services is served with a summons, subpoena,
18subpoena duces tecum, or order directing production of such
19records, the unit child support services or the employee may
20comply by transmitting a copy of the record certified as
21described above to the district court.
22 Sec. 863. Section 252B.20, Code 2023, is amended to read as
23follows:
24252B.20 Suspension of support — request by mutual consent.
251. If the unit child support services is providing child
26support enforcement services pursuant to this chapter, the
27parents of a dependent child for whom support has been ordered
28pursuant to chapter 252A, 252C, 252F, 598, 600B, or any other
29chapter, may jointly request the assistance of the unit child
30support services in suspending the obligation for support if
31all of the following conditions exist:
32a. The parents have reconciled and are cohabiting, and
33the child for whom support is ordered is living in the same
34residence as the parents, or the child is currently residing
35with the parent who is ordered to pay support. If the basis for
-595-1suspension under this paragraph applies to at least one but not
2all of the children for whom support is ordered, the condition
3of this paragraph is met only if the support order includes a
4step change.
5b. The child for whom support is ordered is not receiving
6public assistance pursuant to chapter 239B, 249A, or a
7comparable law of another state or foreign country, unless the
8person against whom support is ordered is considered to be a
9member of the same household as the child for the purposes of
10public assistance eligibility.
11c. The parents have signed a notarized affidavit attesting
12to the conditions under paragraphs “a” and “b”, have consented
13to suspension of the support order or obligation, and have
14submitted the affidavit to the unit child support services.
15d. No prior request for suspension has been filed with
16the unit child support services under this section and no
17prior request for suspension has been served by the unit child
18support services under section 252B.20A during the two-year
19period preceding the request.
20e. Any other criteria established by rule of the department.
212. Upon receipt of the application for suspension and
22properly executed and notarized affidavit, the unit child
23support services shall review the application and affidavit to
24determine that the necessary criteria have been met. The unit
25 Child support services shall then do one of the following:
26a. Deny the request and notify the parents in writing
27that the application is being denied, providing reasons for
28the denial and notifying the parents of the right to proceed
29through private counsel. Denial of the application is not
30subject to contested case proceedings or further review
31pursuant to chapter 17A.
32b. Approve the request and prepare an order which shall be
33submitted, along with the affidavit, to a judge of a district
34court for approval, suspending the accruing support obligation
35and, if requested by the obligee, and if not prohibited by
-596-1chapter 252K, satisfying the obligation of support due the
2obligee. If the basis for suspension applies to at least one
3but not all of the children for whom support is ordered and the
4support order includes a step change, the unit child support
5services shall prepare an order suspending the accruing support
6obligation for each child to whom the basis for suspension
7applies.
83. An order approved by the court for suspension of an
9accruing support obligation is effective upon the date of
10filing of the suspension order. The satisfaction of an
11obligation of support due the obligee shall be final upon the
12filing of the suspension order. A support obligation which is
13satisfied is not subject to the reinstatement provisions of
14this section.
154. An order suspending an accruing support obligation
16entered by the court pursuant to this section shall be
17considered a temporary order for the period of six months from
18the date of filing of the suspension order. However, the
19six-month period shall not include any time during which an
20application for reinstatement is pending before the court.
215. During the six-month period the unit child support
22services may request that the court reinstate the accruing
23support order or obligation if any of the following conditions
24exist:
25a. Upon application to the unit child support services by
26either parent or other person who has physical custody of the
27child.
28b. Upon the receipt of public assistance benefits, pursuant
29to chapter 239B, 249A, or a comparable law of another state
30or foreign country, by the person entitled to receive support
31and the child on whose behalf support is paid, provided that
32the person owing the support is not considered to be a member
33of the same household as the child for the purposes of public
34assistance eligibility.
356. If a condition under subsection 5 exists, the unit
-597-1 child support services may request that the court reinstate an
2accruing support obligation as follows:
3a. If the basis for the suspension no longer applies to any
4of the children for whom an accruing support obligation was
5suspended, the unit child support services shall request that
6the court reinstate the accruing support obligations for all of
7the children.
8b. If the basis for the suspension continues to apply to
9at least one but not all of the children for whom an accruing
10support obligation was suspended and if the support order
11includes a step change, the unit child support services
12 shall request that the court reinstate the accruing support
13obligation for each child for whom the basis for the suspension
14no longer applies.
157. Upon filing of an application for reinstatement, service
16of the application shall be made either in person or by first
17class mail upon both parents. Within ten days following the
18date of service, the parents may file a written objection with
19the clerk of the district court to the entry of an order for
20reinstatement.
21a. If no objection is filed, the court may enter an order
22reinstating the accruing support obligation without additional
23notice.
24b. If an objection is filed, the clerk of court shall set
25the matter for hearing and send notice of the hearing to both
26parents and the unit child support services.
278. The reinstatement is effective as follows:
28a. For reinstatements initiated under subsection 5,
29paragraph “a”, the date the notices were served on both parents
30pursuant to subsection 7.
31b. For reinstatements initiated under subsection 5,
32paragraph “b”, the date the child began receiving public
33assistance benefits during the suspension of the obligation.
34c. Support which became due during the period of suspension
35but prior to the reinstatement is waived and not due and owing
-598-1unless the parties requested and agreed to the suspension under
2false pretenses.
39. If the order suspending a support obligation has been
4on file with the court for a period exceeding six months as
5computed pursuant to subsection 4, the order becomes final by
6operation of law and terminates the support obligation, and
7thereafter, a party seeking to establish a support obligation
8against either party shall bring a new action for support as
9provided by law.
1010. This section shall not limit the rights of the parents
11or the unit child support services to proceed by other means to
12suspend, terminate, modify, reinstate, or establish support.
1311. This section does not provide for the suspension or
14retroactive modification of support obligations which accrued
15prior to the entry of an order suspending enforcement and
16collection of support pursuant to this section. However, if in
17the application for suspension, an obligee elects to satisfy an
18obligation of accrued support due the obligee, the suspension
19order may satisfy the obligation of accrued support due the
20obligee.
2112. Nothing in this section shall prohibit or limit the
22unit child support services or a party entitled to receive
23support from enforcing and collecting any unpaid or unsatisfied
24support that accrued prior to the suspension of the accruing
25obligation.
2613. For the purposes of chapter 252H, subchapter II,
27regarding the criteria for a review or for a cost-of-living
28alteration under chapter 252H, subchapter IV, if a support
29obligation is terminated or reinstated under this section,
30such termination or reinstatement shall not be considered a
31modification of the support order.
3214. As used in this section, unless the context otherwise
33requires, “step change” means a change designated in a support
34order specifying the amount of the child support obligation
35as the number of children entitled to support under the order
-599-1changes.
215. As specified in this section, if the child for whom
3support is ordered is not receiving public assistance pursuant
4to chapter 239B, 249A, or a comparable law of another state
5or foreign country, upon agreement of the parents, the unit
6 child support services may facilitate the suspension of the
7child support order or obligation if the child is residing
8with a caretaker, who is a natural person, and who has not
9requested the unit child support services to provide services
10under this chapter. The parents and the caretaker shall sign
11a notarized affidavit attesting to the conditions under this
12section, consent to the suspension of the support order or
13obligation, and submit the affidavit to the unit child support
14services. Upon the receipt of public assistance benefits
15pursuant to chapter 239B, 249A, or a comparable law of another
16state or foreign country, by the child on whose behalf support
17is ordered, or upon application to the unit child support
18services by either parent or the caretaker, the unit child
19support services may, within the time periods specified in this
20section, request the reinstatement of the accruing support
21order or obligation pursuant to this section.
2216. The department may adopt all necessary and proper rules
23to administer and interpret this section.
24 Sec. 864. Section 252B.20A, Code 2023, is amended to read
25as follows:
26252B.20A Suspension of support — request by one party.
271. If the unit child support services is providing child
28support enforcement services pursuant to this chapter, the
29obligor who is ordered to pay support for the dependent child
30pursuant to chapter 252A, 252C, or 252F, may request the
31assistance of the unit child support services in suspending
32the obligation for support if all of the following conditions
33exist:
34a. The child is currently residing with the obligor and has
35been for more than sixty consecutive days. If the basis for
-600-1suspension under this paragraph applies to at least one but not
2all of the children for whom support is ordered, the condition
3of this paragraph is met only if the support order includes a
4step change.
5b. There is no order in effect regarding legal custody,
6physical care, visitation, or other parenting time for the
7child.
8c. It is reasonably expected that the basis for suspension
9under this section will continue for not less than six months.
10d. The child for whom support is ordered is not receiving
11public assistance pursuant to chapter 239B, 249A, or a
12comparable law of another state or foreign country, unless the
13obligor is considered to be a member of the same household as
14the child for the purposes of public assistance eligibility.
15e. The obligor has signed a notarized affidavit, provided
16by the unit child support services, attesting to the existence
17of the conditions under paragraphs “a” through “d”, has
18requested suspension of the support order or obligation, and
19has submitted the affidavit to the unit child support services.
20f. No prior request for suspension has been served under
21this section, and no prior request for suspension has been
22filed with the unit child support services pursuant to section
23252B.20, during the two-year period preceding the request.
24g. Any other criteria established by rule of the department.
252. Upon receipt of the application for suspension and
26properly executed and notarized affidavit, the unit child
27support services shall review the application and affidavit
28to determine that the criteria have been met. The unit Child
29support services shall then do one of the following:
30a. If the unit child support services determines the
31criteria have not been met, deny the request and notify the
32obligor in writing that the application is being denied,
33providing reasons for the denial and notifying the obligor of
34the right to proceed through private counsel. Denial of the
35application is not subject to contested case proceedings or
-601-1further review pursuant to chapter 17A.
2b. If the unit child support services determines the
3criteria have been met, serve a copy of the notice and
4supporting documents on the obligee by any means provided in
5section 252B.26. The notice to the obligee shall include all
6of the following:
7(1) Information sufficient to identify the parties and the
8support order affected.
9(2) An explanation of the procedure for suspension and
10reinstatement of support under this section.
11(3) An explanation of the rights and responsibilities of the
12obligee, including the applicable procedural time frames.
13(4) A statement that within twenty days of service, the
14obligee must submit a signed and notarized response to the
15unit child support services objecting to at least one of the
16assertions in subsection 1, paragraphs “a” through “d”. The
17statement shall inform the obligee that if, within twenty days
18of service, the obligee fails to submit a response as specified
19in this subparagraph, notwithstanding rules of civil procedure
201.972(2) and 1.972(3), the unit child support services will
21prepare and submit an order as provided in subsection 3,
22paragraph “b”.
233. No sooner than thirty days after service on the obligee
24under subsection 2, paragraph “b”, the unit child support
25services shall do one of the following:
26a. If the obligee submits a signed and notarized objection
27to any assertion in subsection 1, paragraphs “a” through “d”,
28deny the request and notify the parties in writing that the
29application is denied, providing reasons for the denial, and
30notifying the parties of the right to proceed through private
31counsel. Denial of the application is not subject to contested
32case proceedings or further review pursuant to chapter 17A.
33b. If the obligee does not timely submit a signed and
34notarized objection to the unit child support services, prepare
35an order which shall be submitted, along with supporting
-602-1documents, to a judge of a district court for approval,
2suspending the accruing support obligation. If the basis for
3suspension applies to at least one but not all of the children
4for whom support is ordered and the support order includes a
5step change, the unit child support services shall prepare an
6order suspending the accruing support obligation for each child
7to whom the basis for suspension applies.
84. An order approved by the court for suspension of an
9accruing support obligation is effective upon the date of
10filing of the suspension order.
115. An order suspending an accruing support obligation
12entered by the court pursuant to this section shall be
13considered a temporary order for the period of six months from
14the date of filing of the suspension order. However, the
15six-month period shall not include any time during which an
16application for reinstatement is pending before the court.
176. During the six-month period, the unit child support
18services may request that the court reinstate the accruing
19support order or obligation if any of the following conditions
20exist:
21a. Upon application to the unit child support services by
22either party or other person who has physical custody of the
23child.
24b. Upon the receipt of public assistance benefits pursuant
25to chapter 239B, 249A, or a comparable law of another state
26or foreign country, by the person entitled to receive support
27and the child on whose behalf support is paid, provided that
28the person owing the support is not considered to be a member
29of the same household as the child for the purposes of public
30assistance eligibility.
317. If a condition under subsection 6 exists, the unit
32 child support services may request that the court reinstate an
33accruing support obligation as follows:
34a. If the basis for the suspension no longer applies to any
35of the children for whom an accruing support obligation was
-603-1suspended, the unit child support services shall request that
2the court reinstate the accruing support obligations for all of
3the children.
4b. If the basis for the suspension continues to apply to
5at least one but not all of the children for whom an accruing
6support obligation was suspended and if the support order
7includes a step change, the unit child support services
8 shall request that the court reinstate the accruing support
9obligation for each child for whom the basis for the suspension
10no longer applies.
118. Upon filing of an application for reinstatement, service
12of the application shall be made either in person or by first
13class mail upon the parties. Within ten days following the
14date of service, a party may file a written objection with
15the clerk of the district court to the entry of an order for
16reinstatement.
17a. If no objection is filed, the court may enter an order
18reinstating the accruing support obligation without additional
19notice.
20b. If an objection is filed, the clerk of court shall set
21the matter for hearing and send notice of the hearing to the
22parties and the unit child support services.
239. a. The reinstatement is effective as follows:
24(1) For reinstatements initiated under subsection 6,
25paragraph “a”, the date the notices were served on the parties
26pursuant to subsection 8.
27(2) For reinstatements initiated under subsection 6,
28paragraph “b”, the date the child began receiving public
29assistance benefits during the suspension of the obligation.
30b. Support which became due during the period of suspension
31but prior to the reinstatement is waived and not due and owing
32unless the suspension was made under false pretenses.
3310. If the order suspending a support obligation has been
34on file with the court for a period exceeding six months as
35computed pursuant to subsection 5, the order becomes final by
-604-1operation of law and terminates the support obligation, and
2thereafter, a party seeking to establish a support obligation
3against either party shall bring a new action for support as
4provided by law.
511. Legal representation of the unit child support services
6 shall be provided pursuant to section 252B.7, subsection 4.
712. This section shall not limit the rights of a party or
8the unit child support services to proceed by other means to
9suspend, terminate, modify, reinstate, or establish support.
1013. This section does not provide for the suspension or
11retroactive modification of support obligations which accrued
12prior to the entry of an order suspending enforcement and
13collection of support pursuant to this section.
1414. Nothing in this section shall prohibit or limit the
15unit child support services or a party entitled to receive
16support from enforcing and collecting any unpaid or unsatisfied
17support that accrued prior to the suspension of the accruing
18obligation.
1915. For the purposes of chapter 252H regarding the criteria
20for a review under subchapter II of that chapter or for a
21cost-of-living alteration under subchapter IV of that chapter,
22if a support obligation is terminated or reinstated under
23this section, such termination or reinstatement shall not be
24considered a modification of the support order.
2516. As used in this section, unless the context otherwise
26requires, “step change” means a change designated in a support
27order specifying the amount of the child support obligation
28as the number of children entitled to support under the order
29changes.
3017. As specified in this section, if the child for whom
31support is ordered is not receiving public assistance pursuant
32to chapter 239B, 249A, or a comparable law of another state
33or foreign country, upon request by the obligor, the unit
34 child support services may facilitate the suspension of the
35child support order or obligation if the child is residing
-605-1with a caretaker, who is a natural person, and who has not
2requested the unit child support services to provide services
3under this chapter. The obligor and the caretaker shall sign
4a notarized affidavit attesting to the conditions under this
5section, consent to the suspension of the support order or
6obligation, and submit the affidavit to the unit child support
7services. Upon the receipt of public assistance benefits
8pursuant to chapter 239B, 249A, or a comparable law of another
9state or foreign country, by the child on whose behalf support
10is ordered, or upon application to the unit child support
11services by either party or the caretaker, the unit child
12support services may, within the time periods specified in this
13section, request the reinstatement of the accruing support
14order or obligation pursuant to this section.
1518. The department may adopt all necessary and proper rules
16to administer and interpret this section.
17 Sec. 865. Section 252B.21, Code 2023, is amended to read as
18follows:
19252B.21 Administrative seek employment orders.
201. For any support order being enforced by the unit child
21support services, the unit child support services may enter
22an ex parte order requiring the obligor to seek employment
23if employment of the obligor cannot be verified and if the
24obligor has failed to make support payments. Advance notice is
25not required prior to entering the ex parte order. The order
26shall be served upon the obligor by regular mail, with proof of
27service completed as provided in rule of civil procedure 1.442.
28The unit Child support services shall file a copy of the order
29with the clerk of the district court.
302. The order to seek employment shall contain directives,
31including all of the following:
32a. That the obligor seek employment within a determinate
33amount of time.
34b. That the obligor file with the unit child support
35services on a weekly basis a report of at least five new
-606-1attempts to find employment or of having found employment. The
2report shall include the names, addresses, and the telephone
3numbers of any employers or businesses with whom the obligor
4attempted to seek employment and the name of the individual
5contact to whom the obligor made application for employment or
6to whom an inquiry was directed.
7c. That failure to comply with the notice is evidence of a
8willful failure to pay support under section 598.23A.
9d. That the obligor shall provide the child support recovery
10unit services with verification of any reason for noncompliance
11with the order.
12e. The duration of the order, not to exceed three months.
133. The department may establish additional criteria or
14requirements relating to seek employment orders by rule as
15necessary to implement this section.
16 Sec. 866. Section 252B.22, subsection 1, unnumbered
17paragraph 1, Code 2023, is amended to read as follows:
18The child Child support recovery unit services created in
19this chapter shall establish a task force to assist in the
20development and implementation of all of the following:
21 Sec. 867. Section 252B.23, Code 2023, is amended to read as
22follows:
23252B.23 Surcharge.
241. A surcharge shall be due and payable by the obligor on
25a support arrearage identified as difficult to collect and
26referred by the unit child support services on or after January
271, 1998, to a collection entity under contract with the unit
28 child support services or other state entity. The amount of
29the surcharge shall be a percent of the amount of the support
30arrearage referred to the collection entity and shall be
31specified in the contract with the collection entity. For the
32purpose of this chapter, a “collection entity” includes but is
33not limited to a state agency, including the central collection
34unit of the department of revenue, or a private collection
35agency. Use of a collection entity is in addition to any
-607-1other legal means by which support payments may be collected.
2The unit Child support services shall continue to use other
3enforcement actions, as appropriate.
42. a. Notice that a surcharge may be assessed on a support
5arrearage referred to a collection entity pursuant to this
6section shall be provided to an obligor in accordance with one
7of the following as applicable:
8(1) In the order establishing or modifying the support
9obligation. The unit Child support services or the district
10court shall include notice in any new or modified support order
11issued on or after July 1, 1997.
12(2) Through notice sent by the unit child support services
13 by regular mail to the last known address of the support
14obligor.
15b. The notice shall also advise that any appropriate
16information may be provided to a collection entity for purposes
17of administering and enforcing the surcharge.
183. Arrearages submitted for referral and surcharge pursuant
19to this section shall meet all of the following criteria:
20a. The arrearages owed shall be based on a court or
21administrative order which establishes the support obligation.
22b. The arrearage is due for a case in which the unit
23 child support services is providing services pursuant to this
24chapter and one for which the arrearage has been identified as
25difficult to collect by the unit child support services.
26c. The obligor was provided notice pursuant to subsection 2
27at least fifteen days prior to sending the notice of referral
28pursuant to subsection 4.
294. The unit Child support services shall send notice of
30referral to the obligor by regular mail to the obligor’s last
31known address, with proof of service completed according to
32rule of civil procedure 1.442, at least thirty days prior to
33the date the arrearage is referred to the collection entity.
34The notice shall inform the obligor of all of the following:
35a. The arrearage will be referred to a collection entity.
-608- 1b. Upon referral, a surcharge is due and payable by the
2obligor.
3c. The amount of the surcharge.
4d. That the obligor may avoid referral by paying the amount
5of the arrearage to the collection services center within
6twenty days of the date of notice of referral.
7e. That the obligor may contest the referral by submitting a
8written request for review of the unit child support services.
9The request shall be received by the unit child support
10services within twenty days of the date of the notice of
11referral.
12f. The right to contest the referral is limited to a mistake
13of fact, which includes a mistake in the identity of the
14obligor, a mistake as to fulfillment of the requirements for
15referral under this subsection, or a mistake in the amount of
16the arrearages.
17g. The unit Child support services shall issue a written
18decision following a requested review.
19h. Following the issuance of a written decision by the unit
20 child support services denying that a mistake of fact exists,
21the obligor may request a hearing to challenge the surcharge
22by sending a written request for a hearing to the office of
23the unit which issued the decision child support services.
24The request shall be received by the office of the unit which
25issued the decision child support services within ten days of
26the unit’s child support services’ written decision. The only
27grounds for a hearing shall be mistake of fact. Following
28receipt of the written request, the unit which receives the
29request child support services shall certify the matter for
30hearing in the district court in the county in which the
31underlying support order is filed.
32i. The address of the collection services center for payment
33of the arrearages.
345. If the obligor pays the amount of arrearage within twenty
35days of the date of the notice of referral, referral of the
-609-1arrearage to a collection entity shall not be made.
26. If the obligor requests a review or court hearing
3pursuant to this section, referral of the arrearages shall be
4stayed pending the decision of the unit child support services
5 or the court.
67. Actions of the unit child support services under this
7section shall not be subject to contested case proceedings or
8further review pursuant to chapter 17A and any resulting court
9hearing shall be an original hearing before the district court.
10However, the department shall establish, by rule pursuant to
11chapter 17A, an internal process to provide an additional
12review by the administrator of the child support recovery unit
13 director or the administrator’s director’s designee.
148. If an obligor does not pay the amount of the arrearage,
15does not contest the referral, or if following the unit’s
16 child support services’ review and any court hearing the unit
17 child support services or the court does not find a mistake
18of fact, the arrearages shall be referred to a collection
19entity. Following the review or hearing, if the unit child
20support services or the court finds a mistake in the amount
21of the arrearage, the arrearages shall be referred to the
22collection entity in the appropriate arrearage amount. For
23arrearages referred to a collection entity, the obligor shall
24pay a surcharge equal to a percent of the amount of the support
25arrearage due as of the date of the referral. The surcharge
26is in addition to the arrearages and any other fees or charges
27owed, and shall be enforced by the collection entity as
28provided under section 252B.5. Upon referral to the collection
29entity, the surcharge is an automatic judgment against the
30obligor.
319. The director or the director’s designee may file a notice
32of the surcharge with the clerk of the district court in the
33county in which the underlying support order is filed. Upon
34filing, the clerk shall enter the amount of the surcharge on
35the lien index and judgment docket.
-610- 110. Following referral of a support arrearage to a
2collection entity, the surcharge shall be due and owing and
3enforceable by a collection entity or the unit child support
4services notwithstanding satisfaction of the support obligation
5or whether the collection entity is enforcing a support
6arrearage. However, the unit child support services may waive
7payment of all or a portion of the surcharge if waiver will
8facilitate the collection of the support arrearage.
911. All surcharge payments shall be received and disbursed
10by the collection services center. The surcharge payments
11received by the collection services center shall be considered
12repayment receipts as defined in section 8.2 and shall be used
13to pay the costs of any contracts with a collection entity.
1412. a. A payment received by the collection services center
15which meets all the following conditions shall be allocated as
16specified in paragraph “b”:
17(1) The payment is for a case in which arrearages have been
18referred to a collection entity.
19(2) A surcharge is assessed on the arrearages.
20(3) The payment is collected under the provisions of the
21contract with the collection entity.
22b. A payment meeting all of the conditions in paragraph “a”
23shall be allocated between support and costs and fees, and the
24surcharge according to the following formula:
25(1) The payment shall be divided by the sum of one hundred
26percent plus the percent specified in the contract.
27(2) The quotient shall be the amount allocated to the
28support arrearage and other fees and costs.
29(3) The difference between the dividend and the quotient
30shall be the amount allocated to the surcharge.
3113. Any computer or software programs developed and any
32records used in relation to a contract with a collection entity
33remain the property of the department.
34 Sec. 868. Section 252B.24, Code 2023, is amended to read as
35follows:
-611- 1252B.24 State case registry.
21. Beginning October 1, 1998, the unit Child support
3services shall operate a state case registry to the extent
4determined by applicable time frames and other provisions of
542 U.S.C. §654a(e) and this section. The unit Child support
6services and the judicial branch shall enter into a cooperative
7agreement for the establishment and operation of the registry
8by the unit child support services. The state case registry
9shall include records with respect to all of the following:
10a. Unless prohibited by federal law, each case for which
11services are provided under this chapter.
12b. Each order for support, as defined in section 252D.16 or
13598.1, which meets at least one of the following criteria:
14(1) The support order is established or modified in this
15state on or after October 1, 1998.
16(2) The income of the obligor is subject to income
17withholding under chapter 252D, including any support order for
18which the district court enters an ex parte order under chapter
19252D on or after October 1, 1998.
202. The clerk of the district court shall provide the
21unit child support services with any information, orders,
22or documents requested by the unit child support services
23 to establish or operate the state case registry, which are
24specified in the agreement described in subsection 1, within
25the time frames specified in that agreement. The agreement
26shall include but is not limited to provisions to provide for
27all of the following:
28a. Provision to the unit child support services of
29information, orders, and documents necessary for the unit child
30support services to meet requirements described in 42 U.S.C.
31§654a(e) and this section.
32b. Provision to the unit child support services of
33information filed with the clerk of the district court by a
34party under section 598.22B, and the social security number
35of a child filed with the clerk of the district court under
-612-1section 602.6111.
2c. Use of automation, as appropriate, to meet the
3requirements described in 42 U.S.C. §654a(e) and this section.
43. The records of the state case registry are confidential
5records pursuant to chapter 22 and may only be disclosed or
6used as provided in section 252B.9.
7 Sec. 869. Section 252B.25, Code 2023, is amended to read as
8follows:
9252B.25 Contempt — combining actions.
10Notwithstanding any provision of law to the contrary, if
11an obligor has been ordered to provide support in more than
12one order, the unit child support services may bring a single
13action for contempt to enforce the multiple orders. However,
14if the obligor objects to the consolidation of the actions
15regarding multiple orders into a single action for contempt,
16and the court determines that severance of the single action
17into multiple actions is in the interest of justice, the
18unit child support services shall bring multiple actions for
19contempt to enforce the multiple orders. If the single action
20is brought and the obligor does not object, the unit child
21support services shall file the action in the district court of
22a county where the obligor resides, or if the obligor does not
23reside in the state, in the district court of the county where
24at least one of the support orders was entered or registered.
25For the purposes of this section, the district court where
26the unit child support services files the action shall have
27jurisdiction and authority over all other support orders for
28the obligor entered or registered by a court of this state and
29affected under this section. In such case, the unit child
30support services shall also file a document with the clerk of
31court in each county affected specifying the county where the
32action under this section was filed and the disposition of the
33action.
34 Sec. 870. Section 252B.26, Code 2023, is amended to read as
35follows:
-613- 1252B.26 Service of process.
2Notwithstanding any provision of law to the contrary, the
3unit child support services may serve a petition, notice, or
4rule to show cause under this chapter or chapter 252A, 252C,
5252F, 252H, 252K, 598, or 665 as specified in each chapter, or
6as follows:
71. The unit Child support services may serve a petition,
8notice, or rule to show cause by certified mail. Return
9acknowledgment is required to prove service by certified mail,
10rules of civil procedure 1.303(5) and 1.308(5) shall not apply,
11and the return acknowledgment shall be filed with the clerk of
12court.
132. The unit Child support services may serve a notice
14of intent under chapter 252H, or a notice of decision under
15section 252H.14A, upon any party or parent who is receiving
16family investment program assistance for the parent or child by
17sending the notice by regular mail to the address maintained by
18the department. Rules of civil procedure 1.303(5) and 1.308(5)
19shall not apply and the unit child support services shall file
20proof of service as provided in chapter 252H. If the notice is
21determined to be undeliverable, the unit child support services
22 shall serve the notice as otherwise provided in this section
23or by personal service.
24 Sec. 871. Section 252B.27, Code 2023, is amended to read as
25follows:
26252B.27 Use of funding for additional positions.
271. The director, within the limitations of the amount
28appropriated for the unit child support services, or moneys
29transferred for this purpose from the family investment program
30account created in section 239B.11, may establish new positions
31and add employees to the unit child support services if the
32director determines that both the current and additional
33employees together can reasonably be expected to maintain or
34increase net state revenue at or beyond the budgeted level for
35the fiscal year.
-614- 12. a. The director may establish new positions and add
2state employees to the unit child support services or contract
3for delivery of services if the director determines the
4employees are necessary to replace county-funded positions
5eliminated due to termination, reduction, or nonrenewal of
6a chapter 28E contract. However, the director must also
7determine that the resulting increase in the state share of
8child support recovery services incentives exceeds the cost
9of the positions or contract, the positions or contract are
10necessary to ensure continued federal funding of the unit
11 child support services, or the new positions or contract can
12reasonably be expected to recover at least twice the amount of
13money necessary to pay the salaries and support for the new
14positions or the contract will generate at least two hundred
15percent of the cost of the contract.
16b. Employees in full-time positions that transition
17from county government to state government employment under
18this subsection are exempt from testing, selection, and
19appointment provisions of chapter 8A, subchapter IV, and from
20the provisions of collective bargaining agreements relating to
21the filling of vacant positions.
22 Sec. 872. Section 252C.1, Code 2023, is amended to read as
23follows:
24252C.1 Definitions.
25As used in this chapter, unless the context otherwise
26requires:
271. “Administrator” means the administrator of the child
28support recovery unit of the department of human services, or
29the administrator’s designee.
302. 1. “Caretaker” means a parent, relative, guardian,
31or another person who is responsible for paying foster care
32costs pursuant to chapter 234 or whose needs are included in an
33assistance payment made pursuant to chapter 239B.
342. “Child support services” means child support services
35created in section 252B.2.
-615- 13. “Court order” means a judgment or order requiring the
2payment of a set or determinable amount of monetary support.
3For orders entered on or after July 1, 1990, unless the court
4specifically orders otherwise, medical support, as defined
5in section 252E.1, is not included in the amount of monetary
6support.
74. “Department” means the department of health and human
8services.
95. “Dependent child” means a person who meets the
10eligibility criteria established in chapter 234 or 239B and
11whose support is required by chapter 234, 239B, 252A, 252F,
12598, or 600B.
136. “Director” means the director of health and human
14services.
156. 7. “Medical support” means medical support as defined
16in section 252E.1.
177. 8. “Public assistance” means foster care costs paid by
18the department pursuant to chapter 234 or assistance provided
19pursuant to chapter 239B.
208. 9. “Responsible person” means a parent, relative,
21guardian, or another person legally liable for the support of a
22child or a child’s caretaker.
23 Sec. 873. Section 252C.2, Code 2023, is amended to read as
24follows:
25252C.2 Assignment — creation of support debt — subrogation.
261. If public assistance is provided by the department
27to or on behalf of a dependent child or a dependent child’s
28caretaker, there is an assignment by operation of law to the
29department of any and all right in, title to, and interest in
30any support obligation, payment, and arrearages owed to or for
31the child or caretaker up to the amount of public assistance
32paid for or on behalf of the child or caretaker. Unless
33otherwise specified in the order, an equal and proportionate
34share of any child support awarded is presumed to be payable
35on behalf of each child subject to the order or judgment for
-616-1purposes of an assignment under this section. For family
2investment program assistance, section 239B.6 shall apply.
32. The payment of public assistance to or for the benefit of
4a dependent child or a dependent child’s caretaker creates a
5support debt due and owing to the department by the responsible
6person in an amount equal to the public assistance payment,
7except that the support debt is limited to the amount of
8a support obligation established by court order or by the
9administrator department. The administrator department may
10establish a support debt as to amounts accrued and accruing
11pursuant to section 598.21B. However, when establishing a
12support obligation against a responsible person, no debt shall
13be created for the period during which the responsible person
14is a recipient on the person’s own behalf of public assistance
15for the benefit of the dependent child or the dependent child’s
16caretaker, if any of the following conditions exist:
17a. The parents have reconciled and are cohabiting, and the
18child for whom support would otherwise be sought is living in
19the same residence as the parents.
20b. The child is living with the parent from whom support
21would otherwise be sought.
223. The provision of child support collection or paternity
23determination services under chapter 252B to an individual,
24even though the individual is ineligible for public assistance,
25creates a support debt due and owing to the individual or the
26individual’s child or ward by the responsible person in the
27amount of a support obligation established by court order or
28by the administrator department. The administrator department
29 may establish a support debt in favor of the individual or the
30individual’s child or ward and against the responsible person,
31both as to amounts accrued and accruing, pursuant to section
32598.21B.
334. The payment of medical assistance pursuant to chapter
34249A for the benefit of a dependent child or a dependent
35child’s caretaker creates a support debt due and owing to the
-617-1department. The administrator department may establish an
2order for medical support.
35. The department is subrogated to the rights of a dependent
4child or a dependent child’s caretaker to bring a court action
5or to execute an administrative remedy for the collection
6of support. The administrator department may petition an
7appropriate court for modification of a court order on the same
8grounds as a party to the court order can petition the court
9for modification.
10 Sec. 874. Section 252C.3, Code 2023, is amended to read as
11follows:
12252C.3 Notice of support debt — failure to respond —
13hearing — order.
141. The administrator department may issue a notice stating
15the intent to secure an order for either medical support as
16provided in chapter 252E or payment of an accrued or accruing
17support debt due and owed to the department or an individual
18under section 252C.2, or both. The notice shall be served upon
19the responsible person in accordance with the rules of civil
20procedure. The notice shall include all of the following:
21a. A statement that the support obligation will be set
22pursuant to the child support guidelines established pursuant
23to section 598.21B, and the criteria established pursuant to
24section 252B.7A, and that the responsible person is required to
25provide medical support in accordance with chapter 252E.
26b. The name of a public assistance recipient and the name of
27the dependent child or caretaker for whom the public assistance
28is paid.
29c. (1) A statement that if the responsible person desires
30to discuss the amount of support that a responsible person
31should be required to pay, the responsible person may, within
32ten days after being served, contact the office of the child
33support recovery unit which sent the notice services and
34request a negotiation conference.
35(2) A statement that if a negotiation conference is
-618-1requested, then the responsible person shall have ten days from
2the date set for the negotiation conference or thirty days from
3the date of service of the original notice, whichever is later,
4to send a request for a hearing to the office of the child
5support recovery unit which issued the notice services.
6(3) A statement that after the holding of the negotiation
7conference, the administrator department may issue a new notice
8and finding of financial responsibility for child support or
9medical support, or both, to be sent to the responsible person
10by regular mail addressed to the responsible person’s last
11known address, or if applicable, to the last known address of
12the responsible person’s attorney.
13(4) A statement that if the administrator department issues
14a new notice and finding of financial responsibility for child
15support or medical support, or both, then the responsible
16person shall have thirty days from the date of issuance of the
17new notice to send a request for a hearing to the office of the
18 child support recovery unit which issued the notice services.
19If the administrator department does not issue a new notice
20and finding of financial responsibility for child support or
21medical support, or both, the responsible party shall have ten
22days from the date of issuance of the conference report to send
23a request for a hearing to the office of the child support
24recovery unit which issued the conference report services.
25d. A statement that if the responsible person objects
26to all or any part of the notice or finding of financial
27responsibility for child support or medical support, or both,
28and a negotiation conference is not requested, the responsible
29person shall, within thirty days of the date of service send to
30the office of the child support recovery unit which issued the
31notice services a written response setting forth any objections
32and requesting a hearing.
33e. A statement that if a timely written request for a
34hearing is received by the office of the child support recovery
35unit which issued the notice services, the responsible person
-619-1shall have the right to a hearing to be held in district
2court; and that if no timely written response is received, the
3administrator department may enter an order in accordance with
4the notice and finding of financial responsibility for child
5support or medical support, or both.
6f. A statement that, as soon as the order is entered, the
7property of the responsible person is subject to collection
8action, including but not limited to wage withholding,
9garnishment, attachment of a lien, and execution.
10g. A statement that the responsible person shall notify the
11administrator department of any change of address, employment,
12or medical coverage as required by chapter 252E.
13h. A statement that if the responsible person has any
14questions, the responsible person should telephone or visit an
15office of the child support recovery unit services or consult
16an attorney.
17i. Such other information as the administrator department
18 finds appropriate.
192. The time limitations for requesting a hearing in
20subsection 1 may be extended by the administrator department.
213. If a timely written response setting forth objections and
22requesting a hearing is received by the appropriate office of
23the child support recovery unit services, a hearing shall be
24held in district court.
254. If timely written response and request for hearing is
26not received by the appropriate office of the child support
27recovery unit services, the administrator department may enter
28an order in accordance with the notice, and shall specify all
29of the following:
30a. The amount of monthly support to be paid, with directions
31as to the manner of payment.
32b. The amount of the support debt accrued and accruing in
33favor of the department.
34c. The name of the custodial parent or agency having custody
35of the dependent child and the name and birth date of the
-620-1dependent child for whom support is to be paid.
2d. That the property of the responsible person is subject
3to collection action, including but not limited to wage
4withholding, garnishment, attachment of a lien, and execution.
5e. The medical support required pursuant to chapter 598 and
6rules adopted pursuant to chapter 252E.
75. The responsible person shall be sent a copy of the order
8by regular mail addressed to the responsible person’s last
9known address, or if applicable, to the last known address of
10the responsible person’s attorney. The order is final, and
11action by the administrator department to enforce and collect
12upon the order, including arrearages and medical support, or
13both, may be taken from the date of approval of the order by the
14court pursuant to section 252C.5.
15 Sec. 875. Section 252C.4, Code 2023, is amended to read as
16follows:
17252C.4 Certification to court — hearing — default.
181. A responsible person or the child support recovery
19unit services may request a hearing regarding a determination
20of support. If a timely written request for a hearing is
21received, the administrator department shall certify the matter
22to the district court as follows:
23a. If the child or children reside in Iowa, and the unit
24 child support services is seeking an accruing obligation, in
25the county in which the dependent child or children reside.
26b. If the child or children received public assistance in
27Iowa, and the unit child support services is seeking only an
28accrued obligation, in the county in which the dependent child
29or children last received public assistance.
30c. If the action is the result of a request from another
31state or foreign country to establish support by a responsible
32person located in Iowa, in the county in which the responsible
33person resides.
342. The certification shall include true copies of the
35notice and finding of financial responsibility or notice of the
-621-1support debt accrued and accruing, the return of service, the
2written objections and request for hearing, and true copies of
3any administrative orders previously entered.
43. The court shall set the matter for hearing and notify the
5parties of the time and place of hearing.
64. The court shall establish the monthly child support
7payment and the amount of the support debt accrued and accruing
8pursuant to section 598.21B, or medical support pursuant to
9chapter 252E, or both.
105. If a party fails to appear at the hearing, upon a showing
11of proper notice to that party, the court shall find that party
12in default and enter an appropriate order.
136. Actions initiated by the administrator department under
14this chapter are not subject to chapter 17A and resulting court
15hearings following certification shall be an original hearing
16before the district court.
177. If a responsible person contests an action initiated
18under this chapter by denying paternity, the following shall
19apply, as necessary:
20a. (1) If the prior determination of paternity is based on
21an affidavit of paternity filed pursuant to section 252A.3A, or
22an administrative order entered pursuant to chapter 252F, or an
23order by the courts of this state, or by operation of law when
24the mother and established father are or were married to each
25other, the provisions of section 600B.41A are applicable.
26(2) If the court determines that the prior determination of
27paternity should not be overcome pursuant to section 600B.41A,
28and that the responsible person has a duty to provide support,
29the court shall enter an order establishing the monthly child
30support payment and the amount of the support debt accrued
31and accruing pursuant to section 598.21B, or medical support
32pursuant to chapter 252E, or both.
33b. If the prior determination of paternity is based on an
34administrative or court order or other means, pursuant to the
35laws of another state or foreign country, an action to overcome
-622-1the prior determination of paternity shall be filed in that
2jurisdiction. Unless the responsible person requests and is
3granted a stay of an action initiated under this chapter to
4establish child or medical support, the action shall proceed as
5otherwise provided by this chapter.
6 Sec. 876. Section 252C.5, Code 2023, is amended to read as
7follows:
8252C.5 Filing and docketing of financial responsibility order
9— order effective as district court decree.
101. A true copy of any order entered by the administrator
11 department pursuant to this chapter, along with a true copy
12of the return of service, if applicable, may be filed in
13the office of the clerk of the district court in the manner
14established pursuant to section 252C.4, subsection 1.
152. The administrator’s department’s order shall be
16presented, ex parte, to the district court for review and
17approval. Unless defects appear on the face of the order or on
18the attachments, the district court shall approve the order.
19The approved order shall have all the force, effect, and
20attributes of a docketed order or decree of the district court.
213. Upon filing, the clerk shall enter the order in the
22judgment docket.
234. If the responsible party appeals the order approved
24by the court under this section, and the court on appeal
25establishes an amount of support which is less than the amount
26of support established under the approved order, the court, in
27the order issued on appeal, shall reconcile the amounts due
28and shall provide that any amount which represents the unpaid
29difference between the amount under the approved order and the
30amount under the order of the court on appeal is satisfied.
31 Sec. 877. Section 252C.6, Code 2023, is amended to read as
32follows:
33252C.6 Interest on support debts.
34Interest accrues on support debts at the rate provided
35in section 535.3 for court judgments. The administrator
-623-1 department may collect the accrued interest but is not required
2to maintain interest balance accounts. The department Child
3support services may waive payment of the interest if the
4waiver will facilitate the collection of the support debt.
5 Sec. 878. Section 252C.8, Code 2023, is amended to read as
6follows:
7252C.8 Temporary restraining order or bond.
8If the administrator department reasonably believes that the
9responsible person is not a resident of this state, is about to
10move from this state, or is concealing the responsible person’s
11whereabouts, or that the responsible person has removed or
12is about to remove, secrete, waste, or otherwise dispose of
13property which could be made subject to collection procedures
14to satisfy the support debt, the administrator department may
15petition the district court for a temporary restraining order
16barring the removal, secretion, waste, or disposal. However,
17if the responsible person furnishes a bond satisfactory to the
18court, the temporary restraining order shall be vacated.
19 Sec. 879. Section 252C.12, Code 2023, is amended to read as
20follows:
21252C.12 Waiver of time limitations by responsible person.
221. A responsible person may waive the time limitations
23established in section 252C.3.
242. Upon receipt of a signed statement from each responsible
25person waiving the time limitations established in section
26252C.3, the administrator department may proceed to enter an
27order for support and the court may approve the order, whether
28or not the time limitations have expired.
293. If a responsible person waives the time limitations
30established in section 252C.3 and an order for support is
31entered under this chapter, the signed statement of the
32responsible person waiving the time limitations shall be filed
33with the order for support.
34 Sec. 880. Section 252D.1, Code 2023, is amended to read as
35follows:
-624- 1252D.1 Delinquent support payments.
2If support payments ordered under this chapter or chapter
3232, 234, 252A, 252C, 252E, 252F, 598, 600B, or any other
4applicable chapter, or under a comparable statute of another
5state or foreign country, as certified to the child support
6recovery unit established in section 252B.2 services, are not
7paid to the clerk of the district court or the collection
8services center pursuant to section 598.22 or, as appropriate,
9a comparable government entity in another state as provided
10in chapter 252K, and become delinquent in an amount equal to
11the payment for one month, the child support recovery unit
12 services may enter an ex parte order or, upon application of a
13person entitled to receive the support payments, the district
14court may enter an ex parte order, notifying the person whose
15income is to be withheld, of the delinquent amount, of the
16amount of income to be withheld, and of the procedure to
17file a motion to quash the order for income withholding, and
18ordering the withholding of specified sums to be deducted
19from the delinquent person’s income as defined in section
20252D.16 sufficient to pay the support obligation and, except as
21provided in section 598.22, requiring the payment of such sums
22to the clerk of the district court or the collection services
23center or, as appropriate, a comparable government entity
24in another state as provided in chapter 252K. All income
25withholding payments shall be paid to the collection services
26center or, as appropriate, a comparable government entity in
27another state as provided in chapter 252K. Notification of
28income withholding shall be provided to the obligor and to the
29payor of income pursuant to section 252D.17.
30 Sec. 881. Section 252D.8, Code 2023, is amended to read as
31follows:
32252D.8 Persons subject to immediate income withholding.
331. In a support order issued or modified on or after
34November 1, 1990, for which services are being provided by the
35 child support recovery unit services, and in any support orders
-625-1issued or modified after January 1, 1994, for which services
2are not provided by the child support recovery unit services,
3the income of a support obligor is subject to withholding, on
4the effective date of the order, regardless of whether support
5payments by the obligor are in arrears. If services are being
6provided pursuant to chapter 252B, the child support recovery
7unit services may enter an ex parte order for an immediate
8withholding of income. The district court may enter an ex
9parte order for immediate income withholding for cases in which
10the child support recovery unit services is not providing
11services. The income of the obligor is subject to immediate
12withholding unless one of the following occurs:
13a. One of the parties demonstrates and the court or child
14support recovery unit services finds there is good cause not to
15require immediate withholding. A finding of good cause shall
16be based on, at a minimum, written findings and conclusions by
17the court or administrative authority as to why implementing
18immediate withholding would not be in the best interests of the
19child. In cases involving modifications, the findings shall
20also include proof of timely payment of previously ordered
21support.
22b. A written agreement is reached between both parties
23which provides for an alternative arrangement. If the support
24payments have been assigned to the department of human services
25 pursuant to chapter 234 or 239B, or a comparable statute of
26another jurisdiction, the department shall be considered a
27party to the support order, and a written agreement pursuant
28to this section to waive immediate withholding is void unless
29approved by the child support recovery unit services. Any
30agreement existing at the time an assignment of support is made
31pursuant to chapter 234 or 239B or pursuant to a comparable
32statute of another jurisdiction shall not prevent the child
33support recovery unit services from implementing immediate
34withholding.
352. For an order not requiring immediate withholding, income
-626-1of an obligor is subject to immediate withholding, without
2regard to whether there is an arrearage, on the earliest of the
3following:
4a. The date the obligor requests that the withholding begin.
5b. The date the custodial parent or party to the proceeding
6requests that the withholding begin, if the request is approved
7by the district court or, in cases in which services are
8being provided pursuant to chapter 252B, if the child support
9recovery unit services approves the request.
10 Sec. 882. Section 252D.16, Code 2023, is amended to read as
11follows:
12252D.16 Definitions.
13As used in this chapter, unless the context otherwise
14requires:
151. “Child support services” means the same as child
16supported services created in section 252B.2.
172. “Department” means the department of health and human
18services.
191. 3. “Income” means all of the following:
20a. Any periodic form of payment due an individual,
21regardless of source, including but not limited to wages,
22salaries, commissions, bonuses, workers’ compensation,
23disability payments, payments pursuant to a pension or
24retirement program, and interest.
25b. A sole payment or lump sum as provided in section
26252D.18C, including but not limited to payment from an estate
27including inheritance, or payment for personal injury or
28property damage.
29c. Irregular income as defined in section 252D.18B.
302. 4. “Payor of income” or “payor” means and includes, but
31is not limited to, an obligor’s employer, trustee, the state
32of Iowa and all governmental subdivisions and agencies and any
33other person from whom an obligor receives income.
343. 5. “Support” or “support payments” means any amount
35which the court or administrative agency may require a person
-627-1to pay for the benefit of a child under a temporary order or a
2final judgment or decree entered under chapter 232, 234, 252A,
3252C, 252F, 252H, 598, 600B, or any other comparable chapter,
4and may include child support, maintenance, medical support as
5defined in chapter 252E, spousal support, and any other term
6used to describe these obligations. These obligations may
7include support for a child of any age who is dependent on the
8parties to the dissolution proceedings because of physical or
9mental disability. The obligations may include support for
10a child eighteen or more years of age with respect to whom a
11child support order has been issued pursuant to the laws of
12another state or foreign country. These obligations shall
13not include amounts for a postsecondary education subsidy as
14defined in section 598.1.
15 Sec. 883. Section 252D.16A, Code 2023, is amended to read
16as follows:
17252D.16A Income withholding order — child support recovery
18unit services.
19If support payments are ordered under this chapter, chapter
20232, 234, 252A, 252C, 252E, 252F, 252H, 598, 600B, or any other
21applicable chapter, or under a comparable statute of another
22state or foreign country, and if income withholding relative
23to such support payments is allowed under this chapter, the
24 child support recovery unit services may enter an ex parte
25order notifying the person whose income is to be withheld
26of the procedure to file a motion to quash the order for
27income withholding, and ordering the withholding of sums to
28be deducted from the delinquent person’s income as defined in
29section 252D.16 sufficient to pay the support obligation and
30requiring the payment of such sums to the collection services
31center or, as appropriate, a comparable government entity in
32another state as provided in chapter 252K. The child Child
33 support recovery unit services shall include the amount of
34any delinquency and the amount to be withheld in the notice
35provided to the obligor pursuant to section 252D.17A. Notice
-628-1of income withholding shall be provided to the obligor and to
2the payor of income pursuant to sections 252D.17 and 252D.17A.
3 Sec. 884. Section 252D.17, subsection 1, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5The district court shall provide notice by sending a copy
6of the order for income withholding or a notice of the order
7for income withholding to the obligor and the obligor’s payor
8of income by regular mail, with proof of service completed
9according to rule of civil procedure 1.442. The child Child
10 support recovery unit services shall provide notice of the
11income withholding order by sending a notice of the order to
12the obligor’s payor of income by regular mail or by electronic
13means. Proof of service may be completed according to rule
14of civil procedure 1.442. The child Child support recovery
15unit’s services’ notice of the order may be sent to the payor
16of income on the same date that the order is sent to the clerk
17of court for filing. In all other instances, the income
18withholding order shall be filed with the clerk of court prior
19to sending the notice of the order to the payor of income. In
20addition to the amount to be withheld for payment of support,
21the order or the notice of the order shall be in a standard
22format as prescribed by the unit child support services and
23shall include all of the following information regarding the
24duties of the payor in implementing the withholding order:
25 Sec. 885. Section 252D.17, subsection 1, paragraphs g and i,
26Code 2023, are amended to read as follows:
27g. The withholding is binding on the payor until further
28notice by the court or the child support recovery unit
29 services.
30i. The payor shall promptly notify the court or the child
31support recovery unit services when the obligor’s employment or
32other income terminates, and provide the obligor’s last known
33address and the name and address of the obligor’s new employer,
34if known.
35 Sec. 886. Section 252D.17A, Code 2023, is amended to read
-629-1as follows:
2252D.17A Notice to obligor of implementation of income
3withholding order.
4The child Child support recovery unit services or the
5district court shall send a notice of the income withholding
6order to the obligor at the time the notice is sent to the payor
7of income.
8 Sec. 887. Section 252D.18, Code 2023, is amended to read as
9follows:
10252D.18 Modification or termination of withholding.
111. The court or the child support recovery unit services
12 may, by ex parte order, modify a previously entered income
13withholding order if the court or the unit child support
14services determines any of the following:
15a. There has been a change in the amount of the current
16support obligation.
17b. The amount required to be withheld under the income
18withholding order is in error.
19c. Any past due support debt has been paid in full. Should
20a delinquency later accrue, the withholding order may be
21modified to secure payment toward the delinquency.
22d. There has been a change in the rules adopted by the
23department pursuant to chapter 17A regarding the amount of
24income to be withheld to pay a delinquency.
252. The child Child support recovery unit services may modify
26an amount specified in an income withholding order or notice of
27income withholding by providing notice to the payor of income
28and the obligor pursuant to sections 252D.17 and 252D.17A.
293. The court or the child support recovery unit services
30 may, by ex parte order, terminate an income withholding order
31when the current support obligation has terminated and when
32the delinquent support obligation has been fully satisfied
33as applicable to all of the children covered by the income
34withholding order. The unit Child support services may, by
35ex parte order, terminate an income withholding order when
-630-1the unit child support services will no longer be providing
2services under chapter 252B, or when another state or foreign
3country will be providing services under Tit.IV-D of the
4federal Social Security Act or a comparable law in a foreign
5country.
64. In no case shall payment of overdue support be the sole
7basis for termination of withholding.
8 Sec. 888. Section 252D.18A, subsections 1 and 4, Code 2023,
9are amended to read as follows:
101. The total of all amounts withheld shall not exceed the
11amounts specified in 15 U.S.C. §1673(b). For orders or notices
12issued by the child support recovery unit services, the limit
13for the amount to be withheld shall be specified in the order
14or notice.
154. The payor shall identify and report payments by the
16obligor’s name, account number, amount, and date withheld
17pursuant to section 252D.17. If payments for multiple obligees
18are combined, the portion of the payment attributable to each
19obligee shall be specifically identified only if the payor is
20directed to do so by the child support recovery unit services.
21 Sec. 889. Section 252D.18B, Code 2023, is amended to read
22as follows:
23252D.18B Irregular income.
24When payment of income is irregular, and an order for
25immediate or mandatory income withholding has been entered by
26the child support recovery unit services or the district court,
27the income payor shall withhold income equal to the total that
28would have been withheld had there been regular monthly income.
29The amounts withheld shall not exceed the amounts specified
30in 15 U.S.C. §1673(b). For the purposes of this section, an
31income source is irregular when there are periods in excess of
32one month during which the income payor makes no payment to the
33obligor and the periods are not the result of termination or
34suspension of employment.
35 Sec. 890. Section 252D.18C, Code 2023, is amended to read
-631-1as follows:
2252D.18C Withholding from lump sum payments.
3The child Child support recovery unit services or the
4district court may enter an ex parte order for income
5withholding when the obligor is paid by a lump sum income
6source. When a sole payment is made or payment occurs at
7two-month or greater intervals, the withholding order may
8include all current and delinquent support due through the
9current month, but shall not exceed the amounts specified in
1015 U.S.C. §1673(b).
11 Sec. 891. Section 252D.19A, subsection 2, Code 2023, is
12amended to read as follows:
132. If the unit child support services takes an enforcement
14action during a calendar year against an obligor and the
15obligor is not delinquent or in arrears solely due to the
16applicability of this section to the obligor, upon discovering
17the circumstances, the unit child support services shall
18promptly discontinue the enforcement action.
19 Sec. 892. Section 252D.20, Code 2023, is amended to read as
20follows:
21252D.20 Administration of income withholding procedures.
22The child Child support recovery unit services is designated
23as the entity of the state to administer income withholding in
24accordance with the procedures specified for keeping adequate
25records to document, track, and monitor support payments on
26cases subject to Tit.IV-D of the federal Social Security
27Act. The collection services center is designated as the
28entity for administering income withholding for cases which are
29not subject to Tit.IV-D. The collection services center’s
30responsibilities for administering income withholding in cases
31not subject to Tit.IV-D are limited to the receipt, recording,
32and disbursement of income withholding payments and to
33responding to requests for information on the current status of
34support payments pursuant to section 252B.13A. Notwithstanding
35section 622.53, in cases where the court or the child support
-632-1recovery unit services is enforcing an order of another state
2or foreign country through income withholding, a certified copy
3of the underlying judgment is sufficient proof of authenticity.
4 Sec. 893. Section 252D.22, Code 2023, is amended to read as
5follows:
6252D.22 Rules.
7The department shall adopt the administrative rules
8necessary to implement the provisions of this chapter as they
9pertain to the operations of the child support recovery unit
10 services.
11 Sec. 894. Section 252D.23, Code 2023, is amended to read as
12follows:
13252D.23 Filing of withholding order — order effective as
14district court order.
15An income withholding order entered by the child support
16recovery unit services pursuant to this chapter shall be
17filed with the clerk of the district court. In lieu of any
18signature on the order which may otherwise be required by law
19or rule, the order shall have affixed the name and address
20of the appropriate child support office services. For the
21purposes of demonstrating compliance by the payor of income,
22the copy of the withholding order or the notice of the order
23received, whether or not the copy of the order is file-stamped,
24shall have all the force, effect, and attributes of a docketed
25order of the district court including, but not limited to,
26availability of contempt of court proceedings against a
27payor of income for noncompliance. However, any information
28contained in the income withholding order or the notice of the
29order related to the amount of the accruing or accrued support
30obligation which does not reflect the correct amount of support
31due does not modify the underlying support judgment.
32 Sec. 895. Section 252E.1, Code 2023, is amended to read as
33follows:
34252E.1 Definitions.
35As used in this chapter, unless the context otherwise
-633-1requires:
21. “Accessible” means any of the following, unless otherwise
3provided in the support order:
4a. The health benefit plan does not have service area
5limitations or provides an option not subject to service area
6limitations.
7b. The health benefit plan has service area limitations and
8the dependent lives within thirty miles or thirty minutes of a
9network primary care provider.
102. “Basic coverage” means health care coverage that at a
11minimum provides coverage for emergency care, inpatient and
12outpatient hospital care, physician services whether provided
13within or outside a hospital setting, and laboratory and x-ray
14services.
153. “Cash medical support” means a monetary amount that
16a parent is ordered to pay to the obligee in lieu of that
17parent providing health care coverage, which amount is five
18percent of the gross income of the parent ordered to pay the
19monetary amount or, if the child support guidelines established
20pursuant to section 598.21B specifically provide an alternative
21income-based numeric standard for determining the amount,
22the amount determined by the standard specified by the child
23support guidelines. “Cash medical support” is an obligation
24separate from any monetary amount a parent is ordered to pay
25for uncovered medical expenses pursuant to the guidelines
26established pursuant to section 598.21B.
274. “Child” means a person for whom child or medical support
28may be ordered pursuant to chapter 234, 239B, 252A, 252C, 252F,
29252H, 252K, 598, 600B, or any other chapter of the Code or
30pursuant to a comparable statute of another state or foreign
31country.
325. “Child support services” means child support services
33created in section 252B.1.
345. 6. “Department” means the department of health and
35 human services, which includes but is not limited to the child
-634-1support recovery unit services, or any comparable support
2enforcement agency of another state.
36. 7. “Dependent” means a child, or an obligee for whom
4a court may order health care coverage pursuant to section
5252E.3.
67. 8. “Enroll” means to be eligible for and covered by a
7health benefit plan.
88. 9. “Health benefit plan” means any policy or contract
9of insurance, indemnity, subscription, or membership issued
10by an insurer, health service corporation, health maintenance
11organization, or any similar corporation or organization, any
12public coverage, or any self-insured employee benefit plan,
13for the purpose of covering medical expenses. These expenses
14may include but are not limited to hospital, surgical, major
15medical insurance, dental, optical, prescription drugs, office
16visits, or any combination of these or any other comparable
17health care expenses.
189. 10. “Health care coverage” or “coverage” means providing
19and paying for the medical needs of a dependent through a
20health benefit plan.
2110. 11. “Insurer” means any entity, including a health
22service corporation, health maintenance organization, or any
23similar corporation or organization, or an employer offering
24self-insurance, that provides a health benefit plan, but does
25not include an entity that provides public coverage.
2611. 12. “Medical support” means either the provision of
27health care coverage or the payment of cash medical support.
28“Medical support” is not alimony.
2912. 13. “National medical support notice” means a notice
30as prescribed under 42 U.S.C. §666(a)(19) or a substantially
31similar notice, that is issued and forwarded by the department
32in accordance with section 252E.4 to enforce the health care
33coverage provisions of a support order. The national medical
34support notice is not applicable to a provider of public
35coverage.
-635- 113. 14. “Obligee” means a parent or another natural person
2legally entitled to receive a support payment on behalf of a
3child.
414. 15. “Obligor” means a parent or another natural person
5legally responsible for the support of a dependent.
615. 16. “Order” means a support order entered pursuant to
7chapter 234, 252A, 252C, 252F, 252H, 252K, 598, 600B, or any
8other support chapter, or pursuant to a comparable statute of
9another state or foreign country, or an ex parte order entered
10pursuant to section 252E.4. “Order” also includes a notice of
11such an order issued by the department.
1216. 17. “Plan administrator” means the employer or sponsor
13that offers the health benefit plan or the person to whom the
14duty of plan administrator is delegated by the employer or
15sponsor offering the health benefit plan, by written agreement
16of the parties. “Plan administrator” does not include a
17provider of public coverage.
1817. 18. “Primary care provider” means a physician who
19provides primary care who is a family or general practitioner,
20a pediatrician, an internist, an obstetrician, or a
21gynecologist; an advanced registered nurse practitioner; or a
22physician assistant.
2318. 19. “Public coverage” means health care benefits
24provided by any form of federal or state medical assistance,
25including but not limited to benefits provided under chapter
26249A or 514I, or under comparable laws of another state,
27foreign country, or Indian nation or tribe.
2819. “Unit” or “child support recovery unit” means unit as
29defined in section 252B.1.
30 Sec. 896. Section 252E.1A, subsection 1, Code 2023, is
31amended to read as follows:
321. This section shall apply to all initial or modified
33orders for support entered under chapter 234, 252A, 252C, 252F,
34252H, 598, 600B, or any other applicable chapter. If an action
35to establish or modify an order for support is initiated by the
-636-1 child support recovery unit services, section 252E.1B shall
2also apply.
3 Sec. 897. Section 252E.1B, Code 2023, is amended to read as
4follows:
5252E.1B Establishing and modifying orders for medical support
6— actions initiated by child support recovery unit services.
71. If the child support recovery unit services is initiating
8an action to establish or modify support, this section shall
9apply in addition to the provisions of section 252E.1A.
102. The unit Child support services shall apply the following
11order of priority when the unit child support services enters
12or seeks an order for medical support:
13a. If the custodial parent is currently providing coverage
14for the child under a health benefit plan other than public
15coverage, and the plan is available as described in section
16252E.1A, subsection 3, the unit child support services shall
17enter or seek an order for the custodial parent to provide
18coverage.
19b. If the noncustodial parent is currently providing
20coverage for the child under a health benefit plan other than
21public coverage, and the plan is available as described in
22section 252E.1A, subsection 3, the unit child support services
23 shall enter or seek an order for the noncustodial parent to
24provide coverage.
25c. If a health benefit plan other than public coverage is
26available as described in section 252E.1A, subsection 3, to the
27custodial parent, the unit child support services shall enter
28or seek an order for the custodial parent to provide coverage.
29d. If a health benefit plan other than public coverage is
30available as described in section 252E.1A, subsection 3, to
31the noncustodial parent, the unit child support services shall
32enter or seek an order for the noncustodial parent to provide
33coverage.
34e. If a health benefit plan other than public coverage
35is not available to either parent, and the custodial parent
-637-1has public coverage for the child, the unit child support
2services shall enter or seek an order for the custodial parent
3to provide health care coverage and shall enter or seek an
4order for the noncustodial parent to pay cash medical support.
5However, if any of the circumstances described in section
6252E.1A, subsection 4, paragraph “a”, “b”, or “c” is met, the
7unit child support services shall enter or seek an order as
8specified by the applicable paragraph.
93. Notwithstanding subsection 2, if there is an order for
10joint physical care for the child and the parties subject to
11the support order, the unit child support services shall apply
12the following order of priority when the unit child support
13services enters or seeks an order for medical support:
14a. If only one parent is currently providing coverage
15for the child under a health benefit plan other than public
16coverage, and the plan is available as described in section
17252E.1A, subsection 3, the unit child support services shall
18enter or seek an order for that parent to provide coverage.
19b. If both parents are currently providing coverage for the
20child under a health benefit plan other than public coverage,
21and both plans are available as described in section 252E.1A,
22subsection 3, the unit child support services shall enter or
23seek an order for both parents to provide coverage.
24c. If neither parent is currently providing coverage
25for the child under a health benefit plan other than public
26coverage, and a health benefit plan other than public coverage
27is available as described in section 252E.1A, subsection 3, to
28one parent, the unit child support services shall enter or seek
29an order for that parent to provide coverage.
30d. If neither parent is currently providing coverage
31for the child under a health benefit plan other than public
32coverage, and a health benefit plan other than public coverage
33is available as described in section 252E.1A, subsection 3, to
34both parents, the unit child support services shall enter or
35seek an order for both parents to provide coverage.
-638- 1e. If a health benefit plan other than public coverage
2is not available to either parent and one parent has public
3coverage for the child, the unit child support services shall
4enter or seek an order for that parent to provide health care
5coverage.
64. The child Child support recovery unit services or the
7court shall not order any modification to an existing medical
8support order in a proceeding conducted solely pursuant to
9chapter 252H, subchapter IV.
10 Sec. 898. Section 252E.2, subsection 2, paragraph a, Code
112023, is amended to read as follows:
12a. The name and the last known mailing address of the
13participant and the name and mailing address of each child
14covered by the order except that, to the extent provided in
15the order, the name and mailing address of an official of the
16department may be substituted for the mailing address of the
17child.
18 Sec. 899. Section 252E.2A, Code 2023, is amended to read as
19follows:
20252E.2A Satisfaction of medical support order.
21This section shall apply if the child support recovery unit
22 services is providing services under chapter 252B.
231. Notwithstanding any law to the contrary and without
24a court order, a medical support order for a child shall be
25deemed satisfied with regard to the department, the child, the
26obligor, and the obligee for the period during which all of the
27following conditions are met:
28a. The order is issued under any applicable chapter of the
29Code.
30b. The unit Child support services is notified that the
31conditions of paragraph “c” are met and the parent ordered to
32provide medical support submits a written statement to the unit
33 child support services that the requirements of paragraph “c”
34are met.
35c. The parent ordered to provide medical support meets at
-639-1least one of the following conditions:
2(1) The parent is an inmate of an institution under the
3control of the department of corrections or a comparable
4institution in another state.
5(2) The parent’s monthly child support obligation under
6the guidelines established pursuant to section 598.21B is the
7minimum obligation amount.
8(3) The parent is a recipient of assistance under chapter
9239B or 249A, or under comparable laws of another state.
10(4) The parent is residing with any child for whom the
11parent is legally responsible and that child is a recipient
12of assistance under chapter 239B, 249A, or 514I, or under
13comparable laws of another state. For purposes of this
14subparagraph, “legally responsible” means the parent has a legal
15obligation to the child as specified in Iowa court rule 9.7 of
16the child support guidelines.
17d. The unit Child support services files a notice of
18satisfaction with the clerk of the district court. The
19effective date of the satisfaction shall be stated in the
20notice and the effective date shall be no later than forty-five
21days after the unit child support services issues the notice of
22satisfaction.
232. If a medical support order is satisfied under subsection
241, the satisfaction shall continue until all of the following
25apply:
26a. The unit Child support services is notified that none of
27the conditions specified in subsection 1, paragraph “c”, still
28applies.
29b. The unit Child support services files a satisfaction
30termination notice that the requirements for a satisfaction
31under this section no longer apply. The effective date shall
32be stated in the satisfaction termination notice and the
33effective date shall be no later than forty-five days after the
34unit child support services issues the satisfaction termination
35notice.
-640- 13. The unit Child support services shall mail a copy of the
2notice of satisfaction and the satisfaction termination notice
3to the last known address of the obligor and obligee.
44. The department of human services may match data for
5enrollees of the hawk-i Hawki program created pursuant to
6chapter 514I with data of the unit child support services to
7assist the unit child support services in implementing this
8section.
95. An order, decree, or judgment entered or pending on or
10before July 1, 2009, that provides for the support of a child
11may be satisfied as provided in this section.
12 Sec. 900. Section 252E.4, subsection 1, Code 2023, is
13amended to read as follows:
141. When a support order requires an obligor to provide
15coverage under a health benefit plan other than public
16coverage, the district court or the department may enter an
17ex parte order directing an employer to take all actions
18necessary to enroll an obligor’s dependent for coverage under
19a health benefit plan or may include the provisions in an ex
20parte income withholding order or notice of income withholding
21pursuant to chapter 252D. The child Child support recovery
22unit services, where appropriate, shall issue a national
23medical support notice to an employer within two business days
24after the date information regarding a newly hired employee is
25entered into the centralized employee registry and matched with
26a noncustodial parent in the case being enforced by the unit
27 child support services, or upon receipt of other employment
28information for such parent. The department may amend the
29information in the ex parte order or may amend or terminate
30the national medical support notice regarding health insurance
31provisions if necessary to comply with health insurance
32requirements including but not limited to the provisions of
33section 252E.2, subsection 2, or to correct a mistake of fact.
34 Sec. 901. Section 252E.5, subsection 8, paragraph g,
35subparagraph (3), Code 2023, is amended to read as follows:
-641- 1(3) If the obligor is not enrolled in a health benefit
2plan or is not enrolled in a health benefit plan that offers
3dependent coverage, if more than one plan with dependent
4coverage is offered by the employer, and if the notice is
5issued by the child support recovery unit services, all of the
6following shall apply:
7(a) If only one of the plans is accessible to the dependent,
8that plan shall be selected. If none of the plans with
9dependent coverage is accessible to the dependent, the unit
10 child support services shall amend or terminate the notice.
11(b) If more than one of the plans is accessible to the
12dependent, the plan selected shall be the plan that provides
13basic coverage for which the employee’s share of the premium
14is lowest.
15(c) If more than one of the plans is accessible to the
16dependent but none of the accessible plans provides basic
17coverage, the plan selected shall be a plan that is accessible
18and for which the employee’s share of the premium is lowest.
19(d) If the employee’s share of the premiums is the same
20under all plans described in subparagraph (b) or (c), the
21unit child support services shall attempt to consult with the
22obligee when selecting the plan. If the obligee does not
23respond within ten days of the unit’s child support services’
24 attempt, the unit child support services shall select a plan
25which shall be the plan’s default option, if any, or the plan
26with the lowest deductibles and copayment requirements.
27 Sec. 902. Section 252E.5, subsection 8, paragraph h,
28subparagraph (2), Code 2023, is amended to read as follows:
29(2) If the dependent is or is to be enrolled, notify the
30obligor, the obligee, and the child and furnish the obligee
31with necessary information. Provide the child support recovery
32unit services with the type of health benefit plan under which
33the dependent has been enrolled, including whether dental,
34optical, office visits, and prescription drugs are covered
35services.
-642-1 Sec. 903. Section 252E.6A, subsections 1 and 3, Code 2023,
2are amended to read as follows:
31. An obligor may move to quash the order to the employer
4under section 252E.4 by following the same procedures and
5alleging a mistake of a fact as provided in section 252D.31
6or as provided in subsection 2. If the unit child support
7services is enforcing an income withholding order and a medical
8support order simultaneously, any challenge to the income
9withholding order and medical support enforcement shall be
10filed and heard simultaneously.
113. The employer shall comply with the requirements of this
12chapter until the employer receives notice that a motion to
13quash has been granted, or that the unit child support services
14 has amended or terminated the national medical support notice.
15 Sec. 904. Section 252F.1, Code 2023, is amended to read as
16follows:
17252F.1 Definitions.
18As used in this chapter unless the context otherwise
19requires:
201. “Administrator” means the administrator of the child
21support recovery unit of the department of human services or
22the administrator’s designee.
232. 1. “Child” means a person who is less than age eighteen
24or a person who is age eighteen but less than age nineteen
25and is engaged full-time in completing high school graduation
26or equivalency requirements in a manner which is reasonably
27expected to result in completion of the requirements prior to
28the person reaching age nineteen.
292. “Child support services” means the same as child support
30services created in section 252B.2.
313. “Department” means the department of health and human
32services.
334. “Director” means the director of health and human
34services.
353. 5. “Mother” means a mother of the child for whom
-643-1paternity is being established.
24. 6. “Party” means a putative father or a mother, as named
3in an action.
45. 7. “Paternity is at issue” means any of the following
5conditions:
6a. A child was not born or conceived within marriage.
7b. A child was born or conceived within marriage but a court
8has declared that the child is not the issue of the marriage.
96. 8. “Paternity test” means and includes any form of
10blood, tissue, or genetic testing administered to determine the
11biological father of a child.
127. 9. “Putative father” means a person alleged to be the
13biological father of a child.
148. “Unit” means the child support recovery unit created in
15section 252B.2.
16 Sec. 905. Section 252F.2, Code 2023, is amended to read as
17follows:
18252F.2 Jurisdiction.
191. In any case in which the unit child support services
20 is providing services pursuant to chapter 252B and paternity
21is at issue, proceedings may be initiated by the unit child
22support services pursuant to this chapter for the sole purpose
23of establishing paternity and any accrued or accruing child
24support or medical support obligations. Proceedings under
25this chapter are in addition to other means of establishing
26paternity or support. Issues in addition to establishment of
27paternity or support obligations shall not be addressed in
28proceedings initiated under this chapter.
292. An action to establish paternity and support under this
30chapter may be brought within the time limitations set forth
31in section 614.8.
32 Sec. 906. Section 252F.3, Code 2023, is amended to read as
33follows:
34252F.3 Notice of alleged paternity and support debt —
35conference — request for hearing.
-644- 11. The unit Child support services may prepare a notice
2of alleged paternity and support debt to be served on a
3party if the mother of the child or a government official
4with knowledge of the circumstances of possible paternity
5relying on government records provides a written statement
6to the department of human services certifying in accordance
7with section 622.1 that the putative father is or may be the
8biological father of the child or children involved. The
9notice shall be accompanied by a copy of the statement and
10served on the putative father in accordance with rule of civil
11procedure 1.305. Service upon the mother shall not constitute
12valid service upon the putative father. The notice shall
13include or be accompanied by all of the following:
14a. The name of the recipient of services under chapter 252B
15and the name and birth date of the child or children involved.
16b. A statement that the putative father has been named as
17the biological father of the child or children named.
18c. A statement that if paternity is established, the
19amount of the putative father’s monthly support obligation
20and the amount of the support debt accrued and accruing will
21be established in accordance with the guidelines established
22in section 598.21B, and the criteria established pursuant to
23section 252B.7A.
24d. A statement that if paternity is established, a party has
25a duty to provide accrued and accruing medical support to the
26child or children in accordance with chapter 252E.
27e. A written explanation of the procedures for determining
28the child support obligation and a request for financial or
29income information as necessary for application of the child
30support guidelines established pursuant to section 598.21B.
31f. (1) The right of a party to request a conference
32with the unit child support services to discuss paternity
33establishment and the amount of support that a party may be
34required to provide, within ten days of the date of service of
35the original notice or, if paternity is contested and paternity
-645-1testing is conducted, within ten days of the date the paternity
2test results are issued or mailed to a party by the unit child
3support services.
4(2) A statement that if a conference is requested, a party
5shall have one of the following time frames, whichever is the
6latest, to send a written request for a court hearing on the
7issue of support to the unit child support services:
8(a) Ten days from the date set for the conference.
9(b) Twenty days from the date of service of the original
10notice.
11(c) If paternity was contested and paternity testing
12was conducted, and a party does not deny paternity after the
13testing or challenge the paternity test results, twenty days
14from the date paternity test results are issued or mailed by
15the unit child support services to the party.
16(3) A statement that after the holding of the conference,
17the unit child support services shall issue a new notice of
18alleged paternity and finding of financial responsibility for
19child support or medical support, or both, to be provided in
20person to each party or sent to each party by regular mail
21addressed to the party’s last known address or, if applicable,
22to the last known address of the party’s attorney.
23(4) A statement that if the unit child support services
24 issues a new notice of alleged paternity and finding of
25financial responsibility for child support or medical support,
26or both, a party shall have one of the following time frames,
27whichever is the latest, to send a written request for a court
28hearing on the issue of support to the unit child support
29services:
30(a) Ten days from the date of issuance of the new notice.
31(b) Twenty days from the date of service of the original
32notice.
33(c) If paternity was contested and paternity testing
34conducted, and a party does not deny paternity after the
35testing or challenge the paternity test results, twenty days
-646-1from the date the paternity test results are issued or mailed
2to the party by the unit child support services.
3g. A statement that if a conference is not requested, and
4a party does not deny paternity or challenge the results of
5any paternity testing conducted but objects to the finding
6of financial responsibility or the amount of child support
7or medical support, or both, the party shall send a written
8request for a court hearing on the issue of support to the
9unit child support services within twenty days of the date of
10service of the original notice, or, if paternity was contested
11and paternity testing conducted, and a party does not deny
12paternity after the testing or challenge the paternity test
13results, within twenty days from the date the paternity test
14results are issued or mailed to the party by the unit child
15support services, whichever is later.
16h. A statement that if a timely written request for a
17hearing on the issue of support is received by the unit
18 child support services, the party shall have the right to a
19hearing to be held in district court and that if no timely
20written request is received and paternity is not contested,
21the administrator department shall enter an order establishing
22the putative father as the father of the child or children and
23establishing child support or medical support, or both, in
24accordance with the notice of alleged paternity and support
25debt.
26i. A written explanation of the rights and responsibilities
27associated with the establishment of paternity.
28j. A written explanation of a party’s right to deny
29paternity, the procedures for denying paternity, and the
30consequences of the denial.
31k. A statement that if a party contests paternity, the party
32shall have twenty days from the date of service of the original
33notice to submit a written denial of paternity to the unit
34 child support services.
35l. A statement that if paternity is contested, the unit
-647-1 child support services shall, at the request of the party
2contesting paternity or on its own initiative, enter an
3administrative order requiring the putative father, mother, and
4child or children involved, to submit to paternity testing.
5m. A statement that if paternity tests are conducted, the
6unit child support services shall provide a copy of the test
7results to each party in person or send a copy to each party
8by regular mail, addressed to the party’s last known address,
9or, if applicable, to the last known address of the party’s
10attorney.
11n. A statement setting forth the time frames for contesting
12paternity after paternity tests are conducted.
13o. Other information as the unit child support services
14 finds appropriate.
152. The time limitations established for the notice
16provisions under subsection 1 are binding unless otherwise
17specified in this chapter or waived pursuant to section 252F.8.
183. a. If notice is served on a party, the unit child
19support services shall file a true copy of the notice and the
20original return of service with the appropriate clerk of the
21district court as follows:
22(1) In the county in which the child or children reside if
23the action is for purposes of establishing paternity and future
24child or medical support, or both.
25(2) In the county in which the child or children involved
26last received public assistance benefits in the state, if
27the action is for purposes of establishing paternity and
28child or medical support, or both, only for prior periods of
29time when the child or children received public assistance,
30and no ongoing child or medical support obligation is to be
31established by this action.
32(3) If the action is the result of a request from another
33state or foreign country to establish paternity of a putative
34father located in Iowa, in the county in which the putative
35father resides.
-648- 1b. All subsequent documents filed or court hearings held
2related to the action shall be in the district court in the
3county in which notice was filed pursuant to this subsection.
4The clerk shall file and docket the action.
54. A party or the child support recovery unit services may
6request a court hearing regarding establishment of paternity or
7a determination of support, or both.
8a. Upon receipt of a timely written response requesting
9a hearing or on its own initiative, the unit child support
10services shall certify the matter for hearing in the district
11court in the county where the original notice of alleged
12paternity and support debt is filed, in accordance with section
13252F.5.
14b. If paternity establishment was contested and paternity
15tests conducted, a court hearing on the issue of paternity
16shall be held no earlier than thirty days from the date
17paternity test results are issued to all parties by the unit
18 child support services, unless the parties mutually agree to
19waive the time frame pursuant to section 252F.8.
20c. Any objection to the results of paternity tests shall be
21filed no later than twenty days after the date paternity test
22results are issued or mailed to each party by the unit child
23support services. Any objection to paternity test results
24filed by a party more than twenty days after the date paternity
25tests are issued or mailed to the party by the unit child
26support services shall not be accepted or considered by the
27court.
285. If a timely written response and request for a court
29hearing is not received by the unit child support services and
30a party does not deny paternity, the administrator department
31 shall enter an order in accordance with section 252F.4.
326. a. If a party contests the establishment of paternity,
33the party shall submit, within twenty days of service of the
34notice on the party under subsection 1, a written statement
35contesting paternity establishment to the unit child support
-649-1services. Upon receipt of a written challenge of paternity
2establishment, or upon initiation by the unit child support
3services, the administrator department shall enter ex parte
4administrative orders requiring the mother, child or children
5involved, and the putative father to submit to paternity
6testing, except that if the mother and child or children
7previously submitted blood or genetic specimens in a prior
8action to establish paternity against a different putative
9father, the previously submitted specimens and prior results,
10if available, may be utilized for testing in this action.
11Either the mother or putative father may contest paternity
12under this chapter.
13b. The orders shall be filed with the clerk of the district
14court in the county where the notice was filed and have the
15same force and effect as a court order for paternity testing.
16c. The unit Child support services shall issue copies of the
17respective administrative orders for paternity testing to the
18mother and putative father in person, or by regular mail to the
19last known address of each, or if applicable, to the last known
20address of the attorney for each.
21d. If a paternity test is ordered under this section,
22the administrator department shall direct that inherited
23characteristics be analyzed and interpreted, and shall appoint
24an expert qualified as an examiner of genetic markers to
25analyze and interpret the results. The test shall be of a type
26generally acknowledged as reliable by accreditation entities
27designated by the secretary of the United States department
28of health and human services and shall be performed by a
29laboratory approved by an accreditation entity.
30e. The party contesting paternity shall be provided one
31opportunity to reschedule the paternity testing appointment if
32the testing is rescheduled prior to the date of the originally
33scheduled appointment.
34f. An original copy of the test results shall be filed with
35the clerk of the district court in the county where the notice
-650-1was filed. The child Child support recovery unit services
2 shall issue a copy of the filed test results to each party in
3person, or by regular mail to the last known address of each,
4or if applicable, to the last known address of the attorney
5for each. However, if the action is the result of a request
6from another state or foreign country, the unit child support
7services shall issue a copy of the results to the initiating
8agency in that jurisdiction.
9g. Verified documentation of the chain of custody of the
10blood or genetic specimens is competent evidence to establish
11the chain of custody. The testimony of the appointed expert is
12not required. A verified expert’s report of test results which
13indicate a statistical probability of paternity is sufficient
14authenticity of the expert’s conclusion.
15h. A verified expert’s report shall be admitted as evidence
16to establish administrative paternity, and, if a court hearing
17is scheduled to resolve the issue of paternity, shall be
18admitted as evidence and is admissible at trial.
19i. If the verified expert concludes that the test results
20show that the putative father is not excluded and that the
21probability of the putative father’s paternity is ninety-five
22percent or higher, there shall be a rebuttable presumption that
23the putative father is the biological father, and the evidence
24shall be sufficient as a basis for administrative establishment
25of paternity.
26(1) In order to challenge the presumption of paternity, a
27party shall file a written notice of the challenge with the
28district court within twenty days from the date the paternity
29test results are issued or mailed to all parties by the unit
30 child support services. Any challenge to a presumption of
31paternity resulting from paternity tests, or to paternity test
32results filed after the lapse of the twenty-day time frame
33shall not be accepted or admissible by the unit child support
34services or the court.
35(2) A copy of the notice challenging the presumption of
-651-1paternity shall be provided to any other party in person, or
2by mailing the notice to the last known address of each party,
3or if applicable, to the last known address of each party’s
4attorney.
5(3) The party challenging the presumption of paternity
6has the burden of proving that the putative father is not the
7father of the child.
8(4) The presumption of paternity may be rebutted only by
9clear and convincing evidence.
10j. If the verified expert concludes that the test results
11indicate that the putative father is not excluded and that
12the probability of the putative father’s paternity is less
13than ninety-five percent, the administrator department shall
14order a subsequent administrative paternity test or certify the
15case to the district court for resolution in accordance with
16the procedures and time frames specified in paragraph “i” and
17section 252F.5.
18k. If the results of the test or the verified expert’s
19analysis are timely challenged as provided in this subsection,
20the administrator department, upon the request of a party
21and advance payment by the contestant or upon the unit’s own
22 initiative of child support services, shall order that an
23additional test be performed by the same laboratory or an
24independent laboratory. If the party requesting additional
25testing does not advance payment, the administrator department
26 shall certify the case to the district court in accordance with
27paragraph “i” and section 252F.5.
28l. When a subsequent paternity test is conducted, the time
29frames in this chapter associated with paternity tests shall
30apply to the most recently completed test.
31m. If the paternity test results exclude the putative father
32as a potential biological father of the child or children,
33and additional tests are not requested by either party or
34conducted on the unit’s initiative of child support services,
35or if additional tests exclude the putative father as a
-652-1potential biological father, the unit child support services
2 shall withdraw its action against the putative father and
3shall file a notice of the withdrawal with the clerk of the
4district court, and shall provide a copy of the notice to each
5party in person, or by regular mail sent to each party’s last
6known address, or if applicable, the last known address of the
7party’s attorney.
8n. Except as provided in paragraph “k”, the unit child
9support services shall advance the costs of genetic testing.
10If paternity is established and paternity testing was
11conducted, the unit child support services shall enter an order
12or, if the action proceeded to a court hearing, request that
13the court enter a judgment for the costs of the paternity tests
14consistent with applicable federal law. In a proceeding under
15this chapter, a copy of a bill for genetic testing shall be
16admitted as evidence without requiring third-party foundation
17testimony and shall constitute prima facie evidence of the
18amount incurred for genetic testing.
19 Sec. 907. Section 252F.4, Code 2023, is amended to read as
20follows:
21252F.4 Entry of order.
221. If each party fails to respond to the initial notice
23within twenty days after the date of service of the notice or
24fails to appear at a conference pursuant to section 252F.3 on
25the scheduled date of the conference, and paternity has not
26been contested and each party fails to timely request a court
27hearing on the issue of support, the administrator department
28 shall enter an order against the parties, declaring the
29putative father to be the legal father of the child or children
30involved and assessing any accrued and accruing child support
31obligation pursuant to the guidelines established under section
32598.21B, and medical support pursuant to chapter 252E.
332. If paternity is contested pursuant to section 252F.3,
34subsection 6, and the party contesting paternity fails to
35appear for a paternity test and fails to request a rescheduling
-653-1pursuant to section 252F.3, or fails to appear for both the
2initial and the rescheduled paternity tests and each party
3fails to timely request a court hearing on the issue of
4support, the administrator department shall enter an order
5against the parties declaring the putative father to be the
6legal father of the child or children involved and assessing
7any accrued and accruing child support obligation pursuant to
8the guidelines established under section 598.21B, and medical
9support pursuant to chapter 252E.
103. If a conference pursuant to section 252F.3 is held,
11and paternity is not contested, and each party fails to
12timely request a court hearing on the issue of support, the
13administrator department shall enter an order against the
14parties after the second notice has been sent declaring the
15putative father to be the legal father of the child or children
16involved and assessing any accrued and accruing child support
17obligation pursuant to the guidelines established under section
18598.21B, and medical support pursuant to chapter 252E.
194. If paternity was contested and paternity testing was
20performed and the putative father was not excluded, if the
21test results indicate that the probability of the putative
22father’s paternity is ninety-five percent or greater, if the
23test results are not timely challenged, and if each party fails
24to timely request a court hearing on the issue of support,
25the administrator department shall enter an order against the
26parties declaring the putative father to be the legal father of
27the child or children involved and assessing any accrued and
28accruing child support obligation pursuant to the guidelines
29established under section 598.21B, and medical support pursuant
30to chapter 252E.
315. The administrator department shall establish a support
32obligation under this section based upon the best information
33available to the unit child support services and pursuant to
34section 252B.7A.
356. The order shall contain all of the following:
-654- 1a. A declaration of paternity.
2b. The amount of monthly support to be paid, with direction
3as to the manner of payment.
4c. The amount of accrued support.
5d. The name of the custodial parent or caretaker.
6e. The name and birth date of the child or children to whom
7the order applies.
8f. A statement that property of a party ordered to provide
9support is subject to income withholding, liens, garnishment,
10tax offset, and other collection actions.
11g. The medical support required pursuant to chapter 598 and
12chapter 252E.
13h. A statement that a party who is ordered to provide
14support is required to inform the child support recovery unit
15 services, on a continuing basis, of the name and address of
16the party’s current employer, whether the party has access to
17health insurance coverage as required in the order, and if so,
18the health insurance policy information.
19i. If paternity was contested by the putative father, the
20amount of any judgment assessed to the father for costs of
21paternity tests conducted pursuant to this chapter.
22j. Statements as required pursuant to section 598.22B.
237. If paternity is not contested but a party does wish
24to challenge the issues of child or medical support, the
25administrator department shall enter an order establishing
26paternity and reserving the issues of child or medical support
27for determination by the district court.
28 Sec. 908. Section 252F.5, Code 2023, is amended to read as
29follows:
30252F.5 Certification to district court.
311. Actions initiated under this chapter are not subject
32to contested case proceedings or further review pursuant to
33chapter 17A.
342. An action under this chapter may be certified to
35the district court if a party timely contests paternity
-655-1establishment or paternity test results, or if a party requests
2a court hearing on the issues of child or medical support, or
3both, or upon the initiation of the unit child support services
4 as provided in this chapter. Review by the district court
5shall be an original hearing before the court.
63. In any action brought under this chapter, the action
7shall not be certified to the district court in a contested
8paternity action unless all of the following have occurred:
9a. Paternity testing has been completed.
10b. The results of the paternity test have been issued to all
11parties.
12c. A timely written objection to paternity establishment
13or paternity test results has been received from a party, or
14a timely written request for a court hearing on the issue
15of support has been received from a party by the unit child
16support services, or the unit child support services has
17requested a court hearing on the unit’s child support services’
18 own initiative.
194. A matter shall be certified to the district court in
20the county in which the notice was filed pursuant to section
21252F.3, subsection 3.
225. The court shall set the matter for hearing and notify the
23parties of the time of and place for hearing.
246. If the court determines that the putative father is
25the legal father, the court shall establish the amount of the
26accrued and accruing child support pursuant to the guidelines
27established under section 598.21B, and shall establish medical
28support pursuant to chapter 252E.
297. If the putative father or another party contesting
30paternity fails to appear at the hearing, upon a showing
31that proper notice has been provided to the party, the court
32shall find the party in default and enter an appropriate order
33establishing paternity and support.
34 Sec. 909. Section 252F.6, Code 2023, is amended to read as
35follows:
-656- 1252F.6 Filing with the district court.
2Following issuance of an order by the administrator
3 department, the order shall be presented to an appropriate
4district court judge for review and approval. Unless a defect
5appears on the face of the order, the district court shall
6approve the order. Upon approval by the district court judge,
7the order shall be filed in the district court in the county
8in which the notice was filed pursuant to section 252F.3,
9subsection 3. Upon filing, the order has the same force and
10effect as a district court order.
11 Sec. 910. Section 252F.7, Code 2023, is amended to read as
12follows:
13252F.7 Report to state registrar of vital records statistics.
14Upon the filing of an order with the district court pursuant
15to this chapter, the clerk of the district court shall report
16the information from the order to the bureau of state registrar
17of vital records statistics in the manner provided in section
18600B.36.
19 Sec. 911. Section 252F.8, Code 2023, is amended to read as
20follows:
21252F.8 Waiver of time limitations.
221. A putative father or other party may waive the time
23limitations established in this chapter.
242. If a party does not contest paternity or wish to request
25a conference or court hearing on the issue of support, upon
26receipt of a signed statement from the putative father and
27any other party that may contest establishment of paternity,
28waiving the time limitations, the administrator department
29 shall enter an order establishing paternity and support and the
30court may approve the order, notwithstanding the expiration of
31the period of the time limitations if paternity is established.
323. If a putative father or other party waives the time
33limitations and an order establishing paternity or determining
34support, or both, is entered under this chapter, the signed
35statement of the putative father and other party waiving the
-657-1time limitations shall be filed with the order.
2 Sec. 912. Section 252G.1, Code 2023, is amended to read as
3follows:
4252G.1 Definitions.
5As used in this chapter, unless the context otherwise
6requires:
71. “Business day” means a day on which state offices are
8open for regular business.
92. “Child support services” means child support services
10created in section 252B.2.
112. 3. “Compensation” means payment owed by the payor of
12income for:
13a. Labor or services rendered by an employee or contractor
14to the payor of income.
15b. Benefits including, but not limited to, vacation,
16holiday, and sick leave, and severance payments which are due
17an employee under an agreement with the employer or under a
18policy of the employer.
193. 4. “Contractor” means a natural person who is eighteen
20years of age or older, who performs labor in this state to
21whom a payor of income makes payments which are not subject to
22withholding and for whom the payor of income is required by the
23internal revenue service to complete a 1099-MISC form.
244. 5. “Date of hire” means either of the following:
25a. The first day for which an employee is owed compensation
26by the payor of income.
27b. The first day that a contractor performs labor or
28services for the payor of income.
295. 6. “Days” means calendar days.
306. 7. “Department” means the department of health and human
31services.
327. 8. “Dependent” includes a spouse or child or any other
33person who is in need of and entitled to support from a person
34who is declared to be legally liable for the support of that
35dependent.
-658- 18. 9. “Employee” means a natural person who performs labor
2in this state and is employed by an employer in this state for
3compensation and for whom the employer withholds federal or
4state tax liabilities from the employee’s compensation.
59. 10. “Employer” means a person doing business in this
6state who engages an employee for compensation and for whom the
7employer withholds federal or state tax liabilities from the
8employee’s compensation. “Employer” includes any governmental
9entity and any labor organization.
1010. 11. “Labor organization” means any organization of
11any kind, or any agency, or employee representation committee
12or plan, in which employees participate and which exists for
13the purpose, in whole or in part, of dealing with employers
14concerning grievances, labor disputes, wages, rates of pay,
15hours of employment, or conditions of work.
1611. 12. “Natural person” means an individual and not a
17corporation, government, business trust, estate, partnership,
18proprietorship, or other legal entity, however organized.
1912. 13. “Payor of income” includes both an employer and a
20person engaged in a trade or business in this state who engages
21a contractor for compensation.
2213. 14. “Registry” means the central employee registry
23created in section 252G.2.
2414. 15. “Rehire” means the first day for which an employee
25is owed compensation by the payor of income following a
26termination of employment lasting a minimum of six consecutive
27weeks. Termination of employment does not include temporary
28separations from employment such as unpaid medical leave, an
29unpaid leave of absence, or a temporary layoff.
3015. “Unit” means the child support recovery unit created in
31section 252B.2.
32 Sec. 913. Section 252G.2, Code 2023, is amended to read as
33follows:
34252G.2 Establishment of central employee registry.
35By January 1, 1994, the unit Child support services shall
-659-1establish a centralized employee registry database for the
2purpose of receiving and maintaining information on newly hired
3or rehired employees from employers. The unit Child support
4services shall establish the database and the department may
5adopt rules in conjunction with the department of revenue and
6the department of workforce development to identify appropriate
7uses of the registry and to implement this chapter, including
8implementation through the entering of agreements pursuant to
9chapter 28E.
10 Sec. 914. Section 252G.3, subsection 3, paragraphs b and d,
11Code 2023, are amended to read as follows:
12b. By submitting electronic media in a format approved by
13the unit child support services in advance.
14d. By any other means authorized by the unit child support
15services in advance if the means will result in timely
16reporting.
17 Sec. 915. Section 252G.4, subsection 1, paragraph a,
18unnumbered paragraph 1, Code 2023, is amended to read as
19follows:
20Beginning January 1, 1994, a A payor of income to whom
21section 252G.3 is inapplicable, who enters into an agreement
22for the performance of services with a contractor, shall report
23the contractor to the registry. Payors of income shall report
24contractors performing labor under an agreement within fifteen
25days of the date on which all of the following conditions are
26met:
27 Sec. 916. Section 252G.4, subsection 3, Code 2023, is
28amended to read as follows:
293. A payor of income required to report under this section
30may report the information required under subsection 1 by any
31written means authorized by the unit child support services
32 which results in timely reporting.
33 Sec. 917. Section 252G.5, subsection 1, Code 2023, is
34amended to read as follows:
351. The unit Child support services for program
-660-1 administration of the child support enforcement program,
2including but not limited to activities related to
3establishment and enforcement of child and medical support
4obligations through administrative or judicial processes, and
5other services authorized pursuant to chapter 252B.
6 Sec. 918. Section 252G.7, Code 2023, is amended to read as
7follows:
8252G.7 Data entry and transmitting centralized employee
9registry records to the national new hire registry.
10The unit Child support services shall enter new hire data
11into the centralized employee directory database within five
12business days of receipt from employers and shall transmit the
13records of the centralized employee registry to the national
14directory of new hires within three business days after the
15date information regarding a newly hired employee is entered
16into the centralized employee registry.
17 Sec. 919. Section 252G.8, Code 2023, is amended to read as
18follows:
19252G.8 Income withholding requirements.
20Within two business days after the date information
21regarding a newly hired employee is entered into the
22centralized employee registry and matched with obligors in
23cases being enforced by the unit child support services, the
24unit child support services shall transmit a notice to the
25employer or payor of income of the employee directing the
26employer or payor of income to withhold from the income of the
27employee in accordance with chapter 252D.
28 Sec. 920. Section 252H.1, Code 2023, is amended to read as
29follows:
30252H.1 Purpose and intent.
31This chapter is intended to provide a means for state
32compliance with Tit.IV-D of the federal Social Security
33Act, as amended, requiring states to provide procedures for
34the review and adjustment of support orders being enforced
35under Tit.IV-D of the federal Social Security Act, and also
-661-1to provide an expedited modification process when review
2and adjustment procedures are not required, appropriate, or
3applicable. Actions under this chapter shall be initiated only
4by the child support recovery unit services.
5 Sec. 921. Section 252H.2, Code 2023, is amended to read as
6follows:
7252H.2 Definitions.
81. As used in this chapter, unless the context otherwise
9requires, “administrator”, “caretaker”, “court order”,
10“department”, “dependent child”, “medical support”, and
11“responsible person” mean the same as defined in section 252C.1.
122. As used in this chapter, unless the context otherwise
13requires:
14a. “Act” means the federal Social Security Act.
15b. “Adjustment” applies only to the child support provisions
16of a support order and means either of the following:
17(1) A change in the amount of child support based upon
18an application of the child support guidelines established
19pursuant to section 598.21B.
20(2) An addition of or change to provisions for medical
21support as provided in chapter 252E.
22c. “Child” means a child as defined in section 252B.1.
23d. “Child support agency” means any state, county, or local
24office or entity of another state that has the responsibility
25for providing child support enforcement services under Tit.
26IV-D of the Act.
27e. “Child support recovery unit” or “unit” “Child support
28services” means the child support recovery unit services created
29pursuant to in section 252B.2.
30f. “Cost-of-living alteration” means a change in an existing
31child support order which equals an amount which is the
32amount of the support obligation following application of the
33percentage change of the consumer price index for all urban
34consumers, United States city average, as published in the
35federal register by the federal department of labor, bureau of
-662-1labor statistics.
2g. “Determination of controlling order” means the process
3of identifying a child support order which must be recognized
4pursuant to section 252K.207 and 28 U.S.C. §1738B, when
5more than one state has issued a support order for the same
6child and the same obligor, and may include a reconciliation
7of arrearages with information related to the calculation.
8Registration of an order of another state or foreign country is
9not necessary for a court or the unit child support services to
10make a determination of controlling order.
11h. “Modification” means either of the following:
12(1) A change, correction, or termination of an existing
13support order.
14(2) The establishment of a child or medical support
15obligation in a previously established order entered
16pursuant to chapter 234, 252A, 252C, 598, 600B, or any other
17support proceeding, in which such support was not previously
18established, or in which support was previously established
19and subsequently terminated prior to the emancipation of the
20children affected.
21i. “Parent” means, for the purposes of requesting a review
22of a support order and for being entitled to notice under this
23chapter:
24(1) The individual ordered to pay support pursuant to the
25order.
26(2) An individual or entity entitled to receive current or
27future support payments pursuant to the order, or pursuant to a
28current assignment of support including but not limited to an
29agency of this or any other state that is currently providing
30public assistance benefits to the child for whom support is
31ordered and any child support agency. Service of notice of
32an action initiated under this chapter on an agency is not
33required, but the agency may be advised of the action by other
34means.
35j. “Public assistance” means benefits received in this state
-663-1or any other state, under Tit.IV-A (temporary assistance to
2needy families), IV-E (foster care), or XIX (Medicaid) of the
3Act.
4k. “Review” means an objective evaluation conducted through
5a proceeding before a court, administrative body, or an agency,
6of information necessary for the application of a state’s
7mandatory child support guidelines to determine:
8(1) The appropriate monetary amount of support.
9(2) Provisions for medical support.
10l. “State” means “state” as defined in chapter 252K.
11m. “Support order” means an order for support issued
12pursuant to this chapter, chapter 232, 234, 252A, 252C, 252E,
13252F, 598, 600B, or any other applicable chapter, or under
14a comparable statute of another state or foreign country as
15registered with the clerk of court or certified to the child
16support recovery unit services.
17 Sec. 922. Section 252H.3, subsections 2 and 3, Code 2023,
18are amended to read as follows:
192. Nonsupport issues shall not be considered by the unit
20 child support services or the court in any action resulting
21under this chapter.
223. Actions initiated by the unit child support services
23 under this chapter shall not be subject to contested case
24proceedings or further review pursuant to chapter 17A and
25resulting court hearings following certification shall be an
26original hearing before the district court.
27 Sec. 923. Section 252H.4, Code 2023, is amended to read as
28follows:
29252H.4 Role of the child support recovery unit services.
301. The unit Child support services may administratively
31adjust or modify or may provide for an administrative
32cost-of-living alteration of a support order entered under
33chapter 234, 252A, 252C, 598, or 600B, or any other support
34chapter if the unit child support services is providing
35enforcement services pursuant to chapter 252B.The unit
-664-1 Child support services is not required to intervene to
2administratively adjust or modify or provide for an
3administrative cost-of-living alteration of a support order
4under this chapter.
52. The unit Child support services is a party to an action
6initiated pursuant to this chapter.
73. The unit Child support services shall conduct a review
8to determine whether an adjustment is appropriate or, upon
9the request of a parent or upon the unit’s child support
10services’ own initiative, determine whether a modification is
11appropriate.
124. The unit Child support services shall adopt rules
13pursuant to chapter 17A to establish the process for the review
14of requests for adjustment, the criteria and procedures for
15conducting a review and determining when an adjustment is
16appropriate, the procedure and criteria for a cost-of-living
17alteration, the criteria and procedure for a request for review
18pursuant to section 252H.18A, and other rules necessary to
19implement this chapter.
205. Legal representation of the unit child support services
21 shall be provided pursuant to section 252B.7, subsection 4.
22 Sec. 924. Section 252H.5, Code 2023, is amended to read as
23follows:
24252H.5 Fees and cost recovery for review — adjustment —
25modification.
261. Unless the unit child support services is already
27providing support enforcement service pursuant to chapter 252B,
28a parent ordered to provide support, who requests a review of a
29support order under subchapter II, shall file an application
30for services pursuant to section 252B.4.
312. A parent requesting a service shall pay the fee
32established for that service as established under this
33subsection. The fees established are not applicable to a
34parent who as a condition of eligibility for receiving public
35assistance benefits has assigned the rights to child or medical
-665-1support for the order to be reviewed. The following fees shall
2be paid for the following services:
3a. A fee for conducting the review, to be paid at the time
4the request for review is submitted to the unit child support
5services. If the request for review is denied for any reason,
6the fee shall be refunded to the parent making the request.
7Any request submitted without full payment of the fee shall be
8denied.
9b. A fee for a second review requested pursuant to section
10252H.17, to be paid at the time the request for the second
11review is submitted to the unit child support services. Any
12request submitted without full payment of the fee shall be
13denied.
14c. A fee for activities performed by the unit child support
15services in association with a court hearing requested pursuant
16to section 252H.8.
17d. A fee for activities performed by the unit child support
18services in entering an administrative order to adjust support
19when neither parent requests a court hearing pursuant to
20section 252H.8. The fee shall be paid during the postreview
21waiting period under section 252H.17. If the fee is not paid
22in full during the postreview notice period, further action
23shall not be taken by the unit child support services to adjust
24the order unless the parent not requesting the adjustment
25pays the fee in full during the postreview waiting period,
26or unless the children affected by the order reviewed are
27currently receiving public assistance benefits and the proposed
28adjustment would result in either an increase in the amount of
29support or in provisions for medical support for the children.
30e. A fee for conducting a conference requested pursuant to
31section 252H.20.
323. A parent who requests a review of a support order
33pursuant to section 252H.13, shall pay any service of process
34fees for service or attempted service of the notice required
35in section 252H.15. The unit Child support services shall not
-666-1proceed to conduct a review pursuant to section 252H.16 until
2service of process fees have been paid in full. The service of
3process fee requirement of this subsection is not applicable
4to a parent who as a condition of eligibility for public
5assistance benefits has assigned the rights to child or medical
6support for the order to be reviewed. Service of process fees
7charged by a person other than the unit child support services
8 are distinct from any other fees and recovery of costs provided
9for in this section.
104. The unit Child support services shall, consistent with
11applicable federal law, recover administrative costs in excess
12of any fees collected pursuant to subsections 2 and 3 for
13providing services under this chapter and shall adopt rules
14providing for collection of fees for administrative costs.
155. The unit Child support services shall adopt rules
16pursuant to chapter 17A to establish procedures and criteria to
17determine the amount of any fees specified in this section and
18the administrative costs in excess of these fees.
19 Sec. 925. Section 252H.6, Code 2023, is amended to read as
20follows:
21252H.6 Collection of information.
22The unit Child support services may request, obtain, and
23validate information concerning the financial circumstances
24of the parents of a child as necessary to determine the
25appropriate amount of support pursuant to the guidelines
26established in section 598.21B, including but not limited to
27those sources and procedures described in sections 252B.7A and
28252B.9. The collection of information does not constitute a
29review conducted pursuant to section 252H.16.
30 Sec. 926. Section 252H.7, Code 2023, is amended to read as
31follows:
32252H.7 Waiver of notice periods and time limitations.
331. A parent may waive the fifteen-day prereview waiting
34period provided for in section 252H.16.
35a. Upon receipt of signed requests from both parents
-667-1waiving the prereview waiting period, the unit child support
2services may conduct a review of the support order prior to
3the expiration of the fifteen-day period provided in section
4252H.16.
5b. If the parents jointly waive the prereview waiting period
6and the order under review is subsequently adjusted, the signed
7statements of both parents waiving the waiting period shall be
8filed in the court record with the order adjusting the support
9obligation.
102. A parent may waive the postreview waiting period provided
11for in section 252H.8, subsection 2 or 7, for a court hearing
12or in section 252H.17 for requesting of a second review.
13a. Upon receipt of signed requests from both parents subject
14to the order reviewed, waiving the postreview waiting period,
15the unit child support services may enter an administrative
16order adjusting the support order, if appropriate, prior to the
17expiration of the postreview waiting period.
18b. If the parents jointly waive the postreview waiting
19period and an administrative order to adjust the support order
20is entered, the signed statements of both parents waiving the
21waiting period shall be filed in the court record with the
22administrative order adjusting the support obligation.
233. A parent may waive the time limitations established in
24section 252H.8, subsection 3, for requesting a court hearing,
25or in section 252H.20 for requesting a conference.
26a. Upon receipt of signed requests from both parents who
27are subject to the order to be modified, waiving the time
28limitations, the unit child support services may proceed to
29enter an administrative modification order.
30b. If the parents jointly waive the time limitations and
31an administrative modification order is entered under this
32chapter, the signed statements of both parents waiving the
33time limitations shall be filed in the court record with the
34administrative modification order.
35 Sec. 927. Section 252H.8, Code 2023, is amended to read as
-668-1follows:
2252H.8 Certification to court — hearing — default.
31. For actions initiated under section 252H.15, either
4parent or the unit child support services may request a court
5hearing within fifteen days from the date of issuance of the
6notice of decision under section 252H.16, or within ten days
7of the date of issuance of the second notice of decision under
8section 252H.17, whichever is later.
92. For actions initiated under section 252H.14A, either
10parent or the unit child support services may request a court
11hearing within ten days of the issuance of the second notice of
12decision under section 252H.17.
133. For actions initiated under subchapter III, either
14parent or the unit child support services may request a court
15hearing within the latest of any of the following time periods:
16a. Twenty days from the date of successful service of the
17notice of intent to modify required under section 252H.19.
18b. Ten days from the date scheduled for a conference to
19discuss the modification action.
20c. Ten days from the date of issuance of a second notice of
21a proposed modification action.
224. The time limitations for requesting a court hearing
23under this section may be extended by the unit child support
24services.
255. If a timely written request for a hearing is received
26by the unit child support services, a hearing shall be held
27in district court, and the unit child support services shall
28certify the matter to the district court in the county in which
29the order subject to adjustment or modification is filed. The
30certification shall include the following, as applicable:
31a. Copies of the notice of intent to review or notice of
32intent to modify.
33b. The return of service, proof of service, acceptance of
34service, or signed statement by the parent requesting review
35and adjustment or requesting modification, waiving service of
-669-1the notice.
2c. Copies of the notice of decision and any revised notice
3as provided in section 252H.16.
4d. Copies of any written objections to and request for a
5second review or conference or hearing.
6e. Copies of any second notice of decision issued pursuant
7to section 252H.17, or second notice of proposed modification
8action issued pursuant to section 252H.20.
9f. Copies of any financial statements and supporting
10documentation provided by the parents including proof of
11a substantial change in circumstances for a request filed
12pursuant to section 252H.18A.
13g. Copies of any computation worksheet prepared by the
14unit child support services to determine the amount of support
15calculated using the mandatory child support guidelines
16established under section 598.21B, and, if appropriate and the
17social security disability provisions of sections 598.22 and
18598.22C apply, a determination of the amount of delinquent
19support due.
20h. A certified copy of each order, issued by another state
21or foreign country, considered in determining the controlling
22order.
236. The court shall set the matter for hearing and notify the
24parties of the time and place of the hearing.
257. For actions initiated under section 252H.15, a hearing
26shall not be held for at least sixteen days following the date
27of issuance of the notice of decision unless the parents have
28jointly waived, in writing, the fifteen-day postreview period.
298. Pursuant to section 252H.3, the district court shall
30review the matter as an original hearing before the court.
319. Issues subject to review by the court in any hearing
32resulting from an action initiated under this chapter shall be
33limited to the issues identified in section 252H.3.
3410. Notwithstanding any other law to the contrary, if more
35than one support order exists involving children with the same
-670-1legally established parents, one hearing on all of the affected
2support orders shall be held in the district court in the
3county where the unit child support services files the action.
4For the purposes of this subsection, the district court hearing
5the matter shall have jurisdiction over all other support
6orders entered by a court of this state and affected under this
7subsection.
811. The court shall establish the amount of child support
9pursuant to section 598.21B, or medical support pursuant to
10chapter 252E, or both.
1112. If a party fails to appear at the hearing, upon a
12showing of proper notice to the party, the court may find the
13party in default and enter an appropriate order.
14 Sec. 928. Section 252H.9, Code 2023, is amended to read as
15follows:
16252H.9 Filing and docketing of administrative adjustment or
17modification order — order effective as district court order.
181. If timely request for a court hearing is not made
19pursuant to section 252H.8, the unit child support services
20 shall prepare and present an administrative order for
21adjustment or modification, as applicable, for review and
22approval, ex parte, to the district court where the order to
23be adjusted or modified is filed. Notwithstanding any other
24law to the contrary, if more than one support order exists
25involving children with the same legally established parents,
26for the purposes of this subsection, the district court
27reviewing and approving the matter shall have jurisdiction over
28all other support orders entered by a court of this state and
29affected under this subsection.
302. For orders to which subchapter II or III is applicable,
31the unit child support services shall determine the appropriate
32amount of the child support obligation using the current child
33support guidelines established pursuant to section 598.21B
34and the criteria established pursuant to section 252B.7A and
35shall determine the provisions for medical support pursuant to
-671-1chapter 252E.
23. The administrative order prepared by the unit child
3support services shall specify all of the following:
4a. The amount of support to be paid and the manner of
5payment.
6b. The name of the custodian of any child for whom support
7is to be paid.
8c. The name of the parent ordered to pay support.
9d. The name and birth date of any child for whom support is
10to be paid.
11e. That the property of the responsible person is subject
12to collection action, including but not limited to wage
13withholding, garnishment, attachment of a lien, and other
14methods of execution.
15f. Provisions for medical support.
16g. If applicable, the order determined to be the controlling
17order.
18h. If applicable, the amount of delinquent support due based
19upon the receipt of social security disability payments as
20provided in sections 598.22 and 598.22C.
214. Supporting documents as described in section 252H.8,
22subsection 5, may be presented to the court with the
23administrative order, as applicable.
245. Unless defects appear on the face of the order or on the
25attachments, the district court shall approve the order. Upon
26filing, the approved order shall have the same force, effect,
27and attributes of an order of the district court.
286. Upon filing, the clerk of the district court shall enter
29the order in the judgment docket and judgment lien index.
307. A copy of the order shall be sent by regular mail within
31fourteen days after filing to each parent’s last known address,
32or if applicable, to the last known address of the parent’s
33attorney.
348. The order is final, and action by the unit child support
35services to enforce and collect upon the order, including
-672-1arrearages and medical support, or both, may be taken from the
2date of the entry of the order by the district court.
3 Sec. 929. Section 252H.10, subsection 2, Code 2023, is
4amended to read as follows:
52. The periodic due date established under a prior order
6for payment of child support shall not be changed in any
7order modified as a result of an action initiated under this
8chapter, unless the child support recovery unit services or
9the court determines that good cause exists to change the
10periodic due date. If the unit child support services or the
11court determines that good cause exists, the unit child support
12services or the court shall include the rationale for the
13change in the modified order and shall address the issue of
14reconciliation of any payments due or made under a prior order
15which would result in payment of the child support obligation
16under both the prior and the modified orders.
17 Sec. 930. Section 252H.11, Code 2023, is amended to read as
18follows:
19252H.11 Concurrent actions.
20This chapter does not prohibit or affect the ability or right
21of a parent or the parent’s attorney to file a modification
22action at the parent’s own initiative. If a modification
23action is filed by a parent concerning an order for which an
24action has been initiated but has not yet been completed by the
25unit child support services under this chapter, the unit child
26support services shall terminate any action initiated under
27this chapter, subject to the following:
281. The modification action filed by the parent must address
29the same issues as the action initiated under this chapter.
302. If the modification action filed by the parent is
31subsequently dismissed before being heard by the court,
32the unit child support services shall continue the action
33previously initiated under subchapter II or III, or initiate a
34new action as follows:
35a. If the unit child support services previously initiated
-673-1an action under subchapter II, and had not issued a notice of
2decision as required under section 252H.14A or 252H.16, the
3unit child support services shall proceed as follows:
4(1) If notice of intent to review was served ninety days
5or less prior to the date the modification action filed by the
6parent is dismissed, the unit child support services shall
7complete the review and issue the notice of decision.
8(2) If the modification action filed by the parent is
9dismissed more than ninety days after the original notice of
10intent to review was served, the unit child support services
11 shall serve or issue a new notice of intent to review and
12conduct the review.
13(3) If the unit child support services initiated a review
14under section 252H.14A, the unit child support services may
15issue the notice of decision.
16b. If the unit child support services previously initiated
17an action under subchapter II and had issued the notice of
18decision as required under section 252H.14A or 252H.16, the
19unit child support services shall proceed as follows:
20(1) If the notice of decision was issued ninety days or less
21prior to the date the modification action filed by the parent
22is dismissed, the unit child support services shall request,
23obtain, and verify any new or different information concerning
24the financial circumstances of the parents and issue a revised
25notice of decision to each parent, or if applicable, to the
26parent’s attorney.
27(2) If the modification action filed by the parent is
28dismissed more than ninety days after the date of issuance
29of the notice of decision, the unit child support services
30 shall serve or issue a new notice of intent to review pursuant
31to section 252H.15 and conduct a review pursuant to section
32252H.16, or conduct a review and serve a new notice of decision
33under section 252H.14A.
34c. If the unit child support services previously initiated
35an action under subchapter III, the unit child support services
-674-1 shall proceed as follows:
2(1) If the modification action filed by the parent is
3dismissed more than ninety days after the original notice of
4intent to modify was served, the unit child support services
5 shall serve a new notice of intent to modify pursuant to
6section 252H.19.
7(2) If the modification action filed by the parent is
8dismissed ninety days or less after the original notice of
9intent to modify was served, the unit child support services
10 shall complete the original modification action initiated by
11the unit child support services under this subchapter.
12(3) Each parent shall be allowed at least twenty days from
13the date the administrative modification action is reinstated
14to request a court hearing as provided for in section 252H.8.
153. If an action initiated under this chapter is terminated
16as the result of a concurrent modification action filed by
17one of the parents or the parent’s attorney, the unit child
18support services shall advise each parent, or if applicable,
19the parent’s attorney, in writing, that the action has been
20terminated and the provisions of subsection 2 of this section
21for continuing or initiating a new action under this chapter.
22The notice shall be issued by regular mail to the last known
23mailing address of each parent, or if applicable, each parent’s
24attorney.
254. If an action initiated under this chapter by the
26unit child support services is terminated as the result
27of a concurrent action filed by one of the parents and is
28subsequently reinstated because the modification action filed
29by the parent is dismissed, the unit child support services
30 shall advise each parent, or if applicable, each parent’s
31attorney, in writing, that the unit child support services is
32continuing the prior administrative adjustment or modification
33action. The notice shall be issued by regular mail to the last
34known mailing address of each parent, or if applicable, each
35parent’s attorney.
-675-1 Sec. 931. Section 252H.12, subsection 3, Code 2023, is
2amended to read as follows:
33. The unit Child support services is providing enforcement
4services for the ongoing support obligation pursuant to chapter
5252B.
6 Sec. 932. Section 252H.13, Code 2023, is amended to read as
7follows:
8252H.13 Right to request review.
9A parent shall have the right to request the review of a
10support order for which the unit child support services is
11currently providing enforcement services of an ongoing child
12support obligation pursuant to chapter 252B including by
13objecting to a cost-of-living alteration pursuant to section
14252H.24, subsections 1 and 2.
15 Sec. 933. Section 252H.14, Code 2023, is amended to read as
16follows:
17252H.14 Reviews initiated by the child support recovery unit
18 services.
191. The unit Child support services may periodically
20initiate a review of support orders meeting the conditions in
21section 252H.12 in accordance with the following:
22a. The right to any ongoing child support obligation is
23currently assigned to the state due to the receipt of public
24assistance.
25b. The support order does not already include provisions for
26medical support.
27c. The review is otherwise necessary to comply with the Act.
282. The unit Child support services may periodically
29initiate a request to a child support agency of another state
30or to a foreign country to conduct a review of a support
31order when the right to any ongoing child or medical support
32obligation due under the order is currently assigned to the
33state of Iowa or if the order does not include provisions for
34medical support.
353. The unit Child support services shall adopt rules
-676-1establishing criteria to determine the appropriateness of
2initiating a review.
34. The unit Child support services shall initiate reviews
4under this section in accordance with the Act.
5 Sec. 934. Section 252H.14A, Code 2023, is amended to read
6as follows:
7252H.14A Reviews initiated by the child support recovery unit
8 services — abbreviated method.
91. Notwithstanding section 252H.15, the unit child support
10services may use procedures under this section to review a
11support order if all the following apply:
12a. One of the following applies:
13(1) The right to ongoing child support is assigned to the
14state of Iowa due to the receipt of family investment program
15assistance, and a review of the support order is required under
16section 7302 of the federal Deficit Reduction Act of 2005, Pub.
17L. No.109-171.
18(2) A parent requests a review, provides the unit child
19support services with financial information as part of that
20request, and the order meets the criteria for review under this
21subchapter.
22b. The unit Child support services has access to information
23concerning the financial circumstances of each parent and one
24of the following applies:
25(1) The parent is a recipient of family investment program
26assistance, medical assistance, or food supplemental nutrition
27assistance program assistance from the department.
28(2) The parent’s income is from supplemental security
29income paid pursuant to 42 U.S.C. §1381a.
30(3) The parent is a recipient of disability benefits under
31the Act because of the parent’s disability.
32(4) The parent is an inmate of an institution under the
33control of the department of corrections.
34(5) The unit Child support services has access to
35information described in section 252B.7A, subsection 1,
-677-1paragraph “c”.
22. If the conditions of subsection 1 are met, the unit child
3support services may conduct a review and determine whether
4an adjustment is appropriate using information accessible by
5the unit child support services without issuing a notice under
6section 252H.15 or requesting additional information from the
7parent.
83. Upon completion of the review, the unit child support
9services shall issue a notice of decision to each parent, or
10if applicable, to each parent’s attorney. The notice shall be
11served in accordance with the rules of civil procedure or as
12provided in section 252B.26, except that a parent requesting
13a review pursuant to section 252H.13 shall waive the right to
14personal service of the notice in writing and accept service
15by regular mail. If the service by regular mail does not occur
16within ninety days of the written waiver of personal service,
17personal service of the notice is required unless a new waiver
18of personal service is obtained.
194. All of the following shall be included in the notice of
20decision:
21a. The legal basis and purpose of the action, including
22an explanation of the procedures for determining child
23support, the criteria for determining the appropriateness of
24an adjustment, and a statement that the unit child support
25services used the child support guidelines established pursuant
26to section 598.21B and the provisions for medical support
27pursuant to chapter 252E.
28b. Information sufficient to identify the affected parties
29and the support order or orders affected.
30c. An explanation of the legal rights and responsibilities
31of the affected parties, including time frames in which the
32parties must act.
33d. A statement indicating whether the unit child support
34services finds that an adjustment is appropriate and the basis
35for the determination.
-678- 1e. Procedures for contesting the action, including that if a
2parent requests a second review both parents will be requested
3to submit financial or income information as necessary for
4application of the child support guidelines established
5pursuant to section 598.21B.
6f. Other information as appropriate.
75. Section 252H.16, subsection 5, regarding a revised
8notice of decision shall apply to a notice of decision issued
9under this section.
106. Each parent shall have the right to challenge the notice
11of decision issued under this section by requesting a second
12review by the unit child support services as provided in
13section 252H.17. If there is no new or different information
14to consider for the second review, the unit child support
15services shall issue a second notice of decision based on prior
16information. Each parent shall have the right to challenge
17the second notice of decision by requesting a court hearing as
18provided in section 252H.8.
19 Sec. 935. Section 252H.15, subsection 1, Code 2023, is
20amended to read as follows:
211. Unless an action is initiated under section 252H.14A,
22prior to conducting a review of a support order, the unit child
23support services shall issue a notice of intent to review and
24adjust to each parent, or if applicable, to each parent’s
25attorney. However, notice to a child support agency or an
26agency entitled to receive child or medical support payments as
27the result of an assignment of support rights is not required.
28 Sec. 936. Section 252H.15, subsection 3, unnumbered
29paragraph 1, Code 2023, is amended to read as follows:
30The unit Child support services shall adopt rules pursuant
31to chapter 17A to ensure that all of the following are included
32in the notice:
33 Sec. 937. Section 252H.15, subsection 3, paragraph e, Code
342023, is amended to read as follows:
35e. Criteria for determining appropriateness of an adjustment
-679-1and a statement that the unit child support services will use
2the child support guidelines established pursuant to section
3598.21B and the provisions for medical support pursuant to
4chapter 252E to adjust the order.
5 Sec. 938. Section 252H.16, Code 2023, is amended to read as
6follows:
7252H.16 Conducting the review — notice of decision.
81. For actions initiated under section 252H.15, the unit
9 child support services shall conduct the review and determine
10whether an adjustment is appropriate. As necessary, the unit
11 child support services shall make a determination of the
12controlling order or the amount of delinquent support due based
13upon the receipt of social security disability payments as
14provided in sections 598.22 and 598.22C.
152. Unless both parents have waived the prereview notice
16period as provided for in section 252H.7, the review shall
17not be conducted for at least fifteen days from the date both
18parents were successfully served with the notice required in
19section 252H.15.
203. Upon completion of the review, the unit child support
21services shall issue a notice of decision by regular mail to
22the last known address of each parent, or if applicable, each
23parent’s attorney.
244. The unit Child support services shall adopt rules
25pursuant to chapter 17A to ensure that all of the following are
26included in the notice:
27a. Information sufficient to identify the affected parties
28and the support order or orders affected.
29b. A statement indicating whether the unit child support
30services finds that an adjustment is appropriate and the basis
31for the determination.
32c. Other information, as appropriate.
335. A revised notice of decision shall be issued when the
34unit child support services receives or becomes aware of new or
35different information affecting the results of the review after
-680-1the notice of decision has been issued and before the entry of
2an administrative order adjusting the support order, when new
3or different information is not received in conjunction with
4a request for a second review, or subsequent to a request for
5a court hearing. If a revised notice of decision is issued,
6the time frames for requesting a second review or court hearing
7shall apply from the date of issuance of the revised notice.
8 Sec. 939. Section 252H.17, Code 2023, is amended to read as
9follows:
10252H.17 Challenging the notice of decision — second review
11— notice.
121. Each parent shall have the right to challenge the notice
13of decision issued under section 252H.14A or 252H.16, by
14requesting a second review by the unit child support services.
152. A challenge shall be submitted, in writing, to the
16local child support office that issued the notice of decision
17 services, within thirty days of service of the notice of
18decision under section 252H.14A or within ten days of the
19issuance of the notice of decision under section 252H.16.
203. A parent challenging the notice of decision shall submit
21any new or different information, not previously considered by
22the unit child support services in conducting the review, with
23the challenge and request for second review.
244. A parent challenging the notice of decision shall submit
25any required fees with the challenge. Any request submitted
26without full payment of the required fee shall be denied.
275. If a timely challenge along with any necessary fee
28is received, the unit child support services shall issue by
29regular mail to the last known address of each parent, or if
30applicable, to each parent’s attorney, a notice that a second
31review will be conducted. The unit Child support services
32 shall adopt rules pursuant to chapter 17A to ensure that all of
33the following are included in the notice:
34a. A statement of purpose of the second review.
35b. Information sufficient to identify the affected parties
-681-1and the support order or orders affected.
2c. A statement of the information that is eligible for
3consideration at the second review.
4d. The procedures and time frames in conducting and
5completing a second review, including a statement that only one
6second review shall be conducted as the result of a challenge
7received from either or both parents.
8e. An explanation of the right to request a court hearing,
9and the applicable time frames and procedures to follow in
10requesting a court hearing.
11f. Other information, as appropriate.
126. The unit Child support services shall conduct a second
13review, utilizing any new or additional information provided
14or available since issuance of the notice of decision under
15section 252H.14A or under section 252H.16, to determine whether
16an adjustment is appropriate.
177. Upon completion of the review, the unit child
18support services shall issue a second notice of decision by
19regular mail to the last known address of each parent, or if
20applicable, to each parent’s attorney. The unit Child support
21services shall adopt rules pursuant to chapter 17A to ensure
22that all of the following are included in the notice:
23a. Information sufficient to identify the affected parties
24and the support order or orders affected.
25b. The unit’s Child support services’ finding resulting from
26the second review indicating whether the unit child support
27services finds that an adjustment is appropriate, the basis for
28the determination, and the impact on the first review.
29c. An explanation of the right to request a court hearing,
30and the applicable time frames and procedures to follow in
31requesting a court hearing.
32d. Other information, as appropriate.
338. If the determination resulting from the first review
34is revised or reversed by the second review, the following
35shall be issued to each parent along with the second notice of
-682-1decision and the amount of any proposed adjustment:
2a. Any updated or revised financial statements provided by
3either parent.
4b. A computation prepared by the local child support office
5issuing the notice services, demonstrating how the amount of
6support due under the child support guidelines was calculated,
7and a comparison of the newly computed amount with the current
8support obligation amount.
9 Sec. 940. Section 252H.18, subsection 2, Code 2023, is
10amended to read as follows:
112. The unit Child support services is providing services
12pursuant to chapter 252B.
13 Sec. 941. Section 252H.18A, subsection 1, unnumbered
14paragraph 1, Code 2023, is amended to read as follows:
15If a support order is not eligible for review and adjustment
16because the support order is outside of the minimum time frames
17specified by rule of the department, a parent may request a
18review and administrative modification by submitting all of the
19following to the unit child support services:
20 Sec. 942. Section 252H.18A, subsection 2, Code 2023, is
21amended to read as follows:
222. Upon receipt of the request and all documentation
23required in subsection 1, the unit child support services shall
24review the request and documentation and if appropriate shall
25issue a notice of intent to modify as provided in section
26252H.19.
27 Sec. 943. Section 252H.19, subsection 1, Code 2023, is
28amended to read as follows:
291. The unit Child support services shall issue a notice of
30intent to modify to each parent. Notice to a child support
31agency or an agency entitled to receive child or medical
32support payments as the result of an assignment of support
33rights is not required.
34 Sec. 944. Section 252H.19, subsection 2, unnumbered
35paragraph 1, Code 2023, is amended to read as follows:
-683- 1The notice shall be served upon each parent in accordance
2with the rules of civil procedure, except that a parent
3requesting modification shall, at the time of the request,
4waive the right to personal service of the notice in writing
5and accept service by regular mail. The unit Child support
6services shall adopt rules pursuant to chapter 17A to ensure
7that all of the following are included in the notice:
8 Sec. 945. Section 252H.20, Code 2023, is amended to read as
9follows:
10252H.20 Conference — second notice and finding of financial
11responsibility.
121. Each parent shall have the right to request a conference
13with the office of the unit that issued the notice of intent
14to modify child support services. The request may be made in
15person, in writing, or by telephone, and shall be made within
16ten days of the date of successful service of the notice of
17intent to modify.
182. A parent requesting a conference shall submit
19any required fee no later than the date of the scheduled
20conference. A conference shall not be held unless the required
21fee is paid in full.
223. Upon a request and full payment of any required fee,
23the office of the unit that issued the notice of intent to
24modify child support services shall schedule a conference with
25the parent and advise the parent of the date, time, place, and
26procedural aspects of the conference. The unit Child support
27services shall adopt rules pursuant to chapter 17A to specify
28the manner in which a conference is conducted and the purpose
29of the conference.
304. Following the conference, the office of the unit that
31conducted the review child support services shall issue a
32second notice of proposed modification and finding of financial
33responsibility to the parent requesting the conference. The
34unit Child support services shall adopt rules pursuant to
35chapter 17A to ensure that all of the following are included
-684-1in the notice:
2a. Information sufficient to identify the affected parties
3and the support order or orders affected.
4b. If the unit child support services will continue or
5terminate the action.
6c. Procedures for contesting the action and the applicable
7time frames for actions by the parents.
8d. Other information, as appropriate.
9 Sec. 946. Section 252H.21, subsection 2, paragraph c,
10subparagraph (2), Code 2023, is amended to read as follows:
11(2) Increase or decrease the amount of the child support
12order calculated in subparagraph (1) for each subsequent year
13by applying the appropriate consumer price index for each
14subsequent year to the result of the calculation for the
15previous year. The final year in the calculation shall be the
16year immediately preceding the year the unit child support
17services received the completed request for the cost-of-living
18alteration.
19 Sec. 947. Section 252H.22, subsection 3, Code 2023, is
20amended to read as follows:
213. The unit Child support services is providing enforcement
22services for the ongoing support obligation pursuant to chapter
23252B.
24 Sec. 948. Section 252H.23, unnumbered paragraph 1, Code
252023, is amended to read as follows:
26A parent may request a cost-of-living alteration by
27submitting all of the following to the unit child support
28services:
29 Sec. 949. Section 252H.24, Code 2023, is amended to read as
30follows:
31252H.24 Role of the child support recovery unit services —
32filing and docketing of cost-of-living alteration order — order
33effective as district court order.
341. Upon receipt of a request and required documentation for
35a cost-of-living alteration, the unit child support services
-685-1 shall issue a notice of the amount of cost-of-living alteration
2by regular mail to the last known address of each parent,
3or, if applicable, each parent’s attorney. The notice shall
4include all of the following:
5a. A statement that either parent may contest the
6cost-of-living alteration within thirty days of the date of
7the notice by making a request for a review of a support order
8as provided in section 252H.13, and if either parent does not
9make a request for a review within thirty days, the unit child
10support services shall prepare an administrative order as
11provided in subsection 4.
12b. A statement that the parent may waive the thirty-day
13notice waiting period provided for in this section.
142. Upon timely receipt of a request and required
15documentation for a review of a support order as provided
16in subsection 1 from either parent, the unit child support
17services shall terminate the cost-of-living alteration process
18and apply the provisions of subchapters I and II of this
19chapter relating to review and adjustment.
203. Upon receipt of signed requests from both parents subject
21to the support order, waiving the notice waiting period, the
22unit child support services may prepare an administrative order
23pursuant to subsection 4 altering the support obligation.
244. If timely request for a review pursuant to section
25252H.13 is not made, and if the thirty-day notice waiting
26period has expired, or if both parents have waived the notice
27waiting period, the unit child support services shall prepare
28and present an administrative order for a cost-of-living
29alteration, ex parte, to the district court where the order to
30be altered is filed.
315. Unless defects appear on the face of the administrative
32order or on the attachments, the district court shall approve
33the order. Upon filing, the approved order shall have the
34same force, effect, and attributes of an order of the district
35court.
-686- 16. Upon filing, the clerk of the district court shall enter
2the order in the judgment docket and judgment lien index.
37. If the parents jointly waive the thirty-day notice
4waiting period, the signed statements of both parents waiving
5the notice period shall be filed in the court record with the
6administrative order altering the support obligation.
78. The unit Child support services shall send a copy of
8the order by regular mail to each parent’s last known address,
9or, if applicable, to the last known address of the parent’s
10attorney.
119. An administrative order approved by the district court is
12final, and action by the unit child support services to enforce
13and collect upon the order may be taken from the date of the
14entry of the order by the district court.
15 Sec. 950. Section 252I.1, Code 2023, is amended to read as
16follows:
17252I.1 Definitions.
18As used in this chapter, unless the context otherwise
19requires:
201. “Account” means “account” as defined in section 524.103,
21the savings or deposits of a member received or being held
22by a credit union, or certificates of deposit. “Account”
23also includes deposits held by an agent, a broker-dealer,
24or an issuer as defined in section 502.102 and money-market
25mutual fund accounts and “account” as defined in 42 U.S.C.
26§666(a)(17). However, “account” does not include amounts held
27by a financial institution as collateral for loans extended by
28the financial institution.
292. “Bank” means “bank”, “insured bank”, and “state bank” as
30defined in section 524.103.
313. “Child support services” means child support services
32created in section 252B.2.
333. 4. “Court order” means “support order” as defined in
34section 252J.1.
354. 5. “Credit union” means “credit union” as defined in
-687-1section 533.102.
25. 6. “Financial institution” means “financial institution”
3as defined in 42 U.S.C. §669A(d)(1). “Financial institution”
4also includes an institution which holds deposits for an agent,
5broker-dealer, or an issuer as defined in section 502.102.
66. 7. “Obligor” means a person who has been ordered by a
7court or administrative authority to pay support.
87. 8. “Support” or “support payments” means “support” or
9“support payments” as defined in section 252D.16.
108. “Unit” or “child support recovery unit” means the child
11support recovery unit created in section 252B.2.
129. “Working days” means only Monday, Tuesday, Wednesday,
13Thursday, and Friday, but excluding the holidays specified in
14section 1C.2, subsection 1.
15 Sec. 951. Section 252I.2, Code 2023, is amended to read as
16follows:
17252I.2 Purpose and use.
181. Notwithstanding other statutory provisions which provide
19for the execution, attachment, or levy against accounts, the
20unit child support services may utilize the process established
21in this chapter to collect delinquent support payments provided
22that any exemptions or exceptions which specifically apply to
23enforcement of support obligations pursuant to other statutory
24provisions also apply to this chapter.
252. An obligor is subject to the provisions of this chapter
26if the obligor’s support obligation is being enforced by the
27 child support recovery unit services, and if the support
28payments ordered under chapter 232, 234, 252A, 252C, 252D,
29252E, 252F, 598, 600B, or any other applicable chapter,
30or under a comparable statute of another state or foreign
31country, as certified to the child support recovery unit
32 services, are not paid to the clerk of the district court or
33the collection services center pursuant to section 598.22 and
34become delinquent in an amount equal to the support payment for
35one month.
-688- 13. Any amount forwarded by a financial institution under
2this chapter shall not exceed the amounts specified in 15
3U.S.C. §1673(b) and shall not exceed the delinquent or accrued
4amount of support owed by the obligor.
5 Sec. 952. Section 252I.3, Code 2023, is amended to read as
6follows:
7252I.3 Initial notice to obligor.
8The unit Child support services or the district court
9may include language in any new or modified support order
10issued on or after July 1, 1994, notifying the obligor that
11the obligor is subject to the provisions of this chapter.
12However, this chapter is sufficient notice for implementation
13of administrative levy provisions without further notice of the
14provisions of this chapter.
15 Sec. 953. Section 252I.4, Code 2023, is amended to read as
16follows:
17252I.4 Verification of accounts and immunity from liability.
181. The unit Child support services may contact a financial
19institution to obtain verification of the account number, the
20names and social security numbers listed for the account, and
21the account balance of any account held by an obligor. Contact
22with a financial institution may be by telephone or by written
23communication. The financial institution may require positive
24voice recognition and may require the telephone number of the
25authorized person from the unit child support services before
26releasing an obligor’s account information by telephone.
272. The unit Child support services and financial
28institutions doing business in Iowa shall enter into agreements
29to develop and operate a data match system, using automated
30data exchanges to the maximum extent feasible. The data
31match system shall allow a means by which each financial
32institution shall provide to the unit child support services
33 for each calendar quarter the name, record address, social
34security number or other taxpayer identification number, and
35other identifying information for each obligor who maintains
-689-1an account at the institution and who owes past-due support,
2as identified by the unit child support services by name and
3social security number or other taxpayer identification number.
4The unit Child support services shall work with representatives
5of financial institutions to develop a system to assist
6nonautomated financial institutions in complying with the
7provisions of this section.
83. The unit Child support services may pay a reasonable
9fee to a financial institution for conducting the data match
10required in subsection 2, not to exceed the lower of either
11one hundred fifty dollars for each quarterly data match or the
12actual costs incurred by the financial institution for each
13quarterly data match. However, the unit child support services
14 may also adopt rules pursuant to chapter 17A to specify a fee
15amount for each quarterly data match based upon the estimated
16state share of funds collected under this chapter, which,
17when adopted, shall be applied in lieu of the one hundred
18fifty dollar fee under this subsection. In addition, the unit
19 child support services may pay a reasonable fee to a financial
20institution for automation programming development performed
21in order to conduct the data match required in subsection 2,
22not to exceed the lower of either five hundred dollars or
23the actual costs incurred by the financial institution. The
24unit Child support services may use the state share of funds
25collected under this chapter to pay the fees to financial
26institutions under this subsection. For state fiscal years
27beginning July 1, 1999, and July 1, 2000, the unit child
28support services may use up to one hundred percent of the
29state share of such funds. For state fiscal years beginning
30on or after July 1, 2001, the unit child support services may
31use up to fifty percent of the state share of such funds.
32Notwithstanding any other provision of law to the contrary,
33a financial institution shall have until a date provided in
34the agreement in subsection 2 to submit its claim for a fee
35under this subsection. If the unit child support services
-690-1 does not have sufficient funds available under this subsection
2for payment of fees under this subsection for conducting data
3matches or for automation program development performed in the
4fiscal year beginning July 1, 1999, the cost may be carried
5forward to the fiscal year beginning July 1, 2000. The unit
6 Child support services may also use funds from an amount
7assessed a child support agency of another state, as defined in
8section 252H.2, to conduct a data match requested by that child
9support agency as provided in 42 U.S.C. §666(a)(14) to pay fees
10to financial institutions under this subsection.
114. a. A financial institution is immune from any liability
12in any action or proceeding, whether civil or criminal, for any
13of the following:
14(1) The disclosure of any information by a financial
15institution to the unit child support services pursuant to
16this chapter or the rules or procedures adopted by the unit
17 child support services to implement this chapter, including
18disclosure of information relating to an obligor who maintains
19an account with the financial institution or disclosure of
20information relating to any other person who maintains an
21account with the financial institution that is provided for
22the purpose of complying with the data match requirements of
23this section and with the agreement entered into between the
24financial institution and the unit child support services
25 pursuant to subsection 2.
26(2) Any encumbrance or surrender of any assets held by a
27financial institution in response to a notice of lien or levy
28issued by the unit child support services.
29(3) Any action or omission in connection with good faith
30efforts to comply with this chapter or any rules or procedures
31that are adopted by the unit child support services to
32implement this chapter.
33(4) The disclosure, use, or misuse by the unit child
34support services or by any other person of information provided
35or assets delivered to the unit child support services by a
-691-1financial institution.
2b. For the purposes of this section, “financial institution”
3includes officers, directors, employees, contractors, and
4agents of the financial institution.
55. The financial institution or the unit child support
6services is not liable for the cost of any early withdrawal
7penalty of an obligor’s certificate of deposit.
8 Sec. 954. Section 252I.5, subsections 1 and 2, Code 2023,
9are amended to read as follows:
101. If an obligor is subject to this chapter under section
11252I.2, the unit child support services may initiate an
12administrative action to levy against the accounts of the
13obligor.
142. The unit Child support services may send a notice to
15the financial institution with which the account is placed,
16directing that the financial institution forward all or a
17portion of the moneys in the obligor’s account or accounts to
18the collection services center established pursuant to chapter
19252B. The notice shall be sent by regular mail, with proof of
20service completed according to rule of civil procedure 1.442.
21 Sec. 955. Section 252I.5, subsection 3, paragraph g, Code
222023, is amended to read as follows:
23g. A telephone number, and address, and contact name of the
24 for child support recovery unit contact initiating the action
25 services.
26 Sec. 956. Section 252I.6, Code 2023, is amended to read as
27follows:
28252I.6 Administrative levy — notice to support obligor.
291. The unit Child support services may administratively
30initiate an action to seize accounts of an obligor who is
31subject to this chapter under section 252I.2.
322. The unit Child support services shall notify an obligor
33subject to this chapter, and any other party known to have
34an interest in the account, of the action. The notice shall
35contain all of the following:
-692- 1a. The name of the obligor.
2b. A statement that the obligor is believed to have one or
3more accounts at the financial institution.
4c. A statement that pursuant to the provisions of this
5chapter, the obligor’s accounts are subject to seizure and the
6financial institution is authorized and required to forward
7moneys to the collection services center.
8d. The maximum amount to be forwarded by the financial
9institution, which shall not exceed the delinquent or accrued
10amount of support owed by the obligor.
11e. The prescribed time frames within which the financial
12institution must comply.
13f. A statement that any challenge to the action shall be
14in writing and shall be received by the child support recovery
15unit services within ten days of the date of the notice to the
16obligor.
17g. The address of the collection services center and the
18collection services center account number.
19h. A telephone number, and address, and contact name for
20the child support recovery unit contact initiating the action
21 services.
223. The unit Child support services shall forward the notice
23to the obligor by regular mail within two working days of
24sending the notice to the financial institution pursuant to
25section 252I.5. Proof of service shall be completed according
26to rule of civil procedure 1.442.
27 Sec. 957. Section 252I.7, subsections 1 and 2, Code 2023,
28are amended to read as follows:
291. Immediately encumber funds in all accounts in which the
30obligor has an interest to the extent of the debt indicated in
31the notice from the unit child support services.
322. No sooner than fifteen days, and no later than twenty
33days from the date the financial institution receives the
34notice under section 252I.5, unless notified by the unit child
35support services of a challenge by the obligor or an account
-693-1holder of interest, the financial institution shall forward the
2moneys encumbered to the collection services center with the
3obligor’s name and social security number, collection services
4center account number, and any other information required in
5the notice.
6 Sec. 958. Section 252I.8, Code 2023, is amended to read as
7follows:
8252I.8 Challenges to action.
91. Challenges under this chapter may be initiated only by an
10obligor or by an account holder of interest. Actions initiated
11by the unit child support services under this chapter are not
12subject to chapter 17A, and resulting court hearings following
13certification shall be an original hearing before the district
14court.
152. The person challenging the action shall submit a written
16challenge to the person identified as the contact for the unit
17in the notice child support services, within ten working days
18of the date of the notice.
193. The unit Child support services shall, upon receipt of
20a written challenge, review the facts of the case with the
21challenging party. Only a mistake of fact, including but
22not limited to, a mistake in the identity of the obligor or
23a mistake in the amount of delinquent support due shall be
24considered as a reason to dismiss or modify the proceeding.
254. If the unit child support services determines that a
26mistake of fact has occurred the unit, child support services
27 shall proceed as follows:
28a. If a mistake in identity has occurred or the obligor is
29not delinquent in an amount equal to the payment for one month,
30the unit child support services shall notify the financial
31institution that the administrative levy has been released.
32The unit Child support services shall provide a copy of the
33notice to the support obligor by regular mail.
34b. If the obligor is delinquent, but the amount of the
35delinquency is less than the amount indicated in the notice,
-694-1the unit child support services shall notify the financial
2institution of the revised amount with a copy of the notice and
3issue a copy to the obligor or forward a copy to the obligor
4by regular mail. Upon written receipt of instructions from
5the unit child support services, the financial institution
6shall release the funds in excess of the revised amount to
7the obligor and the moneys in the amount of the debt shall be
8processed according to section 252I.7.
95. If the unit child support services finds no mistake of
10fact, the unit child support services shall provide a notice
11to that effect to the challenging party by regular mail. Upon
12written request of the challenging party, the unit child
13support services shall request a hearing before the district
14court in the county in which the underlying support order is
15filed.
16a. The financial institution shall encumber moneys if the
17 child support recovery unit services notifies the financial
18institution to do so.
19b. The clerk of the district court shall schedule a hearing
20upon the request by the unit child support services for a
21time not later than ten calendar days after the filing of
22the request for hearing. The clerk shall mail copies of the
23request for hearing and the order scheduling the hearing to
24the unit child support services and to all account holders of
25interest.
26c. If the court finds that there is a mistake of identity or
27that the obligor does not owe the delinquent support, the unit
28 child support services shall notify the financial institution
29that the administrative levy has been released.
30d. If the court finds that the obligor has an interest in
31the account, and the amount of support due was incorrectly
32overstated, the unit child support services shall notify the
33financial institution to release the excess moneys to the
34obligor and remit the remaining moneys in the amount of the
35debt to the collection services center for disbursement to the
-695-1appropriate recipient.
2e. If the court finds that the obligor has an interest
3in the account, and the amount of support due is correct,
4the financial institution shall forward the moneys to the
5collection services center for disbursement to the appropriate
6recipient.
7f. If the obligor or any other party known to have an
8interest in the account fails to appear at the hearing, the
9court may find the challenging party in default, shall ratify
10the administrative levy, if valid upon its face, and shall
11enter an order directing the financial institution to release
12the moneys to the unit child support services.
13g. Issues related to visitation, custody, or other
14provisions not related to levies against accounts are not
15grounds for a hearing under this chapter.
16h. Support orders shall not be modified under a challenge
17pursuant to this section.
18i. Any findings in the challenge of an administrative
19levy related to the amount of the accruing or accrued support
20obligation do not modify the underlying support order.
21j. An order entered under this chapter for a levy against
22an account of a support obligor has priority over a levy for a
23purpose other than the support of the dependents in the court
24order being enforced.
256. The support obligor may withdraw the request for
26challenge by submitting a written withdrawal to the person
27identified as the contact for the unit child support services
28 in the notice or the unit child support services may withdraw
29the administrative levy at any time prior to the court hearing
30and provide notice of the withdrawal to the obligor and any
31account holder of interest and to the financial institution, by
32regular mail.
337. If the financial institution has forwarded moneys to
34the collection services center and has deducted a fee from the
35moneys of the account, or if any additional fees or costs are
-696-1levied against the account, and all funds are subsequently
2refunded to the account due to a mistake of fact or ruling
3of the court, the child support recovery unit services shall
4reimburse the account for any fees assessed by the financial
5institution. If the mistake of fact is a mistake in the amount
6of support due and any portion of the moneys is retained as
7support payments, however, the unit child support services is
8not required to reimburse the account for any fees or costs
9levied against the account. Additionally, for the purposes
10of reimbursement to the account for any fees or costs, each
11certificate of deposit is considered a separate account.
12 Sec. 959. Section 252J.1, Code 2023, is amended to read as
13follows:
14252J.1 Definitions.
15As used in this chapter, unless the context otherwise
16requires:
171. “Certificate of noncompliance” means a document provided
18by the child support recovery unit services certifying that
19the named individual is not in compliance with any of the
20following:
21a. A support order.
22b. A written agreement for payment of support entered into
23by the unit child support services and the obligor.
24c. A subpoena or warrant relating to a paternity or support
25proceeding.
262. “Child support services” means child support services
27created in section 252B.2.
283. “Department” means the department of health and human
29services.
302. 4. “Individual” means a parent, an obligor, or a
31putative father in a paternity or support proceeding.
323. 5. “License” means a license, certification,
33registration, permit, approval, renewal, or other similar
34authorization issued to an individual by a licensing authority
35which evidences the admission to, or granting of authority to
-697-1engage in, a profession, occupation, business, industry, or
2recreation or to operate or register a motor vehicle. “License”
3includes licenses for hunting, fishing, boating, or other
4recreational activity.
54. 6. “Licensee” means an individual to whom a license has
6been issued, or who is seeking the issuance of a license.
75. 7. “Licensing authority” means a county treasurer,
8county recorder or designated depositary, the supreme court,
9or an instrumentality, agency, board, commission, department,
10officer, organization, or any other entity of the state, which
11has authority within this state to suspend or revoke a license
12or to deny the renewal or issuance of a license authorizing an
13individual to register or operate a motor vehicle or to engage
14in a business, occupation, profession, recreation, or industry.
156. 8. “Obligor” means a natural person as defined
16in section 252G.1 who has been ordered by a court or
17administrative authority to pay support.
187. 9. “Subpoena or warrant” means a subpoena or warrant
19relating to a paternity or support proceeding initiated or
20obtained by the unit child support services or a child support
21agency as defined in section 252H.2.
228. 10. “Support” means support or support payments as
23defined in section 252D.16, whether established through court
24or administrative order.
259. 11. “Support order” means an order for support issued
26pursuant to chapter 232, 234, 252A, 252C, 252D, 252E, 252F,
27252H, 598, 600B, or any other applicable chapter, or under
28a comparable statute of another state or foreign country as
29registered with the clerk of the district court or certified to
30the child support recovery unit services.
3110. “Unit” means the child support recovery unit created in
32section 252B.2.
3311. 12. “Withdrawal of a certificate of noncompliance”
34means a document provided by the unit child support services
35 certifying that the certificate of noncompliance is withdrawn
-698-1and that the licensing authority may proceed with issuance,
2reinstatement, or renewal of an individual’s license.
3 Sec. 960. Section 252J.2, Code 2023, is amended to read as
4follows:
5252J.2 Purpose and use.
61. Notwithstanding other statutory provisions to the
7contrary, and if an individual has not been cited for contempt
8and enjoined from engaging in the activity governed by a
9license pursuant to section 598.23A, the unit child support
10services may utilize the process established in this chapter
11to collect support.
122. For cases in which services are provided by the unit
13 child support services all of the following apply:
14a. An obligor is subject to the provisions of this chapter
15if the obligor’s support obligation is being enforced by the
16unit child support services, if the support payments required
17by a support order to be paid to the clerk of the district
18court or the collection services center pursuant to section
19598.22 are not paid and become delinquent in an amount equal
20to the support payment for three months, and if the obligor’s
21situation meets other criteria specified under rules adopted by
22the department pursuant to chapter 17A.The criteria specified
23by rule shall include consideration of the length of time since
24the obligor’s last support payment and the total amount of
25support owed by the obligor.
26b. An individual is subject to the provisions of this
27chapter if the individual has failed, after receiving
28appropriate notice, to comply with a subpoena or warrant.
293. Actions initiated by the unit child support services
30 under this chapter shall not be subject to contested case
31proceedings or further review pursuant to chapter 17A and any
32resulting court hearing shall be an original hearing before the
33district court.
344. Notwithstanding chapter 22, all of the following apply:
35a. Information obtained by the unit child support services
-699-1 under this chapter shall be used solely for the purposes of
2this chapter or chapter 252B.
3b. Information obtained by a licensing authority shall be
4used solely for the purposes of this chapter.
5 Sec. 961. Section 252J.3, Code 2023, is amended to read as
6follows:
7252J.3 Notice to individual of potential sanction of license.
8The unit Child support services shall proceed in accordance
9with this chapter only if the unit child support services sends
10a notice to the individual by regular mail to the last known
11address of the individual. The notice shall include all of the
12following:
131. The address and telephone number of the unit child
14support services and the unit the child support services’ case
15number.
162. A statement that the obligor is not in compliance with
17a support order or the individual has not complied with a
18subpoena or warrant.
193. A statement that the individual may request a conference
20with the unit child support services to contest the action.
214. A statement that if, within twenty days of mailing of
22the notice to the individual, the individual fails to contact
23the unit child support services to schedule a conference,
24the unit child support services shall issue a certificate of
25noncompliance, bearing the individual’s name, social security
26number and unit the child support services’ case number, to any
27appropriate licensing authority, certifying that the obligor is
28not in compliance with a support order or an individual has not
29complied with a subpoena or warrant.
305. A statement that in order to stay the issuance of a
31certificate of noncompliance the request for a conference shall
32be in writing and shall be received by the unit child support
33services within twenty days of mailing of the notice to the
34individual.
356. The names of the licensing authorities to which the
-700-1unit child support services intends to issue a certificate of
2noncompliance.
37. A statement that if the unit child support services
4 issues a certificate of noncompliance to an appropriate
5licensing authority, the licensing authority shall initiate
6proceedings to refuse to issue or renew, or to suspend or
7revoke the individual’s license, unless the unit child support
8services provides the licensing authority with a withdrawal of
9a certificate of noncompliance.
10 Sec. 962. Section 252J.4, Code 2023, is amended to read as
11follows:
12252J.4 Conference.
131. The individual may schedule a conference with the unit
14 child support services following mailing of the notice pursuant
15to section 252J.3, or at any time after service of notice of
16suspension, revocation, denial of issuance, or nonrenewal of
17a license from a licensing authority, to challenge the unit’s
18 child support services’ actions under this chapter.
192. The request for a conference shall be made to the unit
20 child support services, in writing, and, if requested after
21mailing of the notice pursuant to section 252J.3, shall be
22received by the unit child support services within twenty days
23following mailing of the notice.
243. The unit Child support services shall notify the
25individual of the date, time, and location of the conference by
26regular mail, with the date of the conference to be no earlier
27than ten days following issuance of notice of the conference
28by the unit child support services, unless the individual and
29the unit child support services agree to an earlier date which
30may be the same date the individual requests the conference.
31If the individual fails to appear at the conference, the
32unit child support services shall issue a certificate of
33noncompliance.
344. Following the conference, the unit child support
35services shall issue a certificate of noncompliance unless any
-701-1of the following applies:
2a. The unit Child support services finds a mistake in the
3identity of the individual.
4b. The unit Child support services finds a mistake in
5determining that the amount of delinquent support is equal to
6or greater than three months.
7c. The obligor enters a written agreement with the unit
8 child support services to comply with a support order, the
9obligor complies with an existing written agreement to comply
10with a support order, or the obligor pays the total amount of
11delinquent support due.
12d. Issuance of a certificate of noncompliance is not
13appropriate under other criteria established in accordance with
14rules adopted by the department pursuant to chapter 17A.
15e. The unit Child support services finds a mistake in
16determining the compliance of the individual with a subpoena
17or warrant.
18f. The individual complies with a subpoena or warrant.
195. The unit Child support services shall grant the
20individual a stay of the issuance of a certificate of
21noncompliance upon receiving a timely written request
22for a conference, and if a certificate of noncompliance
23has previously been issued, shall issue a withdrawal of a
24certificate of noncompliance if the obligor enters into a
25written agreement with the unit child support services to
26comply with a support order or if the individual complies with
27a subpoena or warrant.
286. If the individual does not timely request a conference
29or does not comply with a subpoena or warrant or if the
30obligor does not pay the total amount of delinquent support
31owed within twenty days of mailing of the notice pursuant to
32section 252J.3, the unit child support services shall issue a
33certificate of noncompliance.
34 Sec. 963. Section 252J.5, Code 2023, is amended to read as
35follows:
-702- 1252J.5 Written agreement.
21. If an obligor is subject to this chapter as established
3in section 252J.2, subsection 2, paragraph “a”, the obligor
4and the unit child support services may enter into a written
5agreement for payment of support and compliance which takes
6into consideration the obligor’s ability to pay and other
7criteria established by rule of the department. The written
8agreement shall include all of the following:
9a. The method, amount, and dates of support payments by the
10obligor.
11b. A statement that upon breach of the written agreement
12by the obligor, the unit child support services shall issue
13a certificate of noncompliance to any appropriate licensing
14authority.
152. A written agreement entered into pursuant to this section
16does not preclude any other remedy provided by law and shall
17not modify or affect an existing support order.
183. Following issuance of a certificate of noncompliance,
19if the obligor enters into a written agreement with the unit
20 child support services, the unit child support services shall
21issue a withdrawal of the certificate of noncompliance to any
22appropriate licensing authority and shall forward a copy of the
23withdrawal by regular mail to the obligor.
24 Sec. 964. Section 252J.6, Code 2023, is amended to read as
25follows:
26252J.6 Decision of the unit child support services.
271. If an obligor is not in compliance with a support order
28or the individual is not in compliance with a subpoena or
29warrant pursuant to section 252J.2, the unit child support
30services mails a notice to the individual pursuant to section
31252J.3, and the individual requests a conference pursuant to
32section 252J.4, the unit child support services shall issue a
33written decision if any of the following conditions exists:
34a. The individual fails to appear at a scheduled conference
35under section 252J.4.
-703- 1b. A conference is held under section 252J.4.
2c. The obligor fails to comply with a written agreement
3entered into by the obligor and the unit child support services
4 under section 252J.5.
52. The unit Child support services shall send a copy of
6the written decision to the individual by regular mail at the
7individual’s most recent address of record. If the decision
8is made to issue a certificate of noncompliance or to withdraw
9the certificate of noncompliance, a copy of the certificate
10of noncompliance or of the withdrawal of the certificate of
11noncompliance shall be attached to the written decision. The
12written decision shall state all of the following:
13a. That the certificate of noncompliance or withdrawal
14of the certificate of noncompliance has been provided to the
15licensing authorities named in the notice provided pursuant to
16section 252J.3.
17b. That upon receipt of a certificate of noncompliance,
18the licensing authority shall initiate proceedings to suspend,
19revoke, deny issuance, or deny renewal of a license, unless
20the licensing authority is provided with a withdrawal of a
21certificate of noncompliance from the unit child support
22services.
23c. That in order to obtain a withdrawal of a certificate of
24noncompliance from the unit child support services, the obligor
25shall enter into a written agreement with the unit child
26support services, comply with an existing written agreement
27with the unit child support services, or pay the total amount
28of delinquent support owed or the individual shall comply with
29a subpoena or warrant.
30d. That if the unit child support services issues a written
31decision which includes a certificate of noncompliance, that
32 all of the following apply:
33(1) The individual may request a hearing as provided in
34section 252J.9, before the district court as follows:
35(a) If the action is a result of section 252J.2, subsection
-704-12, paragraph “a”, in the county in which the underlying support
2order is filed, by filing a written application to the court
3challenging the issuance of the certificate of noncompliance
4by the unit child support services and sending a copy of the
5application to the unit child support services within the time
6period specified in section 252J.9.
7(b) If the action is a result of section 252J.2, subsection
82, paragraph “b”, and the individual is not an obligor, in the
9county in which the dependent child or children reside if the
10child or children reside in Iowa; in the county in which the
11dependent child or children last received public assistance if
12the child or children received public assistance in Iowa; or
13in the county in which the individual resides if the action is
14the result of a request from a child support agency in another
15state or foreign country.
16(2) The individual may retain an attorney at the
17individual’s own expense to represent the individual at the
18hearing.
19(3) The scope of review of the district court shall be
20limited to demonstration of a mistake of fact related to the
21delinquency of the obligor or the compliance of the individual
22with a subpoena or warrant.
233. If the unit child support services issues a certificate
24of noncompliance, the unit child support services shall only
25issue a withdrawal of the certificate of noncompliance if any
26of the following applies:
27a. The unit Child support services or the court finds a
28mistake in the identity of the individual.
29b. The unit Child support services finds a mistake in
30determining compliance with a subpoena or warrant.
31c. The unit Child support services or the court finds a
32mistake in determining that the amount of delinquent support
33due is equal to or greater than three months.
34d. The obligor enters a written agreement with the unit
35 child support services to comply with a support order, the
-705-1obligor complies with an existing written agreement to comply
2with a support order, or the obligor pays the total amount of
3delinquent support owed.
4e. The individual complies with the subpoena or warrant.
5f. Issuance of a withdrawal of the certificate of
6noncompliance is appropriate under other criteria in accordance
7with rules adopted by the department pursuant to chapter 17A.
8 Sec. 965. Section 252J.7, subsection 1, Code 2023, is
9amended to read as follows:
101. If the individual fails to respond to the notice of
11potential license sanction provided pursuant to section 252J.3
12or the unit child support services issues a written decision
13under section 252J.6 which states that the individual is not
14in compliance, the unit child support services shall issue
15a certificate of noncompliance to any appropriate licensing
16authority.
17 Sec. 966. Section 252J.8, subsection 2, Code 2023, is
18amended to read as follows:
192. In addition to other grounds for suspension, revocation,
20or denial of issuance or renewal of a license, a licensing
21authority shall include in rules adopted by the licensing
22authority as grounds for suspension, revocation, or denial of
23issuance or renewal of a license, the receipt of a certificate
24of noncompliance from the unit child support services.
25 Sec. 967. Section 252J.8, subsection 4, paragraph c,
26subparagraphs (1), (2), and (3), Code 2023, are amended to read
27as follows:
28(1) The licensing authority intends to suspend, revoke, or
29deny issuance or renewal of an individual’s license due to the
30receipt of a certificate of noncompliance from the unit child
31support services.
32(2) The individual must contact the unit child support
33services to schedule a conference or to otherwise obtain a
34withdrawal of a certificate of noncompliance.
35(3) Unless the unit child support services furnishes a
-706-1withdrawal of a certificate of noncompliance to the licensing
2authority within thirty days of the issuance of the notice
3under this section, the individual’s license will be revoked,
4suspended, or denied.
5 Sec. 968. Section 252J.8, subsection 5, Code 2023, is
6amended to read as follows:
75. If the licensing authority receives a withdrawal of
8a certificate of noncompliance from the unit child support
9services, the licensing authority shall immediately reinstate,
10renew, or issue a license if the individual is otherwise in
11compliance with licensing requirements established by the
12licensing authority.
13 Sec. 969. Section 252J.9, subsection 1, unnumbered
14paragraph 1, Code 2023, is amended to read as follows:
15Following the issuance of a written decision by the unit
16 child support services under section 252J.6 which includes
17the issuance of a certificate of noncompliance, or following
18provision of notice to the individual by a licensing authority
19pursuant to section 252J.8, an individual may seek review of
20the decision and request a hearing before the district court
21as follows:
22 Sec. 970. Section 252J.9, subsection 1, paragraph a, Code
232023, is amended to read as follows:
24a. 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 an application with the district
27court, and sending a copy of the application to the unit by
28regular mail child support services.
29 Sec. 971. Section 252J.9, subsections 2 and 6, Code 2023,
30are amended to read as follows:
312. An application shall be filed to seek review of the
32decision by the unit child support services or following
33issuance of notice by the licensing authority no later than
34within thirty days after the issuance of the notice pursuant to
35section 252J.8. The clerk of the district court shall schedule
-707-1a hearing and mail a copy of the order scheduling the hearing
2to the individual and the unit child support services and shall
3also mail a copy of the order to the licensing authority, if
4applicable. The unit Child support services shall certify a
5copy of its written decision and certificate of noncompliance,
6indicating the date of issuance, and the licensing authority
7shall certify a copy of a notice issued pursuant to section
8252J.8, to the court prior to the hearing.
96. If the court finds that the unit child support services
10 was in error in issuing a certificate of noncompliance,
11or in failing to issue a withdrawal of a certificate of
12noncompliance, the unit child support services shall issue a
13withdrawal of a certificate of noncompliance to the appropriate
14licensing authority.
15 Sec. 972. Section 252K.103, Code 2023, is amended to read
16as follows:
17252K.103 State tribunal and support enforcement agency.
181. The child Child support recovery unit services when
19the unit child support services establishes or modifies an
20order, upon ratification by the court, and the court, are the
21tribunals of this state.
222. The child Child support recovery unit services created in
23section 252B.2 is the support enforcement agency of this state.
24 Sec. 973. Section 252K.201, subsection 1, paragraph g, Code
252023, is amended to read as follows:
26g. The individual asserted parentage of a child in the
27declaration of paternity registry maintained in this state
28by the Iowa department of public health and human services
29 pursuant to section 144.12A or established paternity by
30affidavit under section 252A.3A.
31 Sec. 974. Section 252K.310, subsection 1, Code 2023, is
32amended to read as follows:
331. The child Child support recovery unit services is the
34state information agency under this chapter.
35 Sec. 975. Section 252K.319, subsection 2, unnumbered
-708-1paragraph 1, Code 2023, is amended to read as follows:
2If neither the obligor, nor the obligee who is an individual,
3nor the child resides in this state, upon request from the
4support enforcement agency of this state or another state, the
5 child support recovery unit services or a tribunal of this
6state shall:
7 Sec. 976. Section 252K.703, Code 2023, is amended to read
8as follows:
9252K.703 Relationship of child support recovery unit services
10 to United States central authority.
11The child Child support recovery unit services of this state
12is recognized as the agency designated by the United States
13central authority to perform specific functions under the
14convention.
15 Sec. 977. Section 252K.704, Code 2023, is amended to read
16as follows:
17252K.704 Initiation by child support recovery unit services
18 of support proceeding under convention.
191. In a support proceeding under this article, the child
20support recovery unit services of this state shall:
21a. Transmit and receive applications.
22b. Initiate or facilitate the institution of a proceeding
23regarding an application in a tribunal of this state.
242. The following support proceedings are available to an
25obligee under the convention:
26a. Recognition or recognition and enforcement of a foreign
27support order.
28b. Enforcement of a support order issued or recognized in
29this state.
30c. Establishment of a support order if there is no existing
31order, including, if necessary, determination of parentage of a
32child.
33d. Establishment of a support order if recognition of
34a foreign support order is refused under section 252K.708,
35subsection 2, paragraph “b”, “d”, or “i”.
-709- 1e. Modification of a support order of a tribunal of this
2state.
3f. Modification of a support order of a tribunal of another
4state or a foreign country.
53. The following support proceedings are available under
6the convention to an obligor against which there is an existing
7support order:
8a. Recognition of an order suspending or limiting
9enforcement of an existing support order of a tribunal of this
10state.
11b. Modification of a support order of a tribunal of this
12state.
13c. Modification of a support order of a tribunal of another
14state or a foreign country.
154. A tribunal of this state may not require security, bond,
16or deposit, however described, to guarantee the payment of
17costs and expenses in proceedings under the convention.
18 Sec. 978. Section 252K.705, subsection 4, Code 2023, is
19amended to read as follows:
204. A petitioner filing a direct request is not entitled to
21assistance from the child support recovery unit services.
22 Sec. 979. Section 252K.708, subsection 3, paragraph b, Code
232023, is amended to read as follows:
24b. The child Child support recovery unit services shall take
25all appropriate measures to request a child support order for
26the obligee if the application for recognition and enforcement
27was received under section 252K.704.
28 Sec. 980. Section 256.1, subsection 1, paragraph e, Code
292023, is amended to read as follows:
30e. Educational supervision over the elementary and secondary
31schools under the control of an administrator of a division of
32 the department of health and human services.
33 Sec. 981. Section 256.9, subsection 15, Code 2023, is
34amended to read as follows:
3515. Provide the same educational supervision for the
-710-1schools maintained by the director of health and human services
2as is provided for the public schools of the state and make
3recommendations to the director of health and human services
4for the improvement of the educational program in those
5institutions.
6 Sec. 982. Section 256.9, subsection 31, paragraph b, Code
72023, is amended to read as follows:
8b. Standards and materials developed shall include materials
9which employ developmentally appropriate practices and
10incorporate substantial parental involvement. The materials
11and standards shall include alternative teaching approaches
12including collaborative teaching and alternative dispute
13resolution training. The department shall consult with the
14child development coordinating council, the state child care
15advisory committee established pursuant to section 135.173A,
16the department of health and human services, the state board
17of regents center for early developmental education, the
18area education agencies, the department of human development
19and family studies in the college of human sciences at
20Iowa state university of science and technology, the early
21childhood elementary division of the college of education at
22the university of Iowa, and the college of education at the
23university of northern Iowa, in developing these standards and
24materials.
25 Sec. 983. Section 256.9, subsection 46, paragraph a, Code
262023, is amended to read as follows:
27a. Develop and make available to school districts, examples
28of age-appropriate and research-based materials and lists
29of resources which parents may use to teach their children
30to recognize unwanted physical and verbal sexual advances,
31to not make unwanted physical and verbal sexual advances,
32to effectively reject unwanted sexual advances, that it is
33wrong to take advantage of or exploit another person, about
34the dangers of sexual exploitation by means of the internet
35including specific strategies to help students protect
-711-1themselves and their personally identifiable information
2from such exploitation, and about counseling, medical, and
3legal resources available to survivors of sexual abuse and
4sexual assault, including resources for escaping violent
5relationships. The materials and resources shall cover verbal,
6physical, and visual sexual harassment, including nonconsensual
7sexual advances, and nonconsensual physical sexual contact. In
8developing the materials and resource list, the director shall
9consult with entities that shall include but not be limited to
10the departments of health and human services, public health,
11 and public safety, education stakeholders, and parent-teacher
12organizations. School districts shall provide age-appropriate
13and research-based materials and a list of available community
14and internet-based resources to parents at registration and
15shall also include the age-appropriate and research-based
16materials and resource list in the student handbook. School
17districts are encouraged to work with their communities to
18provide voluntary parent education sessions to provide parents
19with the skills and appropriate strategies to teach their
20children as described in this subsection. School districts
21shall incorporate the age-appropriate and research-based
22materials into relevant curricula and shall reinforce the
23importance of preventive measures when reasonable with parents
24and students.
25 Sec. 984. Section 256.9, subsection 50, unnumbered
26paragraph 1, Code 2023, is amended to read as follows:
27Convene, in collaboration with the department of public
28 health and human services, a nutrition advisory panel to
29review research in pediatric nutrition conducted in compliance
30with accepted scientific methods by recognized professional
31organizations and agencies including but not limited to the
32institute of medicine. The advisory panel shall submit its
33findings and recommendations, which shall be consistent with
34the dietary guidelines for Americans published jointly by the
35United States department of health and human services and
-712-1department of agriculture if in the judgment of the advisory
2panel the guidelines are supported by the research findings, in
3a report to the state board. The advisory panel may submit to
4the state board recommendations on standards related to federal
5school food programs if the recommendations are intended to
6exceed the existing federal guidelines. The state board
7shall consider the advisory panel report when establishing or
8amending the nutritional content standards required pursuant
9to section 256.7, subsection 29. The director shall convene
10the advisory panel by July 1, 2008, and every five years
11thereafter to review the report and make recommendations for
12changes as appropriate. The advisory panel shall include
13but is not limited to at least one Iowa state university
14extension nutrition and health field specialist and at least
15one representative from each of the following:
16 Sec. 985. Section 256.11, subsection 5, paragraph j,
17subparagraph (1), Code 2023, is amended to read as follows:
18(1) One unit of health education which shall include
19personal health; food and nutrition; environmental health;
20safety and survival skills; consumer health; family life;
21age-appropriate and research-based human growth and
22development; substance abuse use disorder and nonuse; emotional
23and social health; health resources; and prevention and control
24of disease, including age-appropriate and research-based
25information regarding sexually transmitted diseases, including
26HPV and the availability of a vaccine to prevent HPV, and
27acquired immune deficiency syndrome.
28 Sec. 986. Section 256.16, subsection 1, paragraphs b and l,
29Code 2023, are amended to read as follows:
30b. Include in the professional education program,
31preparation that contributes to the education of students
32with disabilities and students who are gifted and talented,
33preparation in developing and implementing individualized
34education programs and behavioral intervention plans,
35preparation for educating individuals in the least restrictive
-713-1environment and identifying that environment, strategies that
2address difficult and violent student behavior and improve
3academic engagement and achievement, and preparation in
4classroom management addressing high-risk behaviors including
5but not limited to behaviors related to substance abuse use
6disorder. Preparation required under this paragraph must be
7successfully completed before graduation from the practitioner
8preparation program.
9l. If the rules adopted by the board of educational
10examiners for issuance of any type or class of license require
11an applicant to complete work in student teaching, pre-student
12teaching experiences, field experiences, practicums, clinicals,
13or internships, enter into a written contract with any school
14district, accredited nonpublic school, preschool registered or
15licensed by the department of health and human services, or
16area education agency in Iowa, to provide for such work under
17terms and conditions as agreed upon by the contracting parties.
18The terms and conditions of a written contract entered into
19with a preschool pursuant to this paragraph shall require
20that a student teacher be under the direct supervision of an
21appropriately licensed cooperating teacher who is employed
22to teach at the preschool. Students actually teaching or
23engaged in preservice licensure activities in a school district
24under the terms of such a contract are entitled to the same
25protection under section 670.8 as is afforded by that section
26to officers and employees of the school district, during the
27time such students are so assigned.
28 Sec. 987. Section 256.35A, subsection 2, paragraph b, Code
292023, is amended to read as follows:
30b. In addition, representatives of the department of
31education, the division of vocational rehabilitation of the
32department of education workforce development, the department
33of public health, the department of health and human services,
34the Iowa developmental disabilities council, the division
35of insurance of the department of commerce, and the state
-714-1board of regents shall serve as ex officio members of the
2advisory council. Ex officio members shall work together in
3a collaborative manner to serve as a resource to the advisory
4council. The council may also form workgroups as necessary
5to address specific issues within the technical purview of
6individual members.
7 Sec. 988. Section 256.39, subsection 5, Code 2023, is
8amended to read as follows:
95. In developing career pathways program efforts, each
10consortium shall make every effort to cooperate with the
11juvenile courts, the economic development authority, the
12department of workforce development, the department of health
13and human services, and the new Iowa schools development
14corporation.
15 Sec. 989. Section 256.46, subsection 1, paragraph g, Code
162023, is amended to read as follows:
17g. The child is a participant in a substance abuse use
18disorder or mental health program.
19 Sec. 990. Section 256A.2, Code 2023, is amended to read as
20follows:
21256A.2 Child development coordinating council established.
221. A child development coordinating council is established
23to promote the provision of child development services to
24at-risk three-year-old and four-year-old children. The council
25shall consist of the following members:
26a. The administrator of the division of adult, children
27and family services of the department of human services or the
28administrator’s designee.
29b. a. The director of the department of education or the
30director’s designee.
31c. b. The director of health and human services or the
32director’s designee.
33d. The director of the department of public health or the
34director’s designee.
35e. c. An early childhood specialist of an area education
-715-1agency selected by the area education agency administrators.
2f. d. The dean of the college of human sciences at Iowa
3state university of science and technology or the dean’s
4designee.
5g. e. The dean of the college of education from the
6university of northern Iowa or the dean’s designee.
7h. f. The professor and head of the department of
8pediatrics at the university of Iowa or the professor’s
9designee.
10i. g. A resident of this state who is a parent of a child
11who is or has been served by a federal head start program.
122. Staff assistance for the council shall be provided by
13the department of education. Members of the council shall be
14reimbursed for actual and necessary expenses incurred while
15engaged in their official duties and shall receive per diem
16compensation at the level authorized under section 7E.6,
17subsection 1, paragraph “a”.
18 Sec. 991. Section 256B.2, subsection 2, paragraph c, Code
192023, is amended to read as follows:
20c. For those children who cannot adapt to the regular
21educational or home living conditions, and who are attending
22facilities under chapters 263, 269, and 270, upon the request
23of the board of directors of an area education agency,
24the department of health and human services shall provide
25residential or detention facilities and the area education
26agency shall provide special education programs and services.
27The area education agencies shall cooperate with the board of
28regents to provide the services required by this chapter.
29 Sec. 992. Section 256B.3, subsection 9, Code 2023, is
30amended to read as follows:
319. To cooperate with existing agencies such as the
32department of health and human services, the Iowa department of
33public health, the Iowa school for the deaf, the Iowa braille
34and sight saving school, the children’s hospitals, or other
35agencies concerned with the welfare and health of children
-716-1requiring special education in the coordination of their
2educational activities for such children.
3 Sec. 993. Section 256B.5, Code 2023, is amended to read as
4follows:
5256B.5 Information available upon request by bureau.
6The Iowa department of public health and human services
7 shall furnish to the state bureau of special education
8upon request information obtained from birth certificates
9relative to the name, address, and disability of any case of
10developmental disability. The state child health specialty
11clinics of the university of Iowa shall upon request furnish to
12the state bureau of special education the name, address, and
13disability of all children of their register.
14 Sec. 994. Section 256B.10, subsection 1, paragraph a, Code
152023, is amended to read as follows:
16a. The department of education shall work with the state
17school for the deaf, the area education agencies, school
18districts, and the early hearing detection and intervention
19program in the Iowa department of public health and human
20services for purposes of coordinating, developing, and
21disseminating resources for use by parents or guardians, early
22hearing detection and intervention programs, the state school
23for the deaf, area education agencies, school districts, and
24accredited nonpublic schools to inform deaf and hard-of-hearing
25children’s expressive and receptive language acquisition or
26development.
27 Sec. 995. Section 256B.10, subsection 3, unnumbered
28paragraph 1, Code 2023, is amended to read as follows:
29The department of education, in consultation with the state
30school for the deaf, the area education agencies, school
31districts, and the early hearing detection and intervention
32program in the Iowa department of public health and human
33services, shall select existing tools or assessments that may
34be used by qualified educators to assess American sign language
35and English language and literacy development of deaf and
-717-1hard-of-hearing children from birth through age eight.
2 Sec. 996. Section 256B.10, subsection 5, paragraph b, Code
32023, is amended to read as follows:
4b. The department of education shall work with the early
5hearing detection and intervention program in the Iowa
6 department of public health and human services, the state
7school for the deaf, and the area education agencies when
8developing the guidelines. The department of education,
9in consultation with the Iowa school for the deaf, shall
10administer the family support mentoring program for deaf or
11hard-of-hearing children.
12 Sec. 997. Section 256B.10, subsection 5, paragraph d,
13subparagraph (5), Code 2023, is amended to read as follows:
14(5) Reach out to parents of children identified through
15the early hearing detection and intervention program in the
16Iowa department of public health and human services and share
17information about the family support mentoring program services
18available to such parents.
19 Sec. 998. Section 256B.10, subsection 5, paragraph e, Code
202023, is amended to read as follows:
21e. The department of education shall coordinate family
22support mentoring activities with the early hearing detection
23and intervention program in the Iowa department of public
24 health and human services, the state school for the deaf, the
25area education agencies, and nonprofit organizations that
26provide family support mentoring to parents with deaf or
27hard-of-hearing children.
28 Sec. 999. Section 256B.15, subsections 7, 9, and 10, Code
292023, are amended to read as follows:
307. The area education agencies shall transfer to the
31department of health and human services an amount equal to
32the nonfederal share of the payments to be received from the
33medical assistance program pursuant to chapter 249A. The
34nonfederal share amount shall be transferred to the medical
35assistance account prior to claims payment. This requirement
-718-1does not apply to medical assistance reimbursement for
2services provided by an area education agency under part C
3of the federal Individuals With Disabilities Education Act.
4Funds received under this section shall not be considered or
5included as part of the area education agencies’ budgets when
6calculating funds that are to be received by area education
7agencies during a fiscal year.
89. The department of education and the department of health
9and human services shall adopt rules to implement this section.
1010. The department of health and human services shall offer
11assistance to the area education agencies in the identification
12of children eligible for reimbursement for services under this
13section.
14 Sec. 1000. Section 256I.1, Code 2023, is amended to read as
15follows:
16256I.1 Definitions.
17For the purposes of this chapter, unless the context
18otherwise requires:
191. “Department” means the department of management health
20and human services.
212. “Desired results” means the set of desired results for
22improving the quality of life in this state for young children
23and their families identified in section 256I.2.
243. “Early care”, “early care services”, or “early care
25system” means the programs, services, support, or other
26assistance made available to a parent or other person who is
27involved with addressing the health and education needs of a
28child from zero through age five. “Early care”, “early care
29services”, or “early care system” includes but is not limited to
30public and private efforts and formal and informal settings.
314. “Early childhood Iowa area” means a geographic area
32designated in accordance with this chapter.
335. “Early childhood Iowa area board” or “area board”
34means the board for an early childhood Iowa area created in
35accordance with this chapter.
-719- 16. “Early childhood Iowa program” or “program” means the
2early childhood Iowa program established in section 256I.5.
36. 7. “Early childhood Iowa state board” or “state board”
4means the early childhood Iowa state board created in section
5256I.3.
6 Sec. 1001. Section 256I.3, subsection 2, paragraph a, Code
72023, is amended to read as follows:
8a. The board shall consist of twenty-one nineteen voting
9members with fifteen citizen members and six four state agency
10members. The six state agency members shall be the directors
11or their designees of the following agencies: economic
12development authority, education, human rights, health and
13 human services, public health, and workforce development.
14The designees of state agency directors shall be selected on
15an annual basis. The citizen members shall be appointed by
16the governor, subject to confirmation by the senate. The
17governor’s appointments of citizen members shall be made in
18a manner so that each of the state’s congressional districts
19is represented by at least two citizen members and so that
20all the appointments as a whole reflect the ethnic, cultural,
21social, and economic diversity of the state. A member of the
22state board shall not be a provider of services or other entity
23receiving funding through the early childhood Iowa initiative
24or be employed by such a provider or other entity.
25 Sec. 1002. Section 256I.4, subsection 15, Code 2023, is
26amended to read as follows:
2715. Work with the early childhood Iowa office program
28 in building public-private partnerships for promoting the
29collaborative early care, education, health, and human services
30system.
31 Sec. 1003. Section 256I.5, subsection 2, Code 2023, is
32amended to read as follows:
332. An early childhood Iowa office program is established
34in the department to provide leadership for facilitation,
35communication, and coordination for the early childhood Iowa
-720-1initiative activities and funding and for improvement of the
2early care, education, health, and human services systems. An
3administrator for the early childhood Iowa office program shall
4be appointed by the director of the department. Other staff
5may also be designated, subject to appropriation made for this
6purpose.
7 Sec. 1004. Section 256I.5, subsection 4, Code 2023, is
8amended to read as follows:
94. The office program shall work with the state and
10area boards to provide leadership for comprehensive system
11development. The office program shall also do all of the
12following:
13a. Enter into memoranda of agreement with the departments
14of education, human rights, human services, public health, and
15workforce development and the economic development authority to
16formalize the commitments of the respective departments and the
17authority to collaborating with and integrating a comprehensive
18early care, education, health, and human services system.
19Items addressed in the memoranda shall include but are not
20limited to data sharing and providing staffing to the technical
21assistance team.
22b. Work with private businesses, foundations, and nonprofit
23organizations to develop sustained funding.
24c. Maintain the internet site in accordance with section
25256I.10.
26d. Propose any needed revisions to administrative rules
27based on stakeholder input.
28e. Provide technical support to the state and area boards
29and to the early childhood Iowa areas through staffing services
30made available through the state agencies that serve on the
31state board.
32f. Develop, collect, disseminate, and provide guidance for
33common performance measures for the programs receiving funding
34under the auspices of the area boards.
35g. If a disagreement arises within an early childhood Iowa
-721-1area regarding the interests represented on the area’s board,
2board decisions, or other disputes that cannot be locally
3resolved, upon request, provide state or regional technical
4assistance as deemed appropriate by the office program to
5assist the area in resolving the disagreement.
6 Sec. 1005. Section 256I.11, subsection 2, unnumbered
7paragraph 1, Code 2023, is amended to read as follows:
8A school ready children grants account is created in the
9fund under the authority of the director of the department of
10education. Moneys credited to the account are appropriated
11to and shall be distributed by the department of education in
12the form of grants to early childhood Iowa areas pursuant to
13criteria established by the state board in accordance with law.
14 Sec. 1006. Section 256I.11, subsection 4, paragraphs a, b,
15and c, Code 2023, are amended to read as follows:
16a. An early childhood programs grant account is created in
17the fund under the authority of the director of the department
18of human services. Moneys credited to the account are
19appropriated to and shall be distributed by the department of
20human services in the form of grants to early childhood Iowa
21areas pursuant to criteria established by the state board in
22accordance with law. The criteria shall include but are not
23limited to a requirement that an early childhood Iowa area must
24be designated by the state board in order to be eligible to
25receive an early childhood programs grant.
26b. An early childhood Iowa area receiving funding from
27the early childhood programs grant account shall comply with
28any federal reporting requirements associated with the use
29of that funding and other results and reporting requirements
30established by the state board. The department of human
31services shall provide technical assistance in identifying and
32meeting the federal requirements. The availability of funding
33provided from the account is subject to changes in federal
34requirements and amendments to Iowa law.
35c. The moneys distributed from the early childhood programs
-722-1grant account shall be used by early childhood Iowa areas
2for the purposes of enhancing quality child care capacity in
3support of parent capability to obtain or retain employment.
4The moneys shall be used with a primary emphasis on low-income
5families and children from zero to age five. Moneys shall be
6provided in a flexible manner and shall be used to implement
7strategies identified by the early childhood Iowa area to
8achieve such purposes. The department of human services may
9use a portion of the funding appropriated to the department
10under this subsection for provision of technical assistance and
11other support to the early childhood Iowa areas developing and
12implementing strategies with grant moneys distributed from the
13account.
14 Sec. 1007. Section 256I.11, subsection 5, Code 2023, is
15amended to read as follows:
165. A first years first account is created in the fund under
17the authority of the department of management. The account
18shall consist of gift or grant moneys obtained from any source,
19including but not limited to the federal government. Moneys
20credited to the account are appropriated to the department to
21be used for the early childhood-related purposes for which the
22moneys were received.
23 Sec. 1008. Section 256I.12, subsections 6 and 7, Code 2023,
24are amended to read as follows:
256. Steering committee. The early childhood stakeholders
26alliance shall operate with a steering committee to organize,
27manage, and coordinate the activities of the alliance and its
28component groups. The steering committee may act on behalf of
29the alliance as necessary. The steering committee membership
30shall consist of the co-chairpersons of the alliance’s
31component groups, the administrator of the early childhood Iowa
32office program, and other leaders designated by the alliance.
337. Component groups. The early childhood stakeholders
34alliance shall maintain component groups to address the
35key components of the Iowa early childhood system. Each
-723-1component group shall have one private and one public agency
2co-chairperson. The alliance may change the component groups
3as deemed necessary by the alliance. Initially, there shall
4be a component group for each of the following: The component
5groups shall implement the strategic plan created pursuant to
6section 256I.4.
7a. Governance planning and administration.
8b. Professional development.
9c. Public engagement.
10d. Quality services and programs.
11e. Resources and funding.
12f. Results accountability.
13 Sec. 1009. Section 256I.13, subsection 1, Code 2023, is
14amended to read as follows:
151. In order to implement the legislative intent stated in
16sections 135.106 and 256I.9, that priority for family support
17program funding be given to programs using evidence-based or
18promising models for family support, it is the intent of the
19general assembly that by July 1, 2016, ninety percent of state
20funds expended for family support programs shall be used for
21evidence-based or promising program models. The remaining ten
22percent of funds may be used for innovative program models that
23do not yet meet the definition of evidence-based or promising
24programs.
25 Sec. 1010. Section 256I.13, subsection 3, paragraphs b and
26e, Code 2023, are amended to read as follows:
27b. The data on families served that is collected by the
28family support programs funded through the early childhood
29Iowa initiative shall include but is not limited to basic
30demographic information, services received, funding utilized,
31and program outcomes for the children and families served. The
32state board shall adopt performance benchmarks for the family
33support programs and shall revise the Iowa family support
34credential to incorporate the performance benchmarks on or
35before January 1, 2014.
-724- 1e. The state board shall develop a plan to implement a
2coordinated intake and referral process for publicly funded
3family support programs in order to engage the families
4expecting a child or with newborn and infant children through
5age five in all communities in the state by July 1, 2015.
6 Sec. 1011. Section 257.11, subsection 4, paragraph e,
7subparagraphs (2) and (3), Code 2023, are amended to read as
8follows:
9(2) The pupil is not in a court-ordered placement under
10chapter 232 under the care and custody of the department of
11health and human services or juvenile court services.
12(3) The pupil is not in the state training school pursuant
13to a court order entered under chapter 232 under the care and
14custody of the department of health and human services.
15 Sec. 1012. Section 257.41, subsection 4, paragraphs b and c,
16Code 2023, are amended to read as follows:
17b. The student is not in a court-ordered placement under
18chapter 232 under the care and custody of the department of
19health and human services or juvenile court services.
20c. The student is not in the state training school pursuant
21to a court order entered under chapter 232 under the care and
22custody of the department of health and human services.
23 Sec. 1013. Section 260C.40, Code 2023, is amended to read
24as follows:
25260C.40 Prohibition of controlled substances.
26Each community college shall adopt a policy that prohibits
27unlawful possession, use, or distribution of controlled
28substances by students and employees on property owned
29or leased by the community college or in conjunction with
30activities sponsored by a community college. Each community
31college shall provide information about the policy to all
32students and employees. The policy shall include a clear
33statement of sanctions for violation of the policy and
34information about available drug or alcohol counseling and
35rehabilitation programs. In carrying out this policy, the
-725-1community college shall provide substance abuse use disorder
2 prevention programs for students and employees.
3 Sec. 1014. Section 261.2, subsection 6, Code 2023, is
4amended to read as follows:
56. Develop and implement, in cooperation with the
6department of health and human services and the judicial
7branch, a program to assist juveniles who are sixteen years of
8age or older and who have a case permanency plan under chapter
9232 or 237 or are otherwise under the jurisdiction of chapter
10232 in applying for federal and state aid available for higher
11education.
12 Sec. 1015. Section 261.9, subsection 1, paragraph e, Code
132023, is amended to read as follows:
14e. Adopts a policy that prohibits unlawful possession,
15use, or distribution of controlled substances by students and
16employees on property owned or leased by the institution or
17in conjunction with activities sponsored by the institution.
18Each institution shall provide information about the policy
19to all students and employees. The policy shall include a
20clear statement of sanctions for violation of the policy
21and information about available drug or alcohol counseling
22and rehabilitation programs. In carrying out this policy,
23an institution shall provide substance abuse use disorder
24 prevention programs for students and employees.
25 Sec. 1016. Section 261.71, subsection 3, Code 2023, is
26amended to read as follows:
273. For purposes of this section “graduate student” means
28a student who has completed at least ninety semester hours,
29or the trimester or quarter equivalent, of postsecondary
30course work at a public higher education institution or at an
31accredited private institution, as defined under section 261.9.
32“Underserved area” means a geographical area included on the
33Iowa governor’s health practitioner shortage area list, which
34is compiled by the center for rural health and primary care
35of the Iowa department of public health and human services.
-726-1The commission shall adopt rules, consistent with rules used
2for students enrolled in higher education institutions under
3the control of the state board of regents, for purposes of
4determining Iowa residency status of graduate students under
5this section. The commission shall also adopt rules which
6provide standards, guidelines, and procedures for the receipt,
7processing, and administration of student applications and
8loans under this section.
9 Sec. 1017. Section 261.87, subsection 1, paragraph b, Code
102023, is amended to read as follows:
11b. “Eligible foster care student” means a person who has a
12high school diploma or a high school equivalency diploma under
13chapter 259A and is described by any of the following:
14(1) Is age seventeen and is in a court-ordered placement
15under chapter 232 under the care and custody of the department
16of health and human services or juvenile court services.
17(2) Is age seventeen and has been placed in a state juvenile
18institution pursuant to a court order entered under chapter
19232 under the care and custody of the department of health and
20 human services.
21(3) Is described by any of the following:
22(a) On the date the person reached age eighteen or during
23the thirty calendar days preceding or succeeding that date,
24the person was in a licensed foster care placement pursuant
25to a court order entered under chapter 232 under the care and
26custody of the department of health and human services or
27juvenile court services.
28(b) On the date the person reached age eighteen or during
29the thirty calendar days preceding or succeeding that date, the
30person was under a court order under chapter 232 to live with a
31relative or other suitable person.
32(c) The person was in a licensed foster care placement
33pursuant to an order entered under chapter 232 prior to being
34legally adopted after reaching age sixteen.
35(d) On the date the person reached age eighteen or during
-727-1the thirty calendar days preceding or succeeding that date,
2the person was placed in a state juvenile institution pursuant
3to a court order entered under chapter 232 under the care and
4custody of the department of health and human services.
5 Sec. 1018. Section 262.9A, Code 2023, is amended to read as
6follows:
7262.9A Prohibition of controlled substances.
8The state board of regents shall adopt a policy that
9prohibits unlawful possession, use, or distribution of
10controlled substances by students and employees on property
11owned or leased by an institution or in conjunction with
12activities sponsored by an institution governed by the board.
13Each institution shall provide information about the policy
14to all students and employees. The policy shall include a
15clear statement of sanctions for violation of the policy
16and information about available drug or alcohol counseling
17and rehabilitation programs. In carrying out this policy,
18the institutions shall provide substance abuse use disorder
19 prevention programs for students and employees.
20 Sec. 1019. Section 262.70, Code 2023, is amended to read as
21follows:
22262.70 Education, prevention, and research programs in mental
23health and disability services.
24The division of mental health and disability services of
25the department of health and human services may contract with
26the board of regents or any institution under the board’s
27jurisdiction to establish and maintain programs of education,
28prevention, and research in the fields of mental health,
29intellectual disability, developmental disabilities, and
30brain injury. The board may delegate responsibility for these
31programs to the state psychiatric hospital, the university
32hospital, or any other appropriate entity under the board’s
33jurisdiction.
34 Sec. 1020. Section 262.71, Code 2023, is amended to read as
35follows:
-728- 1262.71 Center for early development education.
2The board of regents shall develop a center for early
3development education at one of the regents institutions
4specified in section 262.7, subsections 1 through 3. The
5center’s programs shall be conducted in a laboratory school
6setting to serve as a model for early childhood education.
7The programs shall include, but not be limited to, programs
8designed to accommodate the needs of at-risk children. The
9teacher education programs at all three state universities
10shall cooperate in developing the center and its programs. The
11center’s programs shall take a holistic approach and the center
12shall, in developing its programs, consult with representatives
13from each of the following agencies, institutions, or groups:
141. The university of northern Iowa.
152. Iowa state university.
163. The university of Iowa.
174. The division of child and family services of the
18department of human services.
195. The department of public health.
206. 4. The department of health and human services.
217. 5. An early childhood development specialist from an
22area education agency.
238. 6. A parent of a child in a head start program.
249. 7. The department of education.
2510. 8. The child development coordinating council.
26 Sec. 1021. Section 262.78, subsections 2 and 3, Code 2023,
27are amended to read as follows:
282. The center shall cooperate with the center for rural
29health and primary care, established under department of health
30and human services pursuant to section 135.107, the center
31for health effects of environmental contamination established
32pursuant to section 263.17, and the department of agriculture
33and land stewardship. The agencies shall coordinate programs
34to the extent practicable.
353. The president of the university of Iowa, in consultation
-729-1with the president of Iowa state university of science and
2technology, shall employ a full-time director of the center.
3The center may employ staff to carry out the center’s purpose.
4The director shall coordinate the agricultural health and
5safety programs of the center. The director shall regularly
6meet and consult with the center for rural health and primary
7care department of health and human services pursuant to
8section 135.107. The director shall provide the board of
9regents with relevant information regarding the center.
10 Sec. 1022. Section 263.8, subsection 2, Code 2023, is
11amended to read as follows:
122. In addition to its regular work, the state hygienic
13laboratory shall perform without charge all bacteriological,
14serological, and epidemiological examinations and
15investigations which may be required by the Iowa department of
16public health and human services and the department shall adopt
17rules pursuant to chapter 17A therefor for the examinations
18and investigations. The laboratory shall also provide, those
19laboratory, scientific field measurement, and environmental
20quality services which, by contract, are requested by the other
21agencies of government.
22 Sec. 1023. Section 263.10, Code 2023, is amended to read as
23follows:
24263.10 Persons admitted.
25Every resident of the state who is not more than twenty-one
26years of age, who has such severe disabilities as to be unable
27to acquire an education in the public or accredited nonpublic
28schools, and every such person who is twenty-one and under
29thirty-five years of age who has the consent of the state board
30of regents, shall be entitled to receive an education, care,
31and training in the university of Iowa hospitals and clinics
32center for disabilities and development, and nonresidents
33similarly situated may be entitled to an education and care at
34the center upon such terms as may be fixed by the state board
35of regents. The fee for nonresidents shall be not less than
-730-1the average expense of resident pupils and shall be paid in
2advance. Residents and persons under the care and control of a
3director of a division of the department of health and human
4services who have severe disabilities may be transferred to the
5center upon such terms as may be agreed upon by the state board
6of regents and the director of health and human services.
7 Sec. 1024. Section 263.17, subsection 2, paragraph a,
8subparagraph (10), Code 2023, is amended to read as follows:
9(10) The Iowa department of public health and human
10services.
11 Sec. 1025. Section 263.17, subsection 7, Code 2023, is
12amended to read as follows:
137. The center shall cooperate with the center for rural
14health and primary care, established under department of
15health and human services pursuant to section 135.107, the
16center for agricultural safety and health established under
17section 262.78, and the department of agriculture and land
18stewardship. The agencies shall coordinate programs to the
19extent practicable.
20 Sec. 1026. Section 263.21, Code 2023, is amended to read as
21follows:
22263.21 Transfer of patients from state institutions.
23The director of the department of health and human services,
24in respect to institutions under the director’s control, the
25administrator of any of the divisions of the department, in
26respect to the institutions under the administrator’s control,
27 the director of the department of corrections, in respect to
28the institutions under the department’s control, and the state
29board of regents, in respect to the Iowa braille and sight
30saving school and the Iowa school for the deaf, may send any
31inmate, student, or patient of an institution, or any person
32committed or applying for admission to an institution, to
33the university of Iowa hospitals and clinics for treatment
34and care. The department of health and human services, the
35department of corrections, and the state board of regents shall
-731-1respectively pay the traveling expenses of such patient, and
2when necessary the traveling expenses of an attendant for
3the patient, out of funds appropriated for the use of the
4institution from which the patient is sent.
5 Sec. 1027. Section 263B.7, Code 2023, is amended to read as
6follows:
7263B.7 Ancient remains.
8The state archaeologist has the primary responsibility
9for investigating, preserving, and reinterring discoveries
10of ancient human remains. For the purposes of this section,
11ancient human remains are those remains found within the state
12which are more than one hundred fifty years old. The state
13archaeologist shall make arrangements for the services of a
14forensic osteologist in studying and interpreting ancient
15burials and may designate other qualified archaeologists to
16assist the state archaeologist in recovering physical and
17cultural information about the ancient burials. The state
18archaeologist shall file with the Iowa department of public
19 health and human services a written report containing both
20physical and cultural information regarding the remains at the
21conclusion of each investigation.
22 Sec. 1028. Section 272C.1, subsection 6, paragraph ad, Code
232023, is amended to read as follows:
24ad. The director of public health and human services in
25certifying emergency medical care providers and emergency
26medical care services pursuant to chapter 147A.
27 Sec. 1029. Section 272C.3, subsection 1, paragraph k, Code
282023, is amended to read as follows:
29k. Establish a licensee review committee for the purpose
30of evaluating and monitoring licensees who are impaired as
31a result of alcohol or drug abuse substance use disorder,
32dependency, or addiction, or by any mental or physical disorder
33or disability, and who self-report the impairment to the
34committee, or who are referred by the board to the committee.
35Members of the committee shall receive actual expenses for the
-732-1performance of their duties and shall be eligible to receive
2per diem compensation pursuant to section 7E.6. The board
3shall adopt rules for the establishment and administration of
4the committee, including but not limited to establishment of
5the criteria for eligibility for referral to the committee and
6the grounds for disciplinary action for noncompliance with
7committee decisions. Information in the possession of the
8board or the licensee review committee, under this paragraph,
9shall be subject to the confidentiality requirements of section
10272C.6. Referral of a licensee by the board to a licensee
11review committee shall not relieve the board of any duties
12of the board and shall not divest the board of any authority
13or jurisdiction otherwise provided. A licensee who violates
14section 272C.10 or the rules of the board while under review by
15the licensee review committee shall be referred to the board
16for appropriate action.
17 Sec. 1030. Section 272C.6, subsection 6, paragraph b, Code
182023, is amended to read as follows:
19b. The department of agriculture and land stewardship, the
20department of commerce insurance and financial services, the
21department of inspections, appeals, and licensing, and the Iowa
22 department of public health and human services shall each adopt
23rules pursuant to chapter 17A which provide for the allocation
24of fees and costs collected pursuant to this section to the
25board under its jurisdiction collecting the fees and costs.
26The fees and costs shall be considered repayment receipts as
27defined in section 8.2.
28 Sec. 1031. Section 279.49, subsections 1 and 3, Code 2023,
29are amended to read as follows:
301. The board of directors of a school corporation may
31operate or contract for the operation of a program to provide
32child care to children not enrolled in school or to students
33enrolled in kindergarten through grade six before and after
34school, or to both. Programs operated or contracted by a
35board shall be licensed by the department of health and human
-733-1services under chapter 237A as a child care center unless
2the program is exempt from licensure under chapter 237A.
3Notwithstanding requirements of the department of health and
4 human services regarding space allocated to child care centers
5licensed under chapter 237A, a program operated or contracted
6by a board which is located on school grounds may define
7alternative spaces, in policy and procedures, appropriate to
8meet the needs of children in the program if the primary space
9is required for another use.
103. The facilities housing a program operated under this
11section shall comply with standards adopted by the state fire
12marshal for school buildings under chapter 100. In addition,
13if a program involves children who are younger than school
14age, the facilities housing those children shall meet the fire
15safety standards which would apply to that age of child in a
16child care facility licensed by the department of health and
17 human services.
18 Sec. 1032. Section 279.50, subsection 8, Code 2023, is
19amended to read as follows:
208. The department of education shall identify and
21disseminate information about early intervention programs
22for students who are at the greatest risk of suffering from
23the problem of dropping out of school, substance abuse use
24disorder, adolescent pregnancy, or suicide.
25 Sec. 1033. Section 279.60, subsection 2, Code 2023, is
26amended to read as follows:
272. The school district shall also collect information from
28each parent, guardian, or legal custodian of a kindergarten
29student enrolled in the district on whether the student
30attended preschool. Each school district shall report the
31preschool information collected to the department of education
32in the manner prescribed by the department not later than
33January 1 of that school year. The early childhood Iowa office
34 program in the department of management health and human
35services shall have access to the raw data. The department of
-734-1education shall review the information submitted pursuant to
2this section and shall submit its findings and recommendations
3annually in a report to the governor, the general assembly, the
4early childhood Iowa state board, and the early childhood Iowa
5area boards.
6 Sec. 1034. Section 279.76, subsection 3, paragraph a, Code
72023, is amended to read as follows:
8a. “Emergent care situation” means a sudden or unforeseen
9occurrence or onset of a medical or behavioral condition that
10could result in serious injury or harm to a student or others
11in the event immediate medical attention is not provided.
12“Emergent care situation” includes the need to screen a student
13or others for symptoms or exposures during an outbreak or
14public health event of concern as designated by the department
15of public health and human services.
16 Sec. 1035. Section 280.13C, subsection 3, paragraph a, Code
172023, is amended to read as follows:
18a. The department of public health and human services, the
19 Iowa high school athletic association, and the Iowa girls high
20school athletic union shall work together to develop training
21materials and courses regarding concussions and brain injuries,
22including training regarding evaluation, prevention, symptoms,
23risks, and long-term effects of concussions and brain injuries.
24Each coach or contest official shall complete such training at
25least every two years.
26 Sec. 1036. Section 280.13C, subsection 4, Code 2023, is
27amended to read as follows:
284. Guidelines and information sheet.
29a. The department of public health and human services, the
30 Iowa high school athletic association, and the Iowa girls high
31school athletic union shall work together to distribute the
32guidelines of the centers for disease control and prevention
33of the United States department of health and human services
34and other pertinent information to inform and educate coaches,
35students, and the parents and guardians of students of the
-735-1risks, signs, symptoms, and behaviors consistent with a
2concussion or brain injury, including the danger of continuing
3to participate in extracurricular interscholastic activities
4after suffering a concussion or brain injury and their
5responsibility to report such signs, symptoms, and behaviors
6if they occur.
7b. For school years beginning on or after July 1, 2018,
8each school district and nonpublic school shall provide to the
9parent or guardian of each student in grades seven through
10twelve a concussion and brain injury information sheet,
11as provided by the department of public health and human
12services, the Iowa high school athletic association, and the
13Iowa girls high school athletic union. The student and the
14student’s parent or guardian shall sign and return a copy
15of the concussion and brain injury information sheet to the
16student’s school prior to the student’s participation in any
17extracurricular interscholastic activity.
18 Sec. 1037. Section 280.13C, subsection 6, paragraph a, Code
192023, is amended to read as follows:
20a. The department of public health and human services, in
21cooperation with the Iowa high school athletic association
22and the Iowa girls high school athletic union, shall develop
23a return-to-play protocol based on peer-reviewed scientific
24evidence consistent with the guidelines of the centers for
25disease control and prevention of the United States department
26of health and human services, for a student’s return to
27participation in any extracurricular interscholastic activity
28after showing signs, symptoms, or behaviors consistent with a
29concussion or brain injury. The department of public health
30and human services shall adopt the return-to-play protocol
31by rule pursuant to chapter 17A. The board of directors
32of each school district and the authorities in charge of
33each accredited nonpublic school with enrolled students who
34participate in an extracurricular interscholastic activity
35which is a contest in grades seven through twelve shall adopt
-736-1such protocol by July 1, 2019.
2 Sec. 1038. Section 280.16, subsection 1, paragraph a, Code
32023, is amended to read as follows:
4a. “Bronchodilator” means a bronchodilator as recommended
5by the department of public health and human services for
6treatment of a student’s respiratory distress, asthma, or other
7airway constricting disease.
8 Sec. 1039. Section 280.16, subsection 7, Code 2023, is
9amended to read as follows:
107. The Iowa braille and sight saving school, the Iowa school
11for the deaf, and the institutions under the control of the
12department of health and human services as provided in section
13218.1 are exempt from the provisions of this section.
14 Sec. 1040. Section 280.17, subsection 1, Code 2023, is
15amended to read as follows:
161. The board of directors of a school district and the
17authorities in charge of a nonpublic school shall prescribe
18procedures, in accordance with the guidelines contained in
19the model policy developed by the department of education in
20consultation with the department of health and human services,
21and adopted by the department of education pursuant to chapter
2217A, for the handling of reports of child abuse, as defined in
23section 232.68, subsection 2, paragraph “a”, subparagraph (1),
24(3), or (5), alleged to have been committed by an employee or
25agent of the public or nonpublic school.
26 Sec. 1041. Section 280.25, subsection 1, Code 2023, is
27amended to read as follows:
281. The board of directors of each public school and the
29authorities in charge of each accredited nonpublic school
30shall adopt a policy and the superintendent of each public
31school shall adopt rules which provide that the school
32district or school may share information contained within a
33student’s permanent record pursuant to an interagency agreement
34with state and local agencies that are part of the juvenile
35justice system. These agencies include, but are not limited
-737-1to, juvenile court services, the department of health and
2 human services, and local law enforcement authorities. The
3disclosure of information shall be directly related to the
4juvenile justice system’s ability to effectively serve, prior
5to adjudication, the student whose records are being released.
6 Sec. 1042. Section 280.29, subsection 1, paragraph e, Code
72023, is amended to read as follows:
8e. Enter into a memorandum of understanding with the
9department of health and human services regarding the exchange
10of information as appropriate to facilitate the enrollment
11transition of children adjudicated under chapter 232 or
12receiving foster care services from one school to another
13school.
14 Sec. 1043. Section 280.32, subsections 3 and 6, Code 2023,
15are amended to read as follows:
163. Radon testing pursuant to this section conducted on and
17after July 1, 2022, shall be conducted by a person certified
18to conduct such testing pursuant to section 136B.1 or by
19district employees that have completed a school radon testing
20training program approved by the department of education and
21the department of public health and human services. District
22employees that have completed training shall not perform
23testing services in locations other than the employee’s
24employing district. The department of public health and human
25services shall maintain and make available to school districts
26a list of such approved school radon testing training programs.
27Testing shall be based on recognized national standards that
28outline school radon testing practices.
296. In consultation with appropriate stakeholders and the
30department of education, the department of public health and
31human services shall adopt rules to administer this section.
32 Sec. 1044. Section 280A.1, subsection 3, Code 2023, is
33amended to read as follows:
343. “Behavioral health screening” or “screening” means a
35screening and assessment performed using a universal behavioral
-738-1health screening and assessment tool, approved for use by the
2department of education in consultation with the department of
3public health and the department of human services, to identify
4factors that place children at higher risk for behavioral
5health conditions, to determine appropriate treatment or
6intervention, and to identify the need for referral for
7appropriate services.
8 Sec. 1045. Section 282.18, subsection 7, paragraph b, Code
92023, is amended to read as follows:
10b. If a request to transfer is due to a change in family
11residence, a change in a child’s residence from the residence
12of one parent or guardian to the residence of a different
13parent or guardian, a change in the state in which the family
14residence is located, a change in a child’s parents’ marital
15status, a guardianship proceeding, placement in foster care,
16adoption, participation in a foreign exchange program, or
17participation in a substance abuse use disorder or mental
18health treatment program, and the child who is the subject of
19the request is enrolled in any grade from kindergarten through
20grade twelve or who is a prekindergarten student enrolled in a
21special education program at the time of the request and is not
22currently using any provision of open enrollment, the parent or
23guardian of the child shall have the option to have the child
24remain in the child’s original district of residence under open
25enrollment with no interruption in the child’s educational
26program. If a parent or guardian exercises this option, the
27child’s new district of residence is not required to pay the
28amount calculated in subsection 5 or 6, as applicable, until
29the start of the first full year of enrollment of the child.
30 Sec. 1046. Section 282.18, subsection 9, paragraph a,
31subparagraph (8), Code 2023, is amended to read as follows:
32(8) If the pupil participates in open enrollment because
33of circumstances that meet the definition of good cause. For
34purposes of this subparagraph, “good cause” means a change in a
35child’s residence due to a change in family residence, a change
-739-1in a child’s residence from the residence of one parent or
2guardian to the residence of a different parent or guardian, a
3change in the state in which the family residence is located,
4a change in a child’s parents’ marital status, a guardianship
5or custody proceeding, placement in foster care, adoption,
6participation in a foreign exchange program, initial placement
7of a prekindergarten student in a special education program
8requiring specially designed instruction, or participation
9in a substance abuse use disorder or mental health treatment
10program, a change in the status of a child’s resident district
11such as removal of accreditation by the state board, surrender
12of accreditation, or permanent closure of a nonpublic school,
13revocation of a charter school contract as provided in section
14256E.10 or 256F.8, the failure of negotiations for a whole
15grade sharing, reorganization, dissolution agreement, or the
16rejection of a current whole grade sharing agreement, or
17reorganization plan.
18 Sec. 1047. Section 282.19, Code 2023, is amended to read as
19follows:
20282.19 Child living in substance abuse use disorder or foster
21care placement.
221. A child who is living in a facility that provides
23residential treatment as “facility” is defined in section
24125.2, which is located in a school district other than the
25school district in which the child resided before entering the
26facility may enroll in and attend an accredited school in the
27school district in which the child is living.
282. A child who is living in a licensed individual or agency
29child foster care facility, as defined in section 237.1, or
30in an unlicensed relative foster care placement, shall remain
31enrolled in and attend an accredited school in the school
32district in which the child resided and is enrolled at the
33time of placement, unless it is determined by the juvenile
34court or the public or private agency of this state that has
35responsibility for the child’s placement that remaining in such
-740-1school is not in the best interests of the child. If such
2a determination is made, the child may attend an accredited
3school located in the school district in which the child is
4living and not in the school district in which the child
5resided prior to receiving foster care.
63. The instructional costs for students who do not require
7special education shall be paid as provided in section 282.31,
8subsection 1, paragraph “b”, or for students who require
9special education shall be paid as provided in section 282.31,
10subsection 2 or 3.
11 Sec. 1048. Section 282.27, subsection 3, paragraph b, Code
122023, is amended to read as follows:
13b. The child is not placed by the department of health and
14 human services or a court in a day program treatment program in
15such psychiatric unit or institution.
16 Sec. 1049. Section 282.27, subsection 4, paragraph b, Code
172023, is amended to read as follows:
18b. The child is not placed by the department of health and
19 human services or a court in a day program treatment program in
20such psychiatric unit or institution.
21 Sec. 1050. Section 282.33, subsection 1, Code 2023, is
22amended to read as follows:
231. A child who resides in an institution for children
24under the jurisdiction of the director of health and human
25services referred to in section 218.1, subsection 3, 4, or
26 5, or 6, and who is not enrolled in the educational program
27of the district of residence of the child, shall receive
28appropriate educational services. The institution in which
29the child resides shall submit a proposed program and budget
30based on the average daily attendance of the children residing
31in the institution to the department of education and the
32department of health and human services by January 1 for the
33next succeeding school year. The department of education shall
34review and approve or modify the proposed program and budget
35and shall notify the department of administrative services of
-741-1its action by February 1. The department of administrative
2services shall pay the approved budget amount to the department
3of health and human services in monthly installments beginning
4September 15 and ending June 15 of the next succeeding school
5year. The installments shall be as nearly equal as possible as
6determined by the department of administrative services, taking
7into consideration the relative budget and cash position of the
8state’s resources. The department of administrative services
9shall pay the approved budget amount for the department
10of health and human services from the moneys appropriated
11under section 257.16 and the department of health and human
12services shall distribute the payment to the institution. The
13institution shall submit an accounting for the actual cost of
14the program to the department of education by August 1 of the
15following school year. The department shall review and approve
16or modify all expenditures incurred in compliance with the
17guidelines adopted pursuant to section 256.7, subsection 10,
18and shall notify the department of administrative services of
19the approved accounting amount. The approved accounting amount
20shall be compared with any amounts paid by the department of
21administrative services to the department of health and human
22services and any differences added to or subtracted from the
23October payment made under this subsection for the next school
24year. Any amount paid by the department of administrative
25services shall be deducted monthly from the state foundation
26aid paid under section 257.16 to all school districts in the
27state during the subsequent fiscal year. The portion of the
28total amount of the approved budget that shall be deducted from
29the state aid of a school district shall be the same as the
30ratio that the budget enrollment for the budget year of the
31school district bears to the total budget enrollment in the
32state for that budget year in which the deduction is made.
33 Sec. 1051. Section 283A.2, subsection 3, Code 2023, is
34amended to read as follows:
353. Each school district that operates or provides for
-742-1a school breakfast or lunch program shall provide for the
2forwarding of information from the applications for the school
3breakfast or lunch program, for which federal funding is
4provided, to identify children for enrollment in the medical
5assistance program pursuant to chapter 249A or the healthy
6and well kids in Iowa program pursuant to chapter 514I to the
7department of health and human services.
8 Sec. 1052. Section 285.1, subsection 1, paragraph a,
9subparagraph (3), Code 2023, is amended to read as follows:
10(3) Children attending prekindergarten programs offered or
11sponsored by the district or nonpublic school and approved by
12the department of education or department of health and human
13services or children participating in preschool in an approved
14local program under chapter 256C may be provided transportation
15services. However, transportation services provided to
16nonpublic school children are not eligible for reimbursement
17under this chapter.
18 Sec. 1053. Section 303.3C, subsection 1, paragraph a, Code
192023, is amended to read as follows:
20a. The department of cultural affairs shall establish
21and administer an Iowa great places program for purposes
22of combining resources of state government in an effort to
23showcase the unique and authentic qualities of communities,
24regions, neighborhoods, and districts that make such places
25exceptional places to work and live. The department of
26cultural affairs shall provide administrative assistance to
27the Iowa great places board. The department of cultural
28affairs shall coordinate the efforts of the Iowa great places
29board with the efforts of state agencies participating in
30the program which shall include, but not be limited to, the
31economic development authority, the Iowa finance authority, the
32department of health and human rights services, the department
33of natural resources, the state department of transportation,
34and the department of workforce development.
35 Sec. 1054. Section 307.24, subsection 5, paragraph b, Code
-743-12023, is amended to read as follows:
2b. For department of health and human services facility
3roads, six and one-half percent.
4 Sec. 1055. Section 321.1, subsection 8, paragraph g, Code
52023, is amended to read as follows:
6g. If authorized to transport patients or clients by the
7director of the department of health and human services or the
8director’s designee, an employee of the department of health
9and human services is not a chauffeur when transporting the
10patients or clients in an automobile.
11 Sec. 1056. Section 321.19, subsection 1, paragraph c,
12subparagraph (3), Code 2023, is amended to read as follows:
13(3) Persons in the department of justice, the alcoholic
14beverages division of the department of commerce, disease
15investigators of the Iowa department of public health and human
16services, the department of inspections and appeals, and the
17department of revenue, who are regularly assigned to conduct
18investigations which cannot reasonably be conducted with a
19vehicle displaying “official” state registration plates.
20 Sec. 1057. Section 321.34, subsection 11A, paragraphs b and
21c, Code 2023, are amended to read as follows:
22b. Love our kids plates shall be designed by the department
23in cooperation with the Iowa department of public health and
24human services.
25c. The special fee for letter-number designated love our
26kids plates is thirty-five dollars. The fee for personalized
27love our kids plates is twenty-five dollars, which shall
28be paid in addition to the special love our kids fee of
29thirty-five dollars. The fees collected by the director under
30this subsection shall be paid monthly to the treasurer of
31state and deposited in the road use tax fund. The treasurer
32of state shall transfer monthly from the statutory allocations
33fund created under section 321.145, subsection 2, to the Iowa
34 department of public health and human services the amount
35of the special fees collected in the previous month for the
-744-1love our kids plates. Notwithstanding section 8.33, moneys
2transferred under this subsection shall not revert to the
3general fund of the state.
4 Sec. 1058. Section 321.34, subsection 23, paragraph c, Code
52023, is amended to read as follows:
6c. The special fee for letter-number designated breast
7cancer awareness plates is thirty-five dollars. The fee for
8personalized breast cancer awareness plates is twenty-five
9dollars, which shall be paid in addition to the special
10breast cancer awareness fee of thirty-five dollars. The fees
11collected by the director under this subsection shall be paid
12monthly to the treasurer of state and deposited in the road
13use tax fund. The treasurer of state shall transfer monthly
14from the statutory allocations fund created under section
15321.145, subsection 2, to the Iowa department of public health
16and human services the amount of the special fees collected
17in the previous month for the breast cancer awareness plates
18and such funds are appropriated to the Iowa department of
19public health and human services. The Iowa department of
20public health and human services shall distribute one hundred
21percent of the funds received monthly in the form of grants to
22support breast cancer screenings for both men and women who
23meet eligibility requirements like those established by the
24Susan G. Komen foundation. In the awarding of grants, the Iowa
25 department of public health and human services shall give first
26consideration to affiliates of the Susan G. Komen foundation
27and similar nonprofit organizations providing for breast cancer
28screenings at no cost in Iowa. Notwithstanding section 8.33,
29moneys transferred under this subsection shall not revert to
30the general fund of the state.
31 Sec. 1059. Section 321.178, subsection 1, paragraph a,
32subparagraph (1), Code 2023, is amended to read as follows:
33(1) A minimum of four hours of instruction concerning
34substance abuse use disorder and distracted driving.
35 Sec. 1060. Section 321.178A, subsection 3, paragraph a,
-745-1subparagraph (2), Code 2023, is amended to read as follows:
2(2) Instruction concerning substance abuse use disorder and
3distracted driving.
4 Sec. 1061. Section 321.215, subsection 1, paragraph a,
5subparagraph (4), Code 2023, is amended to read as follows:
6(4) The person’s substance abuse use disorder treatment.
7 Sec. 1062. Section 321.231B, subsection 1, paragraph b,
8Code 2023, is amended to read as follows:
9b. An emergency medical care provider, as defined in
10section 147A.1, operating the authorized emergency vehicle who
11has completed an emergency vehicle operations course and any
12applicable continuing education requirements established or
13approved by the department of public health and human services.
14 Sec. 1063. Section 321.423, subsection 7, paragraph a,
15subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
16to read as follows:
17On a vehicle authorized by the director of public health and
18human services when all of the following apply:
19 Sec. 1064. Section 321.423, subsection 7, paragraph a,
20subparagraph (2), subparagraph division (b), Code 2023, is
21amended to read as follows:
22(b) The request for authorization is made by the member
23on forms provided by the Iowa department of public health and
24human services.
25 Sec. 1065. Section 321.423, subsection 7, paragraph b, Code
262023, is amended to read as follows:
27b. The Iowa department of public health and human services
28 shall adopt rules to establish issuance standards, including
29allowing local emergency medical service providers to issue
30certificates of authorization, and shall adopt rules to
31establish certificate of authorization revocation procedures.
32 Sec. 1066. Section 321.451, subsection 1, paragraph h, Code
332023, is amended to read as follows:
34h. A vehicle owned by a chief, medical director, or
35certified medical provider of an authorized emergency medical
-746-1service, if the application for a certificate of designation is
2requested by the chief, medical officer, or medical director
3of the authorized emergency medical service. However, the
4department shall not approve an application received pursuant
5to this paragraph unless the owner of the vehicle has completed
6an emergency vehicle operations course approved by the
7department of public health and human services, and provided
8proof of financial liability coverage or risk pool coverage.
9 Sec. 1067. Section 321J.2, subsection 3, paragraph e, Code
102023, is amended to read as follows:
11e. Assignment to substance abuse use disorder evaluation and
12treatment, a course for drinking drivers, and, if available and
13appropriate, a reality education substance abuse use disorder
14 prevention program pursuant to section 321J.24.
15 Sec. 1068. Section 321J.2, subsection 4, paragraph d, Code
162023, is amended to read as follows:
17d. Assignment to substance abuse use disorder evaluation and
18treatment, a course for drinking drivers, and, if available and
19appropriate, a reality education substance abuse use disorder
20 prevention program pursuant to section 321J.24.
21 Sec. 1069. Section 321J.2, subsection 5, paragraph d, Code
222023, is amended to read as follows:
23d. Assignment to substance abuse use disorder evaluation and
24treatment, a course for drinking drivers, and, if available and
25appropriate, a reality education substance abuse use disorder
26 prevention program pursuant to section 321J.24.
27 Sec. 1070. Section 321J.2, subsection 7, paragraphs a and b,
28Code 2023, are amended to read as follows:
29a. All persons convicted of an offense under subsection 2
30shall be ordered, at the person’s expense, to undergo, prior
31to sentencing, a substance abuse use disorder evaluation. The
32court shall order the person to follow the recommendations
33proposed in the substance abuse use disorder evaluation as
34provided in section 321J.3.
35b. Where the program is available and is appropriate for
-747-1the convicted person, a person convicted of an offense under
2subsection 2 shall be ordered to participate in a reality
3education substance abuse use disorder prevention program as
4provided in section 321J.24.
5 Sec. 1071. Section 321J.3, Code 2023, is amended to read as
6follows:
7321J.3 Substance abuse use disorder evaluation or treatment
8— rules.
91. a. In addition to orders issued pursuant to section
10321J.2, subsections 3, 4, and 5, and section 321J.17, the court
11shall order any defendant convicted under section 321J.2 to
12follow the recommendations proposed in the substance abuse
13 use disorder evaluation for appropriate substance abuse use
14disorder treatment for the defendant. Court-ordered substance
15abuse use disorder treatment is subject to the periodic
16reporting requirements of section 125.86.
17b. If a defendant is committed by the court to a substance
18abuse use disorder treatment facility, the administrator of the
19facility shall report to the court when it is determined that
20the defendant has received the maximum benefit of treatment
21at the facility and the defendant shall be released from the
22facility. The time for which the defendant is committed for
23treatment shall be credited against the defendant’s sentence.
24c. The court may prescribe the length of time for the
25evaluation and treatment or it may request that the community
26college or other approved provider conducting the course
27for drinking drivers which the person is ordered to attend
28or the treatment program to which the person is committed
29immediately report to the court when the person has received
30maximum benefit from the course for drinking drivers or
31treatment program or has recovered from the person’s addiction,
32dependency, or tendency to chronically abuse use alcohol or
33drugs.
34d. Upon successfully completing a course for drinking
35drivers or an ordered substance abuse use disorder treatment
-748-1program, a court may place the person on probation for six
2months and as a condition of probation, the person shall
3attend a program providing posttreatment services relating to
4substance abuse use disorder as approved by the court.
5e. A person committed under this section who does not
6possess sufficient income or estate to make payment of the
7costs of the treatment in whole or in part shall be considered
8a state patient and the costs of treatment shall be paid as
9provided in section 125.44.
10f. A defendant who fails to carry out the order of the
11court shall be confined in the county jail for twenty days in
12addition to any other imprisonment ordered by the court or may
13be ordered to perform unpaid community service work, and shall
14be placed on probation for one year with a violation of this
15probation punishable as contempt of court.
16g. In addition to any other condition of probation, the
17person shall attend a program providing substance abuse use
18disorder prevention services or posttreatment services related
19to substance abuse use disorder as ordered by the court. The
20person shall report to the person’s probation officer as
21ordered concerning proof of attendance at the treatment program
22or posttreatment program ordered by the court. Failure to
23attend or complete the program shall be considered a violation
24of probation and is punishable as contempt of court.
252. a. Upon a second or subsequent offense in violation of
26section 321J.2, the court upon hearing may commit the defendant
27for inpatient treatment of alcoholism or drug addiction
28or dependency to any hospital, institution, or community
29correctional facility in Iowa providing such treatment. The
30time for which the defendant is committed for treatment shall
31be credited against the defendant’s sentence.
32b. The court may prescribe the length of time for the
33evaluation and treatment or it may request that the hospital
34to which the person is committed immediately report to the
35court when the person has received maximum benefit from the
-749-1program of the hospital or institution or has recovered from
2the person’s addiction, dependency, or tendency to chronically
3abuse use alcohol or drugs.
4c. A person committed under this section who does not
5possess sufficient income or estate to make payment of the
6costs of the treatment in whole or in part shall be considered
7a state patient and the costs of treatment shall be paid as
8provided in section 125.44.
93. The state department of transportation, in cooperation
10with the judicial branch, shall adopt rules, pursuant to the
11procedure in section 125.33, regarding the assignment of
12persons ordered under section 321J.17 to submit to substance
13abuse use disorder evaluation and treatment. The rules shall
14be applicable only to persons other than those committed to
15the custody of the director of the department of corrections
16under section 321J.2. The rules shall be consistent with the
17practices and procedures of the judicial branch in sentencing
18persons to substance abuse use disorder evaluation and
19treatment under section 321J.2. The rules shall include the
20requirement that the treatment programs utilized by a person
21pursuant to an order of the department of transportation meet
22the licensure standards of the department of public health
23and human services for substance abuse use disorder treatment
24programs under chapter 125. The rules shall also include
25provisions for payment of costs by the offenders, including
26insurance reimbursement on behalf of offenders, or other forms
27of funding, and shall also address reporting requirements of
28the facility, consistent with the provisions of sections 125.84
29and 125.86. The department of transportation shall be entitled
30to treatment information contained in reports to the department
31of transportation, notwithstanding any provision of chapter 125
32that would restrict department access to treatment information
33and records.
34 Sec. 1072. Section 321J.17, subsection 2, paragraph b, Code
352023, is amended to read as follows:
-750- 1b. The court or department may request that the community
2college or substance abuse use disorder treatment providers
3licensed under chapter 125 or other approved provider
4conducting the course for drinking drivers that the person is
5ordered to attend immediately report to the court or department
6that the person has successfully completed the course for
7drinking drivers. The court or department may request that the
8treatment program which the person attends periodically report
9on the defendant’s attendance and participation in the program,
10as well as the status of treatment or rehabilitation.
11 Sec. 1073. Section 321J.22, subsections 2, 4, and 5, Code
122023, are amended to read as follows:
132. a. The course provided according to this section shall
14be offered on a regular basis at each community college as
15defined in section 260C.2, or by substance abuse use disorder
16 treatment programs licensed under chapter 125, or may be
17offered at a state correctional facility listed in section
18904.102. However, a community college shall not be required to
19offer the course if a substance abuse use disorder treatment
20program licensed under chapter 125 offers the course within the
21merged area served by the community college.
22b. Enrollment in the courses is not limited to persons
23ordered to enroll, attend, and successfully complete the
24course required under sections 321J.2 and 321J.17, subsection
252. However, any person under age eighteen who is required to
26attend the courses for violation of section 321J.2 or 321J.17
27must attend a course offered by a substance abuse use disorder
28 treatment program licensed under chapter 125.
29c. The course required by this section shall be:
30(1) Taught by a community college under the supervision
31of the department of education or by a substance abuse use
32disorder treatment program licensed under chapter 125, and may
33be offered at a state correctional facility.
34(2) Approved by the department of education, in
35consultation with the community colleges, substance abuse
-751-1 use disorder treatment programs licensed under chapter 125,
2the department of public health and human services, and the
3department of corrections.
4d. The department of education may approve a provider of
5a course for drinking drivers offered outside this state upon
6proof to the department’s satisfaction that the course is
7comparable to those offered by community colleges, substance
8abuse use disorder treatment programs licensed under chapter
9125, and state correctional facilities as provided in this
10section. The department shall comply with the requirements of
11subsection 5 regarding such approved providers.
12e. The department of education shall establish reasonable
13fees to defray the expense of obtaining classroom space,
14instructor salaries, and class materials for courses offered
15both by community colleges and by substance abuse use
16disorder treatment programs licensed under chapter 125, or
17for classes offered at a state correctional facility, and
18for administrative expenses incurred by the department of
19education in implementing subsection 5 on behalf of in-state
20and out-of-state offenders.
21f. A person shall not be denied enrollment in a course by
22reason of the person’s indigency.
234. The department of education, substance abuse use
24disorder treatment programs licensed under chapter 125,
25and state correctional facilities shall prepare for their
26respective courses a list of the locations of the courses
27taught under this section, the dates and times taught, the
28procedure for enrollment, and the schedule of course fees. The
29list shall be kept current and a copy of the list shall be sent
30to each court having jurisdiction over offenses provided in
31this chapter.
325. The department of education, substance abuse use
33disorder treatment programs licensed under chapter 125, and
34state correctional facilities shall maintain enrollment,
35attendance, successful and nonsuccessful completion data for
-752-1their respective courses on the persons ordered to enroll,
2attend, and successfully complete a course for drinking
3drivers. This data shall be forwarded to the court by the
4department of education, substance abuse use disorder treatment
5programs licensed under chapter 125, and the department of
6corrections.
7 Sec. 1074. Section 321J.23, subsection 5, Code 2023, is
8amended to read as follows:
95. The reality education substance abuse use disorder
10 prevention program provides guidelines for the operation of an
11intensive program to discourage recidivism.
12 Sec. 1075. Section 321J.24, subsection 1, paragraphs b and
13c, Code 2023, are amended to read as follows:
14b. “Participant” means a person who is ordered by the court
15to participate in the reality education substance abuse use
16disorder prevention program.
17c. “Program” means the reality education substance abuse use
18disorder prevention program.
19 Sec. 1076. Section 321J.24, subsection 2, Code 2023, is
20amended to read as follows:
212. A reality education substance abuse use disorder
22 prevention program is established in those judicial
23districts where the chief judge of the judicial district
24authorizes participation in the program. Upon a conviction
25or adjudication for a violation of section 321J.2, or the
26entry of a deferred judgment concerning a violation of section
27321J.2, the court or juvenile court may order participation in
28the reality education substance abuse use disorder prevention
29program as a term and condition of probation or disposition
30in addition to any other term or condition of probation or
31disposition required or authorized by law. The court or
32juvenile court shall require the defendant or delinquent child
33to abstain from consuming any controlled substance, alcoholic
34liquor, wine, or beer while participating in the program.
35 Sec. 1077. Section 321J.24, subsection 5, paragraph a,
-753-1subparagraph (2), Code 2023, is amended to read as follows:
2(2) A facility for the treatment of persons with
3substance-related disorders a substance use disorder as defined
4in section 125.2, under the supervision of appropriately
5licensed medical personnel.
6 Sec. 1078. Section 321J.25, Code 2023, is amended to read
7as follows:
8321J.25 Youthful offender substance abuse use disorder
9 awareness program.
101. As used in this section, unless the context otherwise
11requires:
12a. “Participant” means a person whose driver’s license or
13operating privilege has been revoked for a violation of section
14321J.2A.
15b. “Program” means a substance abuse use disorder awareness
16program provided under a contract entered into between the
17provider and the Iowa department of public health and human
18services under chapter 125.
19c. “Program coordinator” means a person assigned the duty
20to coordinate a participant’s activities in a program by the
21program provider.
222. A substance abuse use disorder awareness program is
23established in each of the regions established by the director
24of public health and human services pursuant to section
25125.12. The program shall consist of an insight class and
26a substance abuse use disorder evaluation, which shall be
27attended by the participant, to discuss issues related to the
28potential consequences of substance abuse use disorder. The
29parent or parents of the participant shall also be encouraged
30to participate in the program. The program provider shall
31consult with the participant or the parents of the participant
32in the program to determine the timing and appropriate level
33of participation for the participant and any participation by
34the participant’s parents. The program may also include a
35supervised educational tour by the participant to any or all
-754-1of the following:
2a. A hospital or other emergency medical care facility
3which regularly receives victims of motor vehicle accidents,
4to observe treatment of appropriate victims of motor vehicle
5accidents involving intoxicated drivers, under the supervision
6of a registered nurse, physician, paramedic, or emergency
7medical technician.
8b. A facility for the treatment of persons with
9substance-related disorders a substance use disorder as defined
10in section 125.2, under the supervision of appropriately
11licensed medical personnel.
12c. If approved by the state or county medical examiner, a
13morgue or a similar facility to receive appropriate educational
14material and instruction concerning damage caused by the
15consumption of alcohol or other drugs, under the supervision of
16the county medical examiner or deputy medical examiner.
173. If the program includes a tour, the program coordinator
18shall explain and discuss the experiences which may be
19encountered during the tour to the participant. If the program
20coordinator determines at any time before or during a tour that
21the tour may be traumatic or otherwise inappropriate for the
22participant, the program coordinator shall terminate the tour
23without prejudice to the participant.
244. Upon the revocation of the driver’s license or operating
25privileges of a person who is fourteen years of age or older
26for a violation of section 321J.2A, if the person has had no
27previous revocations under either section 321J.2 or section
28321J.2A, a person may participate in the substance abuse
29 use disorder awareness program. The state department of
30transportation shall notify a potential program participant
31of the possibility and potential benefits of attending a
32program and shall notify a potential program participant of the
33availability of programs which exist in the area in which the
34person resides. The state department of transportation shall
35consult with the Iowa department of public health and human
-755-1services to determine what programs are available in various
2areas of the state.
35. Program providers and facilities toured during the
4program are not liable for any civil damages resulting from
5injury to the participant, or civil damages caused by the
6participant during or from any activities related to a tour,
7except for willful or grossly negligent acts intended to, or
8reasonably expected to result in, such injury or damage.
96. The program provider shall determine fees to be paid by
10participants in the program. The program fees shall be paid on
11a sliding scale, based upon the ability of a participant and a
12participant’s family to pay the fees, and shall not exceed one
13hundred dollars per participant. The program provider shall
14use the fees to pay all costs associated with the program.
15 Sec. 1079. Section 324A.1, subsection 6, Code 2023, is
16amended to read as follows:
176. “Transportation” means the movement of individuals
18in a four or more wheeled motorized vehicle designed to
19carry passengers, including a car, van, or bus, between one
20geographic point and another geographic point. “Transportation”
21does not include emergency or incidental transportation or
22transportation conducted by the department of health and human
23services at its institutions.
24 Sec. 1080. Section 324A.4, subsection 2, paragraph a, Code
252023, is amended to read as follows:
26a. Upon request, the department shall provide assistance
27to political subdivisions, state agencies, and organizations
28affected by this chapter for federal aid applications for urban
29and rural transit system program aid. The department, in
30cooperation with the regional planning agencies, shall maintain
31current information reflecting the amount of federal, state,
32and local aid received by the public and private nonprofit
33organizations providing public transit services and the purpose
34for which the aid is received. The department shall biennially
35prepare a report to be submitted to the general assembly and
-756-1the governor prior to December 15 of even-numbered years. The
2report shall recommend methods to increase transportation
3coordination and improve the efficiency of federal, state,
4and local government programs used to finance public transit
5services and may address other topics as appropriate. The
6department of health and human services, the department on
7aging, and the officers and agents of the other affected state
8and local government units shall provide input as requested by
9the department.
10 Sec. 1081. Section 324A.5, unnumbered paragraph 1, Code
112023, is amended to read as follows:
12The department of health and human services, department on
13aging, and the officers and agents of other state and local
14governmental units shall assist the department in carrying out
15section 324A.4, subsections 1 and 2, insofar as the functions
16of these respective officers and departments are concerned
17with the health, welfare and safety of any recipient of
18transportation services.
19 Sec. 1082. Section 331.304, subsection 9, Code 2023, is
20amended to read as follows:
219. A county shall not adopt or enforce any ordinance
22imposing any registration or licensing system or registration
23or license fees for or relating to owner-occupied manufactured
24or mobile homes including the lots, lands, or manufactured
25home community or mobile home park upon or in which they are
26located. A county shall not adopt or enforce any ordinance
27imposing any registration or licensing system, or registration
28or license fees, or safety or sanitary standards for rental
29manufactured or mobile homes unless similar registration or
30licensing system, or registration or license fees, or safety
31or sanitary standards are required for other rental properties
32intended for human habitation. This subsection does not
33preclude the investigation and abatement of a nuisance or the
34enforcement of a tiedown system, or the enforcement of any
35regulations of the state council on health and human services
-757-1 or local board of health if those regulations apply to other
2rental properties or to owner-occupied housing intended for
3human habitation.
4 Sec. 1083. Section 331.321, subsection 1, paragraph f, Code
52023, is amended to read as follows:
6f. The members of the service area advisory board in
7accordance with section 217.43.
8 Sec. 1084. Section 331.323, subsection 1, paragraph a,
9subparagraph (9), Code 2023, is amended to read as follows:
10(9) Executive officer of the service area advisory board in
11accordance with section 217.43.
12 Sec. 1085. Section 331.382, subsections 3 and 6, Code 2023,
13are amended to read as follows:
143. The power to legislate in regard to chemical substance
15abuse use is subject to section 125.40.
166. The power to operate juvenile detention and shelter care
17homes is subject to approval of the homes by the director of
18the department of health and human services or the director’s
19designee, as provided in section 232.142.
20 Sec. 1086. Section 331.388, Code 2023, is amended to read
21as follows:
22331.388 Definitions.
23As used in this part, unless the context otherwise requires:
241. “Children’s behavioral health services” means the same as
25defined in section 225C.2.
262. “Department” means the department of health and human
27services.
283. “Director” means the director of health and human
29services.
303. 4. “Disability services” means the same as defined in
31section 225C.2.
324. 5. “Population” means, as of July 1 of the fiscal year
33preceding the fiscal year in which the population figure is
34applied, the population shown by the latest preceding certified
35federal census or the latest applicable population estimate
-758-1issued by the United States census bureau, whichever is most
2recent.
35. 6. “Regional administrator” means the administrative
4office, organization, or entity formed by agreement of the
5counties participating in a region to function on behalf of
6those counties in accordance with this part.
76. 7. “Serious emotional disturbance” means the same as
8defined in section 225C.2.
97. 8. “State board” means the children’s system state board
10created in section 225C.51.
118. 9. “State commission” means the mental health and
12disability services commission created in section 225C.5.
13 Sec. 1087. Section 331.389, subsections 1 and 2, Code 2023,
14are amended to read as follows:
151. Local access to mental health and disability services
16shall be provided by a regional service system comprised of
17mental health and disability services regions approved by the
18director of the department. It is the intent of the general
19assembly that the residents of this state should have access to
20needed mental health and disability services regardless of the
21location of their residence.
222. The director of human services shall approve a region
23meeting the requirements of subsection 3.
24 Sec. 1088. Section 331.390, subsection 2, paragraph c, Code
252023, is amended to read as follows:
26c. The membership of the governing board shall not include
27employees of the department of human services or a nonelected
28employee of a county.
29 Sec. 1089. Section 331.391, subsection 4, paragraph b, Code
302023, is amended to read as follows:
31b. Each region shall certify to the department of human
32services on or before December 1, 2021, and each December 1
33thereafter, the amount of the region’s cash flow amount in
34the combined account at the conclusion of the most recently
35completed fiscal year.
-759-1 Sec. 1090. Section 331.393, subsection 2, unnumbered
2paragraph 1, Code 2023, is amended to read as follows:
3Each region shall submit to the department an annual
4service and budget plan approved by the region’s governing
5board and subject to approval by the director of human
6services. Provisions for approval by the director of human
7services’ approval of the annual service and budget plan,
8and any amendments to the plan, and other requirements shall
9be specified in rule adopted by the state commission. The
10provisions addressed in the annual plan shall include but are
11not limited to all of the following:
12 Sec. 1091. Section 331.393, subsection 4, unnumbered
13paragraph 1, Code 2023, is amended to read as follows:
14The region shall have in effect a policies and procedures
15manual for the regional service system. The manual shall be
16approved by the region’s governing board and is subject to
17approval by the director of human services. An approved manual
18shall remain in effect subject to amendment. An amendment
19to the manual shall be submitted to the department at least
20forty-five days prior to the date of implementation of the
21amendment. Prior to implementation of an amendment to the
22manual, the amendment must be approved by the director of human
23services in consultation with the state commission. The manual
24shall include but is not limited to all of the following:
25 Sec. 1092. Section 331.393, subsections 5 and 8, Code 2023,
26are amended to read as follows:
275. The provisions of a regional service system management
28plan shall include measures to address the needs of persons
29who have two or more co-occurring mental health, intellectual
30or other developmental disability, brain injury, or
31substance-related substance use disorders and individuals with
32specialized needs. Implementation of measures to meet the
33needs of persons with a developmental disability other than
34intellectual disability, brain injury, or substance-related
35disorders a substance use disorder is contingent upon
-760-1identification of a funding source to meet those needs and
2implementation of provisions to engage the entity under
3contract with the state to provide services to address
4substance-related substance use disorders within the regional
5service system.
68. If a region determines that the region cannot provide
7services for the fiscal year in accordance with the regional
8plan and remain in compliance with applicable budgeting
9requirements, the region may implement a waiting list for
10the services. The procedures for establishing and applying
11a waiting list shall be specified in the regional plan. If
12a region implements a waiting list for services, the region
13shall notify the department of human services. The department
14shall maintain on the department’s internet site an up-to-date
15listing of the regions that have implemented a waiting list and
16the services affected by each waiting list.
17 Sec. 1093. Section 331.394, subsection 1, paragraph a, Code
182023, is amended to read as follows:
19a. “County of residence” means the county in this state in
20which, at the time a person applies for or receives services,
21the person is living and has established an ongoing presence
22with the declared, good faith intention of living in the
23county for a permanent or indefinite period of time. The
24county of residence of a person who is a homeless person is
25the county where the homeless person usually sleeps. A person
26maintains residency in the county or state in which the person
27last resided while the person is present in another county or
28this state receiving services in a hospital, a correctional
29facility, a halfway house for community-based corrections or
30substance-related substance use disorder treatment, a nursing
31facility, an intermediate care facility for persons with an
32intellectual disability, or a residential care facility, or for
33the purpose of attending a college or university.
34 Sec. 1094. Section 331.394, subsection 3, Code 2023, is
35amended to read as follows:
-761- 13. If a service authorization or other services-related
2decision made by a regional administrator concerning a person
3varies from the type and amount of service identified to be
4necessary for the person in a clinical determination made by a
5mental health professional and the mental health professional
6believes that failure to provide the type and amount of service
7identified could cause an immediate danger to the person’s
8health or safety, the person may request an expedited review
9of the regional administrator’s decision to be made by the
10department of human services. An expedited review held in
11accordance with this subsection is subject to the following
12procedures:
13a. The request for the expedited review shall be filed
14within five business days of receiving the notice of decision
15by the regional administrator. The request must be in writing,
16plainly state the request for an expedited review in the
17caption and body of the request, and be supported by written
18documentation from the mental health professional who made the
19clinical determination stating how the notice of decision on
20services could cause an immediate danger to the person’s health
21or safety.
22b. The expedited review shall be performed by a designee
23of the director who is a mental health professional, who is
24either the administrator of the division of mental health and
25disability services of the department of human services or the
26administrator’s designee. If the administrator is not a mental
27health professional, the expedited review shall be performed
28by a designee of the administrator who is a mental health
29professional and is free of any conflict of interest to perform
30the expedited review. The expedited review shall be performed
31within two business days of the time the request is filed. If
32the reviewer determines the information submitted in connection
33with the request is inadequate to perform the review, the
34reviewer shall request the submission of additional information
35and the review shall be performed within two business days of
-762-1the time that adequate information is submitted. The regional
2administrator and the person, with the assistance of the mental
3health professional who made the clinical determination, shall
4each provide a brief statement of facts, conclusions, and
5reasons for the decision made. Supporting clinical information
6shall also be attached. All information related to the
7proceedings and any related filings shall be considered to be
8mental health information subject to chapter 228.
9c. The administrator or director’s designee shall issue
10an order, including a brief statement of findings of fact,
11conclusions of law, and policy reasons for the order, to
12justify the decision made concerning the expedited review.
13If the decision concurs with the contention that there is an
14immediate danger to the person’s health or safety, the order
15shall identify the type and amount of service which shall be
16provided for the person. The administrator or director’s
17 designee shall give such notice as is practicable to persons
18who are required to comply with the order. The order is
19effective when issued.
20d. The decision of the administrator or director’s designee
21shall be considered a final agency action and is subject to
22judicial review in accordance with section 17A.19. The record
23for judicial review consists of any documents regarding the
24matter that were considered or prepared by the administrator or
25 director’s designee. The administrator or director’s designee
26shall maintain these documents as the official record of the
27decision. If the matter is appealed to the district court, the
28record shall be filed as confidential.
29 Sec. 1095. Section 331.396, subsection 1, paragraphs c and
30d, Code 2023, are amended to read as follows:
31c. The person has had at any time during the preceding
32twelve-month period a mental health, behavioral, or emotional
33disorder or, in the opinion of a mental health professional,
34may now have such a diagnosable disorder. The diagnosis
35shall be made in accordance with the criteria provided in
-763-1the diagnostic and statistical manual of mental disorders,
2fourth edition, text revision, published by the American
3psychiatric association, and shall not include the manual’s
4“V” codes identifying conditions other than a disease or
5injury. The diagnosis shall also not include substance-related
6 substance use disorders, dementia, antisocial personality, or
7developmental disabilities, unless co-occurring with another
8diagnosable mental illness.
9d. The person’s eligibility for individualized services
10shall be determined in accordance with the standardized
11functional assessment methodology approved for mental health
12services by the director of human services in consultation with
13the state commission.
14 Sec. 1096. Section 331.396, subsection 2, paragraph e, Code
152023, is amended to read as follows:
16e. The person’s eligibility for individualized services
17shall be determined in accordance with the standardized
18functional assessment methodology approved for intellectual
19disability and developmental disability services by the
20director of human services.
21 Sec. 1097. Section 331.396, subsection 3, paragraph d, Code
222023, is amended to read as follows:
23d. The person’s eligibility for individualized services
24shall be determined in accordance with a standardized
25functional assessment methodology approved for this purpose by
26the director of human services.
27 Sec. 1098. Section 331.397, subsection 2, paragraph a,
28subparagraph (2), Code 2023, is amended to read as follows:
29(2) Subject to the available appropriations, the director
30of human services shall ensure the core service domains listed
31in subsections 4 and 5 are covered services for the medical
32assistance program under chapter 249A to the greatest extent
33allowable under federal regulations. The medical assistance
34program shall reimburse Medicaid enrolled providers for
35Medicaid covered services under subsections 4 and 5 when
-764-1the services are medically necessary, the Medicaid enrolled
2provider submits an appropriate claim for such services, and
3no other third-party payer is responsible for reimbursement of
4such services. Within funds available, the region shall pay
5for such services for eligible persons when payment through the
6medical assistance program or another third-party payment is
7not available, unless the person is on a waiting list for such
8payment or it has been determined that the person does not meet
9the eligibility criteria for any such service.
10 Sec. 1099. Section 331.397, subsection 3, unnumbered
11paragraph 1, Code 2023, is amended to read as follows:
12Pursuant to recommendations made by the director of human
13services, the state commission shall adopt rules as required
14by section 225C.6 to define the services included in the core
15service domains listed in this section. The rules shall
16provide service definitions, service provider standards,
17service access standards, and service implementation dates, and
18shall provide consistency, to the extent possible, with similar
19service definitions under the medical assistance program.
20 Sec. 1100. Section 331.397A, subsection 2, paragraph a,
21subparagraph (2), Code 2023, is amended to read as follows:
22(2) Subject to the available appropriations, the director
23of human services shall ensure the behavioral health core
24service domains listed in subsection 4 are covered services
25for the medical assistance program under chapter 249A to the
26greatest extent allowable under federal regulations. The
27medical assistance program shall reimburse Medicaid enrolled
28providers for Medicaid covered services under subsection 4 when
29the services are medically necessary, the Medicaid enrolled
30provider submits an appropriate claim for such services, and
31no other third-party payor is responsible for reimbursement
32of such services. Within the funds available, the region
33shall pay for such services for eligible children when payment
34through the medical assistance program or another third-party
35payment is not available, unless the child is on a waiting list
-765-1for such payment or it has been determined that the child does
2not meet the eligibility criteria for any such service.
3 Sec. 1101. Section 331.397A, subsection 3, Code 2023, is
4amended to read as follows:
53. Pursuant to recommendations made by the state board, the
6department of human services shall adopt rules to define the
7services included in the core domains listed in this section.
8The rules shall provide service definitions, service provider
9standards, service access standards, and service implementation
10dates, and shall provide consistency, to the extent possible,
11with similar service definitions under the medical assistance
12program.
13 Sec. 1102. Section 331.398, subsection 1, Code 2023, is
14amended to read as follows:
151. The financing of a regional mental health and disability
16services regional service system is limited to a fixed budget
17amount. The fixed budget amount shall be the amount identified
18in a regional service system management plan and budget for the
19fiscal year.
20 Sec. 1103. Section 331.402, subsection 2, paragraph b, Code
212023, is amended to read as follows:
22b. Enter into an agreement with the state department of
23health and human services for assistance in accordance with
24section 249A.12.
25 Sec. 1104. Section 331.424, subsection 1, paragraph
26a, subparagraph (1), subparagraph division (a), unnumbered
27paragraph 1, Code 2023, is amended to read as follows:
28The costs of inpatient or outpatient substance abuse use
29disorder admission, commitment, transportation, care, and
30treatment at any of the following:
31 Sec. 1105. Section 331.756, subsections 26 and 39, Code
322023, are amended to read as follows:
3326. At the request of the director of public health and
34human services, commence legal action to enjoin the unlawful
35use of radiation-emitting equipment as provided in section
-766-1136C.5.
239. Appear on behalf of the administrator of the division
3of mental health and disability services director of the
4department of health and human services in support of an
5application to transfer a person with mental illness who
6becomes incorrigible and dangerous from a state hospital for
7persons with mental illness mental health institute to the
8Iowa medical and classification center as provided in section
9226.30.
10 Sec. 1106. Section 331.910, Code 2023, is amended to read
11as follows:
12331.910 Interstate contracts for mental health and
13substance-related substance use disorder treatment.
141. Purpose. The purpose of this section is to enable
15appropriate care and treatment to be provided to a person with
16a substance-related substance use disorder or a mental illness,
17across state lines from the person’s state of residence, in
18qualified hospitals, centers, and facilities.
192. Definitions. For the purposes of this section:
20a. “Bordering state” means Illinois, Minnesota, Missouri,
21Nebraska, South Dakota, or Wisconsin.
22b. “Receiving agency” means a public or private hospital,
23mental health center, substance abuse use disorder treatment
24and rehabilitation facility, or detoxification center, which
25provides substance abuse use disorder or mental health care
26and treatment to a person from a state other than the state in
27which a hospital, center, or facility is located.
28c. “Receiving state” means the state in which a receiving
29agency is located.
30d. “Region” means a mental health and disability services
31region formed in accordance with section 331.389.
32e. “Sending agency” means a state or regional agency
33located in a state which sends a person to a receiving state
34for substance abuse use disorder or mental health care and
35treatment under this section.
-767- 1f. “Sending state” means the state in which a sending agency
2is located.
33. Voluntary civil commitments.
4a. A region may contract with a receiving agency in a
5bordering state to secure substance abuse use disorder or
6mental health care and treatment under this subsection for
7persons who receive substance abuse use disorder or mental
8health care and treatment pursuant to section 125.33, 125.91,
9229.2, or 229.22 through a region.
10b. This subsection shall not apply to a person who is any
11of the following:
12(1) Serving a criminal sentence.
13(2) On probation or parole.
14(3) The subject of a presentence investigation.
15c. A region may contract with a sending agency in a
16bordering state to provide care and treatment under this
17subsection for residents of the bordering state in approved
18substance abuse use disorder and mental health care and
19treatment hospitals, centers, and facilities in this state,
20except that care and treatment shall not be provided for
21residents of the bordering state who are involved in criminal
22proceedings substantially similar to the involvement described
23in paragraph “b”.
244. Involuntary civil commitments.
25a. A person who is detained, committed, or placed on an
26involuntary basis under section 125.75, 125.91, 229.6, or
27229.22 may be civilly committed and treated in another state
28pursuant to a contract under this subsection.
29b. A person who is detained, committed, or placed on
30an involuntary basis under the civil commitment laws of a
31bordering state substantially similar to section 125.75,
32125.91, 229.6, or 229.22 may be civilly committed and treated
33in this state pursuant to a contract under this subsection.
34c. A law enforcement officer acting under the authority of a
35sending state may transport a person to a receiving agency that
-768-1provides substance abuse use disorder or mental health care and
2treatment pursuant to a contract under this subsection and may
3transport the person back to the sending state under the laws
4of the sending state.
5d. Court orders valid under the law of the sending state
6are granted recognition and reciprocity in the receiving state
7for a person covered by a contract under this subsection to
8the extent that the court orders relate to civil commitment
9for substance abuse use disorder or mental health care and
10treatment. Such care and treatment may include care and
11treatment for co-occurring substance-related substance use and
12mental health disorders. Such court orders are not subject to
13legal challenge in the courts of the receiving state.
14e. A person who is detained, committed, or placed under the
15laws of a sending state and who is transferred to a receiving
16state under this subsection shall be considered to be in the
17legal custody of the authority responsible for the person under
18the laws of the sending state with respect to the involuntary
19civil commitment of the person due to a mental illness or a
20substance-related substance use disorder.
21f. While in the receiving state pursuant to a contract
22under this subsection, a person detained, committed, or placed
23under the laws of a sending state shall be subject to all laws
24and regulations of the receiving state, except those laws and
25regulations with respect to the involuntary civil commitment
26of the person due to a mental illness or substance-related
27 substance use disorder. A person shall not be sent to a
28receiving state pursuant to a contract under this subsection
29until the receiving state has enacted a law recognizing the
30validity and applicability of this subsection.
31g. If a person receiving care and treatment pursuant to
32a contract under this subsection escapes from the receiving
33agency and the person at the time of the escape is subject to
34involuntary civil commitment under the laws of the sending
35state, the receiving agency shall use all reasonable means to
-769-1recapture the escapee. The receiving agency shall immediately
2report the escape of the person to the sending agency. The
3receiving state has the primary responsibility for, and the
4authority to direct, the pursuit, retaking, and prosecution of
5escaped persons within its borders and is liable for the cost
6of such action to the extent that it would be liable for costs
7if its own resident escaped.
8h. Responsibility for payment for the cost of care and
9treatment under this subsection shall remain with the sending
10agency.
115. A contract entered into under this section shall, at a
12minimum, meet all of the following requirements:
13a. Describe the care and treatment to be provided.
14b. Establish responsibility for the costs of the care and
15treatment, except as otherwise provided in subsection 4.
16c. Establish responsibility for the costs of transporting
17individuals receiving care and treatment under this section.
18d. Specify the duration of the contract.
19e. Specify the means of terminating the contract.
20f. Identify the goals to be accomplished by the placement
21of a person under this section.
226. This section shall apply to all of the following:
23a. Detoxification services that are unrelated to substance
24abuse use disorder or mental health care and treatment
25regardless of whether the care and treatment are provided on a
26voluntary or involuntary basis.
27b. Substance abuse use disorder and mental health care and
28treatment contracts that include emergency care and treatment
29provided to a resident of this state in a bordering state.
30 Sec. 1107. Section 347.7, subsection 4, paragraph a, Code
312023, is amended to read as follows:
32a. The tax levy authorized by this section for operation
33and maintenance of the hospital may be available in whole or in
34part to any county with or without a county hospital organized
35under this chapter, to be used to enhance rural health services
-770-1in the county. However, the tax levied may be expended for
2enhancement of rural health care services only following a
3local planning process. The Iowa department of public health
4and human services shall establish guidelines to be followed
5by counties in implementing the local planning process which
6shall require legal notice, public hearings, and a referendum
7in accordance with this subsection prior to the authorization
8of any new levy or a change in the use of a levy. The notice
9shall describe the new levy or the change in the use of the
10levy, indicate the date and location of the hearing, and shall
11be published at least once each week for two consecutive weeks
12in a newspaper having general circulation in the county. The
13hearing shall not take place prior to two weeks after the
14second publication.
15 Sec. 1108. Section 347.16, subsection 2, Code 2023, is
16amended to read as follows:
172. Free care and treatment shall be furnished in a county
18public hospital to any sick or injured person who fulfills
19the residency requirements under section 47.4, subsection
201, paragraph “d”, Code 1993, in the county maintaining the
21hospital, and who is indigent. The board of hospital trustees
22shall determine whether a person is indigent and entitled
23to free care under this subsection, or may delegate that
24determination to the general assistance director or the office
25of the department of health and human services in that county,
26subject to guidelines the board may adopt in conformity with
27applicable statutes.
28 Sec. 1109. Section 347B.14, Code 2023, is amended to read
29as follows:
30347B.14 Effect of approval of plans.
31When plans for construction or modification of a county care
32facility have been properly approved by the Iowa department of
33public health and human services or other appropriate state
34agency, the facility constructed in accord with the plans so
35approved shall not for a period of at least ten years from
-771-1completion of the construction or modification be considered
2deficient or ineligible for licensing by reason of failure
3to meet any regulation or standard established subsequent to
4approval of the construction and modification plans, unless a
5clear and present danger exists that would adversely affect the
6residents of the facility.
7 Sec. 1110. Section 351.40, Code 2023, is amended to read as
8follows:
9351.40 Quarantine.
10If a local board of health believes rabies to be epidemic, or
11believes there is a threat of epidemic, in its jurisdiction,
12it may declare a quarantine in all or part of the area under
13its jurisdiction and such declaration shall be reported to the
14Iowa department of public health and human services. During
15the period of quarantine, any person owning or having a dog in
16the person’s possession in the quarantined area shall keep such
17animal securely enclosed or on a leash for the duration of the
18quarantine period.
19 Sec. 1111. Section 356.37, Code 2023, is amended to read as
20follows:
21356.37 Confinement and detention report — design proposals.
22The division of subunit of the department of health and
23human services responsible for criminal and juvenile justice
24planning of the department of human rights, in consultation
25with the department of corrections, the Iowa county attorneys
26association, the Iowa state sheriff’s association, the
27Iowa peace officers association, a statewide organization
28representing rural property taxpayers, the Iowa league of
29cities, and the Iowa board of supervisors association, shall
30prepare a report analyzing the confinement and detention
31needs of jails and facilities established pursuant to this
32chapter and chapter 356A. The report for each type of jail or
33facility shall include but is not limited to an inventory of
34prisoner space, daily prisoner counts, options for detention
35of prisoners with mental illness or substance abuse use
-772-1disorder service needs, and the compliance status under section
2356.36 for each jail or facility. The report shall contain an
3inventory of recent jail or facility construction projects in
4which voters have approved the issuance of general obligation
5bonds, essential county purpose bonds, revenue bonds, or bonds
6issued pursuant to chapter 423B. The report shall be revised
7periodically as directed by the administrator of the division
8of criminal and juvenile justice planning director of health
9and human services. The first submission of the report shall
10include recommendations on offender data needed to estimate
11jail space needs in the next two, three, and five years, on a
12county, geographic region, and statewide basis, which may be
13based upon information submitted pursuant to section 356.49.
14 Sec. 1112. Section 356.48, subsection 1, Code 2023, is
15amended to read as follows:
161. A person confined to a jail or in the custody of a peace
17officer, who bites another person, who causes an exchange of
18bodily fluids with another person, or who causes any bodily
19secretion to be cast upon another person, shall submit to the
20withdrawal of a bodily specimen for testing to determine if
21the person is infected with a contagious or infectious disease
22as defined in section 141A.2. The bodily specimen to be taken
23shall be determined by the attending physician of the jail
24or the county medical examiner. The specimen taken shall be
25sent to the state hygienic laboratory at the state university
26at Iowa City or some other laboratory approved by the Iowa
27 department of public health and human services. If a person
28to be tested pursuant to this section refuses to submit to the
29withdrawal of a bodily specimen, the sheriff, person in charge
30of the jail, or any potentially infected person may file an
31application with the district court for an order compelling
32the person that may have caused an infection to submit to the
33withdrawal and, if infected, to receive available treatment.
34An order authorizing the withdrawal of a specimen for testing
35may be issued only by a district judge or district associate
-773-1judge upon application by the sheriff, person in charge of the
2jail, or any other potentially infected person.
3 Sec. 1113. Section 358.24, subsection 3, Code 2023, is
4amended to read as follows:
53. A sanitary district adjoining a border of the state and
6owning and operating a sewage disposal plant, may contract with
7the governing body of any legal entity in an adjacent area
8in another state, to process the sewage from the area. The
9contract shall be subject to approval of the Iowa department of
10public health and human services.
11 Sec. 1114. Section 364.3, subsection 5, Code 2023, is
12amended to read as follows:
135. A city shall not adopt or enforce any ordinance imposing
14any registration or licensing system or registration or license
15fees for or relating to owner-occupied manufactured or mobile
16homes including the lots, lands, or manufactured home community
17or mobile home park upon or in which they are located. A
18city shall not adopt or enforce any ordinance imposing any
19registration or licensing system, or registration or license
20fees, or safety or sanitary standards for rental manufactured
21or mobile homes unless a similar registration or licensing
22system, or registration or license fees, or safety or sanitary
23standards are required for other rental properties intended
24for human habitation. This subsection does not preclude the
25investigation and abatement of a nuisance or the enforcement of
26a tiedown system, or the enforcement of any regulations of the
27state council on health and human services or local board of
28health if those regulations apply to other rental properties or
29to owner-occupied housing intended for human habitation.
30 Sec. 1115. Section 403A.23, Code 2023, is amended to read
31as follows:
32403A.23 Eligibility of persons receiving public assistance.
33Any statute to the contrary notwithstanding, no person
34otherwise eligible to be a tenant in a municipal housing
35project, shall be declared ineligible therefor or denied
-774-1occupancy therein in the municipal housing project merely
2because the person is receiving in some form public assistance
3such as including but not limited to federal supplemental
4security income or state supplementary payments, assistance as
5defined by section 249.1, or welfare assistance, unemployment
6compensation, or social security payments, etc.
7 Sec. 1116. Section 411.6, subsection 16, paragraph c, Code
82023, is amended to read as follows:
9c. A member eligible to commence receiving a disability
10benefit on or after July 1, 2000, may be ineligible to receive
11a disability retirement benefit if the system determines that
12the member’s alcoholism or drug addiction was a contributing
13factor material to the determination of the member’s
14disability. Upon a determination that the member’s alcoholism
15or drug addiction was a contributing factor in the member’s
16disability, the system shall direct the member to undergo
17substance abuse use disorder treatment that the medical board
18determines is appropriate to treat the member’s alcoholism
19or drug addiction. After the end of a twenty-four-month
20period following the member’s first month of entitlement to a
21disability benefit, the system shall reevaluate the member’s
22disability. If the system determines that the member failed to
23comply with the treatment program prescribed by this paragraph
24and that the member would not be disabled but for the member’s
25alcoholism or drug addiction, the member’s entitlement to a
26disability benefit under this chapter shall terminate effective
27the first day of the first month following the month the member
28is notified of the system’s determination.
29 Sec. 1117. Section 421.17, subsections 20 and 21, Code 2023,
30are amended to read as follows:
3120. To cooperate with the child support recovery unit
32 services created in chapter 252B to establish and maintain
33a process to implement the provisions of section 252B.5,
34subsection 9. The department of revenue shall forward to
35individuals meeting the criteria under section 252B.5,
-775-1subsection 9, paragraph “a”, a notice by first class mail that
2the individual is obligated to file a state estimated tax form
3and to remit a separate child support payment.
4a. Individuals notified shall submit a state estimated tax
5form on a quarterly basis.
6b. The individual shall pay monthly, the lesser of the total
7delinquency or one hundred fifty percent of the current or most
8recent monthly obligation.
9c. The individual shall remit the payment to the department
10of revenue separate from any tax liability payments, identify
11the payment as a support payment, and make the payment payable
12to the collection services center. The department shall
13forward all payments received pursuant to this section to the
14collection services center established pursuant to chapter
15252B, for processing and disbursement. The department of
16revenue may establish a process for the child support recovery
17unit services or the collection services center to directly
18receive the payments. For purposes of crediting the support
19payments pursuant to sections 252B.14 and 598.22, payments
20received by the department of revenue and forwarded to the
21collection services center shall be credited as if received
22directly by the collection services center.
23d. The notice shall provide that, as an alternative to the
24provisions of paragraph “b”, the individual may contact the
25 child support recovery unit services to formalize a repayment
26plan and obtain an exemption from the quarterly filing
27requirement when payments are made pursuant to the repayment
28plan or to contest the balance due listed in the notice.
29e. The department of revenue, in cooperation with the child
30support recovery unit services, may adopt rules, if necessary,
31to implement this subsection.
3221. To provide information contained in state individual
33tax returns to the child support recovery unit services
34 for the purposes of establishment or enforcement of support
35obligations. The department of revenue and child support
-776-1recovery unit services may exchange information in a manual or
2automated fashion. The department of revenue, in cooperation
3with the child support recovery unit services, may adopt rules,
4if necessary, to implement this subsection.
5 Sec. 1118. Section 422.7, subsection 42, paragraph a,
6subparagraph (6), Code 2023, is amended to read as follows:
7(6) Subtract to the extent included the amount of a
8recruitment and retention bonus, not to exceed one thousand
9dollars, received by a child care worker through the
10recruitment and retention bonus program administered by the
11department of health and human services.
12 Sec. 1119. Section 422.12A, subsection 1, paragraph a, Code
132023, is amended to read as follows:
14a. “Adoption” means the permanent placement in this state of
15a child by the department of health and human services, by an
16adoption service provider as defined in section 600A.2, or by
17an agency that meets the provisions of the interstate compact
18in section 232.158.
19 Sec. 1120. Section 422.12A, subsection 5, Code 2023, is
20amended to read as follows:
215. The department of revenue and the department of health
22and human services shall each adopt rules to jointly administer
23this section.
24 Sec. 1121. Section 422.12K, subsection 3, Code 2023, is
25amended to read as follows:
263. The department of health and human services may authorize
27payment of moneys from the child abuse prevention program fund
28in accordance with section 235A.2.
29 Sec. 1122. Section 422D.6, subsection 3, paragraph b, Code
302023, is amended to read as follows:
31b. Nondisposable essential ambulance equipment, as defined
32by rule by the Iowa department of public health and human
33services.
34 Sec. 1123. Section 423.3, subsection 18, paragraphs b, c, d,
35and g, Code 2023, are amended to read as follows:
-777- 1b. Residential facilities licensed by the department of
2health and human services pursuant to chapter 237, other than
3those maintained by individuals as defined in section 237.1,
4subsection 7.
5c. Rehabilitation facilities that provide accredited
6rehabilitation services to persons with disabilities which are
7accredited by the commission on accreditation of rehabilitation
8facilities or the council on quality and leadership and adult
9day care services approved for reimbursement by the state
10 department of health and human services.
11d. Community mental health centers accredited by the
12department of health and human services pursuant to chapter
13225C.
14g. Substance abuse use disorder treatment or prevention
15programs that receive block grant funding from the Iowa
16 department of public health and human services.
17 Sec. 1124. Section 423.3, subsection 18, paragraph f,
18unnumbered paragraph 1, Code 2023, is amended to read as
19follows:
20Home and community-based services providers certified to
21offer Medicaid waiver services by the department of health and
22 human services that are any of the following:
23 Sec. 1125. Section 423.3, subsections 31 and 58, Code 2023,
24are amended to read as follows:
2531. a. The sales price of tangible personal property or
26specified digital products sold to and of services furnished
27to a tribal government as defined in section 216A.161, or the
28sales price of tangible personal property or specified digital
29products sold to and of services furnished, and used for public
30purposes sold to a tax-certifying or tax-levying body of the
31state or a governmental subdivision of the state, including the
32following: regional transit systems, as defined in section
33324A.1; the state board of regents; department of health
34and human services; state department of transportation; any
35municipally owned solid waste facility which sells all or part
-778-1of its processed waste as fuel to a municipally owned public
2utility; and all divisions, boards, commissions, agencies,
3or instrumentalities of state, federal, county, municipal,
4or tribal government which have no earnings going to the
5benefit of an equity investor or stockholder, except any of the
6following:
7a. (1) The sales price of tangible personal property or
8specified digital products sold to, or of services furnished,
9and used by or in connection with the operation of any
10municipally owned public utility engaged in selling gas,
11electricity, heat, pay television service, or communication
12service to the general public.
13b. (2) The sales price of furnishing of sewage services to
14a county or municipality on behalf of nonresidential commercial
15operations.
16c. (3) The furnishing of solid waste collection and
17disposal service to a county or municipality on behalf of
18nonresidential commercial operations located within the county
19or municipality.
20b. For the purposes of this subsection, “tribal government”
21 means the governing body of a federally recognized Indian
22tribe.
2358. The sales price from the sale of items purchased with
24coupons, food stamps, electronic benefits transfer cards a
25supplemental nutrition assistance program benefit transfer
26instrument as defined in section 234.13, or other methods
27 method of payment authorized by the United States department
28of agriculture, and issued under the federal Food Stamp Act of
291977, 7 U.S.C. §2011 et seq.or under the federal supplemental
30nutritional assistance program established in 7 U.S.C. §2013.
31 Sec. 1126. Section 423.4, subsection 1, paragraph a,
32subparagraphs (4) and (9), Code 2023, are amended to read as
33follows:
34(4) A tax-certifying or tax-levying body or governmental
35subdivision of the state, including the state board of regents,
-779-1state the department of health and human services, and the
2 state department of transportation.
3(9) A tribal government as defined in section 216A.161,
4and any instrumentalities of the tribal government which do
5not have earnings going to the benefit of an equity investor
6or stockholder. For the purposes of this subparagraph, “tribal
7government” means the governing body of a federally recognized
8Indian tribe.
9 Sec. 1127. Section 425.2, subsection 3, Code 2023, is
10amended to read as follows:
113. In case the owner of the homestead is in active service
12in the armed forces of this state or of the United States,
13or is sixty-five years of age or older, or is disabled, the
14statement and designation may be signed and delivered by any
15member of the owner’s family, by the owner’s guardian or
16conservator, or by any other person who may represent the owner
17under power of attorney. If the owner of the homestead is
18married, the spouse may sign and deliver the statement and
19designation. The director of health and human services or
20the director’s designee may make application for the benefits
21of this subchapter as the agent for and on behalf of persons
22receiving assistance under chapter 249.
23 Sec. 1128. Section 425.16, subsection 2, paragraph b, Code
242023, is amended to read as follows:
25b. The reimbursement of rent constituting property taxes
26paid under this subchapter shall be administered by the
27department of health and human services as provided in this
28subchapter.
29 Sec. 1129. Section 425.17, subsection 3, Code 2023, is
30amended to read as follows:
313. “Gross rent” means rental paid at arm’s length for the
32right of occupancy of a homestead or manufactured or mobile
33home, including rent for space occupied by a manufactured or
34mobile home not to exceed one acre. If the department of
35health and human services determines that the landlord and
-780-1tenant have not dealt with each other at arm’s length, and the
2department of health and human services is satisfied that the
3gross rent charged was excessive, the department of health and
4 human services shall adjust the gross rent to a reasonable
5amount as determined by the department of health and human
6services.
7 Sec. 1130. Section 425.18, Code 2023, is amended to read as
8follows:
9425.18 Right to file a claim.
10The right to file a claim for reimbursement or credit under
11this subchapter may be exercised by the claimant or on behalf
12of a claimant by the claimant’s legal guardian, spouse, or
13attorney, or by the executor or administrator of the claimant’s
14estate. If a claimant dies after having filed a claim for
15reimbursement for rent constituting property taxes paid, the
16amount of the reimbursement may be paid to another member of
17the household as determined by the department of health and
18 human services. If the claimant was the only member of the
19household, the reimbursement may be paid to the claimant’s
20executor or administrator, but if neither is appointed and
21qualified within one year from the date of the filing of
22the claim, the reimbursement shall escheat to the state. If
23a claimant dies after having filed a claim for credit for
24property taxes due, the amount of credit shall be paid as if
25the claimant had not died.
26 Sec. 1131. Section 425.19, Code 2023, is amended to read as
27follows:
28425.19 Claim and credit or reimbursement.
29Subject to the limitations provided in this subchapter, a
30claimant may annually claim a credit for property taxes due
31during the fiscal year next following the base year or claim
32a reimbursement for rent constituting property taxes paid in
33the base year. The amount of the credit for property taxes
34due for a homestead shall be paid on June 15 of each year
35from the elderly and disabled property tax credit fund under
-781-1section 425.39, subsection 1, by the director of revenue to
2the county treasurer who shall credit the money received
3against the amount of the property taxes due and payable on the
4homestead of the claimant and the amount of the reimbursement
5for rent constituting property taxes paid shall be paid by the
6director of health and human services to the claimant from the
7reimbursement fund under section 425.39, subsection 2, on or
8before December 31 of each year.
9 Sec. 1132. Section 425.20, subsections 1 and 3, Code 2023,
10are amended to read as follows:
111. A claim for reimbursement for rent constituting property
12taxes paid shall not be paid or allowed, unless the claim is
13filed with and in the possession of the department of health
14and human services on or before June 1 of the year following
15the base year.
163. In case of sickness, absence, or other disability of
17the claimant or if, in the judgment of the director of revenue
18or the director of health and human services, as applicable,
19good cause exists and the claimant requests an extension, the
20director of health and human services may extend the time for
21filing a claim for reimbursement and the director of revenue
22may extend the time for filing a claim for credit. However,
23any further time granted shall not extend beyond December 31
24of the year following the year in which the claim was required
25to be filed. Claims filed as a result of this subsection shall
26be filed with the director of health and human services or the
27director of revenue, as applicable, who shall provide for the
28reimbursement of the claim to the claimant.
29 Sec. 1133. Section 425.25, subsection 2, Code 2023, is
30amended to read as follows:
312. The director of health and human services shall make
32available suitable forms with instructions for claimants of the
33reimbursement for rent constituting property taxes paid. The
34claim shall be in a form as the director of health and human
35services may prescribe. The director of revenue shall devise a
-782-1reimbursement table with amounts rounded to the nearest even
2whole dollar and provide such table to the director of health
3and human services. Reimbursements in the amount of less than
4one dollar shall not be paid.
5 Sec. 1134. Section 425.26, subsection 2, unnumbered
6paragraph 1, Code 2023, is amended to read as follows:
7Every claimant for reimbursement of rent constituting
8property taxes paid shall give the department of health and
9 human services, in support of the claim, reasonable proof of:
10 Sec. 1135. Section 425.26, subsection 3, Code 2023, is
11amended to read as follows:
123. The department of revenue or the department of health and
13 human services may require any additional proof necessary to
14support a claim.
15 Sec. 1136. Section 425.27, subsection 1, paragraph b, Code
162023, is amended to read as follows:
17b. The department of health and human services is
18responsible for the audit of claims for reimbursement for rent
19constituting property taxes paid under this subchapter.
20 Sec. 1137. Section 425.27, subsection 3, Code 2023, is
21amended to read as follows:
223. If on the audit of a claim for reimbursement for rent
23constituting property taxes paid under this subchapter, the
24department of health and human services determines the amount
25of the claim to have been incorrectly calculated or that the
26claim is not allowable, the department of health and human
27services shall recalculate the claim and notify the claimant
28of the recalculation or denial and the reasons for it. The
29recalculation of the claim shall be final unless appealed
30to the director of health and human services within thirty
31days from the date of notice of recalculation or denial. The
32director of health and human services shall grant a hearing,
33and upon hearing determine the correct claim, if any, and
34notify the claimant of the decision by mail. The department of
35health and human services shall not adjust a claim after three
-783-1years from October 31 of the year in which the claim was filed.
2If the claim for reimbursement has been paid, the amount may be
3recovered by the department of health and human services. The
4decision of the director of health and human services shall be
5final unless appealed as provided in section 425.31.
6 Sec. 1138. Section 425.27, subsection 4, paragraph b, Code
72023, is amended to read as follows:
8b. For the purpose of administering the reimbursement for
9rent constituting property taxes paid, including the duties of
10the director of health and human services and the department of
11health and human services under this subchapter, the director
12of health and human services shall have the same powers as
13those described in section 422.70.
14 Sec. 1139. Section 425.28, subsections 2, 3, and 4, Code
152023, are amended to read as follows:
162. A claimant for reimbursement of rent constituting
17property taxes paid shall expressly waive any right to
18confidentiality relating to all income tax information
19obtainable by the department of health and human services.
203. For the effective administration of this subchapter, the
21department of revenue and the department of health and human
22services shall share information obtained by each department
23from claimants under this subchapter.
244. In addition to the sharing of information under
25subsection 3, the department of health and human services may
26release information pertaining to a person’s eligibility or
27claim for or receipt of rent reimbursement to an employee of
28the department of inspections and appeals in the employee’s
29official conduct of an audit or investigation.
30 Sec. 1140. Section 425.29, subsection 3, Code 2023, is
31amended to read as follows:
323. In the case of a claim for reimbursement disallowed by
33the department of health and human services, the department of
34health and human services may impose penalties described in
35section 421.27. The department of health and human services
-784-1shall send a notice of disallowance of the claim.
2 Sec. 1141. Section 425.31, subsections 2, 3, and 4, Code
32023, are amended to read as follows:
42. Judicial review of the actions of the director of health
5and human services or the department of health and human
6services under this subchapter may be sought in accordance with
7the terms of chapter 17A and the rules of the department of
8health and human services.
93. For cause and upon a showing by the director of revenue
10or the director of health and human services, as applicable,
11that collection of the amount in dispute is in doubt, the
12court may order the petitioner to file with the clerk a bond
13for the use of the respondent, with sureties approved by the
14clerk, equal to the amount appealed from, conditioned that the
15petitioner shall perform the orders of the court.
164. An appeal may be taken by the claimant or the director
17of revenue or the director of health and human services, as
18applicable, to the supreme court of this state irrespective of
19the amount involved.
20 Sec. 1142. Section 425.33, subsection 1, Code 2023, is
21amended to read as follows:
221. If upon petition by a claimant the department of health
23and human services determines that a landlord has increased the
24claimant’s rent primarily because the claimant is eligible for
25reimbursement under this subchapter, the department of health
26and human services shall request the landlord by mail to reduce
27the rent appropriately.
28 Sec. 1143. Section 425.33, subsection 2, unnumbered
29paragraph 1, Code 2023, is amended to read as follows:
30In determining whether a landlord has increased a
31claimant’s rent primarily because the claimant is eligible for
32reimbursement under this subchapter, the department of health
33and human services shall consider the following factors:
34 Sec. 1144. Section 425.33, subsection 3, Code 2023, is
35amended to read as follows:
-785- 13. If the landlord fails to comply with the request of the
2department of health and human services within fifteen days
3after the request is mailed, the department of health and human
4services shall order the rent reduced by an appropriate amount.
5 Sec. 1145. Section 425.34, subsection 1, Code 2023, is
6amended to read as follows:
71. If the department of health and human services orders a
8landlord to reduce rent to a claimant, then upon the request
9of the landlord the department of health and human services
10shall hold a prompt hearing of the matter, to be conducted in
11accordance with the rules of the department. The department of
12health and human services shall give notice of the decision by
13mail to the claimant and to the landlord.
14 Sec. 1146. Section 425.37, Code 2023, is amended to read as
15follows:
16425.37 Rules.
17The director of revenue and the director of health and human
18services shall each adopt rules in accordance with chapter
1917A for the interpretation and proper administration of this
20subchapter and each department’s applicable powers and duties
21under this subchapter, including rules to prevent and disallow
22duplication of benefits and to prevent any unreasonable
23hardship or advantage to any person.
24 Sec. 1147. Section 425.39, subsection 2, Code 2023, is
25amended to read as follows:
262. The elderly and disabled rent reimbursement fund is
27created. There is appropriated annually from the general fund
28of the state to the department of health and human services
29to be credited to the elderly and disabled rent reimbursement
30fund, from funds not otherwise appropriated, an amount
31sufficient to implement this subchapter for reimbursement for
32rent constituting property taxes paid for claimants described
33in section 425.17, subsection 2, paragraph “a”, subparagraph
34(1).
35 Sec. 1148. Section 425.40, Code 2023, is amended to read as
-786-1follows:
2425.40 Low-income fund created.
31. A low-income tax credit and reimbursement fund is
4created. Within the low-income tax credit and reimbursement
5fund, a rent reimbursement account is created under the control
6of the department of health and human services and a tax
7credit account is created under the control of the department
8of revenue. Amounts appropriated to the fund shall first be
9credited to the rent reimbursement account.
102. a. The director of health and human services shall use
11amounts credited to the rent reimbursement account for a fiscal
12year to pay all claims for reimbursement of rent constituting
13property taxes paid for claimants described in section 425.17,
14subsection 2, paragraph “a”, subparagraph (2). If the amount
15appropriated for purposes of this section for a fiscal year
16and credited to the rent reimbursement account is insufficient
17to pay all claims in full, the director of health and human
18services shall pay all such claims on a pro rata basis.
19b. If the amount appropriated for purposes of this section
20for a fiscal year and credited to the rent reimbursement
21account exceeds the amount necessary to pay in full all
22reimbursement claims for the fiscal year, the department of
23health and human services shall transfer such excess amount
24to the department of revenue for deposit in the tax credit
25account. The department of revenue shall use any amounts
26credited to the tax credit account for a fiscal year to pay to
27the counties all claims for credit for property taxes due for
28the fiscal year, or if such amount is insufficient, to pay to
29the counties all such claims on a pro rata basis.
303. In order for the director of revenue or the director
31of health and human services to carry out the requirements of
32 subsection 2, notwithstanding any provision to the contrary in
33this subchapter, claims for reimbursement for rent constituting
34property taxes paid filed before May 1 of the fiscal year
35shall be eligible to be paid in full during the fiscal year
-787-1and those claims filed on or after May 1 of the fiscal year
2shall be eligible to be paid during the following fiscal year
3and the director of revenue is not required to make payments
4to counties for the property tax credit before June 15 of the
5fiscal year.
6 Sec. 1149. Section 426B.1, Code 2023, is amended to read as
7follows:
8426B.1 Appropriations — property tax relief fund.
91. A property tax relief fund is created in the state
10treasury under the authority of the department of health
11and human services. The fund shall be separate from the
12general fund of the state and shall not be considered part
13of the general fund of the state except in determining the
14cash position of the state for payment of state obligations.
15The moneys in the fund are not subject to the provisions of
16section 8.33 and shall not be transferred, used, obligated,
17appropriated, or otherwise encumbered except as provided in
18this chapter. Moneys in the fund may be used for cash flow
19purposes, provided that any moneys so allocated are returned
20to the fund by the end of each fiscal year. However, the
21fund shall be considered a special account for the purposes
22of section 8.53, relating to elimination of any GAAP deficit.
23For the purposes of this chapter, unless the context otherwise
24requires, “property tax relief fund” means the property tax
25relief fund created in this section.
262. Moneys shall be distributed from the property tax relief
27fund to the mental health and disability services regional
28service system for mental health and disabilities disability
29 services, in accordance with the appropriations made to the
30fund and other statutory requirements.
31 Sec. 1150. Section 426B.2, Code 2023, is amended to read as
32follows:
33426B.2 Property tax relief fund payments.
34The director of health and human services shall draw
35warrants on the property tax relief fund, payable to
-788-1the regional administrator in the amount due to a mental
2health and disability services region in accordance with
3statutory requirements, and mail the warrants to the regional
4administrator in July and January of each year.
5 Sec. 1151. Section 426B.4, Code 2023, is amended to read as
6follows:
7426B.4 Rules.
8The mental health and disability services commission shall
9consult with regional administrators and the director of health
10and human services in prescribing forms and adopting rules
11pursuant to chapter 17A to administer this chapter.
12 Sec. 1152. Section 427.9, Code 2023, is amended to read as
13follows:
14427.9 Suspension of taxes, assessments, and rates or charges,
15including interest, fees, and costs.
16If a person is a recipient of federal supplementary security
17income or state supplementary assistance, as defined in
18section 249.1, or is a resident of a health care facility, as
19defined by section 135C.1, which is receiving payment from
20the department of health and human services for the person’s
21care, the person shall be deemed to be unable to contribute to
22the public revenue. The director of health and human services
23shall notify a person receiving such assistance of the tax
24suspension provision and shall provide the person with evidence
25to present to the appropriate county board of supervisors which
26shows the person’s eligibility for tax suspension on parcels
27owned, possessed, or upon which the person is paying taxes
28as a purchaser under contract. The board of supervisors so
29notified, without the filing of a petition and statement as
30specified in section 427.8, shall order the county treasurer to
31suspend the collection of all the taxes, special assessments,
32and rates or charges, including interest, fees, and costs,
33assessed against the parcels and remaining unpaid by the person
34or contractually payable by the person, for such time as the
35person remains the owner or contractually prospective owner
-789-1of the parcels, and during the period the person receives
2assistance as described in this section. The county board of
3supervisors shall annually send to the department of health
4and human services the names and social security numbers of
5persons receiving a tax suspension pursuant to this section.
6The department shall verify the continued eligibility for tax
7suspension of each name on the list and shall return the list
8to the board of supervisors. The director of health and human
9services shall advise the person that the person may apply for
10an additional property tax credit pursuant to sections 425.16
11through 425.37 which shall be credited against the amount of
12the taxes suspended.
13 Sec. 1153. Section 432.13, Code 2023, is amended to read as
14follows:
15432.13 Premium tax exemption — hawk-i Hawki program — state
16employee benefits.
171. Premiums collected by participating insurers under
18chapter 514I are exempt from premium tax.
192. Premiums received for benefits acquired on behalf of
20state employees by the department of administrative services
21pursuant to section 8A.402, subsection 1, and by the state
22board of regents pursuant to chapter 262, are exempt from
23premium tax.
24 Sec. 1154. Section 453A.13, subsection 2, paragraph c, Code
252023, is amended to read as follows:
26c. The department, or a city or county, shall submit
27a duplicate of any application for a retail permit to the
28alcoholic beverages division of the department of commerce
29within thirty days of the issuance. The alcoholic beverages
30division of the department of commerce shall submit the current
31list of all retail permits issued to the Iowa department of
32public health and human services by the last day of each
33quarter of a state fiscal year.
34 Sec. 1155. Section 453A.35A, subsection 2, Code 2023, is
35amended to read as follows:
-790- 12. Moneys in the fund shall be used only for purposes
2related to health care, substance abuse use disorder treatment
3and prevention, and tobacco use prevention, cessation, and
4control.
5 Sec. 1156. Section 453A.47A, subsection 6, Code 2023, is
6amended to read as follows:
76. Issuance. Cities may issue retail permits to retailers
8located within their respective limits. County boards of
9supervisors may issue retail permits to retailers located in
10their respective counties, outside of the corporate limits of
11cities. The city or county shall submit a duplicate of any
12application for a retail permit to the alcoholic beverages
13division of the department of commerce within thirty days of
14issuance of a permit. The alcoholic beverages division of the
15department of commerce shall submit the current list of all
16retail permits issued to the Iowa department of public health
17and human services by the last day of each quarter of a state
18fiscal year.
19 Sec. 1157. Section 455B.190A, subsection 3, paragraph b,
20subparagraph (5), Code 2023, is amended to read as follows:
21(5) The director of public health and human services or the
22director’s designee.
23 Sec. 1158. Section 455B.335A, subsection 1, Code 2023, is
24amended to read as follows:
251. The director shall require that a person who operates
26or proposes to operate a waste incinerator which provides for
27the incineration of pathological radioactive materials conduct
28dispersion modeling, under the direction of the Iowa department
29of public health and human services, for radiological isotopes
30to measure the emission levels of alpha and gamma rays. The
31director shall allow a three-month period during which time the
32operator or person proposing operation of such an incinerator
33shall conduct the required dispersion modeling. In order to
34initiate or continue such incineration, the results of the
35modeling shall provide that the existing incinerator meets
-791-1or the proposed incinerator will meet the emission standards
2established by the United States environmental protection
3agency for a selected isotope.
4 Sec. 1159. Section 455B.427, subsection 2, paragraph c,
5Code 2023, is amended to read as follows:
6c. A summary of serious health problems in the immediate
7vicinity of the site and health problems deemed by the director
8in cooperation with the Iowa department of public health and
9human services to be related to conditions at the site.
10 Sec. 1160. Section 455B.427, subsection 3, unnumbered
11paragraph 1, Code 2023, is amended to read as follows:
12In developing and maintaining the annual report, the
13director shall assess the relative priority of the need for
14action at each site to remedy environmental and health problems
15resulting from the presence of hazardous wastes or hazardous
16substances at the sites. In making assessments of relative
17priority, the director, in cooperation with the Iowa department
18of public health and human services on matters relating to
19public health, shall place every site in one of the following
20classifications:
21 Sec. 1161. Section 455B.427, subsection 5, Code 2023, is
22amended to read as follows:
235. The director shall work with the Iowa department of
24public health and human services when assessing the effects of
25a hazardous waste or hazardous substance disposal site on human
26health.
27 Sec. 1162. Section 455E.11, subsection 2, paragraph a,
28subparagraph (2), subparagraph division (a), subparagraph
29subdivision (i), Code 2023, is amended to read as follows:
30(i) Eight thousand dollars shall be transferred to the Iowa
31 department of public health and human services for departmental
32duties required under section sections 135.11, subsections 18
33and 19, and section 139A.21.
34 Sec. 1163. Section 455E.11, subsection 2, paragraph b,
35subparagraph (1), Code 2023, is amended to read as follows:
-792- 1(1) Nine thousand dollars of the account is appropriated
2to the Iowa department of public health and human services for
3carrying out the departmental duties under section sections
4 135.11, subsections 18 and 19, and section 139A.21.
5 Sec. 1164. Section 455E.11, subsection 2, paragraph
6b, subparagraph (2), subparagraph division (b), unnumbered
7paragraph 1, Code 2023, is amended to read as follows:
8Two percent is appropriated annually to the department and,
9except for administrative expenses, is transferred to the Iowa
10 department of public health and human services for the purpose
11of administering grants to counties and conducting oversight of
12county-based programs for the testing of private rural water
13supply wells, private rural water supply well sealing, and the
14proper closure of private rural abandoned wells and cisterns.
15Not more than thirty-five percent of the moneys is appropriated
16annually for grants to counties for the purpose of conducting
17programs of private rural water supply testing, private rural
18water supply well sealing, the proper closure of private rural
19abandoned wells and cisterns, or any combination thereof.
20An amount agreed to by the department of natural resources
21and the Iowa department of public health and human services
22 shall be retained by the department of natural resources for
23administrative expenses.
24 Sec. 1165. Section 455E.11, subsection 2, paragraph c,
25subparagraph (1), Code 2023, is amended to read as follows:
26(1) The moneys collected pursuant to section 455F.7
27and moneys collected pursuant to section 29C.8A which are
28designated for deposit shall be deposited in the household
29hazardous waste account. Two thousand dollars is appropriated
30annually to the Iowa department of public health and human
31services to carry out departmental duties under section
32 sections 135.11, subsections 18 and 19, and section 139A.21.
33The remainder of the account shall be used to fund the efforts
34of the department to support a collection system for household
35hazardous materials, including public education programs,
-793-1training, and consultation of local governments in the
2establishment and operation of permanent collection systems,
3and the management of collection sites, education programs,
4and other activities pursuant to chapter 455F, including the
5administration of the household hazardous materials retailer
6permit program by the department of revenue.
7 Sec. 1166. Section 455E.11, subsection 2, paragraph d,
8subparagraph (1), Code 2023, is amended to read as follows:
9(1) One thousand dollars is appropriated annually to
10the Iowa department of public health and human services to
11carry out departmental duties under section sections 135.11,
12subsections 18 and 19, and section 139A.21.
13 Sec. 1167. Section 462A.14, subsection 2, paragraph a,
14subparagraph (4), Code 2023, is amended to read as follows:
15(4) Assignment to substance abuse use disorder evaluation
16and treatment, pursuant to subsection 12, and a course for
17drinking drivers.
18 Sec. 1168. Section 462A.14, subsection 2, paragraph b,
19subparagraph (4), Code 2023, is amended to read as follows:
20(4) Assignment to substance abuse use disorder evaluation
21and treatment, pursuant to subsections 12 and 13, and a course
22for drinking drivers.
23 Sec. 1169. Section 462A.14, subsection 2, paragraph c,
24subparagraph (4), Code 2023, is amended to read as follows:
25(4) Assignment to substance abuse use disorder evaluation
26and treatment, pursuant to subsections 12 and 13, and a course
27for drinking drivers.
28 Sec. 1170. Section 462A.14, subsection 2, paragraphs d and
29e, Code 2023, are amended to read as follows:
30d. A class “D” felony for any offense under this
31section resulting in serious injury to persons other than
32the defendant, if the court determines that the person who
33committed the offense caused the serious injury, and shall
34be imprisoned for a determinate sentence of not more than
35five years but not less than thirty days, or committed to the
-794-1custody of the director of the department of corrections, and
2assessed a fine of not less than two thousand five hundred
3dollars nor more than seven thousand five hundred dollars. A
4person convicted of a felony offense may be committed to the
5custody of the director of the department of corrections, who
6shall assign the person to a facility pursuant to section
7904.513. The court shall also order that the person not
8operate a motorboat or sailboat for one year in addition to
9any other period of time the defendant would have been ordered
10not to operate if no injury had occurred in connection with
11the violation. The court shall also assign the defendant to
12substance abuse use disorder evaluation and treatment pursuant
13to subsections 12 and 13, and a course for drinking drivers.
14e. A class “B” felony for any offense under this section
15resulting in the death of persons other than the defendant, if
16the court determines that the person who committed the offense
17caused the death, and shall be imprisoned for a determinate
18sentence of not more than twenty-five years, or committed to
19the custody of the director of the department of corrections.
20A person convicted of a felony offense may be committed to
21the custody of the director of the department of corrections,
22who shall assign the person to a facility pursuant to section
23904.513. The court shall also order that the person not
24operate a motorboat or sailboat for six years. The court shall
25also assign the defendant to substance abuse use disorder
26 evaluation and treatment pursuant to subsections 12 and 13, and
27a course for drinking drivers.
28 Sec. 1171. Section 462A.14, subsection 12, Code 2023, is
29amended to read as follows:
3012. a. All substance abuse use disorder evaluations
31required under this section shall be completed at the
32defendant’s expense.
33b. In addition to assignment to substance abuse use disorder
34 evaluation and treatment under this section, the court shall
35order any defendant convicted under this section to follow the
-795-1recommendations proposed in the substance abuse use disorder
2 evaluation for appropriate substance abuse use disorder
3 treatment for the defendant. Court-ordered substance abuse
4 use disorder treatment is subject to the periodic reporting
5requirements of section 125.86.
6c. If a defendant is committed by the court to a substance
7abuse use disorder treatment facility, the administrator of the
8facility shall report to the court when it is determined that
9the defendant has received the maximum benefit of treatment
10at the facility and the defendant shall be released from the
11facility. The time for which the defendant is committed for
12treatment shall be credited against the defendant’s sentence.
13d. The court may prescribe the length of time for the
14evaluation and treatment or the court may request that the
15community college or licensed substance abuse use disorder
16 program conducting the course for drinking drivers which the
17defendant is ordered to attend or the treatment program to
18which the defendant is committed immediately report to the
19court when the defendant has received maximum benefit from
20the course for drinking drivers or treatment program or has
21recovered from the defendant’s addiction, dependency, or
22tendency to chronically abuse use alcohol or drugs.
23e. Upon successfully completing a course for drinking
24drivers or an ordered substance abuse use disorder treatment
25program, a court may place the defendant on probation for six
26months and as a condition of probation, the defendant shall
27attend a program providing posttreatment services relating to
28substance abuse use disorder as approved by the court.
29f. A defendant committed under this section who does not
30possess sufficient income or estate to make payment of the
31costs of the treatment in whole or in part shall be considered
32a state patient and the costs of treatment shall be paid as
33provided in section 125.44.
34g. A defendant who fails to carry out the order of the
35court shall be confined in the county jail for twenty days in
-796-1addition to any other imprisonment ordered by the court or may
2be ordered to perform unpaid community service work, and shall
3be placed on probation for one year with a violation of this
4probation punishable as contempt of court.
5h. In addition to any other condition of probation, the
6defendant shall attend a program providing substance abuse use
7disorder prevention services or posttreatment services related
8to substance abuse use disorder as ordered by the court. The
9defendant shall report to the defendant’s probation officer as
10ordered concerning proof of attendance at the treatment program
11or posttreatment program ordered by the court. Failure to
12attend or complete the program shall be considered a violation
13of probation and is punishable as contempt of court.
14 Sec. 1172. Section 466B.3, subsection 4, paragraph c, Code
152023, is amended to read as follows:
16c. The director of the department of public health and human
17services or the director’s designee.
18 Sec. 1173. Section 470.5, Code 2023, is amended to read as
19follows:
20470.5 Exceptions.
21This chapter does not apply to buildings used on January 1,
221980, by the division of adult corrections of the department
23of health and human services as maximum security detention
24facilities or to the renovation of property nominated to, or
25entered in the national register of historic places, designated
26by statute, or included in an established list of historic
27places compiled by the historical division of the department of
28cultural affairs.
29 Sec. 1174. Section 476.20, subsection 2, Code 2023, is
30amended to read as follows:
312. The board shall establish rules requiring a regulated
32public utility furnishing gas or electricity to include in
33the utility’s notice of pending disconnection of service a
34written statement advising the customer that the customer
35may be eligible to participate in the low income home energy
-797-1assistance program or weatherization assistance program
2administered by the division of community action agencies
3of the department of health and human rights services. The
4written statement shall list the address and telephone number
5of the local agency which is administering the customer’s low
6income home energy assistance program and the weatherization
7assistance program. The written statement shall also state
8that the customer is advised to contact the public utility
9to settle any of the customer’s complaints with the public
10utility, but if a complaint is not settled to the customer’s
11satisfaction, the customer may file the complaint with the
12board. The written statement shall include the address
13and phone number of the board. If the notice of pending
14disconnection of service applies to a residence, the written
15statement shall advise that the disconnection does not apply
16from November 1 through April 1 for a resident who is a “head
17of household”, as defined in section 422.4, and who has been
18certified to the public utility by the local agency which is
19administering the low income home energy assistance program and
20weatherization assistance program as being eligible for either
21the low income home energy assistance program or weatherization
22assistance program, and that if such a resident resides within
23the serviced residence, the customer should promptly have
24the qualifying resident notify the local agency which is
25administering the low income home energy assistance program and
26weatherization assistance program. The board shall establish
27rules requiring that the written notice contain additional
28information as it deems necessary and appropriate.
29 Sec. 1175. Section 476.51, subsection 5, Code 2023, is
30amended to read as follows:
315. Civil penalties collected pursuant to this section from
32utilities providing water, electric, or gas service shall
33be forwarded by the chief operating officer of the board to
34the treasurer of state to be credited to the general fund of
35the state and to be used only for the low income home energy
-798-1assistance program and the weatherization assistance program
2administered by the division of community action agencies of
3the department of health and human rights services. Civil
4penalties collected pursuant to this section from utilities
5providing telecommunications service shall be forwarded to
6the treasurer of state to be credited to the department of
7commerce revolving fund created in section 546.12 to be used
8only for consumer education programs administered by the board.
9Penalties paid by a rate-regulated public utility pursuant to
10this section shall be excluded from the utility’s costs when
11determining the utility’s revenue requirement, and shall not be
12included either directly or indirectly in the utility’s rates
13or charges to customers.
14 Sec. 1176. Section 476.66, subsection 6, Code 2023, is
15amended to read as follows:
166. The rules established by the utilities board shall
17require an annual report to be filed for each fund. The
18utilities board shall compile an annual statewide report of the
19fund results. The division of community action agencies of the
20 department of health and human rights services shall prepare
21an annual report of the unmet need for energy assistance
22and weatherization. Both reports shall be submitted to the
23appropriations committees of the general assembly on the first
24day of the following session.
25 Sec. 1177. Section 477C.5, subsection 2, paragraph c, Code
262023, is amended to read as follows:
27c. One representative from the office of deaf services of
28the department of health and human rights services.
29 Sec. 1178. Section 478.29, subsection 1, Code 2023, is
30amended to read as follows:
311. A person who violates a provision of this chapter is
32subject to a civil penalty, which may be levied by the board,
33of not more than one hundred dollars per violation or one
34thousand dollars per day of a continuing violation, whichever
35is greater. Civil penalties collected pursuant to this section
-799-1shall be forwarded by the chief operating officer of the board
2to the treasurer of state to be credited to the general fund of
3the state and appropriated to the division of community action
4agencies of the department of health and human rights services
5 for purposes of the low income home energy assistance program
6and the weatherization assistance program.
7 Sec. 1179. Section 479.31, subsection 1, Code 2023, is
8amended to read as follows:
91. A person who violates this chapter or any rule or
10order issued pursuant to this chapter shall be subject to
11a civil penalty levied by the board in accordance with 49
12C.F.R. §190.223. Each day that the violation continues shall
13constitute a separate offense. Civil penalties collected
14pursuant to this section shall be forwarded by the chief
15operating officer of the board to the treasurer of state to be
16credited to the general fund of the state and appropriated to
17the division of community action agencies of the department
18of health and human rights services for purposes of the low
19income home energy assistance program and the weatherization
20assistance program.
21 Sec. 1180. Section 479B.21, subsection 1, Code 2023, is
22amended to read as follows:
231. A person who violates this chapter or any rule or
24order issued pursuant to this chapter shall be subject to a
25civil penalty levied by the board in an amount not to exceed
26one thousand dollars for each violation. Each day that the
27violation continues shall constitute a separate offense.
28However, the maximum civil penalty shall not exceed two hundred
29thousand dollars for any related series of violations. Civil
30penalties collected pursuant to this section shall be forwarded
31by the chief operating officer of the board to the treasurer
32of state to be credited to the general fund of the state and
33appropriated to the division of community action agencies of
34the department of health and human rights services for purposes
35of the low income home energy assistance program and the
-800-1weatherization assistance program.
2 Sec. 1181. Section 483A.24, subsections 7 and 15, Code 2023,
3are amended to read as follows:
47. A license shall not be required of minor pupils of the
5Iowa braille and sight saving school, Iowa school for the deaf,
6or of minor residents of other state institutions under the
7control of an administrator of a division of the department
8of health and human services. In addition, a person who is
9on active duty with the armed forces of the United States,
10on authorized leave from a duty station located outside of
11this state, and a resident of the state of Iowa shall not be
12required to have a license to hunt or fish in this state. The
13military person shall carry the person’s leave papers and a
14copy of the person’s current earnings statement showing a
15deduction for Iowa income taxes while hunting or fishing. In
16lieu of carrying the person’s earnings statement, the military
17person may also claim residency if the person is registered to
18vote in this state. If a deer or wild turkey is taken, the
19military person shall immediately contact a state conservation
20officer to obtain an appropriate tag to transport the animal.
21A license shall not be required of residents of county care
22facilities or any person who is receiving supplementary
23assistance under chapter 249.
2415. The department may issue a permit, subject to conditions
25established by the department, which authorizes patients of a
26substance abuse use disorder facility, residents of health care
27facilities licensed under chapter 135C, tenants of elder group
28homes licensed under chapter 231B, tenants of assisted living
29program facilities licensed under chapter 231C, participants
30who attend adult day services programs licensed under chapter
31231D, participants in services funded under a federal home and
32community-based services waiver implemented under the medical
33assistance program as defined in chapter 249A, and persons
34cared for in juvenile shelter care homes as provided for in
35chapter 232 to fish without a license as a supervised group.
-801-1A person supervising a group pursuant to this subsection may
2fish with the group pursuant to the permit and is not required
3to obtain a fishing license.
4 Sec. 1182. Section 505.16, subsection 2, Code 2023, is
5amended to read as follows:
62. The insurance commissioner shall approve rules for
7carrying out this section including rules relating to the
8preparation of information to be provided before and after a
9test and the protection of confidentiality of personal and
10medical records of insurance applicants and policyholders.
11The rules shall require a person engaged in the business
12of insurance who receives results of a positive human
13immunodeficiency virus test of an insurance applicant or
14policyholder to report those results to a physician or
15alternative testing site of the applicant’s or policyholder’s
16choice, or if the applicant or policyholder does not choose a
17physician or alternative testing site to receive the results,
18to the Iowa department of public health and human services.
19 Sec. 1183. Section 505.25, Code 2023, is amended to read as
20follows:
21505.25 Information provided to medical assistance program,
22hawk-i Hawki program, and child support recovery unit services.
23A carrier, as defined in section 514C.13, shall enter into
24a health insurance data match program with the department of
25health and human services for the sole purpose of comparing the
26names of the carrier’s insureds with the names of recipients of
27the medical assistance program under chapter 249A, individuals
28under the purview of the child support recovery unit services
29 pursuant to chapter 252B, or enrollees of the hawk-i Hawki
30 program under chapter 514I.
31 Sec. 1184. Section 505.34, Code 2023, is amended to read as
32follows:
33505.34 Medical assistance and hawk-i Hawki programs —
34applicability of subtitle.
351. The medical assistance program under chapter 249A and
-802-1the healthy and well kids in Iowa (hawk-i) (Hawki) program
2under chapter 514I shall not be subject to this subtitle unless
3otherwise provided by law.
42. A managed care organization acting pursuant to a contract
5with the department of health and human services to administer
6the medical assistance program under chapter 249A, or the
7healthy and well kids in the Iowa (hawk-i) (Hawki) program
8under chapter 514I, shall not be subject to this subtitle
9unless otherwise provided by law.
10 Sec. 1185. Section 508C.5, subsection 13, paragraph f, Code
112023, is amended to read as follows:
12f. An entity whose only business in this state is operating
13as a managed care organization. For purposes of this
14paragraph, “managed care organization” means an entity that is
15under contract with the Iowa department of health and human
16services to provide services to Medicaid recipients and that
17also meets the definition of “health maintenance organization”
18in section 514B.1.
19 Sec. 1186. Section 509.1, subsection 7, Code 2023, is
20amended to read as follows:
217. A policy issued to the department of health and human
22services, which shall be deemed the policyholder, to insure
23eligible persons for medical assistance, or for both mandatory
24medical assistance and optional medical assistance, as defined
25by chapter 249A as hereafter amended.
26 Sec. 1187. Section 509.3A, subsection 12, Code 2023, is
27amended to read as follows:
2812. The hawk-i Hawki program authorized by chapter 514I.
29 Sec. 1188. Section 510B.1, subsections 9 and 22, Code 2023,
30are amended to read as follows:
319. “Health carrier” means an entity subject to the
32insurance laws and regulations of this state, or subject
33to the jurisdiction of the commissioner, including an
34insurance company offering sickness and accident plans, a
35health maintenance organization, a nonprofit health service
-803-1corporation, or a plan established pursuant to chapter 509A for
2public employees. “Health carrier” does not include any of the
3following:
4a. The department of health and human services.
5b. A managed care organization acting pursuant to a contract
6with the department of health and human services to administer
7the medical assistance program under chapter 249A or the
8healthy and well kids in Iowa (hawk-i) (Hawki) program under
9chapter 514I.
10c. A policy or contract providing a prescription drug
11benefit pursuant to 42 U.S.C.ch.7, subch.XVIII, part D.
12d. A plan offered or maintained by a multiple employer
13welfare arrangement established under chapter 513D before
14January 1, 2022.
1522. “Third-party payor” means any entity other than a
16covered person or a health care provider that is responsible
17for any amount of reimbursement for a prescription drug
18benefit. “Third-party payor” includes health carriers and other
19entities that provide a plan of health insurance or health
20care benefits. “Third-party payor” does not include any of the
21following:
22a. The department of health and human services.
23b. A managed care organization acting pursuant to a contract
24with the department of health and human services to administer
25the medical assistance program under chapter 249A or the
26healthy and well kids in Iowa (hawk-i) (Hawki) program under
27chapter 514I.
28c. A policy or contract providing a prescription drug
29benefit pursuant to 42 U.S.C.ch.7, subch.XVIII, part D.
30 Sec. 1189. Section 513B.2, subsection 8, paragraph l, Code
312023, is amended to read as follows:
32l. The hawk-i Hawki program authorized by chapter 514I.
33 Sec. 1190. Section 513C.3, subsection 12, paragraph d, Code
342023, is amended to read as follows:
35d. Loss of eligibility for the hawk-i Hawki program
-804-1authorized in chapter 514I.
2 Sec. 1191. Section 514.1, subsection 2, paragraph c, Code
32023, is amended to read as follows:
4c. “Subscriber” means an individual who enters into a
5contract for health care services with a corporation subject
6to this chapter and includes a person eligible for mandatory
7medical assistance or optional medical assistance as defined
8under chapter 249A, with respect to whom the department of
9health and human services has entered into a contract with a
10firm operating under this chapter.
11 Sec. 1192. Section 514A.3B, subsection 3, paragraph l, Code
122023, is amended to read as follows:
13l. The hawk-i Hawki program authorized by chapter 514I.
14 Sec. 1193. Section 514B.3, subsection 1, paragraph m, Code
152023, is amended to read as follows:
16m. A description of the procedures and programs to be
17implemented to meet the requirements for quality of health
18care as determined by the director of public health and human
19services under section 514B.4.
20 Sec. 1194. Section 514B.3, subsection 3, Code 2023, is
21amended to read as follows:
223. Upon receipt of an application for a certificate of
23authority, the commissioner shall immediately transmit copies
24of the application and accompanying documents to the director
25of public health and human services and the affected regional
26health planning council, as authorized by Pub.L. No.89-749,
2742 U.S.C. §246(b)2b, for their nonbinding consultation and
28advice.
29 Sec. 1195. Section 514B.4A, Code 2023, is amended to read
30as follows:
31514B.4A Direct provision of health care services.
321. An application for a certificate of authority to
33provide health care services, directly, shall be forwarded
34by the commissioner to the director of public health and
35human services for review, comment, and recommendation, with
-805-1respect to the health care services to be provided directly, to
2assure that the applicant has demonstrated the willingness and
3potential ability to provide the health care services through
4adequate personnel and facilities.
52. Rules proposed by the commissioner for adoption
6for the direct provision of health care services by a
7health maintenance organization, shall be forwarded by the
8commissioner to the director of public health and human
9services for review, comment, and recommendation, prior to
10submission to the administrative rules coordinator pursuant to
11section 17A.4.
123. The director of public health and human services shall
13respond to the commissioner, with respect to an application
14or proposed rule, with any comments or recommendations within
15thirty days of the forwarding of the application or proposed
16rules to the director of public health and human services.
17 Sec. 1196. Section 514B.32, subsection 5, Code 2023, is
18amended to read as follows:
195. The provisions of this chapter shall be applicable to a
20managed care organization acting pursuant to a contract with
21the department of health and human services to administer the
22medical assistance program under chapter 249A, or the healthy
23and well kids in Iowa (hawk-i) (Hawki) program under chapter
24514I, only with respect to licensure and solvency standards
25as evidenced by the managed care organization obtaining
26and maintaining a certificate of authority, and maintaining
27compliance with the solvency standards set forth in this
28chapter.
29 Sec. 1197. Section 514B.33, subsection 5, paragraph a, Code
302023, is amended to read as follows:
31a. For purposes of this section, “limited service
32organization” means an organization providing dental care
33services, vision care services, mental health services,
34substance abuse use disorder services, pharmaceutical services,
35podiatric care services, or such other services as may be
-806-1determined by the commissioner.
2 Sec. 1198. Section 514C.9, subsection 3, paragraph b, Code
32023, is amended to read as follows:
4b. Enroll a child who is eligible for coverage under the
5applicable terms and conditions of the health benefit plan and
6the standard enrollment guidelines of the insurer, without
7regard to any time of enrollment restriction, under dependent
8coverage upon application by the obligee or other legal
9custodian of the child or by the department of health and human
10services in the event an obligor required by a court order or
11administrative order fails to apply for coverage for the child.
12 Sec. 1199. Section 514C.9, subsection 4, Code 2023, is
13amended to read as follows:
144. A group health plan shall establish reasonable
15procedures to determine whether a child is covered under a
16qualified medical child support order issued pursuant to
17chapter 252E.The procedures shall be in writing, provide for
18prompt notice of each person specified in the medical child
19support order as eligible to receive benefits under the group
20health plan upon receipt by the plan of the medical child
21support order, and allow an obligee or other legal custodian
22of the child under chapter 252E to designate a representative
23for receipt of copies of notices in regard to the medical child
24support order that are sent to the obligee or other legal
25custodian of the child and the department of health and human
26services’ child support recovery unit services.
27 Sec. 1200. Section 514C.18, subsection 1, paragraph b,
28subparagraph (2), Code 2023, is amended to read as follows:
29(2) The diabetes self-management training and education
30program is certified by the Iowa department of public health
31and human services. The department shall consult with the
32American diabetes association, Iowa affiliate, in developing
33the standards for certification of diabetes education programs
34that cover at least ten hours of initial outpatient diabetes
35self-management training within a continuous twelve-month
-807-1period and up to two hours of follow-up training for each
2subsequent year for each individual diagnosed by a physician or
3physician assistant with any type of diabetes mellitus.
4 Sec. 1201. Section 514C.27, Code 2023, is amended to read
5as follows:
6514C.27 Mental illness and substance abuse use disorder
7 treatment coverage for veterans.
81. Notwithstanding the uniformity of treatment requirements
9of section 514C.6, a group policy or contract providing for
10third-party payment or prepayment of health or medical expenses
11issued by a carrier, as defined in section 513B.2, shall
12provide coverage benefits to an insured who is a veteran for
13treatment of mental illness and substance abuse use disorder if
14either of the following is satisfied:
15a. The policy or contract is issued to an employer who
16on at least fifty percent of the employer’s working days
17during the preceding calendar year employed more than fifty
18full-time equivalent employees. In determining the number
19of full-time equivalent employees of an employer, employers
20who are affiliated or who are able to file a consolidated tax
21return for purposes of state taxation shall be considered one
22employer.
23b. The policy or contract is issued to a small employer as
24defined in section 513B.2, and such policy or contract provides
25coverage benefits for the treatment of mental illness and
26substance abuse use disorder.
272. Notwithstanding the uniformity of treatment requirements
28of section 514C.6, a plan established pursuant to chapter 509A
29for public employees shall provide coverage benefits to an
30insured who is a veteran for treatment of mental illness and
31substance abuse use disorder as defined in subsection 3.
323. For purposes of this section:
33a. “Mental illness” means mental disorders as defined by the
34commissioner by rule.
35b. “Substance abuse use disorder” means a pattern of
-808-1pathological use of alcohol or a drug that causes impairment
2in social or occupational functioning, or that produces
3physiological dependency evidenced by physical tolerance or by
4physical symptoms when the alcohol or drug is withdrawn.
5c. “Veteran” means the same as defined in section 35.1.
64. The commissioner, by rule, shall define “mental illness”
7consistent with definitions provided in the most recent edition
8of the American psychiatric association’s diagnostic and
9statistical manual of mental disorders, as the definitions may
10be amended from time to time. The commissioner may adopt the
11definitions provided in such manual by reference.
125. This section shall not apply to accident-only,
13specified disease, short-term hospital or medical, hospital
14confinement indemnity, credit, dental, vision, Medicare
15supplement, long-term care, basic hospital and medical-surgical
16expense coverage as defined by the commissioner, disability
17income insurance coverage, coverage issued as a supplement
18to liability insurance, workers’ compensation or similar
19insurance, or automobile medical payment insurance, or
20individual accident and sickness policies issued to individuals
21or to individual members of a member association.
226. A carrier or plan established pursuant to chapter 509A
23may manage the benefits provided through common methods,
24including but not limited to providing payment of benefits or
25providing care and treatment under a capitated payment system,
26prospective reimbursement rate system, utilization control
27system, incentive system for the use of least restrictive and
28least costly levels of care, a preferred provider contract
29limiting choice of specific providers, or any other system,
30method, or organization designed to assure services are
31medically necessary and clinically appropriate.
327. a. A group policy or contract or plan covered under this
33section shall not impose an aggregate annual or lifetime limit
34on mental illness or substance abuse use disorder coverage
35benefits unless the policy or contract or plan imposes an
-809-1aggregate annual or lifetime limit on substantially all medical
2and surgical coverage benefits.
3b. A group policy or contract or plan covered under this
4section that imposes an aggregate annual or lifetime limit on
5substantially all medical and surgical coverage benefits shall
6not impose an aggregate annual or lifetime limit on mental
7illness or substance abuse use disorder coverage benefits which
8is less than the aggregate annual or lifetime limit imposed on
9substantially all medical and surgical coverage benefits.
108. A group policy or contract or plan covered under this
11section shall at a minimum allow for thirty inpatient days
12and fifty-two outpatient visits annually. The policy or
13contract or plan may also include deductibles, coinsurance,
14or copayments, provided the amounts and extent of such
15deductibles, coinsurance, or copayments applicable to other
16medical or surgical services coverage under the policy or
17contract or plan are the same. It is not a violation of this
18section if the policy or contract or plan excludes entirely
19from coverage benefits for the cost of providing the following:
20a. Care that is substantially custodial in nature.
21b. Services and supplies that are not medically necessary or
22clinically appropriate.
23c. Experimental treatments.
249. This section applies to third-party payment provider
25policies or contracts and plans established pursuant to chapter
26509A delivered, issued for delivery, continued, or renewed in
27this state on or after January 1, 2011.
28 Sec. 1202. Section 514E.1, subsection 6, paragraph k, Code
292023, is amended to read as follows:
30k. The hawk-i Hawki program authorized by chapter 514I.
31 Sec. 1203. Section 514F.7, subsection 1, paragraph h, Code
322023, is amended to read as follows:
33h. “Health carrier” means an entity subject to the
34insurance laws and regulations of this state, or subject
35to the jurisdiction of the commissioner, including an
-810-1insurance company offering sickness and accident plans, a
2health maintenance organization, a nonprofit health service
3corporation, a plan established pursuant to chapter 509A
4for public employees, or any other entity providing a plan
5of health insurance, health care benefits, or health care
6services. “Health carrier” does not include a managed care
7organization as defined in 441 IAC 73.1 when the managed care
8organization is acting pursuant to a contract with the Iowa
9 department of health and human services to provide services to
10Medicaid recipients.
11 Sec. 1204. Section 514F.8, subsection 1, paragraph g, Code
122023, is amended to read as follows:
13g. “Health carrier” means an entity subject to the
14insurance laws and regulations of this state, or subject
15to the jurisdiction of the commissioner, including an
16insurance company offering sickness and accident plans, a
17health maintenance organization, a nonprofit health service
18corporation, a plan established pursuant to chapter 509A
19for public employees, or any other entity providing a plan
20of health insurance, health care benefits, or health care
21services. “Health carrier” does not include the department
22of health and human services, or a managed care organization
23acting pursuant to a contract with the department of health
24and human services to administer the medical assistance
25program under chapter 249A or the healthy and well kids in Iowa
26(hawk-i) (Hawki) program under chapter 514I.
27 Sec. 1205. Section 514H.2, subsection 2, Code 2023, is
28amended to read as follows:
292. The insurance division of the department of commerce
30shall administer the program in cooperation with the division
31responsible for medical services within the department
32of health and human services. Each agency shall take all
33necessary actions, including filing an appropriate medical
34assistance state plan amendment to the state Medicaid plan to
35take full advantage of the benefits and features of the Deficit
-811-1Reduction Act of 2005.
2 Sec. 1206. Section 514H.5, subsection 2, Code 2023, is
3amended to read as follows:
42. When the division responsible for medical services
5within the department of health and human services determines
6whether an individual is eligible for medical assistance
7under chapter 249A, the division department shall make an
8asset disregard adjustment for any individual who meets the
9requirements of section 514H.3. The asset disregard shall
10be available after benefits of the qualified long-term care
11insurance policy have been applied to the cost of qualified
12long-term care services as required under this chapter.
13 Sec. 1207. Section 514H.7, subsection 3, Code 2023, is
14amended to read as follows:
153. The insurance division, in cooperation with the
16department of health and human services, shall adopt rules
17to provide an asset disregard to individuals who are covered
18by a long-term care insurance policy prior to November 17,
192005, consistent with the Iowa long-term care asset disregard
20incentive program.
21 Sec. 1208. Section 514H.8, Code 2023, is amended to read as
22follows:
23514H.8 Reciprocal agreements to extend asset disregard.
24The division responsible for medical services within
25the department of health and human services may enter into
26reciprocal agreements with other states to extend the asset
27disregard under section 514H.5 to Iowa residents who had
28purchased or were covered by qualified long-term care insurance
29policies in other states.
30 Sec. 1209. Section 514H.9, Code 2023, is amended to read as
31follows:
32514H.9 Rules.
33The insurance division of the department of commerce in
34cooperation with the department of health and human services
35shall adopt rules pursuant to chapter 17A as necessary to
-812-1administer this chapter.
2 Sec. 1210. Section 514I.1, subsections 2 and 4, Code 2023,
3are amended to read as follows:
42. It is the intent of the general assembly that the program
5be implemented and administered in compliance with Tit.XXI
6of the federal Social Security Act. If, as a condition of
7receiving federal funds for the program, federal law requires
8implementation and administration of the program in a manner
9not provided in this chapter, during a period when the general
10assembly is not in session, the department, with the approval
11of the hawk-i Hawki board, shall proceed to implement and
12administer those provisions, subject to review by the next
13regular session of the general assembly.
144. It is the intent of the general assembly that the
15hawk-i Hawki program be an integral part of the continuum of
16health insurance coverage and that the program be developed
17and implemented in such a manner as to facilitate movement of
18families between health insurance providers and to facilitate
19the transition of families to private sector health insurance
20coverage.
21 Sec. 1211. Section 514I.2, Code 2023, is amended to read as
22follows:
23514I.2 Definitions.
24As used in this chapter, unless the context otherwise
25requires:
261. “Benchmark benefit package” means any of the following:
27a. The standard blue cross/blue shield preferred provider
28option service benefit plan, described in and offered under 5
29U.S.C. §8903(1).
30b. A health benefits coverage plan that is offered and
31generally available to state employees in this state.
32c. The plan of a health maintenance organization as defined
33in 42 U.S.C. §300e, with the largest insured commercial,
34nonmedical assistance enrollment of covered lives in the state.
352. “Cost sharing” means the payment of a premium or
-813-1copayment as provided for by Tit.XXI of the federal Social
2Security Act and section 514I.10.
33. “Department” means the department of health and human
4services.
54. “Director” means the director of health and human
6services.
75. “Eligible child” means an individual who meets the
8criteria for participation in the program under section 514I.8.
96. “Hawk-i Hawki board” or “board” means the entity which
10adopts rules and establishes policy for, and directs the
11department regarding, the hawk-i Hawki program.
127. “Hawk-i Hawki program” or “program” means the healthy and
13well kids in Iowa program created in this chapter to provide
14health insurance coverage to eligible children.
158. “Health insurance coverage” means health insurance
16coverage as defined in 42 U.S.C. §300gg-91.
179. “Participating insurer” means any of the following:
18a. An entity licensed by the division of insurance of the
19department of commerce to provide health insurance in Iowa that
20has contracted with the department to provide health insurance
21coverage to eligible children under this chapter.
22b. A managed care organization acting pursuant to a contract
23with the department of human services to administer the hawk-i
24 Hawki program.
2510. “Qualified child health plan” or “plan” means health
26insurance coverage provided by a participating insurer under
27this chapter.
28 Sec. 1212. Section 514I.3, Code 2023, is amended to read as
29follows:
30514I.3 Hawk-i Hawki program — established.
311. The hawk-i Hawki program, a statewide program designed to
32improve the health of children and to provide health insurance
33coverage to eligible children on a regional basis which
34complies with Tit.XXI of the federal Social Security Act, is
35established and shall be implemented January 1, 1999.
-814- 12. Health insurance coverage under the program shall be
2provided by participating insurers and through qualified child
3health plans.
43. The department of human services is designated to receive
5the state and federal funds appropriated or provided for the
6program, and to submit and maintain the state plan for the
7program, which is approved by the centers for Medicare and
8Medicaid services of the United States department of health and
9human services.
104. Nothing in this chapter shall be construed or is intended
11as, or shall imply, a grant of entitlement for services to
12persons who are eligible for participation in the program based
13upon eligibility consistent with the requirements of this
14chapter. Any state obligation to provide services pursuant to
15this chapter is limited to the extent of the funds appropriated
16or provided for this chapter.
175. Participating insurers under this chapter are not
18subject to the requirements of chapters 513B and 513C.
196. Health care coverage provided under this chapter in
20accordance with Tit.XXI of the federal Social Security Act
21shall be recognized as prior creditable coverage for the
22purposes of private individual and group health insurance
23coverage.
24 Sec. 1213. Section 514I.4, subsection 1, unnumbered
25paragraph 1, Code 2023, is amended to read as follows:
26The director, with the approval of the hawk-i Hawki board,
27shall implement this chapter. The director shall do all of the
28following:
29 Sec. 1214. Section 514I.5, Code 2023, is amended to read as
30follows:
31514I.5 Hawk-i Hawki board.
321. A hawk-i Hawki board for the hawk-i Hawki program is
33established. The board shall meet not less than six and
34not more than twelve times annually, for the purposes of
35establishing policy for, directing the department on, and
-815-1adopting rules for the program. The board shall consist of
2seven voting members and four ex officio, nonvoting members,
3including all of the following:
4a. The commissioner of insurance, or the commissioner’s
5designee.
6b. The director of the department of education, or the
7director’s designee.
8c. The director of public health and human services, or the
9director’s designee.
10d. Four public members appointed by the governor and
11subject to confirmation by the senate. The public members
12shall be members of the general public who have experience,
13knowledge, or expertise in the subject matter embraced within
14this chapter.
15e. Two members of the senate and two members of the house of
16representatives, serving as ex officio, nonvoting members. The
17legislative members of the board shall be appointed one each
18by the majority leader of the senate, after consultation with
19the president of the senate, and by the minority leader of the
20senate, and by the speaker of the house of representatives,
21after consultation with the majority leader of the house of
22representatives, and by the minority leader of the house
23of representatives. Legislative members shall receive
24compensation pursuant to section 2.12.
252. Members appointed by the governor shall serve two-year
26staggered terms as designated by the governor, and legislative
27members of the board shall serve two-year terms. The filling
28of positions reserved for the public representatives,
29vacancies, membership terms, payment of compensation and
30expenses, and removal of the members are governed by chapter
3169. Members of the board are entitled to receive reimbursement
32of actual expenses incurred in the discharge of their duties.
33Public members of the board are also eligible to receive
34compensation as provided in section 7E.6. A majority of the
35voting members constitutes a quorum and the affirmative vote
-816-1of a majority of the voting members is necessary for any
2substantive action to be taken by the board. The members
3shall select a chairperson on an annual basis from among the
4membership of the board.
53. The board shall approve any contract entered into
6pursuant to this chapter. All contracts entered into pursuant
7to this chapter shall be made available to the public.
84. The department of human services shall act as support
9staff to the board.
105. The board may receive and accept grants, loans, or
11advances of funds from any person and may receive and accept
12from any source contributions of money, property, labor, or any
13other thing of value, to be held, used, and applied for the
14purposes of the program.
156. The hawk-i Hawki board shall do all of the following:
16a. Define, in consultation with the department, the regions
17of the state for which plans are offered in a manner as to
18ensure access to services for all children participating in the
19program.
20b. Approve the benefit package design, review the benefit
21package design on a periodic basis, and make necessary changes
22in the benefit design to reflect the results of the periodic
23reviews.
24c. Develop, with the assistance of the department, an
25outreach plan, and provide for periodic assessment of the
26effectiveness of the outreach plan. The plan shall provide
27outreach to families of children likely to be eligible
28for assistance under the program, to inform them of the
29availability of and to assist the families in enrolling
30children in the program. The outreach efforts may include, but
31are not limited to, solicitation of cooperation from programs,
32agencies, and other persons who are likely to have contact
33with eligible children, including but not limited to those
34associated with the educational system, and the development
35of community plans for outreach and marketing. Other state
-817-1agencies shall assist the department in data collection related
2to outreach efforts to potentially eligible children and their
3families.
4d. In consultation with the clinical advisory committee,
5assess the initial health status of children participating in
6the program, establish a baseline for comparison purposes, and
7develop appropriate indicators to measure the subsequent health
8status of children participating in the program.
9e. Review, in consultation with the department, and take
10necessary steps to improve interaction between the program and
11other public and private programs which provide services to the
12population of eligible children.
13f. By January 1, annually, prepare, with the assistance
14of the department, and submit a report to the governor,
15the general assembly, and the council on health and human
16services, concerning the board’s activities, findings, and
17recommendations.
18g. Solicit input from the public regarding the program and
19related issues and services.
20h. Establish and consult with a clinical advisory committee
21to make recommendations to the board regarding the clinical
22aspects of the hawk-i Hawki program.
23i. Prescribe the elements to be included in a health
24improvement program plan required to be developed by a
25participating insurer. The elements shall include but are not
26limited to health maintenance and prevention and health risk
27assessment.
28j. Establish an advisory committee to make recommendations
29to the board and to the general assembly by January 1 annually
30concerning the provision of health insurance coverage to
31children with special health care needs. The committee shall
32include individuals with experience in, knowledge of, or
33expertise in this area. The recommendations shall address, but
34are not limited to, all of the following:
35(1) The definition of the target population of children
-818-1with special health care needs for the purposes of determining
2eligibility under the program.
3(2) Eligibility options for and assessment of children with
4special health care needs for eligibility.
5(3) Benefit options for children with special health care
6needs.
7(4) Options for enrollment of children with special health
8care needs in and disenrollment of children with special health
9care needs from qualified child health plans utilizing a
10capitated fee form of payment.
11(5) The appropriateness and quality of care for children
12with special health care needs.
13(6) The coordination of health services provided for
14children with special health care needs under the program with
15services provided by other publicly funded programs.
16k. Develop options and recommendations to allow children
17eligible for the hawk-i Hawki program to participate in
18qualified employer-sponsored health plans through a premium
19assistance program. The options and recommendations shall
20ensure reasonable alignment between the benefits and costs
21of the hawk-i Hawki program and the employer-sponsored
22health plans consistent with federal law. In addition, the
23board shall implement the premium assistance program options
24described under the federal Children’s Health Insurance Program
25Reauthorization Act of 2009, Pub.L. No.111-3, for the hawk-i
26 Hawki program.
277. The hawk-i Hawki board, in consultation with the
28department of human services, shall adopt rules which address,
29but are not limited to addressing, all of the following:
30a. Implementation and administration of the program.
31b. Qualifying standards for selecting participating insurers
32for the program.
33c. The benefits to be included in a qualified child health
34plan which are those included in a benchmark or benchmark
35equivalent plan and which comply with Tit.XXI of the federal
-819-1Social Security Act. Benefits covered shall include but are
2not limited to all of the following:
3(1) Inpatient hospital services including medical,
4surgical, intensive care unit, mental health, and substance
5abuse use disorder services.
6(2) Nursing care services including skilled nursing
7facility services.
8(3) Outpatient hospital services including emergency room,
9surgery, lab, and x-ray services and other services.
10(4) Physician services, including surgical and medical, and
11including office visits, newborn care, well-baby and well-child
12care, immunizations, urgent care, specialist care, allergy
13testing and treatment, mental health visits, and substance
14abuse use disorder visits.
15(5) Ambulance services.
16(6) Physical therapy.
17(7) Speech therapy.
18(8) Durable medical equipment.
19(9) Home health care.
20(10) Hospice services.
21(11) Prescription drugs.
22(12) Dental services including preventive services.
23(13) Medically necessary hearing services.
24(14) Vision services including corrective lenses.
25(15) Translation and interpreter services as specified
26pursuant to the federal Children’s Health Insurance Program
27Reauthorization Act of 2009, Pub.L. No.111-3.
28(16) Chiropractic services.
29(17) Occupational therapy.
30d. Presumptive eligibility criteria for the program.
31Beginning January 1, 2010, presumptive eligibility shall be
32provided for eligible children.
33e. The amount of any cost sharing under the program which
34shall be assessed based on family income and which complies
35with federal law.
-820- 1f. The reasons for disenrollment including, but not limited
2to, nonpayment of premiums, eligibility for medical assistance
3or other insurance coverage, admission to a public institution,
4relocation from the area, and change in income.
5g. Conflict of interest provisions applicable to
6participating insurers and between public members of the board
7and participating insurers.
8h. Penalties for breach of contract or other violations of
9requirements or provisions under the program.
10i. A mechanism for participating insurers to report any
11rebates received to the department.
12j. The data to be maintained by the department including
13data to be collected for the purposes of quality assurance
14reports.
15k. The use of provider guidelines in assessing the
16well-being of children, which may include the use of the bright
17futures for infants, children, and adolescents program as
18developed by the federal maternal and child health bureau and
19the American academy of pediatrics guidelines for well-child
20care.
218. a. The hawk-i Hawki board may provide approval to the
22director to contract with participating insurers to provide
23dental-only services. In determining whether to provide
24such approval to the director, the board shall take into
25consideration the impact on the overall program of single
26source contracting for dental services.
27b. The hawk-i Hawki board may provide approval to the
28director to contract with participating insurers to provide
29the supplemental dental-only coverage to otherwise eligible
30children who have private health care coverage as specified in
31the federal Children’s Health Insurance Program Reauthorization
32Act of 2009, Pub.L. No.111-3.
339. The hawk-i Hawki board shall monitor the capacity of
34Medicaid managed care organizations acting pursuant to a
35contract with the department to administer the hawk-i Hawki
-821-1 program to specifically and appropriately address the unique
2needs of children and children’s health delivery.
3 Sec. 1215. Section 514I.8, subsection 2, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5A child may participate in the hawk-i Hawki program if the
6child meets all of the following criteria:
7 Sec. 1216. Section 514I.8A, Code 2023, is amended to read
8as follows:
9514I.8A Hawk-i Hawki — all income-eligible children.
10The department shall provide coverage to individuals
11under nineteen years of age who meet the income eligibility
12requirements for the hawk-i Hawki program and for whom federal
13financial participation is or becomes available for the cost
14of such coverage.
15 Sec. 1217. Section 514I.9, subsection 1, Code 2023, is
16amended to read as follows:
171. The hawk-i Hawki board shall review the benefits package
18annually and shall determine additions to or deletions from the
19benefits package offered. The hawk-i Hawki board shall submit
20the recommendations to the general assembly for any amendment
21to the benefits package.
22 Sec. 1218. Section 514I.11, Code 2023, is amended to read
23as follows:
24514I.11 Hawk-i Hawki trust fund.
251. A hawk-i Hawki trust fund is created in the state
26treasury under the authority of the department of human
27services, in which all appropriations and other revenues of the
28program such as grants, contributions, and participant payments
29shall be deposited and used for the purposes of the program.
30The moneys in the fund shall not be considered revenue of the
31state, but rather shall be funds of the program.
322. The trust fund shall be separate from the general fund
33of the state and shall not be considered part of the general
34fund of the state. The moneys in the trust fund are not
35subject to section 8.33 and shall not be transferred, used,
-822-1obligated, appropriated, or otherwise encumbered, except to
2provide for the purposes of this chapter and except as provided
3in subsection 4. Notwithstanding section 12C.7, subsection
42, interest or earnings on moneys deposited in the trust fund
5shall be credited to the trust fund.
63. Moneys in the fund are appropriated to the department and
7shall be used to offset any program costs.
84. The department may transfer moneys appropriated from
9the fund to be used for the purpose of expanding health care
10coverage to children under the medical assistance program.
115. The department shall provide periodic updates to the
12general assembly regarding expenditures from the fund.
13 Sec. 1219. Section 523A.301, Code 2023, is amended to read
14as follows:
15523A.301 Definition.
16As used in sections 523A.302 and 523A.303, “director” means
17the director of health and human services.
18 Sec. 1220. Section 523A.303, subsection 2, paragraph e,
19Code 2023, is amended to read as follows:
20e. A notice in substantially the following form complies
21with this subsection:
22TO: THE DIRECTOR OF HEALTH AND HUMAN SERVICES
23FROM: (SELLER’S NAME, CURRENT ADDRESS, AND TELEPHONE NUMBER)
24You are hereby notified that (name of deceased), who had an
25irrevocable burial trust fund, has died, that final payment
26for cemetery merchandise, funeral merchandise, and funeral
27services has been made, and that (remaining amount) remains in
28the irrevocable burial trust fund.
29The above-named seller must receive a written response
30regarding any claim by the director within sixty days after the
31mailing of this notice to the director.
32If the above-named seller does not receive a written response
33regarding a claim by the director within sixty days after the
34mailing of this notice, the seller may dispose of the remaining
35funds in accordance with section 523A.303, Code of Iowa.
-823-1 Sec. 1221. Section 523A.303, subsection 3, Code 2023, is
2amended to read as follows:
33. Upon receipt of the seller’s written notice, the director
4shall determine if a debt is due the department of health and
5 human services pursuant to section 249A.53. If the director
6determines that a debt is owing, the director shall provide
7a written response to the seller within sixty days after the
8mailing of the seller’s notice. If the director does not
9respond with a claim within the sixty-day period, any claim
10made by the director shall not be enforceable against the
11seller, the trust, or a trustee.
12 Sec. 1222. Section 523I.214, Code 2023, is amended to read
13as follows:
14523I.214 Violations of law — referrals to the Iowa
15 department of public health and human services.
16If the commissioner discovers a violation of a provision
17of this chapter or any other state law or rule concerning the
18disposal or transportation of human remains, the commissioner
19shall forward all evidence in the possession of the
20commissioner concerning such a violation to the Iowa department
21of public health and human services for such proceedings as
22the Iowa department of public health and human services deems
23appropriate.
24 Sec. 1223. Section 523I.701, subsection 6, Code 2023, is
25amended to read as follows:
266. The lawn crypt shall be installed in compliance with any
27applicable law or rule adopted by the Iowa department of public
28 health and human services.
29 Sec. 1224. Section 541A.1, Code 2023, is amended to read as
30follows:
31541A.1 Definitions.
32For the purposes of this chapter, unless the context
33otherwise requires:
341. “Account holder” means an individual who is the owner of
35an individual development account.
-824- 12. “Administrator” means the division of community action
2agencies of the department of human rights.
33. 2. “Charitable contributor” means a nonprofit
4association described in section 501(c)(3) of the Internal
5Revenue Code which makes a deposit to an individual development
6account and which is exempt from taxation under section 501(a)
7of the Internal Revenue Code.
83. “Commission” means the commission on community action
9agencies created in section 216A.92A.
104. “Department” means the department of health and human
11services.
125. “Director” means the director of health and human
13services.
144. 6. “Federal poverty level” means the first poverty
15income guidelines published in the calendar year by the United
16States department of health and human services.
175. 7. “Financial institution” means a financial institution
18approved by the administrator director as an investment
19mechanism for individual development accounts.
206. 8. “Household income” means the annual household
21income of an account holder or prospective account holder,
22as determined in accordance with rules adopted by the
23administrator director.
247. 9. “Individual contributor” means an individual who
25makes a deposit to an individual development account and is not
26the account holder or a charitable contributor.
278. 10. “Individual development account” means either of the
28following:
29a. A financial instrument that is certified to have the
30characteristics described in section 541A.2 by the operating
31organization.
32b. A financial instrument that is certified by the
33operating organization to have the characteristics described
34in and funded by a federal individual development account
35program under which federal and state funding contributed to
-825-1match account holder deposits is deposited by an operating
2organization in accordance with federal law and regulations,
3and which includes but is not limited to any of the programs
4implemented under the following federal laws:
5(1) The federal Personal Responsibility and Work
6Opportunity Act of 1996, 42 U.S.C. §604(h).
7(2) The federal Assets for Independence Act, Pub.L. No.
8105-285, Tit.IV.
99. 11. “Operating organization” means an agency selected
10by the administrator department for involvement in operating
11individual development accounts directed to a specific target
12population.
1310. 12. “Source of principal” means any of the sources of
14a deposit to an individual development account under section
15541A.2, subsection 2.
16 Sec. 1225. Section 541A.2, subsection 7, Code 2023, is
17amended to read as follows:
187. Subject to obtaining any necessary federal waivers, the
19department of human services shall not consider moneys in an
20individual development account and any earnings on the moneys
21in determining the eligibility or need of an individual for
22benefits or assistance or the amount of benefits or assistance
23under the family investment program under chapter 239B, the
24promoting independence and self-sufficiency through employment
25job opportunities and basic skills program, or any other
26program administered by the department of human services.
27 Sec. 1226. Section 541A.3, Code 2023, is amended to read as
28follows:
29541A.3 Individual development accounts — state savings match
30and tax provisions.
31All of the following state savings match and tax provisions
32shall apply to an individual development account:
331. a. Payment by the state of a state savings match on
34amounts of up to two thousand dollars that an account holder
35deposits in the account holder’s account.
-826- 1b. Moneys transferred to an individual development account
2from another individual development account and a state savings
3match received by the account holder in accordance with this
4section shall not be considered an account holder deposit for
5purposes of determining a state savings match.
6c. Payment of a state savings match either shall be
7made directly to the account holder or to an operating
8organization’s central reserve account for later distribution
9to the account holder in the most appropriate manner as
10determined by the administrator department.
11d. Subject to the limitation in paragraph “a”, the state
12savings match shall be equal to one hundred percent of
13the amount deposited by the account holder. However, the
14administrator department may limit, reduce, delay, or otherwise
15revise state savings match payment provisions as necessary to
16restrict the payments to the funding available.
172. Income earned by an individual development account is
18not subject to state tax, in accordance with the provisions of
19section 422.7, subsection 17.
203. Amounts transferred between individual development
21accounts are not subject to state tax.
224. The administrator department shall coordinate the filing
23of claims for a state savings match authorized under subsection
241, between account holders and operating organizations. Claims
25approved by the administrator department may be paid to each
26account holder, for an aggregate amount for distribution to the
27holders of the accounts in a particular financial institution,
28or to an operating organization’s central reserve account
29for later distribution to the account holders depending on
30the efficiency for issuing the state savings match payments.
31Claims shall be initially filed with the administrator
32 department on or before a date established by the administrator
33 department. Claims approved by the administrator department
34 shall be paid from the individual development account state
35savings match fund.
-827-1 Sec. 1227. Section 541A.5, Code 2023, is amended to read as
2follows:
3541A.5 Rules.
41. The commission on community action agencies created
5in section 216A.92A, in consultation with the department of
6administrative services, shall adopt administrative rules to
7administer this chapter.
82. a. The rules adopted by the commission shall include
9but are not limited to provision for transfer of an individual
10development account to a different financial institution than
11originally approved by the administrator department, if the
12different financial institution has an agreement with the
13account’s operating organization.
14b. The rules for determining household income may provide
15categorical eligibility for prospective account holders who are
16enrolled in programs with income eligibility restrictions that
17are equal to or less than the maximum household income allowed
18for payment of a state match under section 541A.3.
19c. Subject to the availability of funding, the commission
20may adopt rules implementing an individual development account
21program for refugees. Rules shall identify purposes authorized
22for withdrawals to meet the special needs of refugee families.
233. The administrator department shall utilize a request for
24proposals process for selection of operating organizations and
25approval of financial institutions.
26 Sec. 1228. Section 541A.6, Code 2023, is amended to read as
27follows:
28541A.6 Compliance with federal requirements.
29The commission on community action agencies shall adopt
30rules for compliance with federal individual development
31account requirements under the federal Personal Responsibility
32and Work Opportunity Reconciliation Act of 1996, §103, as
33codified in 42 U.S.C. §604(h), under the federal Assets
34for Independence Act, Pub.L. No.105-285, Tit.IV, or with
35any other federal individual development account program
-828-1requirements for drawing federal funding. Any rules adopted
2under this section shall not apply the federal individual
3development account program requirements to an operating
4organization which does not utilize federal funding for the
5accounts with which it is connected or to an account holder who
6does not receive temporary assistance for needy families block
7grant or other federal funding.
8 Sec. 1229. Section 541A.7, Code 2023, is amended to read as
9follows:
10541A.7 Individual development account state match fund.
111. An individual development account state match fund
12is created in the state treasury under the authority of the
13administrator department. Notwithstanding section 8.33,
14moneys appropriated to the fund shall not revert to any other
15fund. Notwithstanding section 12C.7, subsection 2, interest
16or earnings on moneys deposited in the fund shall be credited
17to the fund.
182. Moneys available in the fund for a fiscal year are
19appropriated to the administrator department to be used
20to provide the state match for account holder deposits in
21accordance with section 541A.3. At least eighty-five percent
22of the amount appropriated shall be used for state match
23payments and the remainder may be used for the administrative
24costs of the operating organization. Administrative costs
25include but are not limited to accounting services, curriculum
26costs for financial education or asset-specific training, and
27costs for technical assistance contractors.
28 Sec. 1230. Section 589.26, Code 2023, is amended to read as
29follows:
30589.26 Land transfers by the department of health and human
31services legalized.
32Every deed, release or other instrument in writing
33purporting to transfer any interest in land held or claimed by
34the department of health and human services or a predecessor
35agency, which is signed by a departmental official, and which
-829-1was filed of record more than ten years earlier, in the office
2of the auditor or recorder or clerk of the district court of
3any county is legalized and shall be good and valid in law
4and in equity as fully as if the record expressly showed that
5it in all respects complied with and was fully authorized as
6provided in any statute pertaining to such instrument, any
7other provision of law to the contrary notwithstanding.
8 Sec. 1231. Section 595.4, subsection 1, Code 2023, is
9amended to read as follows:
101. Previous to the issuance of any license to marry, the
11parties desiring the license shall sign and file a verified
12application with the county registrar which application
13either may be mailed to the parties at their request or
14may be signed by them at the office of the county registrar
15in the county in which the license is to be issued. The
16application shall include the social security number of each
17applicant and shall set forth at least one affidavit of some
18competent and disinterested person stating the facts as to
19age and qualification of the parties. Upon the filing of the
20application for a license to marry, the county registrar shall
21file the application in a record kept for that purpose and
22shall take all necessary steps to ensure the confidentiality of
23the social security number of each applicant. All information
24included on an application may be provided as mutually agreed
25upon by the division of records and state registrar of vital
26 statistics and the child support recovery unit services,
27including by automated exchange.
28 Sec. 1232. Section 598.7, subsection 1, Code 2023, is
29amended to read as follows:
301. The district court may, on its own motion or on the
31motion of any party, order the parties to participate in
32mediation in any dissolution of marriage action or other
33domestic relations action. Mediation performed under this
34section shall comply with the provisions of chapter 679C.
35The provisions of this section shall not apply if the action
-830-1involves a child support or medical support obligation enforced
2by the child support recovery unit services. The provisions
3of this section shall not apply to actions which involve elder
4abuse pursuant to chapter 235F or domestic abuse pursuant
5to chapter 236. The provisions of this section shall not
6affect a judicial district’s or court’s authority to order
7settlement conferences pursuant to rules of civil procedure.
8The court shall, on application of a party, grant a waiver
9from any court-ordered mediation under this section if the
10party demonstrates that a history of domestic abuse exists as
11specified in section 598.41, subsection 3, paragraph “j”.
12 Sec. 1233. Section 598.21B, subsection 1, paragraphs c and
13d, Code 2023, are amended to read as follows:
14c. It is the intent of the general assembly that, to the
15extent possible within the requirements of federal law, the
16court and the child support recovery unit services consider the
17individual facts of each judgment or case in the application
18of the guidelines and determine the support obligation
19accordingly. It is also the intent of the general assembly
20that in the supreme court’s review of the guidelines, the
21supreme court shall do both of the following:
22(1) Emphasize the ability of a court to apply the guidelines
23in a just and appropriate manner based upon the individual
24facts of a judgment or case.
25(2) In determining monthly child support payments, consider
26other children for whom either parent is legally responsible
27for support and other child support obligations actually paid
28by either party pursuant to a court or administrative order.
29d. The guidelines prescribed by the supreme court shall
30be used by the department of health and human services in
31determining child support payments under sections 252C.2
32and 252C.4. A variation from the guidelines shall not be
33considered by the department without a record or written
34finding, based on stated reasons, that the guidelines would be
35unjust or inappropriate as determined under criteria prescribed
-831-1by the supreme court.
2 Sec. 1234. Section 598.21B, subsection 2, paragraph e, Code
32023, is amended to read as follows:
4e. Special circumstances justifying variation from
5guidelines. Unless the special circumstances of the case
6justify a deviation, the court or the child support recovery
7unit services shall establish a monthly child support payment
8in accordance with the guidelines for a parent who is nineteen
9years of age or younger, who has not received a high school
10or high school equivalency diploma, and to whom each of the
11following apply:
12(1) The parent is attending a school or program described as
13follows or has been identified as one of the following:
14(a) The parent is in full-time attendance at an accredited
15school and is pursuing a course of study leading to a high
16school diploma.
17(b) The parent is attending an instructional program
18leading to a high school equivalency diploma.
19(c) The parent is attending a career and technical education
20program approved pursuant to chapter 258.
21(d) The parent has been identified by the director of
22special education of the area education agency as a child
23requiring special education as defined in section 256B.2.
24(2) The parent provides proof of compliance with the
25requirements of subparagraph (1) to the child support recovery
26unit services, if the unit child support services is providing
27services under chapter 252B, or if the unit child support
28services is not providing services pursuant to chapter 252B, to
29the court as the court may direct. Failure to provide proof of
30compliance under this subparagraph or proof of compliance under
31section 598.21G is grounds for modification of the support
32order using the uniform child support guidelines and imputing
33an income to the parent equal to a forty-hour workweek at the
34state minimum wage, unless the parent’s education, experience,
35or actual earnings justify a higher income.
-832-1 Sec. 1235. Section 598.21C, subsection 2, paragraph b, Code
22023, is amended to read as follows:
3b. This basis for modification is applicable to petitions
4filed on or after July 1, 1992, notwithstanding whether
5the guidelines prescribed by section 598.21B were used in
6establishing the current amount of support. Upon application
7for a modification of an order for child support for which
8services are being received pursuant to chapter 252B, the
9court shall set the amount of child support based upon the
10most current child support guidelines established pursuant
11to section 598.21B, including provisions for medical support
12pursuant to chapter 252E.The child Child support recovery
13unit services shall, in submitting an application for
14modification, adjustment, or alteration of an order for
15support, employ additional criteria and procedures as provided
16in chapter 252H and as established by rule.
17 Sec. 1236. Section 598.21C, subsections 3, 5, and 7, Code
182023, are amended to read as follows:
193. Applicable law. Unless otherwise provided pursuant to
2028 U.S.C. §1738B, a modification of a support order entered
21under chapter 234, 252A, 252C, 600B, this chapter, or any
22other support chapter or proceeding between parties to the
23order is void unless the modification is approved by the
24court, after proper notice and opportunity to be heard is
25given to all parties to the order, and entered as an order
26of the court. If support payments have been assigned to the
27department of health and human services pursuant to section
28234.39, 239B.6, or 252E.11, or if services are being provided
29pursuant to chapter 252B, the department is a party to the
30support order. Modifications of orders pertaining to child
31custody shall be made pursuant to chapter 598B. If the petition
32for a modification of an order pertaining to child custody asks
33either for joint custody or that joint custody be modified to
34an award of sole custody, the modification, if any, shall be
35made pursuant to section 598.41.
-833- 15. Retroactivity of modification. Judgments for child
2support or child support awards entered pursuant to this
3chapter, chapter 234, 252A, 252C, 252F, 600B, or any other
4chapter of the Code which are subject to a modification
5proceeding may be retroactively modified only from three
6months after the date the notice of the pending petition for
7modification is served on the opposing party. The three-month
8limitation applies to a modification action pending on or after
9July 1, 1997. The prohibition of retroactive modification does
10not bar the child support recovery unit services from obtaining
11orders for accrued support for previous time periods. Any
12retroactive modification which increases the amount of child
13support or any order for accrued support under this subsection
14shall include a periodic payment plan. A retroactive
15modification shall not be regarded as a delinquency unless
16there are subsequent failures to make payments in accordance
17with the periodic payment plan.
187. Modification by child support recovery unit
19 services. Notwithstanding any other provision of law to the
20contrary, when an application for modification or adjustment
21of support is submitted by the child support recovery unit
22 services, the sole issues which may be considered by the
23court in that action are the application of the guidelines
24in establishing the amount of support pursuant to section
25598.21B, and provision for medical support under chapter
26252E. When an application for a cost-of-living alteration
27of support is submitted by the child support recovery unit
28 services pursuant to section 252H.24, the sole issue which may
29be considered by the court in the action is the application of
30the cost-of-living alteration in establishing the amount of
31child support. Issues related to custody, visitation, or other
32provisions unrelated to support shall be considered only under
33a separate application for modification.
34 Sec. 1237. Section 598.21G, Code 2023, is amended to read
35as follows:
-834- 1598.21G Minor parent — parenting classes.
2In any order or judgment entered under this chapter or
3chapter 234, 252A, 252C, 252F, or 600B, or under any other
4chapter which provides for temporary or permanent support
5payments, if the parent ordered to pay support is less than
6eighteen years of age, one of the following shall apply:
71. If the child support recovery unit services is
8providing services pursuant to chapter 252B, the court, or
9the administrator as defined in section 252C.1, department of
10health and human services shall order the parent ordered to pay
11support to attend parenting classes which are approved by the
12department of health and human services.
132. If the child support recovery unit services is not
14providing services pursuant to chapter 252B, the court may
15order the parent ordered to pay support to attend parenting
16classes which are approved by the court.
17 Sec. 1238. Section 598.22A, subsection 4, Code 2023, is
18amended to read as follows:
194. Payment of accrued support debt due the department of
20health and human services shall be credited pursuant to section
21252B.3, subsection 5.
22 Sec. 1239. Section 598.22B, Code 2023, is amended to read
23as follows:
24598.22B Information required in order or judgment.
25This section applies to all initial or modified orders
26for paternity or support entered under this chapter, chapter
27234, 252A, 252C, 252F, 252H, 252K, or 600B, or under any other
28chapter, and any subsequent order to enforce such support
29orders.
301. All such orders or judgments shall direct each party
31to file with the clerk of court or the child support recovery
32unit services, as appropriate, upon entry of the order, and to
33update as appropriate, information on location and identity of
34the party, including social security number, residential and
35mailing addresses, electronic mail address, telephone number,
-835-1driver’s license number, and name, address, and telephone
2number of the party’s employer. The order shall also include a
3provision that the information filed will be disclosed and used
4pursuant to this section. The party shall file the information
5with the clerk of court, or, if all support payments are to
6be directed to the collection services center as provided in
7section 252B.14, subsection 2, and section 252B.16, with the
8 child support recovery unit services.
92. All such orders or judgments shall include a statement
10that in any subsequent child support action initiated by the
11 child support recovery unit services or between the parties,
12upon sufficient showing that diligent effort has been made to
13ascertain the location of such a party, the unit child support
14services or the court shall deem due process requirements for
15notice and service of process to be met with respect to the
16party, upon delivery of written notice to the most recent
17residential or employer address filed with the clerk of court
18or unit child support services pursuant to subsection 1.
193. a. Information filed pursuant to subsection 1 shall not
20be a public record.
21b. Information filed with the clerk of court pursuant
22to subsection 1 shall be available to the child support
23recovery unit services, upon request. Beginning October 1,
241998, information filed with the clerk of court pursuant to
25subsection 1 shall be provided by the clerk of court to the
26 child support recovery unit services pursuant to section
27252B.24.
28c. Information filed with the clerk of court shall be
29available, upon request, to a party unless the party filing
30the information also files an affidavit alleging the party has
31reason to believe that release of the information may result in
32physical or emotional harm to the affiant or child. However,
33even if an affidavit has been filed, any information provided
34by the clerk of court to the child support recovery unit
35 services shall be disclosed by the unit child support services
-836-1 as provided in section 252B.9.
2d. Information provided to the unit child support services
3 shall only be disclosed as provided in section 252B.9.
4 Sec. 1240. Section 598.23A, subsection 2, paragraph b,
5subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
6to read as follows:
7The contemnor shall keep a record of and provide the
8following information to the court at the court’s request, or
9to the child support recovery unit established pursuant to
10chapter 252B services created in section 252B.2, at the unit’s
11 request of child support services, when the unit child support
12services is providing enforcement services pursuant to chapter
13252B:
14 Sec. 1241. Section 598.23A, subsection 2, paragraph c,
15subparagraph (3), Code 2023, is amended to read as follows:
16(3) The court order under this paragraph shall be vacated
17only after verification is provided to the court that the
18contemnor has satisfied all accrued obligations owing and that
19the contemnor has satisfied all terms established by the court
20and when the person entitled to receive support payments, or
21the child support recovery unit services when the unit child
22support services is providing enforcement services pursuant
23to chapter 252B, has been provided ten days’ notice and an
24opportunity to object.
25 Sec. 1242. Section 598.26, subsection 1, Code 2023, is
26amended to read as follows:
271. Until a decree of dissolution has been entered, the
28record and evidence shall be closed to all but the court,
29its officers, and the child support recovery unit services
30 of the department of health and human services pursuant to
31section 252B.9. However, the payment records of a temporary
32support order maintained by the clerk of the district court
33are public records and may be released upon request. Payment
34records shall not include address or location information. No
35other person shall permit a copy of any of the testimony, or
-837-1pleading, or the substance of any testimony or pleading, to be
2made available to any person other than a party to the action
3or a party’s attorney. Nothing in this subsection shall be
4construed to prohibit publication of the original notice as
5provided by the rules of civil procedure.
6 Sec. 1243. Section 598.34, subsection 1, unnumbered
7paragraph 1, Code 2023, is amended to read as follows:
8If public assistance is provided by the department of
9health and human services to or on behalf of a dependent child
10or a dependent child’s caretaker, there is an assignment by
11operation of law to the department of any and all rights in,
12title to, and interest in any support obligation, payment, and
13arrearages owed to or for the child or caretaker not to exceed
14the amount of public assistance paid for or on behalf of the
15child or caretaker as follows:
16 Sec. 1244. Section 598.34, subsection 3, Code 2023, is
17amended to read as follows:
183. The clerk shall furnish the department with copies
19of all orders or decrees and temporary or domestic abuse
20orders addressing support when the parties are receiving
21public assistance or services are otherwise provided by the
22 child support recovery unit services pursuant to chapter
23252B.Unless otherwise specified in the order, an equal and
24proportionate share of any child support awarded shall be
25presumed to be payable on behalf of each child subject to the
26order or judgment for purposes of an assignment under this
27section.
28 Sec. 1245. Section 600.2, Code 2023, is amended to read as
29follows:
30600.2 Definitions.
311. “Child”, “parent”, “parent-child relationship”,
32“termination of parental rights”, “biological parent”,
33“stepparent”, “guardian”, “custodian”, “guardian ad litem”,
34“minor”, “adoption service provider”, “certified adoption
35investigator”, “adult”, “agency”, “department”, “court”, and
-838-1“juvenile court” “Adoption service provider”, “adult”, “agency”,
2“biological parent”, “certified adoption investigator”, “child”,
3“court”, “custodian”, “department”, “guardian”, “guardian ad
4litem”, “juvenile court”, “minor”, “parent”, “parent-child
5relationship”, “stepparent”, and “termination of parental rights”
6 mean the same as defined in section 600A.2.
72. “Investigator” means a natural person who is certified or
8approved by the department of human services, after inspection
9by the department of inspections and appeals, as being capable
10of conducting an investigation under section 600.8.
11 Sec. 1246. Section 600.7A, Code 2023, is amended to read as
12follows:
13600.7A Adoption services provided by or through the
14 department of human services — selection of adoptive parent
15criteria.
16The department of human services shall adopt rules which
17provide that if adoption services are provided by or through
18the department, notwithstanding any other selection of
19adoptive parent criteria, the overriding criterion shall be a
20preference for placing a child in a stable home environment as
21expeditiously as possible.
22 Sec. 1247. Section 600.8, subsection 2, paragraph c, Code
232023, is amended to read as follows:
24c. If the person making the investigation does not approve
25a prospective adoption petitioner under paragraph “a” of this
26subsection, the person investigated may appeal the disapproval
27as a contested case to the director of health and human
28services. Judicial review of any adverse decision by the
29director may be sought pursuant to chapter 17A.
30 Sec. 1248. Section 600.16A, subsection 5, Code 2023, is
31amended to read as follows:
325. Notwithstanding subsection 2, a termination of parental
33rights order issued pursuant to this chapter, section 600A.9,
34or any other chapter shall be disclosed to the child support
35recovery unit services, upon request, without court order.
-839-1 Sec. 1249. Section 600.16B, Code 2023, is amended to read
2as follows:
3600.16B Fees.
4The supreme court shall prescribe and the department of
5human services shall adopt rules, to defray the actual cost of
6the provision of information or the opening of records pursuant
7to section 600.16 or 600.16A.
8 Sec. 1250. Section 600.17, unnumbered paragraph 1, Code
92023, is amended to read as follows:
10The department of human services shall, within the limits of
11funds appropriated to the department of human services and any
12gifts or grants received by the department for this purpose,
13provide financial assistance to any person who adopts a child
14with physical or mental disabilities or an older or otherwise
15hard-to-place child, if the adoptive parent has the capability
16of providing a suitable home for the child but the need for
17special services or the costs of maintenance are beyond the
18economic resources of the adoptive parent.
19 Sec. 1251. Section 600.17, subsection 3, Code 2023, is
20amended to read as follows:
213. The department of human services shall make adoption
22presubsidy and adoption subsidy payments to adoptive parents at
23the beginning of the month for the current month.
24 Sec. 1252. Section 600.18, Code 2023, is amended to read as
25follows:
26600.18 Determination of assistance.
271. Any prospective adoptive parent desiring financial
28assistance shall state this fact in the petition for adoption.
29The department of human services shall investigate the person
30petitioning for adoption and the child and shall file with the
31juvenile court or court a statement of whether the department
32will provide assistance as provided in section 600.17, this
33section, and sections 600.19 through 600.22, the estimated
34amount, extent, and duration of assistance, and any other
35information the juvenile court or court may order.
-840- 12. If the department of human services is unable to
2determine that an insurance policy will cover the costs of
3special services, it shall proceed as if no policy existed, for
4the purpose of determining eligibility to receive assistance.
5The department shall, to the amount of financial assistance
6given, be subrogated to the rights of the adoptive parent in
7the insurance contract.
8 Sec. 1253. Section 600.22, Code 2023, is amended to read as
9follows:
10600.22 Rules.
11The department of human services shall adopt rules in
12accordance with the provisions of chapter 17A, which are
13necessary for the administration of sections 600.17 through
14600.21 and 600.23.
15 Sec. 1254. Section 600.23, subsection 1, Code 2023, is
16amended to read as follows:
171. Purpose. The department of human services may enter
18into interstate agreements with state agencies of other states
19for the protection of children on behalf of whom adoption
20subsidy is being provided by the department of human services
21 and to provide procedures for interstate children’s adoption
22assistance payments, including medical payments.
23 Sec. 1255. Section 600.23, subsection 2, paragraphs a and b,
24Code 2023, are amended to read as follows:
25a. The Iowa department of human services may enter into
26interstate agreements with state agencies of other states for
27the provision of medical services to adoptive families who
28participate in the subsidized adoption or adoption assistance
29program.
30b. The Iowa department of human services may develop,
31participate in the development of, negotiate, and enter into
32one or more interstate compacts on behalf of this state with
33other states to implement one or more of the purposes set forth
34in this section. When so entered into, and for so long as it
35shall remain in force, such a compact shall have the force and
-841-1effect of law.
2 Sec. 1256. Section 600.23, subsection 4, paragraphs a, b,
3and c, Code 2023, are amended to read as follows:
4a. A child with special needs residing in this state who is
5the subject of an adoption assistance agreement with another
6state shall be entitled to receive a medical assistance card
7from this state upon the filing of a certified copy of the
8adoption assistance agreement obtained from the adoption
9assistance state. In accordance with regulations of the Iowa
10 department of human services, the adoptive parents shall be
11required at least annually to show that the agreement is still
12in force or has been renewed.
13b. The Iowa department of human services shall consider the
14holder of a medical assistance card pursuant to this section as
15any other holder of a medical assistance card under the laws
16of this state and shall process and make payment on claims
17on account of such holder in the same manner and pursuant to
18the same conditions and procedures as for other recipients of
19medical assistance.
20c. The Iowa department of human services shall provide
21coverage and benefits for a child who is in another state and
22who is covered by an adoption subsidy agreement made prior
23to July 1, 1987, by the Iowa department of human services
24 for the coverage or benefits, if any, not provided by the
25residence state. The adoptive parents acting for the child may
26submit evidence of payment for services or benefit amounts not
27payable in the residence state and shall be reimbursed for such
28expense. However, reimbursement shall not be made for services
29or benefit amounts covered under any insurance or other third
30party medical contract or arrangement held by the child or the
31adoptive parents. The additional coverages and benefit amounts
32provided pursuant to this subsection shall be for services to
33the cost of which there is no federal contribution, or which,
34if federally aided, are not provided by the residence state.
35Such regulations shall include procedures to be followed in
-842-1obtaining prior approvals for services in those instances where
2required for the assistance.
3 Sec. 1257. Section 600A.2, subsections 5 and 9, Code 2023,
4are amended to read as follows:
55. “Certified adoption investigator” means a person who is
6certified and approved by the department of human services,
7after inspection by the department of inspections and appeals,
8as being capable of conducting an investigation under section
9600.8.
109. “Department” means the state department of health and
11 human services or its subdivisions.
12 Sec. 1258. Section 600A.4, subsection 2, paragraph d,
13subparagraph (2), Code 2023, is amended to read as follows:
14(2) If accepted, the counseling shall be provided after
15the birth of the child and prior to the signing of a release
16of custody or the filing of a petition for termination of
17parental rights as applicable. Counseling shall be provided
18only by a person who is qualified under rules adopted by the
19department of human services which shall include a requirement
20that the person complete a minimum number of hours of training
21in the area of adoption-related counseling approved by the
22department. If counseling is accepted, the counselor shall
23provide an affidavit, which shall be attached to the release of
24custody, when practicable, certifying that the counselor has
25provided the biological parent with the requested counseling
26and documentation that the person is qualified to provide the
27requested counseling as prescribed by this paragraph “d”. The
28requirements of this paragraph “d” do not apply to a release
29of custody which is executed for the purposes of a stepparent
30adoption.
31 Sec. 1259. Section 600A.8, subsection 8, paragraph a, Code
322023, is amended to read as follows:
33a. The parent has been determined to be a person with a
34substance-related substance use disorder as defined in section
35125.2 and the parent has committed a second or subsequent
-843-1domestic abuse assault pursuant to section 708.2A.
2 Sec. 1260. Section 600B.38, subsections 1 and 3, Code 2023,
3are amended to read as follows:
41. If public assistance is provided by the department of
5health and human services to or on behalf of a dependent child
6or a dependent child’s caretaker, there is an assignment by
7operation of law to the department of any and all rights in,
8title to, and interest in any support obligation, payment, and
9arrearages owed to or on behalf of the child or caretaker, not
10to exceed the amount of public assistance paid for or on behalf
11of the child or caretaker as follows:
12a. For family investment program assistance, section 239B.6
13shall apply.
14b. For foster care services, section 234.39 shall apply.
15c. For medical assistance, section 252E.11 shall apply.
163. The clerk shall furnish the department with copies of
17all orders or decrees and temporary or domestic abuse orders
18addressing support when the parties are receiving public
19assistance or services are otherwise provided by the child
20support recovery unit services. Unless otherwise specified
21in the order, an equal and proportionate share of any child
22support awarded shall be presumed to be payable on behalf of
23each child subject to the order or judgment for purposes of an
24assignment under this section.
25 Sec. 1261. Section 600B.41A, subsection 3, paragraph c,
26subparagraph (1), Code 2023, is amended to read as follows:
27(1) If enforcement services are being provided by the
28 child support recovery unit services pursuant to chapter 252B,
29notice shall also be served on the child support recovery unit
30 services.
31 Sec. 1262. Section 600B.41A, subsection 11, Code 2023, is
32amended to read as follows:
3311. Participation of the child support recovery unit
34 services created in section 252B.2 in an action brought under
35this section shall be limited as follows:
-844- 1a. The unit Child support services shall only participate
2in actions if services are being provided by the unit child
3support services pursuant to chapter 252B.
4b. When services are being provided by the unit child
5support services under chapter 252B, the unit child support
6services may enter an administrative order for blood and
7genetic tests pursuant to chapter 252F.
8c. The unit Child support services is not responsible for or
9required to provide for or assist in obtaining blood or genetic
10tests in any case in which services are not being provided by
11the unit child support services.
12d. The unit Child support services is not responsible for
13the costs of blood or genetic testing conducted pursuant to an
14action brought under this section.
15e. Pursuant to section 252B.7, subsection 4, an attorney
16employed by the unit child support services represents the
17state in any action under this section. The unit’s Child
18support services’ attorney is not the legal representative of
19the mother, the established father, or the child in any action
20brought under this section.
21 Sec. 1263. Section 600C.1, subsection 3, paragraph c,
22subparagraph (2), subparagraph division (f), Code 2023, is
23amended to read as follows:
24(f) Drug abuse Substance use disorder.
25 Sec. 1264. Section 602.4201, subsection 3, paragraph h,
26Code 2023, is amended to read as follows:
27h. Involuntary commitment or treatment of persons with
28substance-related disorders a substance use disorder.
29 Sec. 1265. Section 602.6111, subsection 2, Code 2023, is
30amended to read as follows:
312. Any party, except the child support recovery unit
32 services, filing a petition, complaint, answer, appearance,
33first motion, or any document with the clerk of the district
34court to establish or modify an order for child support
35under chapter 236, 252A, 252K, 598, or 600B shall provide the
-845-1clerk of the district court with the date of birth and social
2security number of the child.
3 Sec. 1266. Section 602.6405, subsection 2, paragraph b,
4Code 2023, is amended to read as follows:
5b. Magistrates shall forward copies of citations issued
6for violations of section 453A.2, subsection 2, and of their
7dispositions to the clerk of the district court. The clerk of
8the district court shall maintain records of citations issued
9and the dispositions of citations, and shall forward a copy of
10the records to the Iowa department of public health and human
11services.
12 Sec. 1267. Section 602.8102, subsections 33, 43, and 47,
13Code 2023, are amended to read as follows:
1433. Furnish to the Iowa department of public health and
15human services a certified copy of a judgment relating to the
16suspension or revocation of a professional license.
1743. Submit to the director of the division of child and
18family services of the department of health and human services
19a duplicate of the findings of the court related to adoptions
20as provided in section 235.3, subsection 7.
2147. Record support payments made pursuant to an order
22entered under chapter 252A, 252F, 598, or 600B, or under a
23comparable statute of another state or foreign country as
24defined in chapter 252K, and through setoff of a state or
25federal income tax refund or rebate, as if the payments were
26received and disbursed by the clerk; forward support payments
27received under section 252A.6 to the department of health
28and human services and furnish copies of orders and decrees
29awarding support to parties receiving welfare public assistance
30as provided in section 252A.13.
31 Sec. 1268. Section 602.8103, subsection 4, paragraph j,
32Code 2023, is amended to read as follows:
33j. Court reporters’ notes and certified transcripts of
34those notes in mental health hearings under section 229.12 and
35substance abuse use disorder hearings under section 125.82,
-846-1ninety days after the respondent has been discharged from
2involuntary custody.
3 Sec. 1269. Section 613.17, subsection 2, paragraph b, Code
42023, is amended to read as follows:
5b. A person or entity that owns, manages, or is otherwise
6responsible for the premises on which an automated external
7defibrillator is located if the person or entity maintains the
8automated external defibrillator in a condition for immediate
9and effective use at all times, subject to standards developed
10by the department of public health and human services by rule.
11 Sec. 1270. Section 622.10, subsection 6, paragraph a, Code
122023, is amended to read as follows:
13a. The fee charged for the cost of producing the requested
14records or images shall be based upon the actual cost
15of production. If the written request and accompanying
16patient’s waiver, if required, authorizes the release of
17all of the patient’s records for the requested time period,
18including records relating to the patient’s mental health,
19substance abuse use disorder, and acquired immune deficiency
20syndrome-related conditions, the amount charged shall not
21exceed the rates established by the workers’ compensation
22commissioner for copies of records in workers’ compensation
23cases. If requested, the provider shall include an affidavit
24certifying that the records or images produced are true and
25accurate copies of the originals for an additional fee not to
26exceed ten dollars.
27 Sec. 1271. Section 622A.7, Code 2023, is amended to read as
28follows:
29622A.7 Rules.
30The supreme court, after consultation with the department
31of health and human rights services and other appropriate
32departments, shall adopt rules governing the qualifications and
33compensation of interpreters or translators appearing in legal
34proceedings under this chapter. However, an administrative
35agency which is subject to chapter 17A may adopt rules
-847-1differing from those of the supreme court governing the
2qualifications and compensation of interpreters or translators
3appearing in proceedings before that agency.
4 Sec. 1272. Section 622B.1, subsection 2, Code 2023, is
5amended to read as follows:
62. The supreme court, after consultation with the
7department of health and human rights services, shall adopt
8rules governing the qualifications and compensation of sign
9language interpreters appearing in a legal proceeding or before
10an administrative agency under this chapter. However, an
11administrative agency which is subject to chapter 17A may adopt
12rules differing from those of the supreme court governing the
13qualifications and compensation of sign language interpreters
14appearing in proceedings before that agency.
15 Sec. 1273. Section 622B.4, Code 2023, is amended to read as
16follows:
17622B.4 List.
18The office of deaf services of the department of health
19and human rights services shall prepare and continually
20update a listing of qualified and available sign language
21interpreters. The courts and administrative agencies shall
22maintain a directory of qualified interpreters for deaf and
23hard-of-hearing persons as furnished by the department of
24health and human rights services. The office of deaf services
25of the department of health and human services shall maintain
26a list of sign language interpreters which shall be made
27available to a court, administrative agency, or interested
28parties to an action using the services of a sign language
29interpreter.
30 Sec. 1274. Section 626.29, Code 2023, is amended to read as
31follows:
32626.29 Distress warrant by director of revenue, director of
33inspections and appeals, or director of workforce development.
34In the service of a distress warrant issued by the director
35of revenue for the collection of taxes administered by or debts
-848-1to be collected by the department of revenue, in the service of
2a distress warrant issued by the director of inspections and
3appeals for the collection of overpayment debts owed to the
4department of health and human services, or in the service of a
5distress warrant issued by the director of the department of
6workforce development for the collection of employment security
7contributions, the property of the taxpayer or the employer in
8the possession of another, or debts due the taxpayer or the
9employer, may be reached by garnishment.
10 Sec. 1275. Section 633.231, Code 2023, is amended to read
11as follows:
12633.231 Notice in intestate estates — medical assistance
13claims.
141. Upon opening administration of an intestate estate,
15the administrator shall, in accordance with section 633.410,
16provide by electronic transmission on a form approved by
17the department of health and human services to the entity
18designated by the department of health and human services,
19a notice of opening administration of the estate and of
20the appointment of the administrator, which shall include a
21notice to file claims with the clerk or to provide electronic
22notification to the administrator that the department has no
23claim within six months from the date of sending this notice,
24or thereafter be forever barred.
252. The notice shall be in substantially the following form:
26In the District Court of Iowa
27in and for ..... County.
28In the Estate ofProbate No.....
29....., Deceased
30NOTICE OF OPENING
31ADMINISTRATION OF
32ESTATE, OF APPOINTMENT OF
33ADMINISTRATOR, AND
34NOTICE TO CREDITOR
35To the Department of Health and Human Services Who May Be
-849-1Interested in the Estate of ....., Deceased, who died on or
2about ...... (date):
3You are hereby notified that on the .. day of ... (month),
4... (year), an intestate estate was opened in the above-named
5court and that ..... was appointed administrator of the
6estate.
7You are further notified that the birthdate of the
8deceased is ... and the deceased’s social security number
9is ...-...-.... The name of the spouse is ......... The
10birthdate of the spouse is ... and the spouse’s social
11security number is ...-...-...., and that the spouse of the
12deceased is alive as of the date of this notice, or deceased as
13of ...... (date).
14You are further notified that the deceased was/was not a
15disabled or a blind child of the medical assistance recipient
16by the name of ....., who had a birthdate of ... and a social
17security number of ...-...-...., and the medical assistance
18debt of that medical assistance recipient was waived pursuant
19to section 249A.53, subsection 2, paragraph “a”, subparagraph
20(1), and is now collectible from this estate pursuant to
21section 249A.53, subsection 2, paragraph “b”.
22Notice is hereby given that if the department of health
23and human services has a claim against the estate for the
24deceased person or persons named in this notice, the claim
25shall be filed with the clerk of the above-named district
26court, as provided by law, duly authenticated, for allowance,
27within six months from the date of sending this notice and,
28unless otherwise allowed or paid, the claim is thereafter
29forever barred. If the department does not have a claim, the
30department shall return the notice to the administrator with
31notification stating the department does not have a claim
32within six months from the date of sending this notice.
33Dated this .. day of ... (month), ... (year)
34....................
35Administrator of the estate
-850-1....................
2Address
3....................
4Attorney for the administrator
5....................
6Address
7 Sec. 1276. Section 633.304A, Code 2023, is amended to read
8as follows:
9633.304A Notice of probate of will — medical assistance
10claims.
111. On admission of a will to probate, the executor shall,
12in accordance with section 633.410, provide by electronic
13transmission on a form approved by the department of health and
14 human services to the entity designated by the department of
15health and human services, a notice of admission of the will
16to probate and of the appointment of the executor, which shall
17include a notice to file claims with the clerk or to provide
18electronic notification to the executor that the department
19has no claim within six months of sending this notice, or
20thereafter be forever barred.
212. The notice shall be in substantially the following form:
22In the District Court of Iowa
23in and for ..... County.
24Probate No. ....
25In the Estate ofNOTICE OF PROBATE OF WILL,
26....., DeceasedOF APPOINTMENT OF
27EXECUTOR, AND
28NOTICE TO CREDITORS
29To the Department of Health and Human Services, Who May Be
30Interested in the Estate of ....., Deceased, who died on or
31about ...... (date):
32You are hereby notified that on the .. day of ...(month),
33...(year), the last will and testament of ......, deceased,
34bearing date of the .. day of ... (month), ... (year) was
35admitted to probate in the above-named court and that ......
-851-1was appointed executor of the estate.
2You are further notified that the birthdate of the
3deceased is ... and the deceased’s social security number is
4...-...-.... The name of the spouse is ...... The birthdate
5of the spouse is ... and the spouse’s social security number
6is ...-...-...., and that the spouse of the deceased is alive
7as of the date of this notice, or deceased as of ..... (date).
8You are further notified that the deceased was/was not a
9disabled or a blind child of the medical assistance recipient
10by the name of ......, who had a birthdate of .... and a social
11security number of ...-...-...., and the medical assistance
12debt of that medical assistance recipient was waived pursuant
13to section 249A.53, subsection 2, paragraph “a”, subparagraph
14(1), and is now collectible from this estate pursuant to
15section 249A.53, subsection 2, paragraph “b”.
16Notice is hereby given that if the department of health
17and human services has a claim against the estate for the
18deceased person or persons named in this notice, the claim
19shall be filed with the clerk of the above-named district
20court, as provided by law, duly authenticated, for allowance
21within six months from the date of sending this notice and,
22unless otherwise allowed or paid, the claim is thereafter
23forever barred. If the department does not have a claim,
24the department shall return the notice to the executor with
25notification that the department does not have a claim within
26six months from the date of sending this notice.
27Dated this .. day of ... (month), ... (year)
28......
29Executor of estate
30........
31Address
32......
33Attorney for executor
34........
35Address
-852-1 Sec. 1277. Section 633.336, Code 2023, is amended to read
2as follows:
3633.336 Damages for wrongful death.
4When a wrongful act produces death, damages recovered as a
5result of the wrongful act shall be disposed of as personal
6property belonging to the estate of the deceased; however, if
7the damages include damages for loss of services and support
8of a deceased spouse, parent, or child, the damages shall be
9apportioned by the court among the surviving spouse, children,
10and parents of the decedent in a manner as the court may deem
11equitable consistent with the loss of services and support
12sustained by the surviving spouse, children, and parents
13respectively. Any recovery by a parent for the death of a
14child shall be subordinate to the recovery, if any, of the
15spouse or a child of the decedent. If the decedent leaves
16a spouse, child, or parent, damages for wrongful death shall
17not be subject to debts and charges of the decedent’s estate,
18except for amounts to be paid to the department of health
19and human services for payments made for medical assistance
20pursuant to chapter 249A, paid on behalf of the decedent from
21the time of the injury which gives rise to the decedent’s death
22up until the date of the decedent’s death.
23 Sec. 1278. Section 633.356, subsection 3, paragraph a,
24subparagraph (9), Code 2023, is amended to read as follows:
25(9) That no debt is owed to the department of health and
26 human services for reimbursement of Medicaid benefits; or if
27debt is owed, that the debt will be paid to the extent of funds
28received pursuant to the affidavit.
29 Sec. 1279. Section 633.356, subsection 8, paragraph b, Code
302023, is amended to read as follows:
31b. When the department of health and human services is
32entitled to money or property of a decedent pursuant to section
33249A.53, subsection 2, and no affidavit has been presented by
34a successor as defined in subsection 2, paragraph “a” or “b”,
35within ninety days of the date of the decedent’s death, the
-853-1funds in the account or other property, up to the amount of
2the claim of the department, shall be paid to the department
3upon presentation by the department or an entity designated by
4the department of an affidavit to the holder of the decedent’s
5property. Such affidavit shall include the information
6specified in subsection 3, except that the department may
7submit proof of payment of funeral expenses as verification
8of the decedent’s death instead of a certified copy of the
9decedent’s death certificate. The amount of the department’s
10claim shall also be included in the affidavit, which shall
11entitle the department to receive the funds as a successor.
12The department shall issue a refund within sixty days to any
13claimant with a superior priority pursuant to section 633.425,
14if notice of such claim is given to the department, or to the
15entity designated by the department to receive notice, within
16one year of the department’s receipt of funds. This paragraph
17shall apply to funds or property of the decedent transferred
18to the custody of the treasurer of state as unclaimed property
19pursuant to chapter 556.
20 Sec. 1280. Section 633.410, subsection 2, Code 2023, is
21amended to read as follows:
222. Notwithstanding subsection 1, claims for debts created
23under section 249A.53, subsection 2, relating to the recovery
24of medical assistance payments shall be barred under this
25section unless filed with the clerk within six months after
26sending notice by electronic transmission, on the form
27prescribed in section 633.231 for intestate estates or on the
28form prescribed in section 633.304A for testate estates, to
29the entity designated by the department of health and human
30services to receive notice.
31 Sec. 1281. Section 633.564, subsection 3, Code 2023, is
32amended to read as follows:
333. The judicial branch, in conjunction with the department
34of public safety, the department of health and human services,
35and the state chief information officer, shall establish
-854-1procedures for electronic access to the single contact
2repository established pursuant to section 135C.33 necessary to
3conduct background checks requested under subsection 1.
4 Sec. 1282. Section 633.641, subsection 4, Code 2023, is
5amended to read as follows:
64. The conservator shall report to the department of health
7and human services the protected person’s assets and income,
8if the protected person is receiving medical assistance under
9chapter 249A. Such reports shall be made upon establishment of
10a conservatorship for an individual applying for or receiving
11medical assistance, upon application for benefits on behalf
12of the protected person, upon annual or semiannual review of
13continued medical assistance eligibility, when any significant
14change in the protected person’s assets or income occurs, or
15as otherwise requested by the department of health and human
16services. Written reports shall be provided to the department
17of health and human services office for the county in which the
18protected person resides or the office in which the protected
19person’s medical assistance is administered.
20 Sec. 1283. Section 633B.120, subsection 2, paragraph f,
21Code 2023, is amended to read as follows:
22f. The person makes, or has actual knowledge that another
23person has made, a report to the department of health and human
24services stating a good-faith belief that the principal may be
25subject to physical or financial abuse, neglect, exploitation,
26or abandonment by the agent or a person acting for or with the
27agent.
28 Sec. 1284. Section 633C.1, Code 2023, is amended to read as
29follows:
30633C.1 Definitions.
31For purposes of this chapter, unless the context otherwise
32requires:
331. “Available monthly income” means in reference to a
34medical assistance income trust beneficiary, any income
35received directly by the beneficiary, not from the trust,
-855-1that counts as income in determining eligibility for medical
2assistance and any amounts paid to or otherwise made available
3to the beneficiary by the trustee pursuant to section 633C.3,
4subsection 1, paragraph “b”, or section 633C.3, subsection 2,
5paragraph “b”.
62. “Beneficiary” means the original beneficiary of a medical
7assistance special needs trust or medical assistance income
8trust, whose assets funded the trust.
93. “Department” means the department of health and human
10services.
113. 4. “Institutionalized individual” means an individual
12receiving nursing facility services, a level of care in any
13institution equivalent to nursing facility services, or home
14and community-based services under the medical assistance home
15and community-based services waiver program.
164. 5. “Maximum monthly medical assistance payment rate for
17services in an intermediate care facility for persons with an
18intellectual disability” means the allowable rate established by
19the department of human services and as published in the Iowa
20administrative bulletin.
215. 6. “Medical assistance” means medical assistance as
22defined in section 249A.2.
236. 7. “Medical assistance income trust” means a trust or
24similar legal instrument or device that meets the criteria of
2542 U.S.C. §1396p(d)(4)(B)(i)-(ii).
267. 8. “Medical assistance special needs trust” means a trust
27or similar legal instrument or device that meets the criteria
28of 42 U.S.C. §1396p(d)(4)(A) or (C).
298. 9. “Statewide average charge for state mental health
30institute care” means the statewide average charge for such
31care as calculated by the department of human services and as
32published in the Iowa administrative bulletin.
339. 10. “Statewide average charge for nursing facility
34services” means the statewide average charge for such care,
35excluding charges by Medicare-certified, skilled nursing
-856-1facilities, as calculated by the department of human services
2 and as published in the Iowa administrative bulletin.
310. 11. “Statewide average charge to private-pay patients
4for psychiatric medical institutions for children care” means
5the statewide average charge for such care as calculated by
6the department of human services and as published in the Iowa
7administrative bulletin.
811. 12. “Total monthly income” means in reference to a
9medical assistance income trust beneficiary, income received
10directly by the beneficiary, not from the trust, that counts
11as income in determining eligibility for medical assistance,
12income of the beneficiary received by the trust that would
13otherwise count as income in determining the beneficiary’s
14eligibility for medical assistance, and income or earnings of
15the trust received by the trust.
16 Sec. 1285. Section 633C.5, Code 2023, is amended to read as
17follows:
18633C.5 Cooperation.
191. The department of human services shall cooperate with
20the trustee of a medical assistance special needs trust or a
21medical assistance income trust in determining the appropriate
22disposition of the trust under sections 633C.2 and 633C.3.
232. The trustee of a medical assistance special needs trust
24or medical assistance income trust shall cooperate with the
25department of human services in supplying information regarding
26a trust established under this chapter.
27 Sec. 1286. Section 642.2, subsection 4, Code 2023, is
28amended to read as follows:
294. Notwithstanding subsections 2, 3, 6, and 7, any moneys
30owed to the child support obligor by the state, with the
31exception of unclaimed property held by the treasurer of
32state pursuant to chapter 556, and payments owed to the child
33support obligor through the Iowa public employees’ retirement
34system are subject to garnishment, attachment, execution, or
35assignment by the child support recovery unit services if the
-857-1 child support recovery unit services is providing enforcement
2services pursuant to chapter 252B. Any moneys that are
3determined payable by the treasurer pursuant to section 556.20,
4subsection 2, to the child support obligor shall be subject
5to setoff pursuant to section 8A.504, notwithstanding any
6administrative rule pertaining to the child support recovery
7unit services limiting the amount of the offset.
8 Sec. 1287. Section 669.2, subsection 4, paragraph a, Code
92023, is amended to read as follows:
10a. “Employee of the state” includes any one or more
11officers, agents, or employees of the state or any state
12agency, including members of the general assembly, and persons
13acting on behalf of the state or any state agency in any
14official capacity, temporarily or permanently in the service of
15the state of Iowa, whether with or without compensation, but
16does not include a contractor doing business with the state.
17Professional personnel, including physicians, osteopathic
18physicians and surgeons, osteopathic physicians, optometrists,
19dentists, nurses, physician assistants, and other medical
20personnel, who render services to patients or inmates of state
21institutions under the jurisdiction of the department of health
22and human services or the Iowa department of corrections,
23and employees of the department of veterans affairs, are to
24be considered employees of the state, whether the personnel
25are employed on a full-time basis or render services on
26a part-time basis on a fee schedule or other arrangement.
27Criminal defendants while performing unpaid community service
28ordered by the district court, board of parole, or judicial
29district department of correctional services, or an inmate
30providing services pursuant to a chapter 28E agreement entered
31into pursuant to section 904.703, and persons supervising
32those inmates under and according to the terms of the chapter
3328E agreement, are to be considered employees of the state.
34Members of the Iowa national guard performing duties in
35a requesting state pursuant to section 29C.21 are to be
-858-1considered employees of the state solely for the purpose of
2claims arising out of those duties in the event that the
3requesting state’s tort claims coverage does not extend to
4such members of the Iowa national guard or is less than that
5provided under Iowa law.
6 Sec. 1288. Section 674.3, Code 2023, is amended to read as
7follows:
8674.3 Petition copy.
9A copy of the petition shall be filed by the clerk of court
10with the division for records and state registrar of vital
11 statistics of the Iowa department of public health and human
12services.
13 Sec. 1289. Section 674.7, Code 2023, is amended to read as
14follows:
15674.7 Copy to Iowa department of public health and human
16services.
17When the court grants a decree of change of name, the clerk
18of the court shall furnish the petitioner with a certified copy
19of the decree and mail an abstract of a decree requiring a name
20change to be reflected on a birth certificate to the state
21registrar of vital statistics of the Iowa department of public
22 health and human services on a form provided by the state
23registrar.
24 Sec. 1290. Section 686D.2, subsection 11, paragraph e, Code
252023, is amended to read as follows:
26e. Any state agency, including the department of public
27 health and human services.
28 Sec. 1291. Section 691.5, Code 2023, is amended to read as
29follows:
30691.5 State medical examiner.
31The office and position of state medical examiner is
32established for administrative purposes within the Iowa
33 department of public health and human services. Other state
34agencies shall cooperate with the state medical examiner in
35the use of state-owned facilities when appropriate for the
-859-1performance of nonadministrative duties of the state medical
2examiner. The state medical examiner shall be a physician
3and surgeon or osteopathic physician and surgeon, be licensed
4to practice medicine in the state of Iowa, and be board
5certified or eligible to be board certified in anatomic and
6forensic pathology by the American board of pathology. The
7state medical examiner shall be appointed by and serve at the
8pleasure of the director of public health and human services
9 upon the advice of and in consultation with the director of
10public safety and the governor. The state medical examiner,
11in consultation with the director of public health and human
12services, shall be responsible for developing and administering
13the medical examiner’s budget and for employment of medical
14examiner staff and assistants. The state medical examiner
15may be a faculty member of the university of Iowa college of
16medicine or the college of law at the university of Iowa, and
17any of the examiner’s assistants or staff may be members of the
18faculty or staff of the university of Iowa college of medicine
19or the college of law at the university of Iowa.
20 Sec. 1292. Section 691.6, subsection 3, Code 2023, is
21amended to read as follows:
223. To adopt rules pursuant to chapter 17A and subject to the
23approval of the director of public health and human services.
24 Sec. 1293. Section 691.6, subsection 10, Code 2023, is
25amended by striking the subsection.
26 Sec. 1294. Section 691.6A, Code 2023, is amended to read as
27follows:
28691.6A Deputy state medical examiner — creation and duties.
29The position of deputy state medical examiner is created
30within the office of the state medical examiner. The deputy
31state medical examiner shall report to and be responsible to
32the state medical examiner. The deputy state medical examiner
33shall meet the qualification criteria established in section
34691.5 for the state medical examiner and shall be subject to
35rules adopted by the state medical examiner as provided in
-860-1section 691.6, subsection 3. The state medical examiner and
2the deputy state medical examiner shall function as a team,
3providing peer review as necessary, fulfilling each other’s job
4responsibilities during times of absence, and working jointly
5to provide services and education to county medical examiners,
6law enforcement officials, hospital pathologists, and other
7individuals and entities. The deputy medical examiner may
8be, but is not required to be, a full-time salaried faculty
9member of the department of pathology of the university of Iowa
10college of medicine. If the medical examiner is a full-time
11salaried faculty member of the department of pathology of the
12university of Iowa college of medicine, the Iowa department
13of public health and human services and the state board of
14regents shall enter into a chapter 28E agreement to define the
15activities and functions of the deputy medical examiner, and
16to allocate deputy medical examiner costs, consistent with the
17requirements of this section.
18 Sec. 1295. Section 691.6B, subsection 1, paragraph b, Code
192023, is amended to read as follows:
20b. Advise the state medical examiner concerning the
21assurance of effective coordination of the functions and
22operations of the office of the state medical examiner with the
23needs and interests of the departments of public safety and
24public health and human services.
25 Sec. 1296. Section 691.6B, subsection 2, paragraph c, Code
262023, is amended to read as follows:
27c. The director of public health and human services or the
28director’s designee.
29 Sec. 1297. Section 691.7, Code 2023, is amended to read as
30follows:
31691.7 Commissioner to accept federal or private grants.
32The commissioner of public safety may accept federal
33or private funds or grants to aid in the establishment or
34operation of the state criminalistics laboratory, and the
35director of public health and human services or the state board
-861-1of regents may accept federal or private funds or grants to
2aid in the establishment or operation of the position of state
3medical examiner.
4 Sec. 1298. Section 692.15, subsection 1, Code 2023, is
5amended to read as follows:
61. If it comes to the attention of a sheriff, police
7department, or other law enforcement agency that a public
8offense or delinquent act has been committed in its
9jurisdiction, the law enforcement agency shall report
10information concerning the public offense or delinquent act to
11the department on a form to be furnished by the department not
12more than thirty-five days from the time the public offense
13or delinquent act first comes to the attention of the law
14enforcement agency. The reports shall be used to generate
15crime statistics. The department shall submit statistics to
16the governor, the general assembly, and the division of subunit
17of the department of health and human services responsible for
18 criminal and juvenile justice planning of the department of
19human rights on a quarterly and yearly basis.
20 Sec. 1299. Section 707.6A, subsection 1D, Code 2023, is
21amended to read as follows:
221D. Where the program is available and appropriate for
23the defendant, the court shall also order the defendant to
24participate in a reality education substance abuse use disorder
25 prevention program as provided in section 321J.24.
26 Sec. 1300. Section 708.3A, subsections 1, 2, 3, and 4, Code
272023, are amended to read as follows:
281. A person who commits an assault, as defined in section
29708.1, against a peace officer, jailer, correctional staff,
30member or employee of the board of parole, health care
31provider, employee of the department of health and human
32services, employee of the department of revenue, national
33guard member engaged in national guard duty or state active
34duty, civilian employee of a law enforcement agency, civilian
35employee of a fire department, or fire fighter, whether paid
-862-1or volunteer, with the knowledge that the person against
2whom the assault is committed is a peace officer, jailer,
3correctional staff, member or employee of the board of parole,
4health care provider, employee of the department of health and
5 human services, employee of the department of revenue, national
6guard member engaged in national guard duty or state active
7duty, civilian employee of a law enforcement agency, civilian
8employee of a fire department, or fire fighter and with the
9intent to inflict a serious injury upon the peace officer,
10jailer, correctional staff, member or employee of the board
11of parole, health care provider, employee of the department
12of health and human services, employee of the department of
13revenue, national guard member engaged in national guard duty
14or state active duty, civilian employee of a law enforcement
15agency, civilian employee of a fire department, or fire
16fighter, is guilty of a class “D” felony.
172. A person who commits an assault, as defined in section
18708.1, against a peace officer, jailer, correctional staff,
19member or employee of the board of parole, health care
20provider, employee of the department of health and human
21services, employee of the department of revenue, national
22guard member engaged in national guard duty or state active
23duty, civilian employee of a law enforcement agency, civilian
24employee of a fire department, or fire fighter, whether paid
25or volunteer, who knows that the person against whom the
26assault is committed is a peace officer, jailer, correctional
27staff, member or employee of the board of parole, health care
28provider, employee of the department of health and human
29services, employee of the department of revenue, national
30guard member engaged in national guard duty or state active
31duty, civilian employee of a law enforcement agency, civilian
32employee of a fire department, or fire fighter and who uses or
33displays a dangerous weapon in connection with the assault, is
34guilty of a class “D” felony.
353. A person who commits an assault, as defined in section
-863-1708.1, against a peace officer, jailer, correctional staff,
2member or employee of the board of parole, health care
3provider, employee of the department of health and human
4services, employee of the department of revenue, national
5guard member engaged in national guard duty or state active
6duty, civilian employee of a law enforcement agency, civilian
7employee of a fire department, or fire fighter, whether paid
8or volunteer, who knows that the person against whom the
9assault is committed is a peace officer, jailer, correctional
10staff, member or employee of the board of parole, health care
11provider, employee of the department of health and human
12services, employee of the department of revenue, national
13guard member engaged in national guard duty or state active
14duty, civilian employee of a law enforcement agency, civilian
15employee of a fire department, or fire fighter, and who causes
16bodily injury or mental illness, is guilty of an aggravated
17misdemeanor.
184. Any other assault, as defined in section 708.1, committed
19against a peace officer, jailer, correctional staff, member
20or employee of the board of parole, health care provider,
21employee of the department of health and human services,
22employee of the department of revenue, national guard member
23engaged in national guard duty or state active duty, civilian
24employee of a law enforcement agency, civilian employee of a
25fire department, or fire fighter, whether paid or volunteer,
26by a person who knows that the person against whom the assault
27is committed is a peace officer, jailer, correctional staff,
28member or employee of the board of parole, health care
29provider, employee of the department of health and human
30services, employee of the department of revenue, national
31guard member engaged in national guard duty or state active
32duty, civilian employee of a law enforcement agency, civilian
33employee of a fire department, or fire fighter, is a serious
34misdemeanor.
35 Sec. 1301. Section 708.3A, subsection 5, paragraph b, Code
-864-12023, is amended to read as follows:
2b. “Employee of the department of health and human services”
3means a person who is an employee of an institution controlled
4by the director of health and human services that is listed in
5section 218.1, or who is an employee of the civil commitment
6unit for sex offenders operated by the department of health and
7 human services. A person who commits an assault under this
8section against an employee of the department of health and
9 human services at a department of health and human services
10institution or unit is presumed to know that the person against
11whom the assault is committed is an employee of the department
12of health and human services.
13 Sec. 1302. Section 709.16, subsection 2, paragraph b,
14subparagraphs (2) and (5), Code 2023, are amended to read as
15follows:
16(2) Institutions controlled by the department of health and
17 human services listed in section 218.1.
18(5) Facilities for the treatment of persons with
19substance-related disorders a substance use disorder as defined
20in section 125.2.
21 Sec. 1303. Section 710.8, subsection 3, Code 2023, is
22amended to read as follows:
233. A person shall not harbor a runaway child with the intent
24of allowing the runaway child to remain away from home against
25the wishes of the child’s parent, guardian, or custodian.
26However, the provisions of this subsection do not apply to
27a shelter care home which is licensed or approved by the
28department of health and human services.
29 Sec. 1304. Section 714G.8, subsection 5, Code 2023, is
30amended to read as follows:
315. The department of health and human services or its agents
32or assignees acting to investigate fraud under the medical
33assistance program.
34 Sec. 1305. Section 715A.11, subsection 5, Code 2023, is
35amended to read as follows:
-865- 15. A person who violates this section is guilty of a simple
2misdemeanor for a first offense and a serious misdemeanor for
3each subsequent offense. The court may require a substance
4abuse use disorder evaluation and treatment through a program
5licensed by the Iowa department of public health and human
6services in lieu of or in addition to other penalties. Any
7substance abuse use disorder evaluation required under this
8subsection shall be completed at the expense of the defendant.
9 Sec. 1306. Section 724.31, subsection 2, Code 2023, is
10amended to read as follows:
112. A person who is subject to the disabilities imposed
12by 18 U.S.C. §922(d)(4) and (g)(4) because of an order or
13judgment that occurred under the laws of this state may
14petition the court that issued the order or judgment or the
15court in the county where the person resides for relief from
16the disabilities imposed under 18 U.S.C. §922(d)(4) and (g)(4).
17A copy of the petition shall also be served on the director of
18health and human services and the county attorney at the county
19attorney’s office of the county in which the original order
20occurred, and the director or the county attorney may appear,
21support, object to, and present evidence relevant to the relief
22sought by the petitioner.
23 Sec. 1307. Section 725.1, subsection 1, paragraph b, Code
242023, is amended to read as follows:
25b. If the person who sells or offers for sale the person’s
26services as a partner in a sex act is under the age of eighteen,
27the county attorney may elect, in lieu of filing a petition
28alleging that the person has committed a delinquent act,
29to refer that person to the department of health and human
30services for the possible filing of a petition alleging that
31the person is a child in need of assistance.
32 Sec. 1308. Section 730.5, subsection 1, paragraph g, Code
332023, is amended to read as follows:
34g. “Medical review officer” means a licensed physician,
35osteopathic physician, chiropractor, nurse practitioner, or
-866-1physician assistant authorized to practice in any state of the
2United States, who is responsible for receiving laboratory
3results generated by an employer’s drug or alcohol testing
4program, and who has knowledge of substance abuse use disorders
5and has appropriate medical training to interpret and evaluate
6an individual’s confirmed positive test result together
7with the individual’s medical history and any other relevant
8biomedical information.
9 Sec. 1309. Section 730.5, subsection 3, Code 2023, is
10amended to read as follows:
113. Testing optional. This section does not require or
12create a legal duty on an employer to conduct drug or alcohol
13testing and the requirements of this section shall not be
14construed to encourage, discourage, restrict, limit, prohibit,
15or require such testing. In addition, an employer may
16implement and require drug or alcohol testing at some but not
17all of the work sites of the employer and the requirements of
18this section shall only apply to the employer and employees who
19are at the work sites where drug or alcohol testing pursuant to
20this section has been implemented. A cause of action shall not
21arise in favor of any person against an employer or agent of an
22employer based on the failure of the employer to establish a
23program or policy on substance abuse use disorder prevention
24or to implement any component of testing as permitted by this
25section.
26 Sec. 1310. Section 730.5, subsection 7, paragraph f, Code
272023, is amended to read as follows:
28f. All confirmatory drug testing shall be conducted at a
29laboratory certified by the United States department of health
30and human services’ substance abuse and mental health services
31administration or approved under rules adopted by the Iowa
32 department of public health and human services.
33 Sec. 1311. Section 730.5, subsection 9, paragraph c,
34subparagraph (2), Code 2023, is amended to read as follows:
35(2) If an employer does not have an employee assistance
-867-1program, the employer must maintain a resource file of alcohol
2and other drug abuse substance use disorder programs certified
3by the Iowa department of public health and human services,
4mental health providers, and other persons, entities, or
5organizations available to assist employees with personal or
6behavioral problems. The employer shall provide all employees
7information about the existence of the resource file and a
8summary of the information contained within the resource file.
9The summary should contain, but need not be limited to, all
10information necessary to access the services listed in the
11resource file.
12 Sec. 1312. Section 730.5, subsection 9, paragraph g,
13subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
14to read as follows:
15Upon receipt of a confirmed positive alcohol test
16which indicates an alcohol concentration greater than the
17concentration level established by the employer pursuant to
18this section, and if the employer has at least fifty employees,
19and if the employee has been employed by the employer for
20at least twelve of the preceding eighteen months, and if
21rehabilitation is agreed upon by the employee, and if the
22employee has not previously violated the employer’s substance
23abuse use disorder prevention policy pursuant to this section,
24the written policy shall provide for the rehabilitation of the
25employee pursuant to subsection 10, paragraph “a”, subparagraph
26(1), and the apportionment of the costs of rehabilitation as
27provided by this paragraph “g”.
28 Sec. 1313. Section 730.5, subsection 9, paragraph h, Code
292023, is amended to read as follows:
30h. In order to conduct drug or alcohol testing under this
31section, an employer shall require supervisory personnel of
32the employer involved with drug or alcohol testing under this
33section to attend a minimum of two hours of initial training
34and to attend, on an annual basis thereafter, a minimum of one
35hour of subsequent training. The training shall include, but
-868-1is not limited to, information concerning the recognition of
2evidence of employee alcohol and other drug abuse substance
3use disorder, the documentation and corroboration of employee
4alcohol and other drug abuse substance use disorder, and the
5referral of employees who abuse alcohol or other drugs with a
6substance use disorder to the employee assistance program or
7to the resource file maintained by the employer pursuant to
8paragraph “c”, subparagraph (2).
9 Sec. 1314. Section 730.5, subsection 11, paragraph d, Code
102023, is amended to read as follows:
11d. Termination or suspension of any substance abuse use
12disorder prevention or testing program or policy.
13 Sec. 1315. Section 730.5, subsection 12, paragraph b,
14subparagraph (1), Code 2023, is amended to read as follows:
15(1) The employer discloses the test results to a person
16other than the employer, an authorized employee, agent, or
17representative of the employer, the tested employee or the
18tested applicant for employment, an authorized substance abuse
19 use disorder treatment program or employee assistance program,
20or an authorized agent or representative of the tested employee
21or applicant.
22 Sec. 1316. Section 730.5, subsection 13, paragraph d,
23subparagraph (1), subparagraph division (e), Code 2023, is
24amended to read as follows:
25(e) To a substance abuse use disorder evaluation or
26treatment facility or professional for the purpose of
27evaluation or treatment of the employee.
28 Sec. 1317. Section 730.5, subsection 16, Code 2023, is
29amended to read as follows:
3016. Reports. A laboratory doing business for an employer
31who conducts drug or alcohol tests pursuant to this section
32shall file an annual report with the Iowa department of public
33 health and human services by March 1 of each year concerning
34the number of drug or alcohol tests conducted on employees who
35work in this state pursuant to this section, and the number
-869-1of positive and negative results of the tests, during the
2previous calendar year. In addition, the laboratory shall
3include in its annual report the specific basis for each test
4as authorized in subsection 8, the type of drug or drugs which
5were found in the positive drug tests, and all significant
6available demographic factors relating to the positive test
7pool.
8 Sec. 1318. Section 804.31, subsection 1, Code 2023, is
9amended to read as follows:
101. When a person is detained for questioning or arrested
11for an alleged violation of a law or ordinance and there is
12reason to believe that the person is deaf or hard-of-hearing,
13the peace officer making the arrest or taking the person
14into custody or any other officer detaining the person shall
15determine if the person is a deaf or hard-of-hearing person as
16defined in section 622B.1. If the officer so determines, the
17officer, at the earliest possible time and prior to commencing
18any custodial interrogation of the person, shall procure a
19qualified interpreter in accordance with section 622B.2 and the
20rules adopted by the supreme court under section 622B.1 unless
21the deaf or hard-of-hearing person knowingly, voluntarily,
22and intelligently waives the right to an interpreter in
23writing by executing a form prescribed by the department of
24health and human rights services and the Iowa county attorneys
25association. The interpreter shall interpret the officer’s
26warnings of constitutional rights and protections and all other
27warnings, statements, and questions spoken or written by any
28officer, attorney, or other person present and all statements
29and questions communicated in sign language by the deaf or
30hard-of-hearing person.
31 Sec. 1319. Section 811.2, subsection 1, paragraph b, Code
322023, is amended to read as follows:
33b. Any bailable defendant who is charged with unlawful
34possession, manufacture, delivery, or distribution of a
35controlled substance or other drug under chapter 124 and is
-870-1ordered released shall be required, as a condition of that
2release, to submit to a substance abuse use disorder evaluation
3and follow any recommendations proposed in the evaluation for
4appropriate substance abuse use disorder treatment. However,
5if a bailable defendant is charged with manufacture, delivery,
6possession with the intent to manufacture or deliver, or
7distribution of methamphetamine, its salts, optical isomers,
8and salts of its optical isomers, the defendant shall, in
9addition to a substance abuse use disorder evaluation, remain
10under supervision and be required to undergo random drug tests
11as a condition of release.
12 Sec. 1320. Section 812.6, subsection 2, paragraph b, Code
132023, is amended to read as follows:
14b. A defendant who does not pose a danger to the public
15peace or safety, but is otherwise being held in custody, or
16who refuses to cooperate with treatment, shall be committed to
17the custody of the director of health and human services at a
18department of health and human services facility for treatment
19designed to restore the defendant to competency. The costs of
20the treatment pursuant to this paragraph shall be borne by the
21department of health and human services.
22 Sec. 1321. Section 901.3, subsection 1, paragraph h, Code
232023, is amended to read as follows:
24h. Whether the defendant has a history of mental health
25issues or a substance abuse problems use disorder. If so, the
26investigator shall inquire into the treatment options available
27in both the community of the defendant and the correctional
28system.
29 Sec. 1322. Section 901.3, subsection 2, Code 2023, is
30amended to read as follows:
312. All local and state mental and correctional
32institutions, courts, and police agencies shall furnish to the
33investigator on request the defendant’s criminal record and
34other relevant information. The originating source of specific
35mental health or substance abuse use disorder information
-871-1including the histories, treatment, and use of medications
2shall not be released to the presentence investigator unless
3the defendant authorizes the release of such information.
4If the defendant refuses to release the information, the
5presentence investigator may note the defendant’s refusal
6to release mental health or substance abuse use disorder
7 information in the presentence investigation report and rely
8upon other mental health or substance abuse use disorder
9 information available to the presentence investigator.
10With the approval of the court, a physical examination or
11psychiatric evaluation of the defendant may be ordered, or
12the defendant may be committed to an inpatient or outpatient
13psychiatric facility for an evaluation of the defendant’s
14personality and mental health. The results of any such
15examination or evaluation shall be included in the report of
16the investigator.
17 Sec. 1323. Section 901.4, Code 2023, is amended to read as
18follows:
19901.4 Presentence investigation report confidential —
20access.
21The presentence investigation report is confidential and the
22court shall provide safeguards to ensure its confidentiality,
23including but not limited to sealing the report, which may
24be opened only by further court order. The defendant’s
25attorney and the attorney for the state shall have access to
26the presentence investigation report at least three days prior
27to the date set for sentencing. The defendant’s appellate
28attorney and the appellate attorney for the state shall have
29access to the presentence investigation report upon request
30and without the necessity of a court order. The report shall
31remain confidential except upon court order. However, the
32court may conceal the identity of the person who provided
33confidential information. The report of a medical examination
34or psychological or psychiatric evaluation shall be made
35available to the attorney for the state and to the defendant
-872-1upon request. The reports are part of the record but shall
2be sealed and opened only on order of the court. If the
3defendant is committed to the custody of the Iowa department
4of corrections and is not a class “A” felon, an employee
5of the department, if authorized by the director of the
6department, an employee of a judicial district department
7of correctional services, if authorized by the director of
8the judicial district department of correctional services,
9and an employee of the board of parole, if authorized by the
10chairperson or a member of the board of parole, shall have
11access to the presentence investigation report. Pursuant to
12section 904.602, the presentence investigation report may also
13be released by ordinary or electronic mail by the department of
14corrections or a judicial district department of correctional
15services to another jurisdiction for the purpose of providing
16interstate probation and parole compact or interstate compact
17for adult offender supervision services or evaluations, or
18to a substance abuse use disorder or mental health services
19provider when referring a defendant for services. The
20defendant or the defendant’s attorney may file with the
21presentence investigation report, a denial or refutation of the
22allegations, or both, contained in the report. The denial or
23refutation shall be included in the report.
24 Sec. 1324. Section 901.4A, Code 2023, is amended to read as
25follows:
26901.4A Substance abuse use disorder evaluation.
27Upon a plea of guilty, a verdict of guilty, or a special
28verdict upon which a judgment of conviction may be rendered,
29the court may order the defendant to submit to and complete
30a substance abuse use disorder evaluation, if the court
31determines that there is reason to believe that the defendant
32regularly abuses uses alcohol or other controlled substances
33and may be in need of treatment. An order made pursuant to this
34section may be made in addition to any other sentence or order
35of the court.
-873-1 Sec. 1325. Section 901.5, subsection 8, Code 2023, is
2amended to read as follows:
38. The court may order the defendant to complete any
4treatment indicated by a substance abuse use disorder
5 evaluation ordered pursuant to section 901.4A or any other
6section.
7 Sec. 1326. Section 901B.1, subsection 1, paragraph c,
8subparagraph (5), Code 2023, is amended to read as follows:
9(5) A substance abuse use disorder treatment facility
10as established and operated by the Iowa department of public
11 health and human services or the department of corrections.
12 Sec. 1327. Section 901B.1, subsection 3, paragraph c, Code
132023, is amended to read as follows:
14c. A copy of the program and plan shall be filed with
15the chief judge of the judicial district, the department of
16corrections, and the division of subunit of the department of
17health and human services responsible for criminal and juvenile
18justice planning of the department of human rights.
19 Sec. 1328. Section 904.108, subsection 1, paragraph d, Code
202023, is amended to read as follows:
21d. Establish and maintain acceptable standards of treatment,
22training, education, and rehabilitation in the various
23state penal and corrective institutions which shall include
24habilitative services and treatment for offenders with an
25intellectual disability. For the purposes of this paragraph,
26“habilitative services and treatment” means medical, mental
27health, social, educational, counseling, and other services
28which will assist a person with an intellectual disability
29to become self-reliant. However, the director may also
30provide rehabilitative treatment and services to other persons
31who require the services. The director shall identify all
32individuals entering the correctional system who are persons
33with an intellectual disability, as defined in section 4.1.
34Identification shall be made by a qualified professional in the
35area of intellectual disability. In assigning an offender with
-874-1an intellectual disability, or an offender with an inadequately
2developed intelligence or with impaired mental abilities, to
3a correctional facility, the director shall consider both
4the program needs and the security needs of the offender.
5The director shall consult with the department of health
6and human services in providing habilitative services and
7treatment to offenders with mental illness or an intellectual
8disability. The director may enter into agreements with the
9department of health and human services to utilize mental
10health institutions and share staff and resources for purposes
11of providing habilitative services and treatment, as well as
12providing other special needs programming. Any agreement to
13utilize mental health institutions and to share staff and
14resources shall provide that the costs of the habilitative
15services and treatment shall be paid from state funds. Not
16later than twenty days prior to entering into any agreement
17to utilize mental health institution staff and resources,
18other than the use of a building or facility, for purposes of
19providing habilitative services and treatment, as well as other
20special needs programming, the directors of the departments of
21corrections and health and human services shall each notify the
22chairpersons and ranking members of the joint appropriations
23subcommittees that last handled the appropriation for their
24respective departments of the pending agreement. Use of a
25building or facility shall require approval of the general
26assembly if the general assembly is in session or, if the
27general assembly is not in session, the legislative council
28may grant temporary authority, which shall be subject to final
29approval of the general assembly during the next succeeding
30legislative session.
31 Sec. 1329. Section 904.108, subsection 5, Code 2023, is
32amended to read as follows:
335. The director may obtain assistance for the department
34for construction, facility planning, and project accomplishment
35with the department of administrative services and by
-875-1contracting under chapter 28E for data processing with the
2department of health and human services or the department of
3administrative services.
4 Sec. 1330. Section 904.201, subsection 3, paragraph a,
5subparagraph (1), Code 2023, is amended to read as follows:
6(1) Residents transferred from an institution under the
7jurisdiction of the department of health and human services or
8the Iowa department of corrections.
9 Sec. 1331. Section 904.302, unnumbered paragraph 1, Code
102023, is amended to read as follows:
11The director may appoint a farm operations administrator
12for institutions under the control of the departments of
13corrections and health and human services. If appointed, the
14farm operations administrator, subject to the direction of the
15director shall do all of the following:
16 Sec. 1332. Section 904.302, subsections 1, 3, and 8, Code
172023, are amended to read as follows:
181. Manage and supervise all farming and nursery operations
19at institutions, farms and gardens of the departments of
20corrections and health and human services.
213. Develop an annual operations plan for crop and
22livestock production and utilization that will provide work
23experience and contribute to developing vocational skills of
24the institutions’ inmates and residents. The department of
25health and human services must approve the parts of the plan
26that affect farm operations on property of institutions having
27programs of the department of health and human services.
288. Pay property taxes levied against land leased by the
29department of corrections or department of health and human
30services as provided in section 427.1, subsection 1.
31 Sec. 1333. Section 904.503, Code 2023, is amended to read
32as follows:
33904.503 Transfers — persons with mental illness.
341. a. The director may transfer at the expense of the
35department an inmate of one institution to another institution
-876-1under the director’s control if the director is satisfied that
2the transfer is in the best interests of the institutions or
3inmates.
4b. The director may transfer at the expense of the
5department an inmate under the director’s jurisdiction from any
6institution supervised by the director to another institution
7under the control of an administrator of a division of the
8department director of health and human services with the
9consent and approval of the administrator director of health
10and human services and may transfer an inmate to any other
11institution for mental or physical examination or treatment
12retaining jurisdiction over the inmate when so transferred.
13c. If the juvenile court waives its jurisdiction over a
14child over thirteen and under eighteen years of age pursuant
15to section 232.45 so that the child may be prosecuted as an
16adult and if the child is convicted of a public offense in the
17district court and committed to the custody of the director
18under section 901.7, the director may request transfer of the
19child to the state training school under this section. If
20the administrator of a division of the department director of
21health and human services consents and approves the transfer,
22the child may be retained in temporary custody by the state
23training school until attaining the age of eighteen, at which
24time the child shall be returned to the custody of the director
25of the department of corrections to serve the remainder of
26the sentence imposed by the district court. If the child
27becomes a security risk or becomes a danger to other residents
28of the state training school at any time before reaching
29eighteen years of age, the administrator of the division of
30the department director of health and human services may
31immediately return the child to the custody of the director of
32the department of corrections to serve the remainder of the
33sentence.
342. When the director has cause to believe that an inmate
35in a state correctional institution is mentally ill, the
-877-1Iowa department of corrections may cause the inmate to be
2transferred to the Iowa medical and classification center,
3or to another appropriate facility within the department,
4for examination, diagnosis, or treatment. The inmate shall
5be confined at that center or facility or a state hospital
6for persons with mental illness health institute until the
7expiration of the inmate’s sentence or until the inmate
8is pronounced in good mental health. If the inmate is
9pronounced in good mental health before the expiration of the
10inmate’s sentence, the inmate shall be returned to the state
11correctional institution until the expiration of the inmate’s
12sentence.
133. When the director has reason to believe that a prisoner
14in a state correctional institution, whose sentence has
15expired, is mentally ill, the director shall cause examination
16to be made of the prisoner by competent physicians who shall
17certify to the director whether the prisoner is in good
18mental health or mentally ill. The director may make further
19investigation and if satisfied that the prisoner is mentally
20ill, the director may cause the prisoner to be transferred
21to one of the hospitals for persons with mental illness, or
22may order the prisoner to be confined in the Iowa medical and
23classification center.
24 Sec. 1334. Section 904.513, subsection 1, paragraph b,
25subparagraphs (2) and (3), Code 2023, are amended to read as
26follows:
27(2) Offenders convicted of violating chapter 321J,
28sentenced to the custody of the director, and awaiting
29placement in a community residential substance abuse use
30disorder treatment program for such offenders shall be placed
31in an institutional substance abuse use disorder program
32for such offenders within sixty days of admission to the
33institution or as soon as practical. When placing offenders
34convicted of violating chapter 321J in community residential
35substance abuse use disorder treatment programs for such
-878-1offenders, the department shall give priority as appropriate
2to the placement of those offenders currently in institutional
3substance abuse use disorder programs for such offenders. The
4department shall work with each judicial district to enable
5such offenders to enter community residential substance abuse
6 use disorder treatment programs at a level comparable to their
7prior institutional program participation.
8(3) Assignment shall be for the purposes of risk
9management and substance abuse use disorder treatment and may
10include education or work programs when the offender is not
11participating in other program components.
12 Sec. 1335. Section 904.513, subsection 3, Code 2023, is
13amended to read as follows:
143. The department shall adopt rules for the implementation
15of this section. The rules shall include the requirement
16that the treatment programs established pursuant to this
17chapter meet the licensure standards of the department of
18public health and human services under chapter 125. The rules
19shall also include provisions for the funding of the program
20by means of self-contribution by the offenders, insurance
21reimbursement on behalf of offenders, or other forms of
22funding, program structure, criteria for the evaluation of
23offenders and programs, and all other issues the director shall
24deem appropriate.
25 Sec. 1336. Section 904.514, subsection 1, Code 2023, is
26amended to read as follows:
271. A person committed to an institution under the control of
28the department who bites another person, who causes an exchange
29of bodily fluids with another person, or who causes any bodily
30secretion to be cast upon another person, shall submit to the
31withdrawal of a bodily specimen for testing to determine if the
32person is infected with a contagious infectious disease. The
33bodily specimen to be taken shall be determined by the staff
34physician of the institution. The specimen taken shall be
35sent to the state hygienic laboratory at the state university
-879-1at Iowa City or some other laboratory approved by the Iowa
2 department of public health and human services. If a person
3to be tested pursuant to this section refuses to submit to the
4withdrawal of a bodily specimen, application may be made by the
5superintendent of the institution to the district court for an
6order compelling the person to submit to the withdrawal and,
7if infected, to available treatment. An order authorizing the
8withdrawal of a specimen for testing may be issued only by a
9district judge or district associate judge upon application by
10the superintendent of the institution.
11 Sec. 1337. Section 904.706, subsections 3, 4, and 5, Code
122023, are amended to read as follows:
133. As used in this section, “department” means the Iowa
14 department of corrections and the Iowa department of health and
15 human services.
164. The farm operations administrator appointed under
17section 904.302 shall perform the functions described under
18section 904.302 for agricultural operations on property of the
19Iowa department of health and human services.
205. The Iowa department of health and human services shall
21enter into an agreement under chapter 28D with the Iowa
22department of corrections to implement this section.
23 Sec. 1338. Section 904.809, subsection 5, paragraph c,
24subparagraph (1), Code 2023, is amended to read as follows:
25(1) An amount which the inmate may be legally obligated to
26pay for the support of the inmate’s dependents, which shall
27be paid through the department of health and human services
28collection services center, and which shall include an amount
29for delinquent child support not to exceed fifty percent of net
30earnings.
31 Sec. 1339. Section 904.905, subsection 1, paragraph a, Code
322023, is amended to read as follows:
33a. An amount the inmate may be legally obligated to pay for
34the support of the inmate’s dependents, the amount of which
35shall be paid to the dependents through the department of
-880- 1health and human services office or unit serving the county or
2city in which the dependents reside.
3 Sec. 1340. Section 905.12, subsection 1, paragraph a, Code
42023, is amended to read as follows:
5a. An amount the resident may be legally obligated to pay
6for the support of dependents, which shall be paid to the
7dependents directly or through the department of health and
8 human services office or unit serving the county in which the
9dependents reside. For the purpose of this paragraph, “legally
10obligated” means under a court order.
11 Sec. 1341. Section 905.15, subsection 2, Code 2023, is
12amended to read as follows:
132. A person under supervision of a district department, who
14assaults another person as defined in section 708.1, by biting,
15casting bodily fluids, or acting in a manner that results in
16the exchange of bodily fluids, shall submit to the withdrawal
17of a bodily specimen for testing to determine if the person
18is infected with a contagious infectious disease. The bodily
19specimen to be taken shall be determined by a physician. The
20specimen taken shall be sent to the state hygienic laboratory
21at the state university at Iowa City or some other laboratory
22approved by the department of public health and human services.
23If a person to be tested pursuant to this section refuses to
24submit to the withdrawal of a bodily specimen, application may
25be made by the director to the district court for an order
26compelling the person to submit to the withdrawal and, if
27infected, to available treatment. An order authorizing the
28withdrawal of a specimen for testing may be issued only by a
29district judge or district associate judge upon application by
30the director.
31 Sec. 1342. Section 907.5, subsection 1, paragraph e, Code
322023, is amended to read as follows:
33e. The defendant’s mental health and substance abuse
34 use disorder history and treatment options available in the
35community and the correctional system.
-881-1 Sec. 1343. Section 915.29, Code 2023, is amended to read as
2follows:
3915.29 Notification of victim of juvenile by department of
4health and human services.
51. The department of health and human services shall notify
6a registered victim regarding a juvenile adjudicated delinquent
7for a violent crime, committed to the custody of the department
8of health and human services, and placed at the state training
9school, of the following:
10a. The date on which the juvenile is expected to be
11temporarily released from the custody of the department of
12health and human services, and whether the juvenile is expected
13to return to the community where the registered victim resides.
14b. The juvenile’s escape from custody.
15c. The recommendation by the department to consider the
16juvenile for release or placement.
17d. The date on which the juvenile is expected to be released
18from a facility pursuant to a plan of placement.
192. The notification required pursuant to this section
20may occur through the automated victim notification system
21referred to in section 915.10A to the extent such information
22is available for dissemination through the system.
23 Sec. 1344. Section 915.35, subsection 4, Code 2023, is
24amended to read as follows:
254. a. A child protection assistance team involving the
26county attorney, law enforcement personnel, and personnel
27of the department of health and human services shall be
28established for each county by the county attorney. However,
29by mutual agreement, two or more county attorneys may
30establish a single child protection assistance team to cover a
31multicounty area. A child protection assistance team, to the
32greatest extent possible, may be consulted in cases involving a
33forcible felony against a child who is less than age fourteen
34in which the suspected offender is the person responsible
35for the care of a child, as defined in section 232.68. A
-882-1child protection assistance team may also be utilized in cases
2involving a violation of chapter 709 or 726 or other crime
3committed upon a victim as defined in subsection 1.
4b. A child protection assistance team may also consult
5with or include juvenile court officers, medical and mental
6health professionals, physicians or other hospital-based health
7professionals, court-appointed special advocates, guardians
8ad litem, and members of a multidisciplinary team created by
9the department of health and human services for child abuse
10investigations assessments. A child protection assistance
11team may work cooperatively with the early childhood Iowa area
12board established under chapter 256I. The child protection
13assistance team shall work with the department of health and
14 human services in accordance with section 232.71B, subsection
153, in developing the protocols for prioritizing the actions
16taken in response to child abuse assessments and for law
17enforcement agencies working jointly with the department at
18the local level in processes for child abuse assessments. The
19department of justice may provide training and other assistance
20to support the activities of a child protection assistance
21team.
22 Sec. 1345. Section 915.37, subsection 2, Code 2023, is
23amended to read as follows:
242. References in this section to a guardian ad litem shall
25be interpreted to include references to a court appointed
26special advocate as defined in section 232.2, subsection 10.
27 Sec. 1346. Section 915.40, subsection 5, Code 2023, is
28amended to read as follows:
295. “Department” means the Iowa department of public health
30and human services.
31 Sec. 1347. Section 915.45, subsection 1, Code 2023, is
32amended to read as follows:
331. In addition to any other information required to be
34released under chapter 229A, prior to the discharge of a person
35committed under chapter 229A, the director of health and human
-883-1services shall give written notice of the person’s discharge
2to any living victim of the person’s activities or crime whose
3address is known to the director or, if the victim is deceased,
4to the victim’s family, if the family’s address is known.
5Failure to notify shall not be a reason for postponement of
6discharge. Nothing in this section shall create a cause of
7action against the state or an employee of the state acting
8within the scope of the employee’s employment as a result of
9the failure to notify pursuant to this action.
10 Sec. 1348. Section 915.46, subsection 4, paragraph b, Code
112023, is amended to read as follows:
12b. The sexual assault forensic examiner program shall
13provide didactic and clinical training opportunities consistent
14with the sexual assault forensic examiner education guidelines
15established by the international association of forensic
16nurses, in collaboration with the Iowa department of public
17 health and human services and the Iowa coalition against sexual
18assault, in sufficient numbers and geographical locations
19across the state to assist treatment facilities with training
20sexual assault examiners and sexual assault nurse examiners.
21 Sec. 1349. Section 915.46, subsections 5 and 6, Code 2023,
22are amended to read as follows:
235. The sexual assault forensic examiner program, in
24collaboration with qualified medical providers, the Iowa
25 department of public health and human services, and the
26Iowa coalition against sexual assault, shall create uniform
27materials that all treatment facilities and federally
28qualified health centers are required to provide to patients
29and non-offending parents or legal guardians, if applicable,
30regarding medical forensic examination procedures, laws
31regarding consent relating to medical forensic services, and
32the benefits and risks of evidence collection, including
33recommended time frames for evidence collection pursuant
34to evidence-based research. These materials shall be made
35available on the department of justice’s internet site to all
-884-1treatment facilities and federally qualified health centers.
26. The sexual assault forensic examiner program, in
3collaboration with qualified medical providers, the Iowa
4 department of public health and human services, and the Iowa
5coalition against sexual assault, shall create and update
6statewide sexual assault examiner and sexual assault nurse
7examiner protocols, shall provide technical assistance upon
8request to health care professionals, and shall provide
9expertise on best practices to health care professionals
10relating to sexual assault forensic examinations.
11 Sec. 1350. Section 915.46, subsection 7, paragraph b, Code
122023, is amended to read as follows:
13b. Members of the advisory committee shall include staff
14members of the department of justice managing the sexual
15assault forensic examiner program; representatives from the
16department of public health and human services as determined
17by the director to be appropriate, the Iowa coalition against
18sexual assault, the board of nursing, and other constituencies
19as determined by the department of justice with an interest in
20sexual assault forensic examinations; and the hospital medical
21staff person involved with emergency services pursuant to
22section 915.82.
23 Sec. 1351. Section 915.83, subsection 4, Code 2023, is
24amended to read as follows:
254. Request from the department of health and human services,
26the department of workforce development and its division of
27workers’ compensation, the department of public safety, the
28county sheriff departments, the municipal police departments,
29the county attorneys, or other public authorities or agencies
30reasonable assistance or data necessary to administer the crime
31victim compensation program.
32 Sec. 1352. Section 915.84, subsections 4, 5, and 6, Code
332023, are amended to read as follows:
344. Notwithstanding subsection 3, a victim under the age of
35eighteen or dependent adult as defined in section 235B.2 who
-885-1has been sexually abused or subjected to any other unlawful
2sexual conduct under chapter 709 or 726 or who has been
3the subject of a forcible felony is not required to report
4the crime to the local police department or county sheriff
5department to be eligible for compensation if the crime was
6allegedly committed upon a child by a person responsible for
7the care of a child, as defined in section 232.68, subsection
88, or upon a dependent adult by a caretaker as defined
9in section 235B.2, and was reported to an employee of the
10department of health and human services and the employee
11verifies the report to the department.
125. When immediate or short-term medical services or mental
13health services are provided to a victim under section 915.35,
14the department of health and human services shall file the
15claim for compensation as provided in subsection 4 for the
16victim.
176. When immediate or short-term medical services to a victim
18are provided pursuant to section 915.35 by a professional
19licensed or certified by the state to provide such services,
20the professional shall file the claim for compensation,
21unless the department of health and human services is required
22to file the claim under this section. The requirement to
23report the crime to the local police department or county
24sheriff department under subsection 3 does not apply to this
25subsection.
26 Sec. 1353. 2020 Iowa Acts, chapter 1064, section 16,
27subsection 1, paragraph d, subparagraph (1), is amended to read
28as follows:
29(1) Any debt, which is assigned to the department of health
30and human services, or which is owed to the department of
31health and human services for unpaid premiums under section
32249A.3, subsection 2, paragraph “a”, subparagraph (1), or
33which the child support recovery unit services is otherwise
34attempting to collect, or which the foster care recovery unit
35 services of the department of health and human services is
-886-1attempting to collect on behalf of a child receiving foster
2care provided by the department of health and human services.
3 Sec. 1354. 2022 Iowa Acts, chapter 1098, section 92,
4subsection 1, is amended by striking the subsection.
5 Sec. 1355. REPEAL. Chapter 136, Code 2023, is repealed.
6 Sec. 1356. REPEAL. 2022 Iowa Acts, chapter 1098, section
768, is repealed.
8 Sec. 1357. REPEAL. Sections 135.2, 135.3, 135.6, 135.7,
9135.8, 135.9, 135.10, 216A.2, 217.7, 217.9, 217.10, 217.15,
10217.16, 217.17, 218.19, 218.20, 218.40, 218.53, 218.54, 222.6,
11227.19, 231.22, and 234.2, Code 2023, are repealed.
12 Sec. 1358. CODE EDITOR DIRECTIVE. The Code editor is
13directed to do all of the following:
141. Make changes in the structure of any Code chapter
15including but not limited to chapter titles and subtitles to
16correspond with the changes made in this division of this
17Act in consultation with the department of health and human
18services.
192. Make changes in any Code sections amended or enacted
20by any other Act to correspond with the changes made in this
21division of this Act if there appears to be no doubt as to
22the proper method of making the changes and the changes would
23not be contrary to or inconsistent with the purposes of this
24division of this Act or any other Act.
253. Correct internal references in the Code and in enacted
26legislation as necessary due to the enactment of this division
27of this Act.
28 Sec. 1359. CONTINGENT EFFECTIVE DATE. The following takes
29effect on the effective date of the rules adopted by the
30department of revenue pursuant to chapter 17A implementing 2020
31Iowa Acts, chapter 1064, other than transitional rules:
32The section of this division of this Act amending 2020 Iowa
33Acts, chapter 1064.
34DIVISION II
35DEPARTMENT OF ADMINISTRATIVE SERVICES
-887-1LIBRARY SERVICES
2 Sec. 1360. NEW SECTION. 8A.204 State librarian.
31. The director shall appoint the state librarian who
4shall administer the duties of the department as it relates to
5library services.
62. The state librarian shall do all of the following:
7a. Organize, staff, and administer the department as it
8relates to library services so as to render the greatest
9benefit to libraries in the state.
10b. Submit a biennial report to the governor on the
11activities and an evaluation of the department as it relates to
12library services and its programs and policies.
13c. Control all library services-related property of the
14department. The state librarian may dispose of, through
15sale, conveyance, or exchange, any library materials that
16may be obsolete or worn out or that may no longer be needed
17or appropriate to the mission of the state library of Iowa.
18These materials may be sold by the state library directly or
19the library may sell the materials by consignment with an
20outside entity. A state library fund is created in the state
21treasury. Proceeds from the sale of the library materials
22shall be remitted to the treasurer of state and credited to the
23state library fund and shall be used for the purchase of books
24and other library materials. Notwithstanding section 8.33, any
25balance in the fund on June 30 of any fiscal year shall not
26revert to the general fund of the state.
27d. Perform other duties as assigned by the director or as
28imposed by law.
29 Sec. 1361. Section 256.1, subsection 4, Code 2023, is
30amended by striking the subsection.
31 Sec. 1362. Section 256.7, subsection 17, Code 2023, is
32amended by striking the subsection.
33 Sec. 1363. Section 256.50, subsection 2, Code 2023, is
34amended by striking the subsection.
35 Sec. 1364. Section 256.51, subsection 1, unnumbered
-888-1paragraph 1, Code 2023, is amended to read as follows:
2The division of library services is attached to the
3department of education for administrative purposes. The state
4librarian shall be responsible for the division’s budgeting
5and related management functions in accordance with section
6256.52, subsection 3. The division department, as it relates
7to library services, shall do all of the following:
8 Sec. 1365. Section 256.51, subsection 1, paragraph e, Code
92023, is amended to read as follows:
10e. Develop and approve, in consultation with the area
11education agency media centers and the commission, a biennial
12unified plan of service and service delivery for the division
13of library services department.
14 Sec. 1366. Section 256.51, subsection 1, Code 2023, is
15amended by adding the following new paragraph:
16 NEW PARAGRAPH. m. Provide for the improvement of library
17services to all Iowa citizens and foster development and
18cooperation among libraries.
19 Sec. 1367. Section 256.51, subsection 2, Code 2023, is
20amended to read as follows:
212. The division department, as it relates to library
22services, may do all of the following:
23a. Enter into interstate library compacts on behalf of
24the state of Iowa with any state which legally joins in the
25compacts as provided in section 256.70.
26b. Receive and expend money for providing programs and
27services. The division department may receive, accept, and
28administer any moneys appropriated or granted to it, separate
29from the general library fund, by the federal government or by
30any other public or private agency.
31c. Accept gifts, contributions, bequests, endowments,
32or other moneys, including but not limited to the Westgate
33endowment fund, for any or all purposes of the division
34 department as it relates to library services. Interest earned
35on moneys accepted under this paragraph shall be credited to
-889-1the fund or funds to which the gifts, contributions, bequests,
2endowments, or other moneys have been deposited, and is
3available for any or all purposes of the division department as
4it relates to library services. The division department shall
5report annually to the commission and the general assembly
6regarding the gifts, contributions, bequests, endowments,
7or other moneys accepted pursuant to this paragraph and the
8interest earned on them.
9 Sec. 1368. Section 256.52, subsection 1, paragraph a,
10unnumbered paragraph 1, Code 2023, is amended to read as
11follows:
12The state commission of libraries consists of one member
13appointed by the supreme court, the director of the department
14of education, or the director’s designee, and the following
15seven members who shall be appointed by the governor to serve
16four-year terms beginning and ending as provided in section
1769.19.
18 Sec. 1369. Section 256.52, subsection 3, Code 2023, is
19amended by striking the subsection.
20 Sec. 1370. Section 256.52, subsection 4, Code 2023, is
21amended to read as follows:
224. The commission shall adopt rules under chapter 17A for
23carrying out the responsibilities of the division department as
24it relates to library services duties of the department.
25 Sec. 1371. Section 256.52, subsection 5, Code 2023, is
26amended by striking the subsection and inserting in lieu
27thereof the following:
285. Advise the department and the state librarian concerning
29the library services duties of the department.
30 Sec. 1372. Section 256.53, Code 2023, is amended to read as
31follows:
32256.53 State publications.
33Upon issuance of a state publication in any format, a
34state agency shall provide the division department with
35an electronic version of the publication at no cost to the
-890-1division department.
2 Sec. 1373. Section 256.54, subsection 2, unnumbered
3paragraph 1, Code 2023, is amended to read as follows:
4The law library shall be administered by a law librarian
5appointed by the state librarian subject to chapter 8A,
6 subchapter IV, who shall do all of the following:
7 Sec. 1374. Section 256.55, unnumbered paragraph 1, Code
82023, is amended to read as follows:
9A state data center is established in the division
10 department. The state data center shall be administered by
11the state data center coordinator, who shall do all of the
12following:
13 Sec. 1375. Section 256.55, subsection 3, Code 2023, is
14amended to read as follows:
153. Perform other duties imposed by law or prescribed by the
16commission department.
17 Sec. 1376. Section 256.57, Code 2023, is amended to read as
18follows:
19256.57 Enrich Iowa program.
201. An enrich Iowa program is established in the division
21 department to provide direct state assistance to public
22libraries, to support the open access and access plus programs,
23to provide public libraries with an incentive to improve
24library services that are in compliance with performance
25measures, and to reduce inequities among communities in the
26delivery of library services based on performance measures
27adopted by rule by the commission. The commission shall
28adopt rules governing the allocation of funds appropriated by
29the general assembly for purposes of this section to provide
30direct state assistance to eligible public libraries. A public
31library is eligible for funds under this chapter subchapter if
32it is in compliance with the commission’s performance measures.
332. The amount of direct state assistance distributed to each
34eligible public library shall be based on the following:
35a. The level of compliance by the eligible public library
-891-1with the performance measures adopted by the commission as
2provided in this section.
3b. The number of people residing within an eligible
4library’s geographic service area for whom the library provides
5services.
6c. The amount of other funding the eligible public library
7received in the previous fiscal year for providing services to
8rural residents and to contracting communities.
93. Moneys received by a public library pursuant to this
10section shall supplement, not supplant, any other funding
11received by the library.
124. For purposes of this section, “eligible public library”
13means a public library that meets all of the following
14requirements:
15a. Submits to the division department all of the following:
16(1) The report provided for under section 256.51,
17subsection 1, paragraph “h”.
18(2) An application and accreditation report, in a format
19approved by the commission department, that provides evidence
20of the library’s compliance with at least one level of the
21standards established in accordance with section 256.51,
22subsection 1, paragraph “k”.
23(3) Any other application or report the division department
24 deems necessary for the implementation of the enrich Iowa
25program.
26b. Participates in the library resource and information
27sharing programs established by the state library.
28c. Is a public library established by city ordinance or a
29library district as provided in chapter 336.
305. Each eligible public library shall maintain a
31separate listing within its budget for payments received and
32expenditures made pursuant to this section, and shall annually
33submit this listing to the division department.
346. By January 15, annually, the division department shall
35submit a program evaluation report to the general assembly
-892-1and the governor detailing the uses and the impacts of funds
2allocated under this section.
37. A public library that receives funds in accordance with
4this section shall have an internet use policy in place, which
5may or may not include internet filtering. The library shall
6submit a report describing the library’s internet use efforts
7to the division department.
88. A public library that receives funds in accordance
9with this section shall provide open access, the reciprocal
10borrowing program, as a service to its patrons, at a
11reimbursement rate determined by the state library.
129. Funds appropriated for purposes of this section shall not
13be used by the division department for administrative purposes.
14 Sec. 1377. Section 256.58, Code 2023, is amended to read as
15follows:
16256.58 Library support network.
171. A library support network is established in the division
18 department to offer services and programs for libraries,
19including but not limited to individualized, locally delivered
20consulting and training, and to facilitate resource sharing and
21innovation through the use of technology, administer enrich
22Iowa programs, advocate for libraries, promote excellence
23and innovation in library services, encourage governmental
24subdivisions to provide local financial support for local
25libraries, and ensure the consistent availability of quality
26service to all libraries throughout the state, regardless of
27location or size.
282. The organizational structure to deliver library support
29network services shall include district offices. The district
30offices shall serve as a basis for providing field services
31to local libraries in the counties comprising the district.
32The division department shall determine which counties are
33served by each district office. The number of district offices
34established to provide services pursuant to this section shall
35be six.
-893-1 Sec. 1378. Section 256.59, Code 2023, is amended to read as
2follows:
3256.59 Specialized library services.
4The specialized library services unit is established in
5the division department to provide information services to
6the three branches of state government and to offer focused
7information services to the general public in the areas of Iowa
8law, Iowa state documents, and Iowa history and culture.
9 Sec. 1379. Section 256.62, subsections 1, 3, and 4, Code
102023, are amended to read as follows:
111. The state librarian shall convene a library services
12advisory panel to advise and recommend to the commission and
13the division department evidence-based best practices, to
14assist the commission and division department to determine
15service priorities and launch programs, articulate the needs
16and interests of Iowa librarians, and share research and
17professional development information.
183. The library services advisory panel shall meet at least
19twice annually and shall submit its recommendations in a report
20to the commission department and the state librarian at least
21once annually. The report shall be timely submitted to allow
22for consideration of the recommendations prior to program
23planning and budgeting for the following fiscal year.
244. Members of the library services advisory panel shall
25receive actual and necessary expenses incurred in the
26performance of their duties. Expenses shall be paid from funds
27appropriated to the department for purposes of the division.
28 Sec. 1380. Section 256.70, unnumbered paragraph 1, Code
292023, is amended to read as follows:
30The division of library services of the department of
31education is hereby authorized to enter into interstate
32library compacts on behalf of the state of Iowa with any state
33bordering on Iowa which legally joins therein in substantially
34the following form and the contracting states agree that:
35 Sec. 1381. Section 256.71, Code 2023, is amended to read as
-894-1follows:
2256.71 Administrator.
3The administrator of the division of library services state
4librarian shall be the compact administrator. The compact
5administrator shall receive copies of all agreements entered
6into by the state or its political subdivisions and other
7states or political subdivisions; consult with, advise and aid
8such governmental units in the formulation of such agreements;
9make such recommendations to the governor, legislature,
10governmental agencies and units as the administrator deems
11desirable to effectuate the purposes of this compact and
12consult and cooperate with the compact administrators of other
13party states.
14 Sec. 1382. CODE EDITOR DIRECTIVE — LIBRARY SERVICES.
151. The Code editor is directed to make the following
16transfers:
17a. Section 256.50 to section 8A.201.
18b. Section 256.51 to section 8A.202.
19c. Section 256.52 to section 8A.203.
20d. Section 256.53 to section 8A.205.
21e. Section 256.54 to section 8A.206.
22f. Section 256.55 to section 8A.207.
23g. Section 256.56 to section 8A.208.
24h. Section 256.57 to section 8A.209.
25i. Section 256.58 to section 8A.210.
26j. Section 256.59 to section 8A.211.
27k. Section 256.62 to section 8A.221.
28l. Section 256.69 to section 8A.222.
29m. Section 256.70 to section 8A.231.
30n. Section 256.71 to section 8A.232.
31o. Section 256.72 to section 8A.233.
32p. Section 256.73 to section 8A.234.
332. The Code editor is directed to rename subchapter II and
34designate parts in chapter 8A as follows:
35a. Subchapter II shall be entitled “Library Services” and
-895-1include sections 8A.201 through 8A.234.
2b. Subchapter II, part 1, shall be entitled “General
3Provisions” and include sections 8A.201 through 8A.211.
4c. Subchapter II, part 2, shall be entitled “Library
5Services Advisory Panel and Local Financial Support” and
6include sections 8A.221 through 8A.222.
7d. Subchapter II, new part 3, shall be entitled “Library
8Compact” and include sections 8A.231 through 8A.234.
93. The Code editor may modify subchapter and part titles if
10necessary and is directed to correct internal references in the
11Code as necessary due to enactment of this section.
12STATE RECORDS AND ARCHIVES
13 Sec. 1383. Section 163.37, subsection 3, Code 2023, is
14amended to read as follows:
153. Such records shall be maintained for a length of time as
16required by and pursuant to chapter 305 8A, subchapter VI, and
17at the point of concentration and shall be made available for
18inspection by the department at reasonable times.
19 Sec. 1384. Section 305.1, Code 2023, is amended to read as
20follows:
21305.1 Citation.
22This chapter subchapter shall be known and may be cited as
23the “State Archives and Records Act”.
24 Sec. 1385. Section 305.2, unnumbered paragraph 1, Code
252023, is amended to read as follows:
26As used in this chapter subchapter, unless the context
27otherwise requires:
28 Sec. 1386. Section 305.3, subsection 2, Code 2023, is
29amended by striking the subsection.
30 Sec. 1387. Section 305.3, subsection 8, Code 2023, is
31amended to read as follows:
328. The director of the department of administrative
33services.
34 Sec. 1388. Section 305.7, Code 2023, is amended to read as
35follows:
-896- 1305.7 Administration Commission administration.
2The department of cultural affairs, through the state
3archives and records program, is the primary agency responsible
4for providing administrative personnel and services for the
5commission.
6 Sec. 1389. Section 305.8, subsection 1, paragraphs e, f, and
7g, Code 2023, are amended to read as follows:
8e. Adopt and maintain an interagency records manual
9containing the rules governing records management, as well as
10records series retention and disposition schedules, guidelines,
11and other information relating to implementation of this
12chapter subchapter.
13f. Make recommendations, in consultation with the department
14of administrative services, to the governor and the general
15assembly for the continued reduction of printed reports
16throughout state government in a manner that protects the
17public’s right to access such reports.
18g. Provide advice, counsel, and services to the legislative,
19judicial, and executive branch agencies subject to this chapter
20 subchapter on the care and management of state government
21records.
22 Sec. 1390. Section 305.8, subsection 2, paragraph a, Code
232023, is amended to read as follows:
24a. Examine records in the possession, constructive
25possession, or control of state agencies to carry out the
26purposes of this chapter subchapter.
27 Sec. 1391. Section 305.9, subsection 1, unnumbered
28paragraph 1, Code 2023, is amended to read as follows:
29The department of cultural affairs shall do all of the
30following as it relates to state records and archives:
31 Sec. 1392. Section 305.9, subsection 1, paragraphs a and j,
32Code 2023, are amended to read as follows:
33a. Provide Administer the state archives and records
34program and provide administrative support to the state records
35commission through the state archives and records program.
-897- 1j. Provide advice, counsel, and services to the legislative,
2judicial, and executive branch agencies subject to this chapter
3 subchapter on the care and management of state government
4records.
5 Sec. 1393. Section 305.9, subsection 1, paragraph l,
6subparagraph (2), Code 2023, is amended to read as follows:
7(2) Upon request, the state archivist shall make a certified
8copy of any record in the legal custody or in the physical
9custody of the state archivist, or a certified transcript of
10any record if reproduction is inappropriate because of legal or
11physical considerations. If a copy or transcript is properly
12authenticated, it has the same legal effect as though certified
13by the officer from whose office it was transferred or by the
14secretary of state. The department of cultural affairs shall
15establish reasonable fees for certified copies or certified
16transcripts of records in the legal custody or physical custody
17of the state archivist.
18 Sec. 1394. Section 305.9, subsection 2, unnumbered
19paragraph 1, Code 2023, is amended to read as follows:
20The department of cultural affairs may do any of the
21following as it relates to state records and archives:
22 Sec. 1395. Section 305.10, subsection 1, paragraphs d and j,
23Code 2023, are amended to read as follows:
24d. Comply with requests from the state records commission
25or the state archives and records program to examine records
26in the possession, constructive possession, or control of the
27agency in order to carry out the purposes of this chapter
28 subchapter.
29j. Provide for compliance with this chapter subchapter and
30the rules adopted by the state records commission.
31 Sec. 1396. Section 305.14, Code 2023, is amended to read as
32follows:
33305.14 Liability precluded.
34No member of the commission or head of an agency shall
35be held liable for damages or loss, or civil or criminal
-898-1liability, because of the destruction of public records
2pursuant to the provisions of this chapter subchapter or any
3other law authorizing their destruction.
4 Sec. 1397. Section 305.15, Code 2023, is amended to read as
5follows:
6305.15 Exemptions — duties of state department of
7transportation and state board of regents.
8The state department of transportation and the agencies and
9institutions under the control of the state board of regents
10are exempt from the state records manual and the provisions
11of this chapter subchapter. However, the state department of
12transportation and the state board of regents shall adopt rules
13pursuant to chapter 17A for their employees, agencies, and
14institutions that are consistent with the objectives of this
15chapter subchapter. The rules shall be approved by the state
16records commission.
17 Sec. 1398. Section 305.16, subsections 1 and 3, Code 2023,
18are amended to read as follows:
191. Membership. The board shall consist of nine members
20appointed by the governor for three-year staggered terms.
21Members shall be eligible for reappointment. The members shall
22have experience in a field of research or an activity that
23administers or makes extensive use of historical records. The
24majority of the members shall have professional qualifications
25and experience in the administration of government records,
26historical records, or archives. The administrator of the
27historical division of the department of cultural affairs
28 director shall serve as an ex officio member of the board.
293. Administration. The department of cultural affairs,
30through the state archives and records program, is the primary
31agency responsible for providing administrative personnel and
32services for the board.
33 Sec. 1399. CODE EDITOR DIRECTIVE — STATE RECORDS AND
34ARCHIVES.
351. The Code editor is directed to make the following
-899-1transfers:
2a. Section 305.1 to section 8A.601.
3b. Section 305.2 to section 8A.602.
4c. Section 305.3 to section 8A.603.
5d. Section 305.4 to section 8A.604.
6e. Section 305.5 to section 8A.605.
7f. Section 305.6 to section 8A.606.
8g. Section 305.7 to section 8A.607.
9h. Section 305.8 to section 8A.608.
10i. Section 305.9 to section 8A.609.
11j. Section 305.10 to section 8A.610.
12k. Section 305.11 to section 8A.611.
13l. Section 305.12 to section 8A.612.
14m. Section 305.13 to section 8A.613.
15n. Section 305.14 to section 8A.614.
16o. Section 305.15 to section 8A.615.
17p. Section 305.16 to section 8A.616.
182.The Code editor is directed to create a new subchapter
19VI in chapter 8A as follows:Subchapter VI shall be entitled
20“State Records and Archives” and include sections 8A.601
21through 8A.616.
223. The Code editor may modify subchapter titles if necessary
23and is directed to correct internal references in the Code as
24necessary due to enactment of this section.
25Historical Resources
26 Sec. 1400. NEW SECTION. 8A.702 Departmental duties —
27historical resources.
28The duties of the department as it relates to the historical
29resources of the state shall include all of the following:
301. Develop a comprehensive, coordinated, and efficient
31policy to preserve, research, interpret, and promote to the
32public an awareness and understanding of local, state, and
33regional history.
342. Administer and care for historical sites under the
35authority of the department, and maintain collections within
-900-1these buildings.
2a. Except for the state board of regents, a state agency
3which owns, manages, or administers a historical site must
4enter into an agreement with the department under chapter 28E
5to ensure the proper management, maintenance, and development
6of the site.
7b. For the purposes of this section, “historical site”
8means any district, site, building, or structure listed on the
9national register of historic sites or identified as eligible
10for such status by the state historic preservation officer
11or that is identified according to established criteria by
12the state historic preservation officer as significant in
13national, state, and local history, architecture, engineering,
14archaeology, or culture.
153. Encourage and assist local, county, and state
16organizations and museums devoted to historical purposes.
174. Develop standards and criteria for the acquisition of
18historic properties and for the preservation, restoration,
19maintenance, operation, and interpretation of properties under
20the jurisdiction of the department.
215. Implement tourism-related art and history projects as
22directed by the general assembly.
236. Encourage the use of volunteers throughout the
24department as it relates to the historical resources of
25the state, especially for purposes of restoring books and
26manuscripts.
277. Publish matters of historical value to the public.
288. Buy or receive by other means historical materials
29including but not limited to artifacts, art, books,
30manuscripts, and images. Such materials are not personal
31property under sections 8A.321 and 8A.324 and shall be
32received and cared for under the rules of the department. The
33department may sell or otherwise dispose of those materials
34according to the rules of the department and be credited for
35any revenues credited by the disposal less the costs incurred.
-901- 19. Administer the historical resource development program
2established in section 8A.712.
310. Administer, preserve, and interpret the battle
4flag collection assembled by the state in consultation and
5coordination with the department of veterans affairs. A
6portion of the battle flag collection shall be on display at
7the state capitol and the state historical building at all
8times, unless on loan approved by the department.
911. Establish, maintain, and administer a digital
10collection of historical manuscripts, documents, records,
11reports, images, and artifacts and make the collection
12available to the public through an online research center.
1312. Perform such duties as required under chapter 305B.
14 Sec. 1401. Section 218.22, Code 2023, is amended to read as
15follows:
16218.22 Record privileged.
17Except with the consent of the administrator in charge
18of an institution, or on an order of a court of record, the
19record provided in section 218.21 shall be accessible only to
20the administrator of the division of the department of human
21services in control of such institution, the director of the
22department of human services and to assistants and proper
23clerks authorized by such administrator or the administrator’s
24director. The administrator of the division of such
25institution is authorized to permit the division of library
26services of the department of education and the historical
27division of the department of cultural affairs administrative
28services to copy or reproduce by any photographic, photostatic,
29microfilm, microcard or other process which accurately
30reproduces a durable medium for reproducing the original and
31to destroy in the manner described by law such records of
32residents designated in section 218.21.
33 Sec. 1402. Section 303.5, unnumbered paragraph 1, Code
342023, is amended to read as follows:
35The state historical society administrator director may:
-902-1 Sec. 1403. Section 303.5, subsection 1, Code 2023, is
2amended to read as follows:
31. Make and sign any agreements and perform any acts which
4are necessary, desirable, or proper to carry out the purpose
5of the division department as it relates to the historical
6resources of the state.
7 Sec. 1404. Section 303.7, Code 2023, is amended by striking
8the section and inserting in lieu thereof the following:
9303.7 State historical society.
101. As used in this subchapter, “state historical society”
11means a membership organization of the department that is open
12to members of the general public who are interested in the
13history of the state.
142. The state historical society board of trustees shall
15recommend to the director rules for membership of the general
16public in the state historical society, including rules
17relating to membership fees. Members shall be persons who
18indicate an interest in the history, progress, and development
19of the state and who pay the prescribed fee. The members
20of the state historical society may meet at least one time
21per year to further the understanding of the history of this
22state. The members of the society shall not determine policy
23for the department as it relates to the historical resources
24of the state but may advise the director and perform functions
25to stimulate interest in the history of this state among the
26general public. The society may perform other activities
27related to history which are not contrary to this subchapter.
283. Unless designated otherwise, an application for
29membership in the state historical society, or a gift, bequest,
30devise, endowment, or grant to the state historical society or
31the department as it relates to the historical resources of the
32state shall be presumed to be to or in the department.
334. Notwithstanding section 633.63, the board may enter into
34agreements authorizing nonprofit foundations acting solely for
35the support of the state historical society or the department
-903-1to administer the membership program of the state historical
2society and funds of the state historical society or the
3department as it relates to the historical resources of the
4state.
5 Sec. 1405. Section 303.8, subsection 1, paragraphs b and c,
6Code 2023, are amended to read as follows:
7b. Make recommendations to the division administrator
8 director on historically related matters.
9c. Review and recommend to the director or the director’s
10designee policy decisions regarding the division department as
11it relates to the historical resources of the state.
12 Sec. 1406. Section 303.8, Code 2023, is amended by adding
13the following new subsection:
14 NEW SUBSECTION. 3. The department may:
15a. By rule, establish advisory groups necessary for the
16receipt of federal funds or grants or the administration of
17any of the department’s programs relating to the historical
18resources of the state.
19b. Develop and implement fee-based educational programming
20opportunities, including preschool programs, related to arts,
21history, and other cultural matters for Iowans of all ages.
22 Sec. 1407. Section 303.9, subsections 1 and 3, Code 2023,
23are amended to read as follows:
241. All funds received by the department relating to the
25historical resources of the state, including but not limited
26to gifts, endowments, funds from the sale of memberships in
27the state historical society, funds from the sale of mementos
28and other items relating to Iowa history as authorized under
29subsection 2, interest generated by the life membership
30trust fund, and fees, shall be credited to the account of
31the department and are appropriated to the department to
32be invested or used for programs and purposes under the
33authority of the department as it relates to the historical
34resources of the state. Interest earned on funds credited to
35the department, except funds appropriated to the department
-904-1from the general fund of the state, shall be credited to the
2department. Section 8.33 does not apply to funds credited to
3the department under this section.
43. Notwithstanding section 633.63, the state historical
5society board of trustees may authorize nonprofit foundations
6acting solely for the support of the state historical society
7of Iowa department as it relates to the historical resources of
8the state to accept and administer trusts deemed by the board
9to be beneficial to the division’s department’s operations
10under this subchapter. The board and the foundation may act
11as trustees in such instances.
12 Sec. 1408. Section 303.9A, Code 2023, is amended to read as
13follows:
14303.9A Iowa heritage fund.
151. An Iowa heritage fund is created in the state treasury
16to be administered by the state historical society department.
17The fund shall consist of all moneys allocated to the fund by
18the treasurer of state.
192. Moneys in the fund shall be used in accordance with the
20following:
21a. Ninety percent shall be retained by the state historical
22society department and used to maintain and expand Iowa’s
23history curriculum, to provide teacher training in Iowa
24history, and to support museum exhibits, historic sites, and
25adult education programs.
26b. Five percent shall be retained by the state historical
27society department to be used for start-up costs for the one
28hundred seventy-fifth and two hundredth anniversaries of Iowa
29statehood.
30c. Five percent shall be retained by the state historical
31society department to be used for the promotion of the sale
32of the Iowa heritage registration plate issued under section
33321.34.
34 Sec. 1409. Section 303.10, Code 2023, is amended to read as
35follows:
-905- 1303.10 Acceptance and use of money grants.
2All federal grants to and the federal receipts of the
3agencies receiving funds under this chapter subchapter are
4appropriated for the purpose set forth in the federal grants
5or receipts.
6 Sec. 1410. Section 303.11, Code 2023, is amended to read as
7follows:
8303.11 Gifts.
91. The division department may accept gifts and bequests
10which shall be used in accordance with the desires of the donor
11if expressed. Funds contained in an endowment fund for either
12the department of history and archives or the state historical
13society existing on July 1, 1974, remain an endowment of the
14division department. Gifts shall be accepted only on behalf
15of the division department, and gifts to a part, branch, or
16section of the division department are presumed to be gifts to
17the division department.
182. If publication of a book is financed by the endowment
19fund, this chapter subchapter does not prevent the return of
20moneys from sales of the book to the endowment fund.
21 Sec. 1411. Section 303.16, subsections 1 and 2, Code 2023,
22are amended to read as follows:
231. The historical division department shall administer a
24program of grants and loans for historical resource development
25throughout the state, subject to funds for such grants and
26loans being made available through the appropriations process
27or otherwise provided by law.
282. The purpose of the historical resource development
29program is to preserve, conserve, interpret, and enhance
30historical resources that will encourage and support the
31economic and cultural health and development of the state and
32the communities in which the resources are located. For this
33purpose, the division department may make grants and loans as
34otherwise provided by law with funds as may be made available
35by applicable law.
-906-1 Sec. 1412. Section 303.16, subsection 6, paragraphs b, f,
2and g, Code 2023, are amended to read as follows:
3b. A portion of the applicant’s operating expenses may
4be used as a cash match or in-kind match as specified by the
5division’s department’s rules.
6f. Grants under this program may be given only after review
7and recommendation by the state historical society board of
8trustees. The division department may contract with lending
9institutions chartered in this state to act as agents for the
10administration of loans under the program, in which case, the
11lending institution may have the right of final approval of
12loans, subject to the division’s department’s administrative
13rules. If the division department does not contract with
14a lending institution, loans may be made only after review
15and recommendation by the state historical society board of
16trustees.
17g. The division department shall not award grants or loans
18to be used for goods or services obtained outside the state,
19unless the proposed recipient demonstrates that it is neither
20feasible nor prudent to obtain the goods or services within the
21state.
22 Sec. 1413. Section 303.16, subsections 8 and 9, Code 2023,
23are amended to read as follows:
248. The division department may use ten percent of the annual
25appropriation allocation to the division historical resource
26grant and loan fund established in this section pursuant
27to section 455A.19, but in no event more than seventy-five
28thousand dollars, for administration of the grant and loan
29program.
309. a. (1) The division department may establish a
31historical resource grant and loan fund composed of any
32money appropriated by the general assembly for that purpose,
33funds allocated pursuant to section 455A.19, and of any other
34moneys available to and obtained or accepted by the division
35 department from the federal government or private sources for
-907-1placement in that fund. Each loan made under this section
2shall be for a period not to exceed ten years, shall bear
3interest at a rate determined by the state historical board,
4and shall be repayable to the revolving loan fund in equal
5yearly installments due March 1 of each year the loan is in
6effect. The interest rate upon loans for which payment is
7delinquent shall accelerate immediately to the current legal
8usury limit. Applicants are eligible for not more than one
9hundred thousand dollars in loans outstanding at any time under
10this program. A single lending institution contracting with
11the division department pursuant to this section shall not hold
12more than five hundred thousand dollars worth of outstanding
13loans under the program.
14(2) Any applicant, who is otherwise eligible, who receives
15a direct or indirect appropriation from the general assembly
16for a project or portion of a project is ineligible for a
17historical resources development grant for that same project
18during the fiscal year for which the appropriation is made.
19For purposes of this paragraph, “project” includes any related
20activities, including but not limited to construction,
21restoration, supplies, equipment, consulting, or other
22services.
23b. The division department may:
24(1) Contract and adopt administrative rules necessary to
25carry out the provisions of this section, but the division
26 department shall not in any manner directly or indirectly
27pledge the credit of the state of Iowa.
28(2) Authorize payment from the historical resource grant
29and loan fund, from fees and from any income received by
30investments of money in the fund for costs, commissions,
31attorney fees and other reasonable expenses related to
32and necessary for making and protecting direct loans under
33this section, and for the recovery of moneys loaned or the
34management of property acquired in connection with such loans.
35 Sec. 1414. Section 303.16, subsection 10, paragraph b, Code
-908-12023, is amended to read as follows:
2b. A country schools historical resource preservation
3grant program is therefore established to be administered by
4the historical division department for the preservation of
5one-room and two-room buildings once used as country schools.
6In developing grant approval criteria, the division department
7 shall place a priority on the educational uses planned for the
8country school building, which may include, but are not limited
9to, historical interpretation and use as a teaching museum or
10as an operational classroom accessible to a school district
11or accredited nonpublic school for provisional instructional
12purposes.
13 Sec. 1415. Section 305B.5, Code 2023, is amended to read as
14follows:
15305B.5 Notice of injury or loss.
16A museum shall give a lender or claimant prompt notice of
17any known injury to or loss of property on loan on a form for
18notice of injury loss adopted by rule by the department of
19administrative services. The department of cultural affairs
20shall adopt by rule a form for notice of injury or loss, no
21later than January 1, 1989, and shall distribute the rule
22and form to all identified museums in Iowa within sixty days
23after adoption of the rule. The notice shall be mailed to the
24lender’s or claimant’s last known address in event of injury
25or loss of property on loan to the museum. Published notice of
26injury or loss of undocumented property shall not be required.
27 Sec. 1416. Section 305B.8, subsection 3, Code 2023, is
28amended to read as follows:
293. The department of cultural affairs administrative
30services shall adopt by rule a form for notice of intent to
31preserve an interest in property on loan to a museum. The
32form shall satisfy the requirements of subsection 1 and shall
33notify the claimant of the rights and procedures to preserve an
34interest in museum property. The form shall also facilitate
35recordkeeping and record retrieval by a museum. At a minimum
-909-1the form shall provide a place for recording evidence of
2receipt of a notice by a museum, including the date of receipt,
3signature of the person receiving the notice, and the date on
4which a copy of the receipt is returned to the claimant.
5 Sec. 1417. Section 305B.11, subsection 2, Code 2023, is
6amended to read as follows:
72. The department of cultural affairs administrative
8services may by rule determine the minimum form and substance
9of recordkeeping by museums with regard to museum property to
10implement this chapter.
11 Sec. 1418. Section 321.34, subsection 25, paragraph b, Code
122023, is amended to read as follows:
13b. An owner referred to in subsection 12, upon written
14application to the department, may order special registration
15plates with a civil war sesquicentennial processed emblem. The
16special plate fees collected by the director under subsection
1712, paragraphs “a” and “c”, from the issuance and annual
18validation of letter-number designated and personalized civil
19war sesquicentennial plates shall be paid monthly to the
20treasurer of state and deposited in the road use tax fund. The
21treasurer of state shall transfer monthly from the statutory
22allocations fund created under section 321.145, subsection 2,
23to the department of cultural affairs administrative services
24 the amount of the special fees collected under subsection
2512, paragraph “a”, in the previous month for civil war
26sesquicentennial plates, and such funds are appropriated to the
27department of cultural affairs administrative services to be
28used for the Iowa battle flag project.
29 Sec. 1419. Section 423.3, subsection 34, Code 2023, is
30amended to read as follows:
3134. The sales price from sales of mementos and other items
32relating to Iowa history and historic sites by the department
33of cultural affairs administrative services on the premises of
34property under its control and at the state capitol.
35 Sec. 1420. Section 427.16, subsection 7, paragraph b, Code
-910-12023, is amended to read as follows:
2b. A historical site as defined in section 303.2 8A.702.
3 Sec. 1421. Section 455A.19, subsection 1, paragraph f, Code
42023, is amended to read as follows:
5f. Five percent shall be allocated to the historical
6resource grant and loan fund established pursuant to section
7303.16. The department of cultural affairs administrative
8services shall use the moneys allocated to this fund to
9implement historical resource development programs as provided
10under section 303.16.
11 Sec. 1422. Section 904.601, subsection 1, Code 2023, is
12amended to read as follows:
131. The director shall keep the following record
14of every person committed to any of the department’s
15institutions: Name, residence, sex, age, place of birth,
16occupation, civil condition, date of entrance or commitment,
17date of discharge, whether a discharge is final, condition of
18the person when discharged, the name of the institutions from
19which and to which the person has been transferred, and if the
20person is dead, the date and cause of death. The director may
21permit the division of library services of the department of
22education and the historical division of the department of
23cultural affairs administrative services to copy or reproduce
24by any photographic, photostatic, microfilm, microcard, or
25other process which accurately reproduces in a durable medium
26and to destroy in the manner described by law the records of
27inmates required by this paragraph.
28 Sec. 1423. 2012 Iowa Acts, chapter 1136, section 27,
29subsection 1, is amended to read as follows:
301. A battle flag restoration fund is created and established
31as a separate and distinct fund in the state treasury under the
32control of the department of cultural affairs administrative
33services. The moneys in the fund are appropriated to the
34department for purposes of continuing the project recommended
35by the Iowa battle flag advisory committee to stabilize the
-911-1condition of the battle flag collection. Moneys in the fund
2shall not be subject to appropriation for any other purpose by
3the general assembly, but shall be used only for the purposes
4of the battle flag restoration fund.
5 Sec. 1424. CODE EDITOR DIRECTIVE — HISTORICAL RESOURCES.
61. The Code editor is directed to make the following
7transfers:
8a. Section 303.4 to section 8A.703.
9b. Section 303.5 to section 8A.704.
10c. Section 303.6 to section 8A.705.
11d. Section 303.7 to section 8A.706.
12e. Section 303.8 to section 8A.707.
13f. Section 303.9 to section 8A.708.
14g. Section 303.9A to section 8A.709.
15h. Section 303.10 to section 8A.710.
16i. Section 303.11 to section 8A.711.
17j. Section 303.16 to section 8A.712.
182.The Code editor is directed to create a new subchapter
19VII in chapter 8A as follows:Subchapter VII shall be entitled
20“Historical Resources” and include sections 8A.702 through
218A.712.
223. The Code editor may modify subchapter titles if necessary
23and is directed to correct internal references in the Code as
24necessary due to enactment of this section.
25DIVISION III
26DEPARTMENT OF INSPECTIONS, APPEALS, AND LICENSING
27organization — general provisions
28 Sec. 1425. Section 7E.5, subsection 1, paragraphs d and h,
29Code 2023, are amended to read as follows:
30d. The department of inspections, and appeals, and
31licensing, created in section 10A.102, which has primary
32responsibility for licensing, administering the laws
33relating to employment safety, labor standards, and workers’
34compensation, and coordinating the conducting of various
35inspections, investigations, appeals, hearings, and audits.
-912- 1h. The department of workforce development, created
2in section 84A.1, which has primary responsibility for
3administering the laws relating to unemployment compensation
4insurance, job placement and training, employment safety, labor
5standards, workers’ compensation, and related matters.
6 Sec. 1426. Section 10A.101, subsections 2 and 3, Code 2023,
7are amended to read as follows:
82. “Department” means the department of inspections, and
9 appeals, and licensing.
103. “Director” means the director of inspections, and
11 appeals, and licensing.
12 Sec. 1427. Section 10A.102, Code 2023, is amended to read
13as follows:
1410A.102 Department established.
15The department of inspections, and appeals, and licensing is
16established. The director of the department shall be appointed
17by the governor to serve at the pleasure of the governor
18subject to confirmation by the senate no less frequently than
19every four years, whether or not there has been a new director
20appointed during that time. If the office becomes vacant, the
21vacancy shall be filled in the same manner as provided for the
22original appointment.
23 Sec. 1428. Section 10A.103, Code 2023, is amended to read
24as follows:
2510A.103 Purpose of the department.
26The department is created for the purpose of coordinating
27and conducting various audits, appeals, hearings, inspections,
28and investigations, and licensing activities related to the
29operations of the executive branch of state government, and
30administering the laws relating to employment safety, labor
31standards, and workers’ compensation.
32 Sec. 1429. Section 10A.104, subsections 2 and 5, Code 2023,
33are amended to read as follows:
342. Appoint the administrators of the divisions within
35the department and all other personnel deemed necessary for
-913-1the administration of this chapter, except the state public
2defender, assistant state public defenders, administrator
3of the racing and gaming commission, labor commissioner,
4workers’ compensation commissioner, director of the Iowa
5state civil rights commission, and members of the employment
6appeal board, and administrator of the child advocacy board
7created in section 237.16. All persons appointed and employed
8in the department are covered by the provisions of chapter
98A, subchapter IV, but persons not appointed by the director
10are exempt from the merit system provisions of chapter 8A,
11subchapter IV.
125. Adopt Except for rules required or authorized by law
13to be adopted by another entity, adopt rules deemed necessary
14for the implementation and administration of this chapter in
15accordance with chapter 17A.
16 Sec. 1430. Section 10A.104, Code 2023, is amended by adding
17the following new subsections:
18 NEW SUBSECTION. 15. To adopt rules, in consultation with
19the state fire marshal, designating a fee to be assessed
20to each building, structure, or facility for which a fire
21safety inspection or plan review is required by law. The fee
22designated by rule shall be set in an amount that is reasonably
23related to the costs of conducting the applicable inspection
24or plan review. The fees collected shall be deposited in the
25general fund of the state.
26 NEW SUBSECTION. 16. Serve as the state building code
27commissioner pursuant to section 103A.4 and administer chapters
28101, 101A, 101B, 103, 103A, 104A, 104B, and 105.
29 NEW SUBSECTION. 17. Establish, publish, and enforce
30rules not inconsistent with law for the enforcement of those
31provisions of Title IV, subtitle 2, the administration and
32supervision of which are imposed upon the department.
33 NEW SUBSECTION. 18. Enforce the law relative to
34“Health-related Professions”, Title IV, subtitle 3, excluding
35chapter 147A.
-914-1 NEW SUBSECTION. 19. Regulate and supervise real estate
2appraisers under chapter 543D and real estate appraisal
3management companies under chapter 543E.
4 Sec. 1431. Section 10A.106, Code 2023, is amended to read
5as follows:
610A.106 Divisions of the department.
71. The department is comprised of the following divisions:
8a. Administrative administrative hearings division.
9b. Investigations, labor services division.
10c. Health facilities, workers’ compensation division, and
11other divisions as appropriate.
122. The allocation of departmental duties to the divisions of
13the department in sections 10A.402, 10A.702, sections 10A.202,
1410A.301, and 10A.801 does not prohibit the director from
15reallocating departmental duties within the department.
16 Sec. 1432. NEW SECTION. 10A.109 Statutory board,
17commission, committee, or council — teleconference option.
18Any statutorily established board, commission, committee,
19or council established under the purview of the department
20relative to “Health-related Professions”, Title IV, subtitle
213, excluding chapter 147A, shall provide for a teleconference
22option for board, commission, committee, or council members to
23participate in official meetings.
24 Sec. 1433. Section 10A.402, unnumbered paragraph 1, Code
252023, is amended to read as follows:
26The administrator director shall coordinate the division’s
27 department’s conduct of various audits and investigations as
28provided by law including but not limited to the following:
29 Sec. 1434. Section 10A.403, Code 2023, is amended to read
30as follows:
3110A.403 Investigators — peace officer status.
32Investigators of the division department shall have the
33powers and authority of peace officers when acting within the
34scope of their responsibilities to conduct investigations as
35specified in section 10A.402, subsection 5. An investigator
-915-1shall not carry a weapon to perform responsibilities as
2described in this section.
3 Sec. 1435. Section 10A.601, subsection 1, Code 2023, is
4amended to read as follows:
51. A full-time employment appeal board is created within the
6department of inspections, and appeals, and licensing, to hear
7and decide contested cases under chapter 8A, subchapter IV, and
8chapters 80, 88, 91C, 96, and 97B.
9 Sec. 1436. Section 10A.702, unnumbered paragraph 1, Code
102023, is amended to read as follows:
11The administrator director shall coordinate the division’s
12 department’s conduct of various inspections and investigations
13as otherwise provided by law including, but not limited to, all
14of the following:
15 Sec. 1437. Section 10A.702, subsection 2, Code 2023, is
16amended to read as follows:
172. Inspections and other licensing procedures relative to
18the hospice program, hospitals, and health care facilities.
19The division department is designated as the sole licensing
20authority for these programs and facilities.
21 Sec. 1438. Section 10A.801, subsection 1, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23For purposes of this article subchapter, unless the context
24otherwise requires:
25 Sec. 1439. Section 10A.801, subsection 1, paragraph b, Code
262023, is amended to read as follows:
27b. “Division” means the administrative hearings division of
28the department of inspections, and appeals, and licensing.
29 Sec. 1440. Section 84A.1, subsection 3, Code 2023, is
30amended to read as follows:
313. a. The director of the department of workforce
32development shall, subject to the requirements of section
3384A.1B, prepare, administer, and control the budget of the
34department and its divisions and shall approve the employment
35of all personnel of the department and its divisions.
-916- 1b. The director of the department of workforce development
2shall direct the administrative and compliance functions and
3control the docket of the division of workers’ compensation.
4 Sec. 1441. Section 84A.5, subsections 4 and 5, Code 2023,
5are amended by striking the subsections.
6 Sec. 1442. REPEAL. Sections 10A.401 and 10A.701, Code 2023,
7are repealed.
8 Sec. 1443. CODE EDITOR DIRECTIVE.
91. The Code editor is directed to make the following
10transfers:
11a. Section 135.61 to section 10A.711.
12b. Section 135.62 to section 10A.712.
13c. Section 135.63 to section 10A.713.
14d. Section 135.64 to section 10A.714.
15e. Section 135.65 to section 10A.715.
16f. Section 135.66 to section 10A.716.
17g. Section 135.67 to section 10A.717.
18h. Section 135.68 to section 10A.718.
19i. Section 135.69 to section 10A.719.
20j. Section 135.70 to section 10A.720.
21k. Section 135.71 to section 10A.721.
22l. Section 135.72 to section 10A.722.
23m. Section 135.73 to section 10A.723.
24n. Section 135.74 to section 10A.724.
25o. Section 135.75 to section 10A.725.
26p. Section 135.76 to section 10A.726.
27q. Section 135.78 to section 10A.727.
28r. Section 135.79 to section 10A.728.
29s. Section 135.83 to section 10A.729.
302. The Code editor is directed to rename and retitle article
31I of chapter 10A as follows:
32Subchapter I GENERAL PROVISIONS
333. The Code editor is directed to rename and retitle article
34IV of chapter 10A as follows:
35Subchapter IV INVESTIGATIONS
-917- 14. The Code editor is directed to rename article VI of
2chapter 10A as subchapter VI.
35. The Code editor is directed to rename and retitle article
4VII of chapter 10A and designate parts as follows:
5a. Subchapter VII shall be entitled HEALTH FACILITIES and
6include sections 10A.702 through 10A.729.
7b. Subchapter VII, part 1, shall be entitled GENERAL
8PROVISIONS and include section 10A.702.
9c. Subchapter VII, part 2, shall be entitled HEALTH
10FACILITIES COUNCIL and include sections 10A.711 through
1110A.729.
126. The Code editor is directed to rename article VIII of
13chapter 10A as subchapter VIII.
147. The Code editor shall correct internal references in the
15Code and in any enacted legislation as necessary due to the
16enactment of this section.
17LABOR SERVICES
18 Sec. 1444. NEW SECTION. 10A.200 Definitions.
19As used in this subchapter, unless the context otherwise
20requires:
211. “Commissioner” means the labor commissioner appointed
22pursuant to section 10A.203, or the commissioner’s designee.
232. “Division” means the division of labor services of the
24department of inspections, appeals, and licensing.
25 Sec. 1445. NEW SECTION. 10A.202 Labor services —
26responsibilities.
271. The division is responsible for the administration of
28the laws of this state under chapters 88 and 89B and sections
2985.67A and 85.68, and such other duties assigned to the
30division or commissioner. The executive head of the division
31is the commissioner, appointed pursuant to section 10A.203.
322. The department is responsible for the administration of
33the laws of this state under chapters 88A, 88B, 89, 89A, 90A,
3491A, 91C, 91D, 91E, 92, and such other labor-services duties
35assigned to the department or director.
-918-1 Sec. 1446. Section 73A.21, subsection 1, paragraphs a and b,
2Code 2023, are amended by striking the paragraphs.
3 Sec. 1447. Section 73A.21, subsections 5, 6, 8, and 9, Code
42023, are amended to read as follows:
55. The commissioner director and the division department
6 shall administer and enforce this section, and the commissioner
7 director shall adopt rules for the administration and
8enforcement of this section as provided in section 91.6.
96. The commissioner director shall have the following
10powers and duties for the purposes of this section:
11a. The commissioner director may hold hearings and
12investigate charges of violations of this section.
13b. The commissioner director may, consistent with due
14process of law, enter any place of employment to inspect
15records concerning labor force residency, to question
16an employer or employee, and to investigate such facts,
17conditions, or matters as are deemed appropriate in determining
18whether any person has violated the provisions of this section.
19The commissioner director shall only make such an entry in
20response to a written complaint.
21c. The commissioner director shall develop a written
22complaint form applicable to this section and make it available
23in division department offices and on the department of
24workforce development’s department’s internet site.
25d. The commissioner director may sue for injunctive relief
26against the awarding of a contract, the undertaking of a public
27improvement, or the continuation of a public improvement in
28response to a violation of this section.
29e. The commissioner director may investigate and ascertain
30the residency of a worker engaged in any public improvement in
31this state.
32f. The commissioner director may administer oaths, take
33or cause to be taken deposition of witnesses, and require
34by subpoena the attendance and testimony of witnesses and
35the production of all books, registers, payrolls, and other
-919-1evidence relevant to a matter under investigation or hearing.
2g. The commissioner director may employ qualified personnel
3as are necessary for the enforcement of this section. Such
4personnel shall be employed pursuant to the merit system
5provisions of chapter 8A, subchapter IV.
6h. The commissioner director shall require a contractor or
7subcontractor to file, within ten days of receipt of a request,
8any records enumerated in subsection 7. If the contractor or
9subcontractor fails to provide the requested records within ten
10days, the commissioner director may direct, within fifteen days
11after the end of the ten-day period, the fiscal or financial
12office charged with the custody and disbursement of funds of
13the public body that contracted for construction of the public
14improvement or undertook the public improvement, to immediately
15withhold from payment to the contractor or subcontractor
16up to twenty-five percent of the amount to be paid to the
17contractor or subcontractor under the terms of the contract
18or written instrument under which the public improvement is
19being performed. The amount withheld shall be immediately
20released upon receipt by the public body of a notice from
21the commissioner indicating that the request for records as
22required by this section has been satisfied.
238. Any person or entity that violates the provisions of
24this section is subject to a civil penalty in an amount not
25to exceed one thousand dollars for each violation found in
26a first investigation by the division department, not to
27exceed five thousand dollars for each violation found in a
28second investigation by the division department, and not to
29exceed fifteen thousand dollars for a third or subsequent
30violation found in any subsequent investigation by the division
31 department. Each violation of this section for each worker and
32for each day the violation continues constitutes a separate and
33distinct violation. In determining the amount of the penalty,
34the division department shall consider the appropriateness of
35the penalty to the person or entity charged, upon determination
-920-1of the gravity of the violations. The collection of these
2penalties shall be enforced in a civil action brought by the
3attorney general on behalf of the division department.
49. A party seeking review of the division’s department’s
5 determination pursuant to this section may file a written
6request for an informal conference. The request must be
7received by the division department within fifteen days
8after the date of issuance of the division’s department’s
9 determination. During the conference, the party seeking
10review may present written or oral information and arguments
11as to why the division’s department’s determination should be
12amended or vacated. The division department shall consider
13the information and arguments presented and issue a written
14decision advising all parties of the outcome of the conference.
15 Sec. 1448. Section 91.2, Code 2023, is amended to read as
16follows:
1791.2 Appointment Labor commissioner — appointment.
18The governor shall appoint, subject to confirmation by the
19senate, a labor commissioner who shall serve for a period of
20six years beginning and ending as provided in section 69.19 at
21the pleasure of the governor. If the office becomes vacant,
22the vacancy shall be filled in the same manner as provided for
23the original appointment.
24 Sec. 1449. Section 91.4, Code 2023, is amended to read as
25follows:
2691.4 Duties and powers — labor services.
271. The duties of said the commissioner or director, as
28applicable, pursuant to this subchapter shall be as follows:
29a. To safely keep all records, papers, documents,
30correspondence, and other property pertaining to or coming into
31the commissioner’s or director’s hands by virtue of the office,
32and deliver the same to the commissioner’s or director’s
33 successor, except as otherwise provided.
34b. To collect, assort, and systematize statistical details
35relating to programs of the division of labor services or
-921-1department under this subchapter.
2c. To issue from time to time bulletins containing
3information of importance to the industries of the state and
4to the safety of wage earners.
5d. To conduct and to cooperate with other interested persons
6and organizations in conducting educational programs and
7projects on employment safety.
8e. 2. To The commissioner shall serve as an ex officio
9member of the state fire service and emergency response council
10created in section 100B.1, or shall appoint a designee to serve
11as an ex officio member of such council, to assist the council
12in the development of rules relating to fire fighting training
13standards and any other issues relating to occupational safety
14and health standards for fire fighters.
152. 3. The director of the department of workforce
16development, in consultation with the labor commissioner,
17shall, at the time provided by law, make an annual report to
18the governor setting forth in appropriate form the business and
19expense of the division of labor services and department under
20this subchapter for the preceding year, the number of remedial
21actions taken under chapter 89A, the number of disputes or
22violations processed by the division or department and the
23disposition of the disputes or violations, and other matters
24pertaining to the division or department under this subchapter
25 which are of public interest, together with recommendations for
26change or amendment of the laws in this chapter and chapters
2788, 88A, 88B, 89, 89A, 89B, 90A, 91A, 91C, 91D, 91E, and
28 92, and 94A, and section sections 85.67A, and 85.68, and the
29recommendations, if any, shall be transmitted by the governor
30to the first general assembly in session after the report is
31filed.
323. 4. The commissioner or director, as applicable, with the
33assistance of the office of the attorney general if requested
34by the commissioner or director, may commence a civil action
35in any court of competent jurisdiction to enforce the statutes
-922-1under the commissioner’s or director’s jurisdiction under this
2subchapter.
34. 5. The division of labor services or department, as
4applicable, may sell documents printed by the division or
5department as it relates to this subchapter at cost according
6to rules established by the labor commissioner or director
7 pursuant to chapter 17A. Receipts from the sale shall be
8deposited to the credit of the division department and may
9be used by the division for administrative expenses of the
10division and department under this subchapter.
115. 6. Except as provided in chapter 91A, the commissioner
12or director, as applicable, may recover interest, court costs,
13and any attorney fees incurred in recovering any amounts due
14under this subchapter. The recovery shall only take place
15after final agency action is taken under chapter 17A, or upon
16judicial review, after final disposition of the case by the
17court. Attorney fees recovered in an action brought under
18the jurisdiction of the commissioner or director under this
19subchapter shall be deposited in the general fund of the state.
20The commissioner is and director are exempt from the payment of
21any filing fee or other court costs including but not limited
22to fees paid to county sheriffs.
236. 7. The commissioner or director may establish rules
24pursuant to chapter 17A to assess and collect interest on fees,
25penalties, and other amounts due the division or department,
26as applicable, under this subchapter. The commissioner or
27director may delay or, following written notice, deny the
28issuance of a license, commission, registration, certificate,
29or permit authorized under chapter 88A, 89, 89A, 90A, or
30 91C, or 94A if the applicant for the license, commission,
31registration, certificate, or permit owes a liquidated debt to
32the commissioner or director.
33 Sec. 1450. Section 91.5, Code 2023, is amended to read as
34follows:
3591.5 Other duties — jurisdiction in general.
-923- 1The As provided by this subchapter, the commissioner
2or director shall have jurisdiction and it shall be the
3commissioner’s or director’s duty to supervise the enforcement
4of:
51. All laws relating to safety appliances and inspection
6thereof and health conditions in manufacturing and mercantile
7establishments, workshops, machine shops, other industrial
8concerns within the commissioner’s jurisdiction and sanitation
9and shelter for railway employees.
102. All laws of the state relating to child labor.
113. All laws relating to employment agencies.
124. Such other provisions of law as are now or shall
13hereafter be relating to this subchapter within the
14commissioner’s or director’s jurisdiction.
15 Sec. 1451. Section 91.6, Code 2023, is amended to read as
16follows:
1791.6 Rules Labor commissioner — rules.
18The commissioner shall adopt rules pursuant to chapter 17A
19for the purpose of administering this chapter and all other
20 chapters under the commissioner’s jurisdiction as provided in
21section 10A.202, subsection 1.
22 Sec. 1452. Section 91.8, Code 2023, is amended to read as
23follows:
2491.8 Traveling expenses.
25The director, commissioner, inspectors, and other employees
26of the office division or department shall be allowed their
27necessary traveling expenses while in the discharge of their
28duties under this subchapter.
29 Sec. 1453. Section 91.9, Code 2023, is amended to read as
30follows:
3191.9 Right to enter premises.
32The labor director, commissioner, and the inspectors shall
33have the power to enter any factory or mill, workshop, mine,
34store, railway facility, including locomotive or caboose,
35business house, or public or private work, when the same is
-924-1open or in operation, for the purpose of gathering facts and
2statistics such as are contemplated by this chapter subchapter,
3and to examine into the methods of protection from danger to
4employees, and the sanitary conditions in and around such
5buildings and places, and make a record thereof.
6 Sec. 1454. Section 91.10, Code 2023, is amended to read as
7follows:
891.10 Power to secure evidence.
9The labor director or commissioner, or the commissioner’s
10designee as applicable, may issue subpoenas, administer
11oaths, and take testimony in all matters relating to the
12duties required of them the director or commissioner under
13this subchapter. Witnesses subpoenaed and testifying before
14the director or commissioner or the commissioner’s designee
15 shall be paid the same fees as witnesses under section 622.69,
16payment to be made out of the funds appropriated to the
17department or division of labor services, as applicable.
18 Sec. 1455. Section 91.11, Code 2023, is amended to read as
19follows:
2091.11 Prosecutions for violations — labor services.
211. If the director or commissioner learns of any violation
22of any law administered by the department or division under
23this subchapter, the director or commissioner may give the
24county attorney of the county in which the violation occurred
25written notice of the facts, whereupon that officer shall
26institute the proper proceedings against the person charged
27with the offense.
282. If the director or commissioner is of the opinion
29that the violation is not willful, or is an oversight or of
30a trivial nature, the director or commissioner may at the
31director’s or commissioner’s discretion fix a time within
32which the violation shall be corrected and notify the owner,
33operator, superintendent, or person in charge. If the
34violation is corrected within the time fixed, then the director
35or commissioner shall not cause prosecution to be begun.
-925-1 Sec. 1456. Section 91.15, Code 2023, is amended to read as
2follows:
391.15 Definition of additional terms.
4The expressions “factory”, “mill”, “workshop”, “mine”,
5“store”, “railway”, “business house”, and “public or private
6work”, as used in this chapter subchapter, shall be construed
7to mean any factory, mill, workshop, mine, store, railway,
8business house, or public or private work, where wage earners
9are employed for a compensation.
10 Sec. 1457. Section 91.16, Code 2023, is amended to read as
11follows:
1291.16 Violations — penalties.
13Persons violating any of the provisions of this chapter
14 subchapter shall be punished as in this section provided,
15respectively:
161. Any owner, superintendent, manager, or person in charge
17of any factory, mill, workshop, store, mine, hotel, restaurant,
18cafe, railway, business house, or public or private work, who
19shall refuse to allow the labor director, commissioner, or any
20inspector or employee of the department or division of labor
21services to enter the same, or who shall hinder or deter the
22director, commissioner, inspector, or employee in collecting
23information which it is that person’s duty to collect shall be
24guilty of a simple misdemeanor.
252. Any officer or employee of the department or division
26of labor services, or any person making unlawful use of names
27or information obtained under this subchapter by virtue of the
28person’s office, shall be guilty of a serious misdemeanor.
293. Any owner, operator, or manager of a factory, mill,
30workshop, mine, store, railway, business house, or public or
31private work, who shall neglect or refuse for thirty days
32after receipt of notice from the director or commissioner to
33furnish any reports or returns the director or commissioner may
34require to enable the director or commissioner to discharge the
35director’s or commissioner’s duties under this subchapter shall
-926-1be guilty of a simple misdemeanor.
2 Sec. 1458. REPEAL. Section 91.1, Code 2023, is repealed.
3 Sec. 1459. CODE EDITOR DIRECTIVE.
41. The Code editor is directed to make the following
5transfers:
6a. Section 91.2 to section 10A.203.
7b. Section 91.4 to section 10A.204.
8c. Section 91.5 to section 10A.205.
9d. Section 91.6 to section 10A.206.
10e. Section 91.8 to section 10A.207.
11f. Section 91.9 to section 10A.208.
12g. Section 91.10 to section 10A.209.
13h. Section 91.11 to section 10A.210.
14i. Section 91.15 to section 10A.201.
15j. Section 91.16 to section 10A.211.
16k. Section 73A.21 to section 8A.311B.
172.The Code editor is directed to rename article II in
18chapter 10A as follows:
19Article II shall be subchapter II and shall be entitled
20“Labor Services” and include sections 10A.200 through 10A.211.
213. The Code editor may modify subchapter titles if necessary
22and is directed to correct internal references in the Code as
23necessary due to enactment of this section.
24WORKERS’ COMPENSATION
25 Sec. 1460. NEW SECTION. 10A.301 Definitions.
26As used in this subchapter, unless the context otherwise
27requires:
281. “Commissioner” means the workers’ compensation
29commissioner appointed pursuant to section 86.1, or the
30commissioner’s designee.
312. “Division” means the division of workers’ compensation of
32the department of inspections, appeals, and licensing.
33 Sec. 1461. NEW SECTION. 10A.302 Workers’ compensation —
34responsibilities.
35The division is responsible for the administration of the
-927-1laws of this state relating to workers’ compensation under this
2subchapter and chapters 85, 85A, 85B, and 87. The executive
3head of the division is the workers’ compensation commissioner,
4appointed pursuant to section 86.1.
5 Sec. 1462. Section 86.1, Code 2023, is amended to read as
6follows:
786.1 Workers’ compensation commissioner — term appointment.
8The governor shall appoint, subject to confirmation by the
9senate, a workers’ compensation commissioner whose term of
10office who shall be six years beginning and ending as provided
11in section 69.19 serve at the pleasure of the governor. The
12workers’ compensation commissioner shall maintain an office
13at the seat of government. If the office becomes vacant, the
14vacancy shall be filled in the same manner as provided for the
15original appointment. The workers’ compensation commissioner
16must be a lawyer admitted to practice in this state.
17 Sec. 1463. Section 86.7, Code 2023, is amended to read as
18follows:
1986.7 Interest in affected business.
20It shall be unlawful for the commissioner to be financially
21interested in any business enterprise coming under or affected
22by this chapter subchapter during the commissioner’s term of
23office, and if the commissioner violates this statute, it shall
24be sufficient grounds for removal from office, and in such
25case the governor shall at once declare the office vacant and
26appoint another to fill the vacancy.
27 Sec. 1464. Section 86.8, subsection 1, paragraph a, Code
282023, is amended to read as follows:
29a. Adopt and enforce rules necessary to implement this
30chapter subchapter and chapters 85, 85A, 85B, and 87.
31 Sec. 1465. Section 86.9, subsections 1 and 2, Code 2023, are
32amended to read as follows:
331. The director of the department of workforce development,
34in consultation with the commissioner, shall, at the time
35provided by law, make an annual report to the governor setting
-928-1forth in appropriate form the business and expense of the
2division of workers’ compensation for the preceding year, the
3number of claims processed by the division and the disposition
4of the claims, and other matters pertaining to the division
5which are of public interest, together with recommendations
6for change or amendment of the laws in this chapter subchapter
7 and chapters 85, 85A, 85B, and 87, and the recommendations, if
8any, shall be transmitted by the governor to the first general
9assembly in session after the report is filed.
102. The commissioner, after consultation with the director
11of the department of workforce development, may compile an
12annual report setting forth the final decisions, rulings, and
13orders of the division for the preceding year and setting forth
14other matters or information which the commissioner considers
15desirable for publication.
16 Sec. 1466. Section 86.13, subsection 1, Code 2023, is
17amended to read as follows:
181. If an employer or insurance carrier pays weekly
19compensation benefits to an employee, the employer or insurance
20carrier shall file with the workers’ compensation commissioner
21in the form and manner required by the workers’ compensation
22commissioner a notice of the commencement of the payments.
23The payments establish conclusively that the employer and
24insurance carrier have notice of the injury for which benefits
25are claimed but the payments do not constitute an admission of
26liability under this chapter subchapter or chapter 85, 85A, or
2785B.
28 Sec. 1467. Section 86.13, subsection 4, paragraph a, Code
292023, is amended to read as follows:
30a. If a denial, a delay in payment, or a termination of
31benefits occurs without reasonable or probable cause or excuse
32known to the employer or insurance carrier at the time of
33the denial, delay in payment, or termination of benefits,
34the workers’ compensation commissioner shall award benefits
35in addition to those benefits payable under this chapter
-929-1 subchapter, or chapter 85, 85A, or 85B, up to fifty percent of
2the amount of benefits that were denied, delayed, or terminated
3without reasonable or probable cause or excuse.
4 Sec. 1468. Section 86.17, Code 2023, is amended to read as
5follows:
686.17 Hearings — presiding officer — venue.
71. Notwithstanding the provisions of section 17A.11,
8the workers’ compensation commissioner or a deputy workers’
9compensation commissioner shall preside over any contested case
10proceeding brought under this chapter subchapter, or chapter
1185, 85A, or 85B in the manner provided by chapter 17A. The
12deputy commissioner or the commissioner may make such inquiries
13in contested case proceedings as shall be deemed necessary, so
14long as such inquiries do not violate any of the provisions of
15section 17A.17.
162. Hearings in contested case proceedings under this
17subchapter and chapters 85, and 85A and this chapter shall be
18held in the judicial district where the injury occurred. By
19written stipulation of the parties or by the order of a deputy
20workers’ compensation commissioner or the commissioner, a
21hearing may be held elsewhere. If the injury occurred outside
22this state, or if the proceeding is not one for benefits
23resulting from an injury, hearings shall be held in Polk county
24or as otherwise stipulated by the parties or by order of a
25deputy workers’ compensation commissioner or the workers’
26compensation commissioner.
27 Sec. 1469. Section 86.18, subsection 1, Code 2023, is
28amended to read as follows:
291. Evidence, process and procedure in contested case
30proceedings or appeal proceedings within the agency under this
31chapter, subchapter and chapters 85 and 85A shall be as summary
32as practicable consistent with the requirements of chapter 17A.
33 Sec. 1470. Section 86.19, subsection 1, Code 2023, is
34amended to read as follows:
351. The workers’ compensation commissioner, or a deputy
-930-1commissioner, may appoint or may direct a party to furnish at
2the party’s initial expense a certified shorthand reporter
3to be present and report, or to furnish mechanical means
4to record, and if necessary, transcribe proceedings of any
5contested case under this chapter, subchapter and chapters 85
6and 85A and fix the reasonable amount of compensation for such
7service. The charges shall be taxed as costs and the party
8initially paying the expense of the presence or transcription
9shall be reimbursed. The reporter shall faithfully and
10accurately report the proceedings.
11 Sec. 1471. Section 86.24, subsection 1, Code 2023, is
12amended to read as follows:
131. Any party aggrieved by a decision, order, ruling, finding
14or other act of a deputy commissioner in a contested case
15proceeding arising under this chapter subchapter or chapter 85
16or 85A may appeal to the workers’ compensation commissioner
17in the time and manner provided by rule. The hearing on an
18appeal shall be in Polk county unless the workers’ compensation
19commissioner shall direct the hearing be held elsewhere.
20 Sec. 1472. Section 86.26, subsection 1, Code 2023, is
21amended to read as follows:
221. Judicial review of decisions or orders of the workers’
23compensation commissioner may be sought in accordance
24with chapter 17A. Notwithstanding chapter 17A, the Iowa
25administrative procedure Act, petitions for judicial review
26may be filed in the district court of the county in which the
27hearing under section 86.17 was held, the workers’ compensation
28commissioner shall transmit to the reviewing court the original
29or a certified copy of the entire record of the contested case
30which is the subject of the petition within thirty days after
31receiving written notice from the party filing the petition
32that a petition for judicial review has been filed, and an
33application for stay of agency action during the pendency of
34judicial review shall not be filed in the division of workers’
35compensation of the department of workforce development
-931-1 but shall be filed with the district court. Such a review
2proceeding shall be accorded priority over other matters
3pending before the district court.
4 Sec. 1473. Section 86.29, Code 2023, is amended to read as
5follows:
686.29 The judicial review petition.
7Notwithstanding chapter 17A, the Iowa administrative
8procedure Act, in a petition for judicial review of a decision
9of the workers’ compensation commissioner in a contested case
10under this chapter subchapter or chapter 85, 85A, 85B, or 87,
11the opposing party shall be named the respondent, and the
12agency shall not be named as a respondent.
13 Sec. 1474. Section 86.39, Code 2023, is amended to read as
14follows:
1586.39 Fees — approval.
161. All fees or claims for legal, medical, hospital, and
17burial services rendered under this chapter subchapter and
18chapters 85, 85A, 85B, and 87 are subject to the approval of
19the workers’ compensation commissioner. For services rendered
20in the district court and appellate courts, the attorney fee is
21subject to the approval of a judge of the district court.
222. An attorney shall not recover fees for legal services
23based on the amount of compensation voluntarily paid or agreed
24to be paid to an employee for temporary or permanent disability
25under this chapter subchapter, or chapter 85, 85A, 85B, or
2687. An attorney shall only recover a fee based on the amount
27of compensation that the attorney demonstrates would not have
28been paid to the employee but for the efforts of the attorney.
29Any disputes over the recovery of attorney fees under this
30subsection shall be resolved by the workers’ compensation
31commissioner.
32 Sec. 1475. Section 86.43, Code 2023, is amended to read as
33follows:
3486.43 Judgment — modification.
35Upon the presentation to the court of a file-stamped copy
-932-1of a decision of the workers’ compensation commissioner,
2ending, diminishing, or increasing the compensation under the
3provisions of this chapter subchapter, the court shall revoke
4or modify the decree or judgment to conform to such decision.
5 Sec. 1476. Section 86.44, Code 2023, is amended to read as
6follows:
786.44 Confidentiality.
81. All verbal or written information relating to the subject
9matter of an agreement and transmitted between any party to
10a dispute and a mediator to resolve a dispute pursuant to
11this chapter subchapter or chapter 85, 85A, or 85B, during
12any stage of a mediation or a dispute resolution process
13conducted by a mediator as provided in this section, whether
14reflected in notes, memoranda, or other work products in the
15case files, is a confidential communication except as otherwise
16expressly provided in this chapter. Mediators involved in
17a mediation or a dispute resolution process shall not be
18examined in any judicial or administrative proceeding regarding
19confidential communications and are not subject to judicial or
20administrative process requiring the disclosure of confidential
21communications.
222. For purposes of this section, “mediator” means a chief
23deputy workers’ compensation commissioner or deputy workers’
24compensation commissioner acting in the capacity to resolve a
25dispute pursuant to this chapter subchapter or chapter 85, 85A,
26or 85B, or an employee of the division of workers’ compensation
27involved during any stage of a process to resolve a dispute.
28 Sec. 1477. CODE EDITOR DIRECTIVE.
291. The Code editor is directed to make the following
30transfers:
31a. Section 86.1 to section 10A.303.
32b. Section 86.2 to section 10A.304.
33c. Section 86.3 to section 10A.305.
34d. Section 86.4 to section 10A.306.
35e. Section 86.5 to section 10A.307.
-933- 1f. Section 86.6 to section 10A.308.
2g. Section 86.7 to section 10A.309.
3h. Section 86.8 to section 10A.310.
4i. Section 86.9 to section 10A.311.
5j. Section 86.10 to section 10A.312.
6k. Section 86.11 to section 10A.313.
7l. Section 86.12 to section 10A.314.
8m. Section 86.13 to section 10A.315.
9n. Section 86.13A to section 10A.316.
10o. Section 86.14 to section 10A.317.
11p. Section 86.17 to section 10A.318.
12q. Section 86.18 to section 10A.319.
13r. Section 86.19 to section 10A.320.
14s. Section 86.24 to section 10A.321.
15t. Section 86.26 to section 10A.322.
16u. Section 86.27 to section 10A.323.
17v. Section 86.29 to section 10A.324.
18w. Section 86.32 to section 10A.325.
19x. Section 86.38 to section 10A.326.
20y. Section 86.39 to section 10A.327.
21z. Section 86.40 to section 10A.328.
22aa. Section 86.41 to section 10A.329.
23ab. Section 86.42 to section 10A.330.
24ac. Section 86.43 to section 10A.331.
25ad. Section 86.44 to section 10A.332.
26ae. Section 86.45 to section 10A.333.
272.The Code editor is directed to rename article III in
28chapter 10A as follows:
29Article III shall be subchapter III and shall be entitled
30“Workers’ Compensation” and include sections 10A.301 through
3110A.333.
323. The Code editor may modify subchapter titles if necessary
33and is directed to correct internal references in the Code as
34necessary due to enactment of this section.
35LICENSING AND REGULATION ACTIVITIES
-934-1 Sec. 1478. NEW SECTION. 10A.502 Responsibilities.
2The director shall coordinate the department’s conduct of
3various licensing and regulatory functions of the state under
4the administrative authority of the department including but
5not limited to all of the following:
61. Licensing and regulation of certain fire control and
7building code-related activities and professions.
82. Licensing and regulation of certain health-related
9professions.
103. Licensing and regulation of certain business and
11commerce-related professions.
12 Sec. 1479. NEW SECTION. 10A.511 Fire control duties.
13The duties of the director as it relates to fire control
14shall be as follows:
151. To enforce all laws, and the rules and regulations of the
16department concerned with all of the following:
17a. The prevention of fires.
18b. The storage, transportation, handling, and use of
19flammable liquids, combustibles, fireworks, and explosives.
20c. The storage, transportation, handling, and use of liquid
21petroleum gas.
22d. The electric wiring and heating, and adequate means of
23exit in case of fire, from churches, schools, hotels, theaters,
24amphitheaters, asylums, hospitals, health care facilities as
25defined in section 135C.1, college buildings, lodge halls,
26public meeting places, and all other structures in which
27persons congregate from time to time, whether publicly or
28privately owned.
292. To promote fire safety and reduction of loss by fire
30through educational methods.
313. To promulgate fire safety rules in consultation with the
32state fire marshal. The director shall have exclusive right
33to promulgate fire safety rules as they apply to enforcement
34or inspection requirements by the department, but the rules
35shall be promulgated pursuant to chapter 17A. Wherever by
-935-1any statute the director or the department is authorized
2or required to promulgate, proclaim, or amend rules and
3minimum standards regarding fire hazards or fire safety or
4protection in any establishment, building, or structure, the
5rules and standards shall promote and enforce fire safety,
6fire protection, and the elimination of fire hazards as the
7rules may relate to the use, occupancy, and construction
8of the buildings, establishments, or structures. The word
9“construction” shall include but is not limited to electrical
10wiring, plumbing, heating, lighting, ventilation, construction
11materials, entrances and exits, and all other physical
12conditions of the building which may affect fire hazards,
13safety, or protection. The rules and minimum standards shall
14be in substantial compliance except as otherwise specifically
15provided in this chapter, with the standards of the national
16fire protection association relating to fire safety as
17published in the national fire codes.
184. To adopt rules designating a fee to be assessed to
19each building, structure, or facility for which a fire safety
20inspection or plan review by the director is required by law.
21The fee designated by rule shall be set in an amount that is
22reasonably related to the costs of conducting the applicable
23inspection or plan review. The fees collected by the
24department shall be deposited in the general fund of the state.
255. To administer the fire extinguishing system contractor,
26alarm system contractor, and alarm system installer
27certification program established in chapter 100C.
286. To order the suspension of the use of consumer fireworks,
29display fireworks, or novelties, as described in section 727.2,
30if the state fire marshal determines that the use of such
31devices would constitute a threat to public safety.
32 Sec. 1480. NEW SECTION. 10A.512 Inspections.
33The director, and the director’s designated subordinates,
34in the performance of their duties under this part, shall have
35authority to enter any building or premises and to examine the
-936-1same and the contents thereof.
2 Sec. 1481. NEW SECTION. 10A.533 Enforcement.
31. If any local board, as defined in section 135.1, shall
4fail to enforce the rules of the department under this part or
5carry out the department’s lawful directions under this part,
6the department may enforce the same within the territorial
7jurisdiction of such local board, and for that purpose it may
8exercise all of the powers given by statute to the local board,
9and may employ the necessary assistants to carry out its lawful
10directions.
112. All expenses incurred by the department in determining
12whether its rules are enforced by a local board under this
13part, and in enforcing the same when a local board has failed
14to do so, shall be paid in the same manner as the expenses of
15enforcing such rules when enforced by the local board.
163. All peace officers of the state when called upon by the
17department shall enforce the department’s rules under this part
18and execute the lawful orders of the department under this part
19within their respective jurisdictions.
20 Sec. 1482. NEW SECTION. 10A.534 Penalties.
211. Any person who knowingly violates any provision of this
22part, or of the rules of the department under this part, or
23any lawful order, written or oral, of the department or of its
24officers, or authorized agents under this part, shall be guilty
25of a simple misdemeanor.
262. Any person resisting or interfering with the department,
27its employees, or authorized agents, in the discharge of any
28duty imposed by law under this part shall be guilty of a simple
29misdemeanor.
30 Sec. 1483. Section 12.83, Code 2023, is amended to read as
31follows:
3212.83 School infrastructure fund moneys — state fire marshal
33 allocation to department of inspections, appeals, and licensing.
34During the term of the school infrastructure program
35established in section 292.2, up to fifty thousand dollars
-937-1of the moneys deposited each fiscal year in the school
2infrastructure fund shall be allocated each fiscal year to the
3department of public safety inspections, appeals, and licensing
4 for the use of the state fire marshal department. The funds
5shall be used by the state fire marshal department solely
6for the purpose of retaining an architect or architectural
7firm to evaluate structures for which school infrastructure
8program grant applications are made, to consult with school
9district representatives, to review construction drawings and
10blueprints, and to perform related duties at the direction of
11the state fire marshal department to ensure the best possible
12use of moneys received by a school district under the school
13infrastructure program. The state fire marshal department
14 shall provide for the review of plans, drawings, and blueprints
15in a timely manner.
16 Sec. 1484. Section 72.5, subsection 2, Code 2023, is amended
17to read as follows:
182. The director of the economic development authority,
19in consultation with the department of management, and the
20 state building code commissioner, and state fire marshal, shall
21develop standards and methods to evaluate design development
22documents and construction documents based upon life cycle cost
23factors to facilitate fair and uniform comparisons between
24design proposals and informed decision making by public bodies.
25 Sec. 1485. Section 88A.11, subsection 2, Code 2023, is
26amended to read as follows:
272. A concession booth, amusement device or ride which is
28owned and operated by a nonprofit religious, educational or
29charitable institution or association if such booth, device or
30ride is located within a building subject to inspection by the
31state fire marshal director or by any political subdivisions
32of the state under its building, fire, electrical, and related
33public safety ordinances.
34 Sec. 1486. Section 100.1, subsections 3, 4, 5, 6, and 7,
35Code 2023, are amended by striking the subsections.
-938-1 Sec. 1487. Section 100.1, subsection 8, Code 2023, is
2amended to read as follows:
38. To recommend to the director of the department of
4inspections, appeals, and licensing, that the director order
5the suspension of the use of consumer fireworks, display
6fireworks, or novelties, as described in section 727.2, if the
7fire marshal determines that the use of such devices would
8constitute a threat to public safety.
9 Sec. 1488. Section 100.11, Code 2023, is amended to read as
10follows:
11100.11 Fire escapes.
12It shall be the duty of the fire marshal director to enforce
13all laws relating to fire escapes.
14 Sec. 1489. Section 100.12, Code 2023, is amended to read as
15follows:
16100.12 Authority for inspection — orders.
17The chief of a fire department or an authorized subordinate
18who is trained in fire prevention safety standards may enter
19a building or premises at a reasonable hour to examine the
20building or premises and its contents. The examining official
21shall order the correction of a condition which is in violation
22of this chapter, a rule adopted under this chapter, or a
23city or county fire safety ordinance. The order shall be
24in writing or, if the danger is imminent, orally followed by
25a written order. The examining official shall enforce the
26order in accordance with the applicable law or ordinance. At
27the request of the examining official the state fire marshal
28 director may assist in an enforcement action.
29 Sec. 1490. Section 100.13, Code 2023, is amended to read as
30follows:
31100.13 Violations — orders.
321. If a person has violated or is violating a provision of
33this chapter or a rule adopted pursuant to this chapter, the
34state fire marshal director, the chief of any fire department,
35or the fire prevention officer of a fire department organized
-939-1under chapter 400 may issue an order directing the person to
2desist in the practice which constitutes the violation and
3to take corrective action as necessary to ensure that the
4violation will cease. The order shall be in writing and shall
5specify a reasonable time by which the person shall comply
6with the order. The person to whom the order is issued may
7appeal the order as provided in chapter 17A. On appeal,
8the administrative law judge may affirm, modify, or vacate
9the order. Judicial review may be sought in accordance with
10chapter 17A.
112. Notwithstanding any other provision of law to the
12contrary, if the state fire marshal director determines that
13an emergency exists respecting any matter affecting or likely
14to affect the public safety, the fire marshal director may
15issue any order necessary to terminate the emergency without
16notice or hearing. An emergency order is binding and effective
17immediately, until or unless the order is modified, vacated, or
18stayed at an administrative hearing or by a district court.
19 Sec. 1491. Section 100.14, Code 2023, is amended to read as
20follows:
21100.14 Legal proceedings — penalties — injunctive relief.
22At the request of the state fire marshal director, the
23county attorney shall institute any legal proceedings on behalf
24of the state necessary to obtain compliance or enforce the
25penalty provisions of this chapter or rules or orders adopted
26or issued pursuant to this chapter, including, but not limited
27to, a legal action for injunctive relief. The county attorney
28or any other attorney acting on behalf of the chief of a fire
29department or a fire prevention officer may institute legal
30proceedings, including, but not limited to, a legal action for
31injunctive relief, to obtain compliance or enforce the penalty
32provisions or orders issued pursuant to section 100.13.
33 Sec. 1492. Section 100.16, Code 2023, is amended to read as
34follows:
35100.16 Judicial review — court costs.
-940- 11. Judicial review of actions of the fire marshal director
2 may be sought in accordance with the terms of the Iowa
3administrative procedure Act pursuant to chapter 17A. If
4legal proceedings have been instituted pursuant to section
5100.14, all related issues which could otherwise be raised in
6a proceeding for judicial review shall be raised in the legal
7proceedings instituted pursuant to section 100.14.
82. Upon judicial review of the fire marshal’s director’s
9 action, if the court affirms the agency action, the court
10shall tax all court costs of the review proceeding against the
11appellant. However, if the court reverses, revokes, or annuls
12the fire marshal’s director’s action, the court shall tax all
13court costs of the review proceeding against the agency. If
14the fire marshal’s director’s action is modified or the matter
15is remanded to the agency for further proceedings, the court
16shall apportion the court costs within the discretion of the
17court.
18 Sec. 1493. Section 100.18, subsections 2, 3, 4, 5, 6, and 7,
19Code 2023, are amended to read as follows:
202. a. Except as provided in subsection 4, multiple-unit
21residential buildings and single-family dwellings the
22construction of which is begun on or after July 1, 1991, shall
23include the installation of smoke detectors in compliance with
24the rules established by the state fire marshal director under
25subsection 5.
26b. The rules shall require the installation of smoke
27detectors in existing single-family rental units and
28multiple-unit residential buildings. Existing single-family
29dwelling units shall be equipped with approved smoke detectors.
30A person who files for a homestead credit pursuant to chapter
31425 shall certify that the single-family dwelling unit for
32which the credit is filed has a smoke detector installed in
33compliance with this section, or that one will be installed
34within thirty days of the date the filing for the credit is
35made. The state fire marshal director shall adopt rules and
-941-1establish appropriate procedures to administer this subsection.
2c. An owner or an owner’s agent of a multiple-unit
3residential building or single-family dwelling shall supply
4light-emitting smoke detectors, upon request, for a tenant who
5is deaf or hard of hearing.
63. a. Multiple-unit residential buildings and single-family
7dwellings, the construction of which is begun on or after
8July 1, 2018, and that have a fuel-fired heater or appliance,
9a fireplace, or an attached garage, shall include the
10installation of carbon monoxide alarms in compliance with the
11rules established by the state fire marshal director under
12subsection 5.
13b. The rules shall require the installation of carbon
14monoxide alarms in existing single-family rental units and
15multiple-unit residential buildings that have a fuel-fired
16heater or appliance, a fireplace, or an attached garage.
17Existing single-family dwellings that have a fuel-fired heater
18or appliance, a fireplace, or an attached garage shall be
19equipped with approved carbon monoxide alarms. For purposes
20of this paragraph, “approved carbon monoxide alarm” means a
21carbon monoxide alarm that meets the standards established by
22the underwriters’ laboratories or is approved by the state fire
23marshal director as established by rule under subsection 5. A
24person who files for a homestead credit pursuant to chapter 425
25shall certify that the single-family dwelling for which the
26credit is filed and that has a fuel-fired heater or appliance,
27a fireplace, or an attached garage, has carbon monoxide alarms
28installed in compliance with this section, or that such alarms
29will be installed within thirty days of the date the filing
30for the credit is made. The state fire marshal director shall
31adopt rules and establish appropriate procedures to administer
32this subsection.
33c. An owner of a multiple-unit residential building or
34a single-family rental unit that has a fuel-fired heater or
35appliance, a fireplace, or an attached garage, or an owner’s
-942-1agent, shall supply light-emitting carbon monoxide alarms, upon
2request, for a tenant who is deaf or hard of hearing.
3d. The owner of a building requiring the installation of
4carbon monoxide alarms under this subsection shall install
5a carbon monoxide alarm in a location as specified by rules
6established by the state fire marshal director under subsection
75, taking into account the number and location of all fuel
8sources in the building.
94. This section does not require the following:
10a. The installation of smoke detectors in multiple-unit
11residential buildings which, on July 1, 1981, are equipped
12with heat detection devices or a sprinkler system with alarms
13approved by the state fire marshal director.
14b. The installation of smoke detectors in hotels, motels,
15and dormitories equipped with an automatic smoke detection
16system approved by the state fire marshal director.
175. The state fire marshal director shall enforce the
18requirements of subsections 2 and 3 and may implement a program
19of inspections to monitor compliance with the provisions of
20those subsections. Upon inspection, the state fire marshal
21 director shall issue a written notice to the owner or manager
22of a multiple-unit residential building or single-family
23rental unit informing the owner or manager of compliance or
24noncompliance with this section. The state fire marshal
25 director may contract with any political subdivision without
26fee assessed to either the state fire marshal director or the
27political subdivision, for the performance of the inspection
28and notification responsibilities. The inspections authorized
29under this section are limited to the placement, repair, and
30operability of smoke detectors and carbon monoxide alarms. Any
31broader inspection authority is not derived from this section.
32The state fire marshal director shall adopt rules under chapter
3317A as necessary to enforce this section including rules
34concerning the placement of smoke detectors and carbon monoxide
35alarms and the use of acceptable smoke detectors and carbon
-943-1monoxide alarms. The smoke detectors and carbon monoxide
2alarms shall display a label or other identification issued
3by an approved testing agency or another label specifically
4approved by the state fire marshal director.
56. The inspection of a building or notification of
6compliance or noncompliance under this section is not the basis
7for a legal cause of action against the political subdivision,
8state fire marshal director, the fire marshal’s director’s
9 subordinates, chiefs of local fire departments, building
10inspectors, or other fire, building, or safety officials due
11to a failure to discover a latent defect in the course of the
12inspection.
137. If a smoke detector or carbon monoxide alarm is found
14to be inoperable, the owner or manager of the multiple-unit
15residential building or single-family rental unit shall correct
16the situation within thirty days after written notification
17to the owner or manager by the tenant, guest, roomer, state
18fire marshal director, fire marshal’s director’s subordinates,
19chiefs of local fire departments, building inspectors, or other
20fire, building, or safety officials. If the owner or manager
21of a multiple-unit residential building or single-family rental
22unit fails to correct the situation within the thirty days
23the tenant, guest, or roomer may cause the smoke detector or
24carbon monoxide alarm to be repaired or purchase and install
25a smoke detector or carbon monoxide alarm required under this
26section and may deduct the repair cost or purchase price from
27the next rental payment or payments made by the tenant, guest,
28or roomer. However, a lessor or owner may require a lessee,
29tenant, guest, or roomer who has a residency of longer than
30thirty days to provide the battery for a battery operated smoke
31detector or carbon monoxide alarm.
32 Sec. 1494. Section 100.19, subsection 2, paragraph a, Code
332023, is amended to read as follows:
34a. The state fire marshal director shall establish a
35consumer fireworks seller license. An application for a
-944-1consumer fireworks seller license shall be made on a form
2provided by the state fire marshal director. The state fire
3marshal director shall adopt rules consistent with this section
4establishing minimum requirements for a retailer or community
5group to be issued a consumer fireworks seller license.
6 Sec. 1495. Section 100.19, subsection 3, paragraph a,
7unnumbered paragraph 1, Code 2023, is amended to read as
8follows:
9The state fire marshal director shall establish a fee
10schedule for consumer fireworks seller licenses as follows:
11 Sec. 1496. Section 100.19, subsection 4, unnumbered
12paragraph 1, Code 2023, is amended to read as follows:
13The state fire marshal director shall adopt rules to:
14 Sec. 1497. Section 100.19, subsections 6, 7, and 8, Code
152023, are amended to read as follows:
166. a. The state fire marshal director shall adopt rules to
17provide that a person’s consumer fireworks seller license may
18be revoked for the intentional violation of this section. The
19proceedings for revocation shall be held before the division of
20the state fire marshal department, which may revoke the license
21or licenses involved as provided in paragraph “b”.
22b. (1) If, upon the hearing of the order to show cause, the
23division of the state fire marshal department finds that the
24licensee intentionally violated this section, then the license
25or licenses under which the licensed retailer or community
26group sells first-class consumer fireworks or second-class
27consumer fireworks, shall be revoked.
28(2) Judicial review of actions of the division of the state
29fire marshal department may be sought in accordance with the
30terms of the Iowa administrative procedure Act, chapter 17A.
31 If the licensee has not filed a petition for judicial review
32in district court, revocation shall date from the thirty-first
33day following the date of the order of the division of the
34state fire marshal department. If the licensee has filed a
35petition for judicial review, revocation shall date from the
-945-1thirty-first day following entry of the order of the district
2court, if action by the district court is adverse to the
3licensee.
4(3) A new license shall not be issued to a person whose
5license has been revoked, or to the business in control of the
6premises on which the violation occurred if it is established
7that the owner of the business had actual knowledge of the
8violation resulting in the license revocation, for the period
9of one year following the date of revocation.
107. a. A consumer fireworks fee fund is created in the
11state treasury under the control of the state fire marshal
12 director. Notwithstanding section 12C.7, interest or earnings
13on moneys in the consumer fireworks fee fund shall be credited
14to the consumer fireworks fee fund. Moneys in the fund are
15appropriated to the state fire marshal director to be used to
16fulfill the responsibilities of the state fire marshal director
17 for the administration and enforcement of this section and
18section 100.19A and to provide grants pursuant to paragraph “b”.
19The fund shall include the fees collected by the state fire
20marshal director under the fee schedule established pursuant to
21subsection 3 and the fees collected by the state fire marshal
22 director under section 100.19A for wholesaler registration.
23b. The state fire marshal director shall establish a local
24fire protection and emergency medical service providers grant
25program to provide grants in the following order of priority:
26(1) Local fire protection service providers and local
27emergency medical service providers to establish or provide
28fireworks safety education programming to members of the
29public, and for the purchase of necessary enforcement,
30protection, or emergency response equipment related to the sale
31and use of consumer fireworks in this state.
32(2) Local volunteer fire protection service providers for
33the purchase of necessary enforcement, protection, or emergency
34response equipment.
358. The state fire marshal director shall adopt rules for the
-946-1administration of this section.
2 Sec. 1498. Section 100.19A, subsections 2 and 3, Code 2023,
3are amended to read as follows:
42. The state fire marshal director shall adopt rules to
5require all wholesalers to annually register with the state
6fire marshal director. The state fire marshal director
7 may also adopt rules to regulate the storage or transfer of
8consumer fireworks by wholesalers and to require wholesalers
9to maintain insurance.
103. The state fire marshal director shall establish an
11annual registration fee of one thousand dollars for wholesalers
12of consumer fireworks within the state. Registration fees
13collected pursuant to this section shall be deposited in the
14consumer fireworks fee fund created in section 100.19.
15 Sec. 1499. Section 100.31, Code 2023, is amended to read as
16follows:
17100.31 Fire and tornado drills in schools — warning systems
18— inspections.
191. It shall be the duty of the state fire marshal director
20 and the fire marshal’s director’s designated subordinates to
21require all private and public school officials and teachers to
22conduct not less than four fire drills and not less than four
23tornado drills in all school buildings during each school year
24when school is in session; and to require the officials and
25teachers of all schools to keep all doors and exits of their
26respective rooms and buildings unlocked when occupied during
27school hours or when such areas are being used by the public at
28other times. Not less than two drills of each type shall be
29conducted between July 1 and December 31 of each year and not
30less than two drills of each type shall be conducted between
31January 1 and June 30 of each year.
322. Every school building with two or more classrooms
33shall have a warning system for fires of a type approved by
34the underwriters’ laboratories and by the state fire marshal
35 director. The warning system shall be used only for fire
-947-1drills or as a warning for emergency. Schools may modify
2the fire warning system for use as a tornado warning system
3or shall install a separate tornado warning system. Every
4school building shall also be equipped with portable fire
5extinguishers, with the type, size and number in accordance
6with national fire protection association standards and
7approved by the state fire marshal director.
83. The state fire marshal director or the fire marshal’s
9 director’s deputies shall cause each public or private school,
10college, or university to be inspected at least once every two
11years to determine whether each school meets the fire safety
12standards of this Code and is free from other fire hazards.
13Provided, however, that cities which employ fire department
14inspectors shall cause such inspections to be made.
15 Sec. 1500. Section 100.35, Code 2023, is amended to read as
16follows:
17100.35 Rules of marshal director — penalties.
181. The fire marshal director shall adopt, and may amend
19rules under chapter 17A, which include standards relating
20to exits and exit lights, fire escapes, fire protection,
21fire safety and the elimination of fire hazards, in and for
22churches, schools, hotels, theaters, amphitheaters, hospitals,
23health care facilities as defined in section 135C.1, boarding
24homes or housing, rest homes, dormitories, college buildings,
25lodge halls, club rooms, public meeting places, places of
26amusement, apartment buildings, food establishments as defined
27in section 137F.1, and all other buildings or structures in
28which persons congregate from time to time, whether publicly
29or privately owned. Violation of a rule adopted by the fire
30marshal director is a simple misdemeanor. However, upon
31proof that the fire marshal director gave written notice to
32the defendant of the violation, and proof that the violation
33constituted a clear and present danger to life, and proof that
34the defendant failed to eliminate the condition giving rise
35to the violation within thirty days after receipt of notice
-948-1from the fire marshal director, the penalty is that provided
2by law for a serious misdemeanor. Each day of the continuing
3violation of a rule after conviction of a violation of the rule
4is a separate offense. A conviction is subject to appeal as in
5other criminal cases.
62. Rules by the fire marshal director affecting the
7construction of new buildings, additions to buildings or
8rehabilitation of existing buildings and related to fire
9protection, shall be substantially in accord with the
10provisions of the nationally recognized building and related
11codes adopted as the state building code pursuant to section
12103A.7 or with codes adopted by a local subdivision which are
13in substantial accord with the codes comprising the state
14building code.
153. The rules adopted by the state fire marshal director
16 under this section shall provide standards for fire resistance
17of cellulose insulation sold or used in this state, whether for
18public or private use. The rules shall provide for approval of
19the cellulose insulation by at least one nationally recognized
20independent testing laboratory.
21 Sec. 1501. Section 100.38, Code 2023, is amended to read as
22follows:
23100.38 Conflicting statutes.
24Provisions of this chapter part in conflict with the state
25building code, as adopted pursuant to section 103A.7, shall not
26apply where the state building code has been adopted or when
27the state building code applies throughout the state.
28 Sec. 1502. Section 100.39, subsections 1, 2, and 3, Code
292023, are amended to read as follows:
301. All buildings approved for construction after July 1,
311998, that exceed four stories in height, or seventy-five feet
32above grade, shall require the installation of an approved
33automatic fire extinguishing system designed and installed in
34conformity with rules promulgated by the state fire marshal
35 director pursuant to this chapter part.
-949- 12. The requirements of this section shall not apply to the
2following:
3a. Any noncombustible elevator storage structure or any
4noncombustible plant building with noncombustible contents.
5b. Any combustible elevator storage structure that is
6equipped with an approved drypipe, nonautomatic sprinkler and
7automatic alarm system.
8c. Buildings in existence or under construction on August
915, 1975. However, if subsequent to that date any building is
10enlarged or altered beyond the height limitations applicable to
11new buildings, such building in its entirety shall be subject
12to all the provisions of this section.
13d. Any open parking garage structure which is in compliance
14with rules adopted by the state fire marshal director.
153. Plans and installation of systems shall be approved by
16the state fire marshal director, a designee of the state fire
17marshal director, or local authorities having jurisdiction.
18Except where local fire protection regulations are more
19stringent, the provisions of this section shall be applicable
20to all buildings, whether privately or publicly owned. The
21definition of terms shall be in conformity, insofar as
22possible, with definitions found in the state building code
23adopted pursuant to section 103A.7.
24 Sec. 1503. Section 100.41, Code 2023, is amended to read as
25follows:
26100.41 Authority to cite violations.
27Fire officials acting under the authority of this chapter
28 part may issue citations in accordance with chapter 805, for
29violations of this chapter part or a violation of a local fire
30safety code.
31 Sec. 1504. Section 100C.1, Code 2023, is amended by adding
32the following new subsections:
33 NEW SUBSECTION. 8A. “Department” means the department of
34inspections, appeals, and licensing.
35 NEW SUBSECTION. 8B. “Director” means the director of
-950-1the department of inspections, appeals, and licensing or the
2director’s designee.
3 Sec. 1505. Section 100C.1, subsection 14, Code 2023, is
4amended to read as follows:
514. “Responsible managing employee” means one of the
6following:
7a. An owner, partner, officer, or manager employed full-time
8by a fire extinguishing system contractor who is certified
9by the national institute for certification in engineering
10technologies at a level three in fire protection technology,
11automatic sprinkler system layout, or another certification in
12automatic sprinkler system layout recognized by rules adopted
13by the fire marshal director pursuant to section 100C.7 or who
14meets any other criteria established by rule.
15b. An owner, partner, officer, or manager employed full-time
16by an alarm system contractor who is certified by the national
17institute for certification in engineering technologies in fire
18alarm systems or security systems at a level established by the
19fire marshal director by rule or who meets any other criteria
20established by rule under this chapter. The rules may provide
21for separate endorsements for fire alarm systems, security
22alarm systems, and nurse call systems and may require separate
23qualifications for each.
24 Sec. 1506. Section 100C.2, subsection 4, paragraph b, Code
252023, is amended to read as follows:
26b. An employee or subcontractor of a certified alarm system
27contractor who is an alarm system installer, and who is not
28licensed pursuant to chapter 103 shall obtain and maintain
29certification as an alarm system installer and shall meet and
30maintain qualifications established by the state fire marshal
31 director by rule.
32 Sec. 1507. Section 100C.3, subsections 1, 3, and 5, Code
332023, are amended to read as follows:
341. A fire extinguishing system contractor, an alarm system
35contractor, or an alarm system installer shall apply for a
-951-1certificate on a form prescribed by the state fire marshal
2 director. The application shall be accompanied by a fee in an
3amount prescribed by rule pursuant to section 100C.7 and shall
4include all of the following information, as applicable:
5a. The name, address, and telephone number of the contractor
6or installer and, in the case of an installer, the name and
7certification number of the contractor by whom the installer is
8employed, including all legal and fictitious names.
9b. Proof of insurance coverage required by section 100C.4.
10c. The name and qualifications of the person designated as
11the contractor’s responsible managing employee and of persons
12designated as alternate responsible managing employees.
13d. Any other information deemed necessary by the state fire
14marshal director.
153. Upon receipt of a completed application and prescribed
16fees, if the contractor or installer meets all requirements
17established by this chapter, the state fire marshal director
18 shall issue a certificate to the contractor or installer within
19thirty days.
205. Any change in the information provided in the application
21shall be promptly reported to the state fire marshal director.
22When the employment of a responsible managing employee is
23terminated, the contractor shall notify the state fire marshal
24 director within thirty days after termination.
25 Sec. 1508. Section 100C.4, Code 2023, is amended to read as
26follows:
27100C.4 Insurance.
281. A fire extinguishing system contractor shall maintain
29general and complete operations liability insurance for
30the layout, installation, repair, alteration, addition,
31maintenance, and inspection of automatic fire extinguishing
32systems in an amount determined by the state fire marshal
33 director by rule.
342. An alarm system contractor shall maintain general
35and complete operations liability insurance for the layout,
-952-1installation, repair, alteration, addition, maintenance, and
2inspection of alarm systems in an amount determined by the
3state fire marshal director by rule.
4 Sec. 1509. Section 100C.5, Code 2023, is amended to read as
5follows:
6100C.5 Suspension and revocation.
71. The state fire marshal director shall suspend or revoke
8the certificate of any contractor or installer who fails to
9maintain compliance with the conditions necessary to obtain a
10certificate. A certificate may also be suspended or revoked
11if any of the following occur:
12a. The employment or relationship of a responsible managing
13employee with a contractor is terminated, unless the contractor
14has included a qualified alternate on the application or an
15application designating a new responsible managing employee is
16filed with the state fire marshal director within six months
17after the termination.
18b. The contractor or installer fails to comply with any
19provision of this chapter.
20c. The contractor or installer fails to comply with any
21other applicable codes and ordinances.
222. If a certificate is suspended pursuant to this section,
23the certificate shall not be reinstated until the condition or
24conditions which led to the suspension have been corrected.
253. The state fire marshal director shall adopt rules
26pursuant to section 100C.7 for the acceptance and processing
27of complaints against certificate holders, for procedures to
28suspend and revoke certificates, and for appeals of decisions
29to suspend or revoke certificates.
30 Sec. 1510. Section 100C.7, Code 2023, is amended to read as
31follows:
32100C.7 Administration — rules.
33The state fire marshal director shall administer this
34chapter and, after consultation with the fire extinguishing
35system contractors and alarm systems advisory board, shall
-953-1adopt rules pursuant to chapter 17A necessary for the
2administration and enforcement of this chapter.
3 Sec. 1511. Section 100C.8, subsection 2, Code 2023, is
4amended to read as follows:
52. The state fire marshal director may impose a civil
6penalty of up to five hundred dollars on any person who
7violates any provision of this chapter for each day a violation
8continues. The state fire marshal director may adopt rules
9necessary to enforce and collect any penalties imposed pursuant
10to this chapter.
11 Sec. 1512. Section 100C.9, Code 2023, is amended to read as
12follows:
13100C.9 Deposit and use of moneys collected.
141. All fees assessed pursuant to this chapter shall be
15retained as repayment receipts by the division of state fire
16marshal in the department of public safety and such fees
17received shall be used exclusively to offset the costs of
18administering this chapter.
192. Notwithstanding section 8.33, fees collected by
20the division of state fire marshal department that remain
21unencumbered or unobligated at the close of the fiscal year
22shall not revert but shall remain available for expenditure for
23the purposes designated in succeeding fiscal years.
24 Sec. 1513. Section 100C.10, subsection 1, Code 2023, is
25amended to read as follows:
261. A fire extinguishing system contractors and alarm
27systems advisory board is established in the division of state
28fire marshal of the department of public safety and shall
29advise the division department on matters pertaining to the
30application and certification of contractors and installers
31pursuant to this chapter.
32 Sec. 1514. Section 100C.10, subsection 2, unnumbered
33paragraph 1, Code 2023, is amended to read as follows:
34The board shall consist of eleven voting members appointed
35by the commissioner of public safety director as follows:
-954-1 Sec. 1515. Section 100C.10, subsections 3 and 4, Code 2023,
2are amended to read as follows:
33. The state fire marshal, or the state fire marshal’s
4designee, the director, and the chairperson of the electrical
5examining board created in section 103.2 shall be nonvoting ex
6officio members of the board.
74. The commissioner shall initially appoint two members
8for two-year terms, two members for four-year terms, and three
9members for six-year terms. Following the expiration of the
10terms of initially appointed members, each Each term thereafter
11 shall be for a period of six years. No member shall serve
12more than two consecutive terms. If a position on the board
13becomes vacant prior to the expiration of a member’s term, the
14member appointed to the vacancy shall serve the balance of the
15unexpired term.
16 Sec. 1516. Section 100D.1, subsections 2 and 10, Code 2023,
17are amended to read as follows:
182. “Department” means the department of public safety
19 inspections, appeals, and licensing.
2010. “Responsible managing employee” means an owner, partner,
21officer, or manager employed full-time by a fire extinguishing
22system contractor who is certified by the national institute
23for certification in engineering technologies at a level three
24in fire protection technology, automatic sprinkler system
25layout, or another certification in automatic sprinkler system
26layout recognized by rules adopted by the fire marshal director
27 pursuant to section 100C.7 or who meets any other criteria
28established by rule.
29 Sec. 1517. Section 100D.1, subsection 3, Code 2023, is
30amended by striking the subsection and inserting in lieu
31thereof the following:
323. “Director” means the director of the department of
33inspections, appeals, and licensing or the director’s designee.
34 Sec. 1518. Section 100D.2, subsection 4, Code 2023, is
35amended to read as follows:
-955- 14. Licenses shall be issued for a two-year period, and may
2be renewed as established by the state fire marshal director
3 by rule.
4 Sec. 1519. Section 100D.3, Code 2023, is amended to read as
5follows:
6100D.3 Fire protection system installer and maintenance
7worker license.
81. The state fire marshal director shall issue a fire
9protection system installer and maintenance worker license to
10an applicant who meets all of the following requirements:
11a. Has completed a fire protection apprenticeship program
12approved by the United States department of labor, or has
13completed two years of full-time employment or the equivalent
14thereof as a trainee.
15b. Is employed by a fire extinguishing system contractor.
16However, an applicant whose work on extinguishing systems will
17be restricted to systems on property owned or controlled by the
18applicant’s employer may obtain a license if the employer is
19not a certified contractor.
20c. Has received a passing score on the national inspection,
21testing, and certification star fire sprinkler mastery
22exam or on an equivalent exam from a nationally recognized
23third-party testing agency that is approved by the state fire
24marshal director, or is certified at level one by the national
25institute for certification in engineering technologies and as
26specified by rule by the state fire marshal director, or is
27certified by another entity approved by the fire marshal.
282. The state fire marshal director shall issue a fire
29protection system installer and maintenance worker license
30with endorsements restricted to preengineered fire protection
31systems to an applicant who does not meet the requirements of
32subsection 1 but does meet the following requirements:
33a. To be endorsed as a preengineered kitchen fire
34extinguishing system installer, has successfully completed
35training and an examination verified by a preengineered system
-956-1manufacturer, an agent of a preengineered system manufacturer,
2or an organization that is approved by the state fire marshal
3 director.
4b. To be endorsed as a preengineered kitchen fire
5extinguishing system maintenance worker, has successfully
6completed training by the worker’s employer or the system’s
7manufacturer and has passed a written or online examination for
8preengineered kitchen fire extinguishing system maintenance
9that is approved by the state fire marshal director.
10c. To be endorsed as a preengineered industrial fire
11extinguishing system installer, possesses a training and
12examination certification from a preengineered system
13manufacturer, an agent of a preengineered system manufacturer,
14or an organization that is approved by the state fire marshal
15 director.
16d. To be endorsed as a preengineered industrial fire
17extinguishing system maintenance worker, has been trained
18by the worker’s employer and has passed a written or online
19examination for preengineered industrial fire extinguishing
20system maintenance that is approved by the state fire marshal
21 director.
223. The holder of a fire protection system installer and
23maintenance worker license shall be responsible for license
24fees, renewal fees, and continuing education hours.
254. The license of a fire protection system installer
26and maintenance worker licensee who ceases to be employed
27by a fire extinguishing system contractor shall continue to
28be valid until it would otherwise expire, but the licensee
29shall not perform work requiring licensure under this chapter
30until the licensee is again employed by a fire extinguishing
31system contractor. If the licensee becomes employed by a fire
32extinguishing system contractor other than the contractor which
33employed the licensee at the time the license was issued, the
34licensee shall notify the fire marshal director and shall apply
35for an amendment to the license. The fire marshal director
-957-1 may establish by rule a fee for amending a license. This
2subsection shall not extend the time period during which a
3license is valid. This subsection does not apply to a licensee
4whose work on extinguishing systems is restricted to systems on
5property owned or controlled by the licensee’s employer.
65. The fire marshal director, by rule, may restrict
7the scope of work authorized by a license with appropriate
8endorsements.
9 Sec. 1520. Section 100D.4, subsections 1 and 3, Code 2023,
10are amended to read as follows:
111. An applicant for a fire protection system installer and
12maintenance worker license or renewal of an active license
13shall provide evidence of a public liability insurance policy
14and surety bond in an amount determined sufficient by the fire
15marshal director by rule.
163. The insurance and surety bond shall be written by an
17entity licensed to do business in this state and each licensee
18shall maintain on file with the department a certificate
19evidencing the insurance providing that the insurance or surety
20bond shall not be canceled without the entity first giving
21fifteen days written notice to the fire marshal director.
22 Sec. 1521. Section 100D.5, unnumbered paragraph 1, Code
232023, is amended to read as follows:
24The state fire marshal director shall do all of the
25following:
26 Sec. 1522. Section 100D.6, Code 2023, is amended to read as
27follows:
28100D.6 Penalties.
29The state fire marshal director may impose a civil penalty
30of up to five hundred dollars on any person who violates any
31provision of this chapter for each day a violation continues.
32The state fire marshal director may adopt rules necessary to
33enforce and collect any penalties imposed pursuant to this
34chapter.
35 Sec. 1523. Section 100D.7, Code 2023, is amended to read as
-958-1follows:
2100D.7 Deposit and use of moneys collected.
31. The state fire marshal director shall set the license
4fees and renewal fees for all licenses issued pursuant to this
5chapter, by rule, based upon the actual costs of licensing.
62. All fees assessed pursuant to this chapter shall be
7retained as repayment receipts by the division of state fire
8marshal in the department of public safety and such fees
9received shall be used exclusively to offset the costs of
10administering this chapter.
113. Notwithstanding section 8.33, fees collected by
12the division of state fire marshal department that remain
13unencumbered or unobligated at the close of the fiscal year
14shall not revert but shall remain available for expenditure
15for the purposes designated until the close of the succeeding
16fiscal year.
17 Sec. 1524. Section 100D.10, Code 2023, is amended to read
18as follows:
19100D.10 Reciprocal licenses.
20To the extent that another state provides for the licensing
21of fire protection system installers and maintenance workers
22or similar action, the state fire marshal director may issue
23a fire protection system installer and maintenance worker
24license, without examination, to a nonresident fire protection
25system installer and maintenance worker who has been licensed
26by such other state for at least three years provided such
27other state grants the same reciprocal licensing privileges to
28residents of Iowa who have obtained a fire protection system
29installer and maintenance worker license upon payment by
30the applicant of the required fee and upon furnishing proof
31that the qualifications of the applicant are equal to the
32qualifications of holders of similar licenses in this state.
33 Sec. 1525. Section 100D.13, subsections 1 and 2, Code 2023,
34are amended to read as follows:
351. The state fire marshal director may issue a temporary
-959-1fire protection system installer and maintenance worker license
2to a person, providing that all of the following conditions are
3met:
4a. The person is currently licensed or certified to perform
5work as a fire protection system installer and maintenance
6worker in another state.
7b. The person meets any additional criteria for a temporary
8license established by the state fire marshal director by rule.
9c. The person provides all information required by the state
10fire marshal director.
11d. The person has paid the fee for a temporary license,
12which fee shall be established by the state fire marshal
13 director by rule.
14e. The person intends to perform work as a fire protection
15system installer and maintenance worker only in areas of this
16state which are covered by a disaster emergency declaration
17issued by the governor pursuant to section 29C.6.
182. A temporary license issued pursuant to this section shall
19be valid for ninety days. The state fire marshal director may
20establish criteria and procedures for the extension of such
21licenses for additional periods, which in no event shall exceed
22ninety days.
23 Sec. 1526. Section 101.1, subsection 1, Code 2023, is
24amended to read as follows:
251. The state fire marshal director is hereby empowered and
26directed to formulate and adopt and from time to time amend or
27revise and to promulgate, in conformity with and subject to the
28conditions set forth in this chapter, reasonable rules for the
29safe transportation, storage, handling, and use of combustible
30liquids, flammable liquids, liquefied petroleum gases, and
31liquefied natural gases.
32 Sec. 1527. Section 101.1, subsection 2, Code 2023, is
33amended by adding the following new paragraph:
34 NEW PARAGRAPH. 0b. “Director” means the director of the
35department of inspections, appeals, and licensing or the
-960-1director’s designee.
2 Sec. 1528. Section 101.5A, Code 2023, is amended to read as
3follows:
4101.5A Shared public petroleum storage facilities.
5The state fire marshal director shall permit by rule the
6shared ownership, operation, or cooperative use of a publicly
7owned petroleum storage or dispensing facility by more than one
8public agency or political subdivision in order to maximize the
9opportunity for cooperation, to avoid unnecessary duplication
10of facilities posing both an environmental and fire hazard,
11and to minimize the cost of providing public services. Shared
12or cooperative use is not a violation of chapter 23A, even
13if one public agency or political subdivision compensates
14another public agency or political subdivision for the use or
15for petroleum dispensed. A publicly owned petroleum storage
16facility subject to this section may use aboveground or
17underground storage tanks, or a combination of both.
18 Sec. 1529. Section 101.8, Code 2023, is amended to read as
19follows:
20101.8 Assistance by local officials.
21The chief fire prevention officer of every city or village
22having an established fire prevention department, the chief of
23the fire department of every other city or village in which
24a fire department is established, the mayor of every city in
25which no fire department exists, the township clerk of every
26township outside the limits of any city or village and all
27other local officials upon whom fire prevention duties are
28imposed by law shall assist the state fire marshal director in
29the enforcement of the rules.
30 Sec. 1530. Section 101.9, Code 2023, is amended to read as
31follows:
32101.9 Repairs ordered by fire marshal director.
33If the state fire marshal director has reasonable grounds
34for believing after conducting tests that a leak exists in
35a flammable or combustible liquid storage tank or in the
-961-1distribution system of a flammable or combustible liquid
2storage tank the state fire marshal director shall issue a
3written order to the owner or lessee of the storage tank or
4distribution system requiring the storage tank and distribution
5system be emptied and removed or repaired immediately upon
6receipt of the written order.
7 Sec. 1531. Section 101.10, Code 2023, is amended to read as
8follows:
9101.10 Assistance of department of natural resources.
10If the state fire marshal director has reasonable grounds
11for believing that a leak constitutes a hazardous condition
12which threatens the public health and safety, the fire marshal
13 director may request the assistance of the department of
14natural resources, and upon such request the department of
15natural resources is empowered to eliminate the hazardous
16condition as provided in chapter 455B, subchapter IV, part
174, the provisions of section 455B.390, subsection 3, to the
18contrary notwithstanding.
19 Sec. 1532. Section 101.12, subsections 1 and 2, Code 2023,
20are amended to read as follows:
211. An aboveground flammable or combustible liquid storage
22tank may be installed at a retail motor vehicle fuel outlet,
23subject to rules adopted by the state fire marshal director.
242. Rules adopted by the state fire marshal director
25 pursuant to this section shall be in substantial compliance
26with the applicable standards of the national fire protection
27association.
28 Sec. 1533. Section 101.21, subsection 6, Code 2023, is
29amended by striking the subsection.
30 Sec. 1534. Section 101.22, subsections 1, 2, 3, 4, and 7,
31Code 2023, are amended to read as follows:
321. Except as provided in subsection 2, the owner or operator
33of an aboveground flammable or combustible liquid storage tank
34existing on July 1, 2010, shall notify the state fire marshal
35 director in writing by October 1, 2010, of the existence of
-962-1each tank and specify the age, size, type, location, and uses
2of the tank.
32. The owner of an aboveground flammable or combustible
4liquid storage tank taken out of operation on or before July 1,
52010, shall notify the state fire marshal director in writing
6by October 1, 2010, of the existence of the tank unless the
7owner knows the tank has been removed from the site. The
8notice shall specify, to the extent known to the owner, the
9date the tank was taken out of operation, the age of the
10tank on the date taken out of operation, the size, type, and
11location of the tank, and the type and quantity of substances
12left stored in the tank on the date that it was taken out of
13operation.
143. An owner or operator who brings into use an aboveground
15flammable or combustible liquid storage tank after July 1,
162010, shall notify the state fire marshal director in writing
17within thirty days of the existence of the tank and specify the
18age, size, type, location, and uses of the tank.
194. The registration notice of the owner or operator to the
20state fire marshal director under subsections 1 through 3 shall
21be accompanied by an annual fee of twenty dollars for each tank
22included in the notice. All moneys collected shall be retained
23by the department of public safety inspections, appeals, and
24licensing and are appropriated for the use of the state fire
25marshal director. The annual renewal fee applies to all owners
26or operators who file a registration notice with the state fire
27marshal pursuant to subsections 1 through 3.
287. a. The state fire marshal director shall furnish the
29owner or operator of an aboveground flammable or combustible
30liquid storage tank with a registration tag for each
31aboveground flammable or combustible liquid storage tank
32registered with the state fire marshal director.
33b. The owner or operator shall affix the tag to the fill
34pipe of each registered aboveground flammable or combustible
35liquid storage tank.
-963-1 Sec. 1535. Section 101.23, Code 2023, is amended to read as
2follows:
3101.23 State fire marshal Director reporting rules.
4The state fire marshal director shall adopt rules pursuant
5to chapter 17A relating to reporting requirements necessary to
6enable the state fire marshal director to maintain an accurate
7inventory of aboveground flammable or combustible liquid
8storage tanks.
9 Sec. 1536. Section 101.24, Code 2023, is amended to read as
10follows:
11101.24 Duties and powers of the state fire marshal director.
12The state fire marshal director shall:
131. Inspect and investigate the facilities and records of
14owners and operators of aboveground flammable or combustible
15liquid storage tanks with a capacity of fifteen thousand or
16more gallons, as necessary to determine compliance with this
17subchapter and the rules adopted pursuant to this subchapter.
18An inspection or investigation shall be conducted subject to
19subsection 4. For purposes of developing a rule, maintaining
20an accurate inventory, or enforcing this subchapter, the
21department of inspections, appeals, and licensing may:
22a. Enter at reasonable times an establishment or other place
23where an aboveground storage tank is located.
24b. Inspect and obtain samples from any person of flammable
25or combustible liquid or another regulated substance and
26conduct monitoring or testing of the tanks, associated
27equipment, contents, or surrounding soils, air, surface water,
28and groundwater. Each inspection shall be commenced and
29completed with reasonable promptness.
30(1) If the state fire marshal director obtains a sample,
31prior to leaving the premises, the fire marshal director
32 shall give the owner, operator, or agent in charge a receipt
33describing the sample obtained and if requested a portion of
34each sample equal in volume or weight to the portion retained.
35If the sample is analyzed, a copy of the results of the
-964-1analysis shall be furnished promptly to the owner, operator,
2or agent in charge.
3(2) Documents or information obtained from a person under
4this subsection shall be available to the public except as
5provided in this subparagraph. Upon a showing satisfactory
6to the state fire marshal director by a person that public
7disclosure of documents or information, or a particular
8part of the documents or information to which the state fire
9marshal director has access under this subsection would divulge
10commercial or financial information entitled to protection as a
11trade secret, the state fire marshal director shall consider
12the documents or information or the particular portion of the
13documents or information confidential. However, the documents
14or information may be disclosed to officers, employees, or
15authorized representatives of the United States charged with
16implementing the federal Solid Waste Disposal Act, to employees
17of the state of Iowa or of other states when the document or
18information is relevant to the discharge of their official
19duties, and when relevant in a proceeding under the federal
20Solid Waste Disposal Act or this subchapter.
212. Maintain an accurate inventory of aboveground flammable
22or combustible liquid storage tanks.
233. Take any action allowed by law which, in the state fire
24marshal’s director’s judgment, is necessary to enforce or
25secure compliance with this subchapter or any rule adopted
26pursuant to this subchapter.
274. Conduct investigations of complaints received directly,
28referred by other agencies, or other investigations deemed
29necessary. While conducting an investigation, the state fire
30marshal director may enter at any reasonable time in and upon
31any private or public property to investigate any actual or
32possible violation of this subchapter or the rules or standards
33adopted under this subchapter. However, the owner or person in
34charge shall be notified.
35a. If the owner or operator of any property refuses
-965-1admittance, or if prior to such refusal the state fire marshal
2 director demonstrates the necessity for a warrant, the state
3fire marshal may make application under oath or affirmation
4to the district court of the county in which the property is
5located for the issuance of a search warrant.
6b. In the application the state fire marshal director shall
7state that an inspection of the premises is mandated by the
8laws of this state or that a search of certain premises, areas,
9or things designated in the application may result in evidence
10tending to reveal the existence of violations of public health,
11safety, or welfare requirements imposed by statutes, rules, or
12ordinances established by the state or a political subdivision
13of the state. The application shall describe the area,
14premises, or thing to be searched, give the date of the last
15inspection if known, give the date and time of the proposed
16inspection, declare the need for such inspection, recite that
17notice of the desire to make an inspection has been given to
18affected persons and that admission was refused if that be the
19fact, and state that the inspection has no purpose other than
20to carry out the purpose of the statute, rule, or ordinance
21pursuant to which inspection is to be made. If an item of
22property is sought by the state fire marshal director, it shall
23be identified in the application.
24c. If the court is satisfied from the examination of
25the applicant, and of other witnesses, if any, and of the
26allegations of the application of the existence of the grounds
27of the application, or that there is probable cause to believe
28in their existence, the court may issue a search warrant.
29d. In making inspections and searches pursuant to the
30authority of this subchapter, the state fire marshal director
31 must execute the warrant as follows:
32(1) Within ten days after its date.
33(2) In a reasonable manner, and any property seized shall
34be treated in accordance with the provisions of chapters 808
35and 809.
-966- 1(3) Subject to any restrictions imposed by the statute, rule
2or ordinance pursuant to which inspection is made.
3 Sec. 1537. Section 101.25, Code 2023, is amended to read as
4follows:
5101.25 Violations — orders.
61. If substantial evidence exists that a person has
7violated or is violating a provision of this subchapter or
8a rule adopted under this subchapter the state fire marshal
9 director may issue an order directing the person to desist
10in the practice which constitutes the violation, and to take
11corrective action as necessary to ensure that the violation
12will cease, and may impose appropriate administrative penalties
13pursuant to section 101.26. The person to whom the order is
14issued may appeal the order as provided in chapter 17A. On
15appeal, the administrative law judge may affirm, modify, or
16vacate the order of the state fire marshal director.
172. However, if it is determined by the state fire marshal
18 director that an emergency exists respecting any matter
19affecting or likely to affect the public health, the fire
20marshal director may issue any order necessary to terminate
21the emergency without notice and without hearing. The order
22is binding and effective immediately and until the order is
23modified or vacated at an administrative hearing or by a
24district court.
253. The state fire marshal director may request the attorney
26general to institute legal proceedings pursuant to section
27101.26.
28 Sec. 1538. Section 101.26, Code 2023, is amended to read as
29follows:
30101.26 Penalties — burden of proof.
311. A person who violates this subchapter or a rule adopted
32or order issued pursuant to this subchapter is subject to a
33civil penalty not to exceed one hundred dollars for each day
34during which the violation continues, up to a maximum of one
35thousand dollars; however, if the tank is registered within
-967-1thirty days after the state fire marshal director issues a
2cease and desist order pursuant to section 101.25, subsection
31, the civil penalty under this section shall not accrue. The
4civil penalty is an alternative to a criminal penalty provided
5under this subchapter.
62. A person who knowingly fails to notify or makes a false
7statement, representation, or certification in a record,
8report, or other document filed or required to be maintained
9under this subchapter, or violates an order issued under this
10subchapter, is guilty of an aggravated misdemeanor.
113. The attorney general, at the request of the state fire
12marshal director, shall institute any legal proceedings,
13including an action for an injunction, necessary to enforce the
14penalty provisions of this subchapter or to obtain compliance
15with the provisions of this subchapter or rules adopted or
16order pursuant to this subchapter. In any action, previous
17findings of fact of the state fire marshal director after
18notice and hearing are conclusive if supported by substantial
19evidence in the record when the record is viewed as a whole.
204. In all proceedings with respect to an alleged violation
21of this subchapter or a rule adopted or order issued by the
22state fire marshal director pursuant to this subchapter, the
23burden of proof is upon the state fire marshal director.
245. If the attorney general has instituted legal proceedings
25in accordance with this section, all related issues which could
26otherwise be raised by the alleged violator in a proceeding for
27judicial review under section 101.27 shall be raised in the
28legal proceedings instituted in accordance with this section.
29 Sec. 1539. Section 101.27, Code 2023, is amended to read as
30follows:
31101.27 Judicial review.
32Except as provided in section 101.26, subsection 5,
33judicial review of an order or other action of the state fire
34marshal director may be sought in accordance with chapter 17A.
35Notwithstanding chapter 17A, the Iowa administrative procedure
-968-1Act, petitions for judicial review may be filed in the district
2court of the county in which the alleged offense was committed
3or the final order was entered.
4 Sec. 1540. Section 101A.1, subsections 2, 6, and 7, Code
52023, are amended to read as follows:
62. “Commercial license” or “license” means a license issued
7by the state fire marshal director pursuant to this chapter.
86. “Licensee” means a person holding a commercial license
9issued by the state fire marshal director pursuant to this
10chapter.
117. “Magazine” means any building or structure, other than an
12explosives manufacturing building, approved by the state fire
13marshal director or the fire marshal’s director’s designated
14agent for the storage of explosive materials.
15 Sec. 1541. Section 101A.1, Code 2023, is amended by adding
16the following new subsection:
17 NEW SUBSECTION. 2A. “Director” means the director of
18the department of inspections, appeals, and licensing or the
19director’s designee.
20 Sec. 1542. Section 101A.2, subsections 1 and 2, Code 2023,
21are amended to read as follows:
221. The state fire marshal director shall issue commercial
23licenses for the manufacture, importation, distribution, sale,
24and commercial use of explosives to persons who, in the state
25fire marshal’s director’s discretion are of good character
26and sound judgment, and have sufficient knowledge of the
27use, handling, and storage of explosive materials to protect
28the public safety. Licenses shall be issued for a period of
29three years, but may be issued for shorter periods, and may be
30revoked or suspended by the state fire marshal director for any
31of the following reasons:
32a. Falsification of information submitted in the application
33for a license.
34b. Proof that the licensee has violated any provisions of
35this chapter or any rules prescribed by the state fire marshal
-969-1 director pursuant to the provisions of this chapter.
2c. The results of a national criminal history check
3conducted pursuant to subsection 3.
42. Licenses shall be issued by the state fire marshal
5 director upon payment of a fee of sixty dollars, valid for a
6period of three calendar years, commencing on January 1 of the
7first year and terminating on December 31 of the third year.
8However, an initial license may be issued during a calendar
9year for the number of months remaining in such calendar year
10and the following two years, computed to the first day of the
11month when the application for the license is approved. The
12license fee shall be charged on a pro rata basis for the number
13of months remaining in the period of issue. Applications for
14renewal of licenses shall be submitted within thirty days prior
15to the license expiration date and shall be accompanied by
16payment of the prescribed fee.
17 Sec. 1543. Section 101A.3, subsections 1 and 2, Code 2023,
18are amended to read as follows:
191. User’s permits to purchase, possess, transport, store,
20and detonate explosive materials shall be issued by the sheriff
21of the county or the chief of police of a city of ten thousand
22population or more where the possession and detonation will
23occur. If the possession and detonation are to occur in more
24than one county or city, then such permits must be issued by
25the sheriff or chief of police of each of such counties or
26cities, except in counties and cities in which the explosives
27are possessed for the sole purpose of transporting them
28through such counties and cities. A permit shall not be issued
29unless the sheriff or chief of police having jurisdiction is
30satisfied that possession and detonation of explosive materials
31is necessary to the applicant’s business or to improve the
32applicant’s property. Permits shall be issued only to persons
33who, in the discretion of the sheriff or chief of police, are
34of good character and sound judgment, and have sufficient
35knowledge of the use and handling of explosive materials to
-970-1protect the public safety. Applicants shall be subject to the
2criminal history check provisions of section 101A.2, subsection
33. The state fire marshal director shall prescribe, have
4printed, and distribute permit application forms to all local
5permit issuing authorities.
62. The user’s permit shall state the quantity of explosive
7materials which the permittee may purchase, the amount the
8permittee may have in possession at any one time, the amount
9the permittee may detonate at any one time, and the period of
10time during which the purchase, possession, and detonation
11of explosive materials is authorized. The permit shall also
12specify the place where detonation may occur, the location and
13description of the place where the explosive materials will
14be stored, if such be the case, and shall contain such other
15information as may be required under the rules and regulations
16of the state fire marshal director. The permit shall not
17authorize purchase, possession, and detonation of a quantity of
18explosive materials in excess of that which is necessary in the
19pursuit of the applicant’s business or the improvement of the
20permittee’s property, nor shall such purchase, possession, and
21detonation be authorized for a period longer than is necessary
22for the specified purpose. In no event shall the permit be
23valid for more than thirty days from date of issuance but it
24may be renewed upon proper showing of necessity.
25 Sec. 1544. Section 101A.4, subsection 1, Code 2023, is
26amended to read as follows:
271. Judicial review of the action of the state fire marshal
28 director may be sought in accordance with the terms of the Iowa
29administrative procedure Act, chapter 17A.
30 Sec. 1545. Section 101A.5, Code 2023, is amended to read as
31follows:
32101A.5 Rules — director duties.
331. The state fire marshal director shall adopt rules
34pursuant to chapter 17A pertaining to the manufacture,
35transportation, storage, possession, and use of explosive
-971-1materials. Rules adopted by the state fire marshal director
2 shall be compatible with, but not limited to, the national
3fire protection association’s pamphlet number 495 and federal
4rules pertaining to commerce, possession, storage, and use of
5explosive materials. Such rules shall do all of the following:
61. a. Prescribe reasonable standards for the safe
7transportation and handling of explosive materials so as to
8prevent accidental fires and explosions and prevent theft and
9unlawful or unauthorized possession of explosive materials.
102. b. Prescribe procedures and methods of inventory so
11as to assure accurate records of all explosive materials
12manufactured or imported into the state and records of the
13disposition of such explosive materials, including records of
14the identity of persons to whom sales and transfers are made,
15and the time and place of any loss or destruction of explosive
16materials which might occur.
173. c. Prescribe reasonable standards for the safe
18storage of explosive materials as may be necessary to prevent
19accidental fires and explosions and prevent thefts and unlawful
20or unauthorized possession of explosive materials.
214. d. Require such reports from licensees, permittees,
22sheriffs, and chiefs of police as may be necessary for the
23state fire marshal director to discharge the fire marshal’s
24 director’s duties pursuant to this chapter.
255. e. Prescribe the form and content of license and permit
26applications.
276. 2. Conduct The director shall conduct such inspections
28of licensees and permittees as may be necessary to enforce the
29provisions of this chapter.
30 Sec. 1546. Section 101A.7, Code 2023, is amended to read as
31follows:
32101A.7 Inspection of storage facility.
331. The licensee’s or permittee’s explosives storage
34facility shall be inspected at least once a year by a
35representative of the state fire marshal’s office department
-972-1of inspections, appeals, and licensing, except that the state
2fire marshal director may, at those mining operations licensed
3and regulated by the United States department of labor, accept
4an approved inspection report issued by the United States
5department of labor, mine safety and health administration, for
6the twelve-month period following the issuance of the report.
7The state fire marshal director shall notify the appropriate
8city or county governing board of licenses to be issued in
9their respective jurisdictions pursuant to this chapter. The
10notification shall contain the name of the applicant to be
11licensed, the location of the facilities to be used in storing
12explosives, the types and quantities of explosive materials to
13be stored, and other information deemed necessary by either
14the governing boards or the state fire marshal director. The
15facility may be examined at other times by the sheriff of the
16county where the facility is located or by the local police
17authority if the facility is located within a city of over
18ten thousand population and if the sheriff or city council
19considers it necessary.
202. If the state fire marshal director finds the facility
21to be improperly secured, the licensee or permittee shall
22immediately correct the improper security and, if not so
23corrected, the state fire marshal director shall immediately
24confiscate the stored explosives. Explosives may be
25confiscated by the county sheriff or local police authority
26only if a situation that is discovered during an examination by
27those authorities is deemed to present an immediate danger. If
28the explosives are confiscated by the county sheriff or local
29police authority, they shall be delivered to the state fire
30marshal director. The state fire marshal director shall hold
31confiscated explosives for a period of thirty days under proper
32security unless the period of holding is shortened pursuant to
33this section.
343. If the licensee or permittee corrects the improper
35security within the thirty-day period, the explosives shall
-973-1be returned to the licensee or permittee after correction and
2after the licensee or permittee has paid to the state an amount
3equal to the expense incurred by the state in storing the
4explosives during the period of confiscation. The amount of
5expense shall be determined by the state fire marshal director.
64. If the improper security is not corrected during the
7thirty-day period, the state fire marshal director shall
8dispose of the explosives and the license or permit shall be
9canceled. A canceled license or permit shall not be reissued
10for a period of two years from the date of cancellation.
11 Sec. 1547. Section 101A.8, Code 2023, is amended to read as
12follows:
13101A.8 Report of theft or loss required.
14Any theft or loss of explosive materials, whether from
15a storage magazine, a vehicle in which they are being
16transported, or from a site on which they are being used,
17or from any other location, shall immediately be reported by
18the person authorized to possess such explosives to the local
19police or county sheriff. The local police or county sheriff
20shall immediately transmit a report of such theft or loss of
21explosive materials to the state fire marshal director.
22 Sec. 1548. Section 101A.9, Code 2023, is amended to read as
23follows:
24101A.9 Disposal regulated.
25No person shall abandon or otherwise dispose of any
26explosives in any manner which might, as the result of such
27abandonment or disposal, create any danger or threat of danger
28to life or property. Any person in possession or control of
29explosives shall, when the need for such explosives no longer
30exists, dispose of them in accordance with rules prescribed by
31the state fire marshal director.
32 Sec. 1549. Section 101A.10, Code 2023, is amended to read
33as follows:
34101A.10 Persons and agencies exempt.
35This chapter shall not apply to the transportation and
-974-1use of explosive materials by the regular military or naval
2forces of the United States, the duly organized militia of this
3state, representatives of the state fire marshal director, the
4state patrol, division of criminal investigation, local police
5departments, sheriffs departments, and fire departments acting
6in their official capacity; nor shall this chapter apply to
7the transportation and use of explosive materials by any peace
8officer to enforce provisions of this chapter when the peace
9officer is acting pursuant to such authority, however, other
10agencies of the state or any of its political subdivisions
11desiring to purchase, possess, transport, or use explosive
12materials for construction or other purposes shall be required
13to obtain user’s permits.
14 Sec. 1550. Section 101A.12, Code 2023, is amended to read
15as follows:
16101A.12 Deposit and use of fees.
17The fees collected by the state fire marshal director in
18issuing licenses pursuant to this chapter shall be deposited in
19the state general fund.
20 Sec. 1551. Section 101A.14, subsection 2, Code 2023, is
21amended to read as follows:
222. Any person who violates the provisions of section 101A.6,
23101A.8 or 101A.9 or any of the rules adopted by the state fire
24marshal director pursuant to the provisions of this chapter,
25commits a simple misdemeanor.
26 Sec. 1552. Section 101B.2, subsection 3, Code 2023, is
27amended to read as follows:
283. “Department” means the department of public safety
29 inspections, appeals, and licensing.
30 Sec. 1553. Section 101B.3, subsection 4, Code 2023, is
31amended to read as follows:
324. The department of public safety shall administer
33this chapter and may adopt rules pursuant to chapter 17A to
34administer this chapter. This chapter shall be implemented in
35accordance with the implementation and substance of the New
-975-1York fire safety standards for cigarettes.
2 Sec. 1554. Section 101B.6, subsection 2, Code 2023, is
3amended to read as follows:
42. A wholesaler or agent shall provide a copy of the
5cigarette packaging markings received from a manufacturer to
6all retailers to whom the wholesaler or agent sells cigarettes.
7A wholesaler, agent, or retailer shall permit the state fire
8marshal department, department of revenue, or the office of the
9attorney general to inspect markings of cigarette packaging
10marked in accordance with section 101B.7.
11 Sec. 1555. Section 101B.8, subsections 7, 8, and 9, Code
122023, are amended to read as follows:
137. In addition to any other remedy provided by law, the
14department of public safety or the office of the attorney
15general may file an action in district court for a violation of
16this chapter, including petitioning for injunctive relief or to
17recover any costs or damages suffered by the state because of a
18violation of this chapter, including enforcement costs relating
19to the specific violation and attorney fees. Each violation of
20the chapter or of rules adopted under this chapter constitutes
21a separate civil violation for which the department of public
22safety or the office of the attorney general may seek relief.
238. The department of revenue in the regular course of
24conducting inspections of a wholesaler, agent, or retailer
25may inspect cigarettes in the possession or control of the
26wholesaler, agent, or retailer or on the premises of any
27wholesaler, agent, or retailer to determine if the cigarettes
28are marked as required pursuant to section 101B.7. If the
29cigarettes are not marked as required, the department of
30revenue shall notify the department of public safety.
319. To enforce the provisions of this chapter, the department
32of public safety and the office of the attorney general may
33examine the books, papers, invoices, and other records of any
34person in possession, control, or occupancy of any premises
35where cigarettes are placed, sold, or offered for sale,
-976-1including the stock of cigarettes on the premises.
2 Sec. 1556. Section 101B.10, subsection 1, Code 2023, is
3amended to read as follows:
41. This chapter shall cease to be applicable if federal
5fire safety standards for cigarettes that preempt this chapter
6are enacted and take effect subsequent to January 1, 2009, and
7the state fire marshal department shall notify the secretary of
8state and the Code editor if such federal fire safety standards
9for cigarettes are enacted.
10 Sec. 1557. Section 103.1, Code 2023, is amended by adding
11the following new subsections:
12 NEW SUBSECTION. 6A. “Department” means the department of
13inspections, appeals, and licensing.
14 NEW SUBSECTION. 6B. “Director” means the director of
15the department of inspections, appeals, and licensing or the
16director’s designee.
17 Sec. 1558. Section 103.2, subsection 1, Code 2023, is
18amended to read as follows:
191. An electrical examining board is created within the
20division of state fire marshal of the department of public
21safety. The board shall consist of eleven voting members
22appointed by the governor and subject to senate confirmation,
23all of whom shall be residents of this state. Except for the
24board member enumerated in subsection 2, paragraph “e”, members
25shall be appointed by the governor and subject to senate
26confirmation.
27 Sec. 1559. Section 103.2, Code 2023, is amended by adding
28the following new subsection:
29 NEW SUBSECTION. 2A. a. The board shall elect annually from
30its members a chairperson and a vice chairperson.
31b. The board shall hold at least one meeting quarterly at
32the location of the board’s principal office, and meetings
33shall be called at other times by the chairperson or four
34members of the board. At any meeting of the board, a majority
35of members constitutes a quorum.
-977-1 Sec. 1560. Section 103.4, Code 2023, is amended by striking
2the section and inserting in lieu thereof the following:
3103.4 Executive secretary — staff and duties.
4The director shall appoint an executive secretary for the
5board and shall hire and provide staff to assist the board
6in administering this chapter. The executive secretary
7shall report to the director for purposes of routine board
8administrative functions, and shall report directly to
9the board for purposes of execution of board policy such
10as application of licensing criteria and processing of
11applications.
12 Sec. 1561. Section 103.7, Code 2023, is amended to read as
13follows:
14103.7 Electrician and installer licensing and inspection
15fund.
16An electrician and installer licensing and inspection fund
17is created in the state treasury as a separate fund under the
18control of the board. All licensing, examination, renewal,
19and inspection fees shall be deposited into the fund and
20retained by and for the use of the board. Expenditures from
21the fund shall be approved by the sole authority of the board
22in consultation with the state fire marshal director. Amounts
23deposited into the fund shall be considered repayment receipts
24as defined in section 8.2. Notwithstanding section 8.33, any
25balance in the fund on June 30 of each fiscal year shall not
26revert to the general fund of the state, but shall remain
27available for the purposes of this chapter in subsequent fiscal
28years. Notwithstanding section 12C.7, subsection 2, interest
29or earnings on moneys deposited in the fund shall be credited
30to the fund.
31 Sec. 1562. Section 103.14, Code 2023, is amended to read as
32follows:
33103.14 Alarm installations.
34A person who is not licensed pursuant to this chapter may
35plan, lay out, or install electrical wiring, apparatus, and
-978-1equipment for components of alarm systems that operate at
2seventy volt/amps (VA) or less, only if the person is certified
3to conduct such work pursuant to chapter 100C. Installations
4of alarm systems that operate at seventy volt/amps (VA) or less
5are subject to inspection by state inspectors as provided in
6section 103.31, except that reports of such inspections, if
7the installation being inspected was performed by a person
8certified pursuant to chapter 100C, shall be submitted to
9the state fire marshal director and any action taken on a
10report of an inspection of an installation performed by a
11person certified pursuant to chapter 100C shall be taken by
12or at the direction of the state fire marshal, unless the
13installation has been found to exceed the authority granted to
14the certificate holder pursuant to chapter 100C and therefore
15to be in violation of this chapter.
16 Sec. 1563. Section 103.25, subsection 1, Code 2023, is
17amended to read as follows:
181. At or before commencement of any installation required
19to be inspected by the board, the licensee or property owner
20making such installation shall submit to the state fire
21marshal’s office department a request for inspection. The
22board shall prescribe the methods by which the request may be
23submitted, which may include electronic submission or through
24a form prescribed by the board that can be submitted either
25through the mail or by a fax transmission. The board shall
26also prescribe methods by which inspection fees can be paid,
27which may include electronic methods of payment. If the board
28or the state fire marshal’s office department becomes aware
29that a person has failed to file a necessary request for
30inspection, the board shall send a written notification by
31certified mail that the request must be filed within fourteen
32days. Any person filing a late request for inspection shall
33pay a delinquency fee in an amount to be determined by the
34board. A person who fails to file a late request within
35fourteen days from receipt of the notification shall be subject
-979-1to a civil penalty to be determined by the board by rule.
2 Sec. 1564. Section 103.26, Code 2023, is amended to read as
3follows:
4103.26 Condemnation — disconnection — opportunity to
5correct noncompliance.
6If the inspector finds that any installation or portion of
7an installation is not in compliance with accepted standards
8of construction for health safety and property safety, based
9upon minimum standards set forth in the local electrical
10code or the national electrical code adopted by the board
11pursuant to section 103.6, the inspector shall by written
12order condemn the installation or noncomplying portion or
13order service to such installation disconnected and shall
14send a copy of such order to the board, the state fire
15marshal director, and the electrical utility supplying power
16involved. If the installation or the noncomplying portion is
17such as to seriously and proximately endanger human health
18or property, the order of the inspector when approved by the
19inspector’s supervisor shall require immediate condemnation
20and disconnection by the applicant. In all other cases, the
21order of the inspector shall establish a reasonable period
22of time for the installation to be brought into compliance
23with accepted standards of construction for health safety and
24property safety prior to the effective date established in such
25order for condemnation or disconnection.
26 Sec. 1565. Section 103.31, subsections 3, 4, and 5, Code
272023, are amended to read as follows:
283. State inspection procedures and policies shall be
29established by the board. The state fire marshal director, or
30the state fire marshal’s director’s designee, shall enforce
31the procedures and policies, and enforce the provisions of the
32national electrical code adopted by the board.
334. Except when an inspection reveals that an installation or
34portion of an installation is not in compliance with accepted
35standards of construction for health safety and property
-980-1safety, based upon minimum standards set forth in the local
2electrical code or the national electrical code adopted by
3the board pursuant to section 103.6, such that an order of
4condemnation or disconnection is warranted pursuant to section
5103.26, an inspector shall not add to, modify, or amend a
6construction plan as originally approved by the state fire
7marshal director or the state building code commissioner in the
8course of conducting an inspection.
95. Management and supervision of inspectors, including
10hiring decisions, disciplinary action, promotions, and work
11schedules are the responsibility of the state fire marshal
12 director acting in accordance with applicable law and pursuant
13to any applicable collective bargaining agreement. The state
14fire marshal director and the board shall jointly determine
15work territories, regions, or districts for inspectors
16and continuing education and ongoing training requirements
17applicable to inspectors. An inspector subject to disciplinary
18action pursuant to this subsection shall be entitled to an
19appeal according to the procedure set forth in section 103.34
20and judicial review pursuant to section 17A.19.
21 Sec. 1566. Section 103.32, subsection 3, Code 2023, is
22amended to read as follows:
233. When an inspection is requested by a property owner,
24the minimum fee shall be thirty dollars plus five dollars
25per branch circuit or feeder. The fee for fire and accident
26inspections shall be computed at the rate of forty-seven
27dollars per hour, and mileage and other expenses shall be
28reimbursed as provided by the office of the state fire marshal
29 department.
30 Sec. 1567. Section 103.33, subsection 1, Code 2023, is
31amended to read as follows:
321. Any person aggrieved by a condemnation or disconnection
33order issued by the state fire marshal’s office department may
34appeal from the order by filing a written notice of appeal with
35the board within ten days after the date the order was served
-981-1upon the property owner or within ten days after the order was
2filed with the board, whichever is later.
3 Sec. 1568. Section 103A.3, Code 2023, is amended by adding
4the following new subsections:
5 NEW SUBSECTION. 6A. “Department” means the department of
6inspections, appeals, and licensing.
7 NEW SUBSECTION. 6B. “Director” means the director of
8the department of inspections, appeals, and licensing or the
9director’s designee.
10 Sec. 1569. Section 103A.4, Code 2023, is amended to read as
11follows:
12103A.4 Building code commissioner.
13The commissioner of public safety director, in addition
14to other duties, shall serve as the state building code
15commissioner or may designate a building code commissioner.
16 Sec. 1570. Section 103A.23, subsection 1, Code 2023, is
17amended to read as follows:
181. For the purpose of obtaining revenue to defray the
19costs of administering the provisions of this chapter, the
20commissioner shall establish by rule a schedule of fees based
21upon the costs of administration which fees shall be collected
22from persons whose manufacture, installation, or construction
23is subject to the provisions of the state building code. For
24the performance of building plan reviews by the department
25of public safety, the commissioner shall establish by rule a
26fee, chargeable to the owner of the building, which shall be
27equal to a percentage of the estimated total valuation of the
28building and which shall be in an amount reasonably related to
29the cost of conducting the review.
30 Sec. 1571. Section 103A.54, Code 2023, is amended to read
31as follows:
32103A.54 Fees.
33Notwithstanding section 103A.23, the department of
34public safety shall retain all fees collected pursuant to
35this subchapter and the fees retained are appropriated to
-982-1the commissioner to administer the licensing program and
2the certification program for manufactured or mobile home
3installers, including the employment of personnel for the
4enforcement and administration of such programs.
5 Sec. 1572. Section 105.2, subsection 4, Code 2023, is
6amended to read as follows:
74. “Department” means the Iowa department of public health
8 inspections, appeals, and licensing.
9 Sec. 1573. Section 105.3, subsection 1, Code 2023, is
10amended to read as follows:
111. A plumbing and mechanical systems board is created within
12the Iowa department of public health.
13 Sec. 1574. Section 105.3, subsection 2, paragraph a,
14unnumbered paragraph 1, Code 2023, is amended to read as
15follows:
16The board shall be comprised of eleven twelve voting
17 members, appointed by the governor, as follows:
18 Sec. 1575. Section 105.3, subsection 2, paragraph a,
19subparagraph (1), Code 2023, is amended to read as follows:
20(1) The director of public health and human services or the
21director’s designee.
22 Sec. 1576. Section 105.3, subsection 2, paragraph a, Code
232023, is amended by adding the following new subparagraph:
24 NEW SUBPARAGRAPH. (2A) The director of the department of
25inspections, appeals, and licensing or the director’s designee.
26 Sec. 1577. Section 105.3, subsection 2, paragraph b, Code
272023, is amended to read as follows:
28b. The board members enumerated in paragraph a “a”,
29subparagraphs (3) through (9), are shall be appointed by the
30governor and subject to confirmation by the senate.
31 Sec. 1578. Section 105.4, subsection 1, paragraph a, Code
322023, is amended to read as follows:
33a. The board shall establish by rule a plumbing installation
34code governing the installation of plumbing in this state.
35Consistent with fire safety rules and standards promulgated
-983-1by the state fire marshal department, the board shall adopt
2the most current version of the uniform plumbing code and the
3international mechanical code, as the state plumbing code
4and the state mechanical code, to govern the installation of
5plumbing and mechanical systems in this state. The board shall
6adopt the current version of each code within six months of its
7being released. The board may adopt amendments to each code by
8rule. The board shall work in consultation with the state fire
9marshal department to ensure that proposed amendments do not
10conflict with the fire safety rules and standards promulgated
11by the state fire marshal department. The state plumbing
12code and the state mechanical code shall be applicable to all
13buildings and structures owned by the state or an agency of the
14state and in each local jurisdiction.
15 Sec. 1579. Section 105.12, subsection 1, Code 2023, is
16amended to read as follows:
171. A contracting, plumbing, mechanical, HVAC-refrigeration,
18sheet metal, or hydronic license shall be in the form of a
19certificate under the seal of the department, signed by the
20director of public health the department, and shall be issued
21in the name of the board. The license number shall be noted on
22the face of the license.
23 Sec. 1580. Section 135.11A, Code 2023, is amended to read
24as follows:
25135.11A Professional licensure division — other licensing
26 Licensing boards — expenses — fees.
271. There shall be a professional licensure division within
28the department of public health. Each board under chapter
29 chapters 100C, 103, 103A, 105, or 147 or that are under the
30administrative authority of the department, except the board
31of nursing, board of medicine, dental board, and board of
32pharmacy, shall receive administrative and clerical support
33from the division department and may not employ its own support
34staff for administrative and clerical duties. The executive
35director of the board of nursing, board of medicine, dental
-984-1board, and board of pharmacy shall be appointed pursuant to
2section 135.11B.
32. The professional licensure division department and the
4licensing boards referenced in subsection 1 may expend funds in
5addition to amounts budgeted, if those additional expenditures
6are directly the result of actual examination and exceed funds
7budgeted for examinations. Before the division department or a
8licensing board expends or encumbers an amount in excess of the
9funds budgeted for examinations, the director of the department
10of management shall approve the expenditure or encumbrance.
11Before approval is given, the department of management shall
12determine that the examination expenses exceed the funds
13budgeted by the general assembly to the division department
14 or board and the division department or board does not have
15other funds from which examination expenses can be paid.
16Upon approval of the department of management, the division
17 department or licensing board may expend and encumber funds for
18excess examination expenses. The amounts necessary to fund
19the excess examination expenses shall be collected as fees
20from additional examination applicants and shall be treated as
21repayment receipts as defined in section 8.2.
22 Sec. 1581. Section 135.24, subsection 2, paragraph a, Code
232023, is amended to read as follows:
24a. Procedures for registration of health care providers
25deemed qualified by the board of medicine, the board of
26physician assistants, the dental board, the board of nursing,
27the board of chiropractic, the board of psychology, the board
28of social work, the board of behavioral science, the board
29of pharmacy, the board of optometry, the board of podiatry,
30the board of physical and occupational therapy, the board of
31respiratory care and polysomnography, and the Iowa department
32of public health inspections, appeals, and licensing, as
33applicable.
34 Sec. 1582. Section 135.31, Code 2023, is amended to read as
35follows:
-985- 1135.31 Location of boards — rulemaking.
2The offices for the board of medicine, the board of pharmacy,
3the board of nursing, and the dental board shall be located
4within the department of public health. The individual boards
5shall have policymaking and rulemaking authority.
6 Sec. 1583. Section 135.37, Code 2023, is amended to read as
7follows:
8135.37 Tattooing — permit requirement — penalty.
91. A person shall not own, control and lease, act as an
10agent for, conduct, manage, or operate an establishment to
11practice the art of tattooing or engage in the practice of
12tattooing without first applying for and receiving a permit
13from the Iowa department of public health.
142. A minor shall not obtain a tattoo and a person shall
15not provide a tattoo to a minor. For the purposes of this
16section, “minor” means an unmarried person who is under the age
17of eighteen years.
183. A person who fails to meet the requirements of subsection
191 or a person providing a tattoo to a minor is guilty of a
20serious misdemeanor.
214. The Iowa department of public health shall:
22a. Adopt rules pursuant to chapter 17A and establish and
23collect all fees necessary to administer this section. The
24provisions of chapter 17A, including licensing provisions,
25judicial review, and appeal, shall apply to this chapter
26 section.
27b. Establish minimum safety and sanitation criteria for the
28operation of tattooing establishments.
295. If the Iowa department of public health determines that
30a provision of this section has been or is being violated, the
31department may order that a tattooing establishment not be
32operated until the necessary corrective action has been taken.
33If the establishment continues to be operated in violation of
34the order of the department, the department may request that
35the county attorney or the attorney general make an application
-986-1in the name of the state to the district court of the county
2in which the violations have occurred for an order to enjoin
3the violations. This remedy is in addition to any other legal
4remedy available to the department.
56. As necessary to avoid duplication and promote
6coordination of public health inspection and enforcement
7activities, the department may enter into agreements with
8local boards of health to provide for inspection of tattooing
9establishments and enforcement activities in accordance with
10the rules and criteria implemented under this section.
11 Sec. 1584. Section 135.61, unnumbered paragraph 1, Code
122023, is amended to read as follows:
13As used in this subchapter part, unless the context
14otherwise requires:
15 Sec. 1585. Section 135.61, subsection 1, paragraph d, Code
162023, is amended to read as follows:
17d. Each institutional health facility or health maintenance
18organization which, prior to receipt of the application by the
19department, has formally indicated to the department pursuant
20to this subchapter part an intent to furnish in the future
21institutional health services similar to the new institutional
22health service proposed in the application.
23 Sec. 1586. Section 135.61, subsection 4, Code 2023, is
24amended to read as follows:
254. “Council” means the state health facilities council
26established by this subchapter part.
27 Sec. 1587. Section 135.61, subsections 5 and 7, Code 2023,
28are amended by striking the subsections.
29 Sec. 1588. Section 135.62, subsection 1, Code 2023, is
30amended to read as follows:
311. This subchapter part shall be administered by the
32department. The director shall employ or cause to be employed
33the necessary persons to discharge the duties imposed on the
34department by this subchapter part.
35 Sec. 1589. Section 135.62, subsection 2, paragraph e,
-987-1subparagraphs (2), (4), and (5), Code 2023, are amended to read
2as follows:
3(2) Determine and adopt such policies as are authorized by
4law and are deemed necessary to the efficient discharge of its
5duties under this subchapter part.
6(4) Advise and counsel with the director concerning
7the provisions of this subchapter part and the policies
8and procedures adopted by the department pursuant to this
9subchapter part.
10(5) Review and approve, prior to promulgation, all rules
11adopted by the department under this subchapter part.
12 Sec. 1590. Section 135.63, subsection 1, Code 2023, is
13amended to read as follows:
141. A new institutional health service or changed
15institutional health service shall not be offered or developed
16in this state without prior application to the department
17for and receipt of a certificate of need, pursuant to this
18subchapter part. The application shall be made upon forms
19furnished or prescribed by the department and shall contain
20such information as the department may require under this
21subchapter part. The application shall be accompanied
22by a fee equivalent to three-tenths of one percent of the
23anticipated cost of the project with a minimum fee of six
24hundred dollars and a maximum fee of twenty-one thousand
25dollars. The fee shall be remitted by the department to the
26treasurer of state, who shall place it in the general fund of
27the state. If an application is voluntarily withdrawn within
28thirty calendar days after submission, seventy-five percent
29of the application fee shall be refunded; if the application
30is voluntarily withdrawn more than thirty but within sixty
31days after submission, fifty percent of the application fee
32shall be refunded; if the application is withdrawn voluntarily
33more than sixty days after submission, twenty-five percent of
34the application fee shall be refunded. Notwithstanding the
35required payment of an application fee under this subsection,
-988-1an applicant for a new institutional health service or a
2changed institutional health service offered or developed by
3an intermediate care facility for persons with an intellectual
4disability or an intermediate care facility for persons with
5mental illness as defined pursuant to section 135C.1 is exempt
6from payment of the application fee.
7 Sec. 1591. Section 135.63, subsection 2, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9This subchapter part shall not be construed to augment,
10limit, contravene, or repeal in any manner any other statute
11of this state which may authorize or relate to licensure,
12regulation, supervision, or control of, nor to be applicable
13to:
14 Sec. 1592. Section 135.63, subsection 2, paragraph f, Code
152023, is amended to read as follows:
16f. A residential care facility, as defined in section
17135C.1, including a residential care facility for persons with
18an intellectual disability, notwithstanding any provision in
19this subchapter part to the contrary.
20 Sec. 1593. Section 135.63, subsection 2, paragraph g,
21subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
22to read as follows:
23A reduction in bed capacity of an institutional health
24facility, notwithstanding any provision in this subchapter part
25 to the contrary, if all of the following conditions exist:
26 Sec. 1594. Section 135.63, subsection 2, paragraph h,
27subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
28to read as follows:
29The deletion of one or more health services, previously
30offered on a regular basis by an institutional health facility
31or health maintenance organization, notwithstanding any
32provision of this subchapter part to the contrary, if all of
33the following conditions exist:
34 Sec. 1595. Section 135.63, subsection 2, paragraph j, Code
352023, is amended to read as follows:
-989- 1j. The construction, modification, or replacement of
2nonpatient care services, including parking facilities,
3heating, ventilation and air conditioning systems, computers,
4telephone systems, medical office buildings, and other projects
5of a similar nature, notwithstanding any provision in this
6subchapter part to the contrary.
7 Sec. 1596. Section 135.63, subsection 2, paragraph k,
8subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
9to read as follows:
10The redistribution of beds by a hospital within the acute
11care category of bed usage, notwithstanding any provision in
12this subchapter part to the contrary, if all of the following
13conditions exist:
14 Sec. 1597. Section 135.63, subsection 2, paragraph l,
15unnumbered paragraph 1, Code 2023, is amended to read as
16follows:
17The replacement or modernization of any institutional health
18facility if the replacement or modernization does not add new
19health services or additional bed capacity for existing health
20services, notwithstanding any provision in this subchapter
21 part to the contrary. With respect to a nursing facility,
22“replacement” means establishing a new facility within the same
23county as the prior facility to be closed. With reference to
24a hospital, “replacement” means establishing a new hospital
25that demonstrates compliance with all of the following criteria
26through evidence submitted to the department:
27 Sec. 1598. Section 135.63, subsection 2, paragraphs m and n,
28Code 2023, are amended to read as follows:
29m. Hemodialysis services provided by a hospital or
30freestanding facility, notwithstanding any provision in this
31subchapter part to the contrary.
32n. Hospice services provided by a hospital, notwithstanding
33any provision in this subchapter part to the contrary.
34 Sec. 1599. Section 135.63, subsection 2, paragraph p,
35unnumbered paragraph 1, Code 2023, is amended to read as
-990-1follows:
2The conversion of an existing number of beds by an
3intermediate care facility for persons with an intellectual
4disability to a smaller facility environment, including but not
5limited to a community-based environment which does not result
6in an increased number of beds, notwithstanding any provision
7in this subchapter part to the contrary, including subsection
84, if all of the following conditions exist:
9 Sec. 1600. Section 135.63, subsection 3, Code 2023, is
10amended to read as follows:
113. This subchapter part shall not be construed to be
12applicable to a health care facility operated by and for the
13exclusive use of members of a religious order, which does
14not admit more than two individuals to the facility from the
15general public, and which was in operation prior to July 1,
161986. However, this subchapter part is applicable to such
17a facility if the facility is involved in the offering or
18developing of a new or changed institutional health service on
19or after July 1, 1986.
20 Sec. 1601. Section 135.63, subsection 4, unnumbered
21paragraph 1, Code 2023, is amended to read as follows:
22A copy of the application shall be sent to the department
23of health and human services at the time the application
24is submitted to the Iowa department of public health. The
25department shall not process applications for and the council
26shall not consider a new or changed institutional health
27service for an intermediate care facility for persons with an
28intellectual disability unless both of the following conditions
29are met:
30 Sec. 1602. Section 135.64, subsection 3, Code 2023, is
31amended to read as follows:
323. In the evaluation of applications for certificates
33of need submitted by the university of Iowa hospitals and
34clinics, the unique features of that institution relating to
35statewide tertiary health care, health science education, and
-991-1clinical research shall be given due consideration. Further,
2in administering this subchapter part, the unique capacity of
3university hospitals for the evaluation of technologically
4innovative equipment and other new health services shall be
5utilized.
6 Sec. 1603. Section 135.72, unnumbered paragraph 1, Code
72023, is amended to read as follows:
8The department shall adopt, with approval of the council,
9such administrative rules as are necessary to enable it to
10implement this subchapter part. These rules shall include:
11 Sec. 1604. Section 135.73, subsection 1, Code 2023, is
12amended to read as follows:
131. Any party constructing a new institutional health
14facility or an addition to or renovation of an existing
15institutional health facility without first obtaining a
16certificate of need or, in the case of a mobile health service,
17ascertaining that the mobile health service has received
18certificate of need approval, as required by this subchapter
19 part, shall be denied licensure or change of licensure by the
20appropriate responsible licensing agency of this state.
21 Sec. 1605. Section 135.73, subsection 2, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23A party violating this subchapter part shall be subject
24to penalties in accordance with this section. The
25department shall adopt rules setting forth the violations by
26classification, the criteria for the classification of any
27violation not listed, and procedures for implementing this
28subsection.
29 Sec. 1606. Section 135.73, subsection 3, Code 2023, is
30amended to read as follows:
313. Notwithstanding any other sanction imposed pursuant
32to this section, a party offering or developing any new
33institutional health service or changed institutional health
34service without first obtaining a certificate of need as
35required by this subchapter part may be temporarily or
-992-1permanently restrained from doing so by any court of competent
2jurisdiction in any action brought by the state, any of its
3political subdivisions, or any other interested person.
4 Sec. 1607. Section 135.74, subsection 3, Code 2023, is
5amended to read as follows:
63. The department shall, where appropriate, provide for
7modification, consistent with the purposes of this subchapter
8 part, of reporting requirements to correctly reflect the
9differences among hospitals and among health care facilities
10referred to in subsection 2, and to avoid otherwise unduly
11burdensome costs in meeting the requirements of uniform methods
12of financial reporting.
13 Sec. 1608. Section 135.75, subsection 2, Code 2023, is
14amended to read as follows:
152. Where more than one licensed hospital or health
16care facility is operated by the reporting organization,
17the information required by this section shall be reported
18separately for each licensed hospital or health care facility.
19The department shall require preparation of specified financial
20reports by a certified public accountant, and may require
21attestation of responsible officials of the reporting hospital
22or health care facility that the reports submitted are to the
23best of their knowledge and belief prepared in accordance with
24the prescribed methods of reporting. The department shall
25have the right to inspect the books, audits and records of any
26hospital or health care facility as reasonably necessary to
27verify reports submitted pursuant to this subchapter part.
28 Sec. 1609. Section 135.76, subsection 1, Code 2023, is
29amended to read as follows:
301. The department shall from time to time undertake analyses
31and studies relating to hospital and health care facility
32costs and to the financial status of hospitals or health care
33facilities, or both, which are subject to the provisions of
34this subchapter part. It shall further require the filing
35of information concerning the total financial needs of each
-993-1individual hospital or health care facility and the resources
2currently or prospectively available to meet these needs,
3including the effect of proposals made by health systems
4agencies. The department shall also prepare and file such
5summaries and compilations or other supplementary reports based
6on the information filed with it as will, in its judgment,
7advance the purposes of this subchapter part.
8 Sec. 1610. Section 135C.2, subsection 3, paragraph c, Code
92023, is amended to read as follows:
10c. The rules adopted for intermediate care facilities for
11persons with an intellectual disability shall be consistent
12with, but no more restrictive than, the federal standards for
13intermediate care facilities for persons with an intellectual
14disability established pursuant to the federal Social Security
15Act, §1905(c)(d), as codified in 42 U.S.C. §1396d, in effect on
16January 1, 1989. However, in order for an intermediate care
17facility for persons with an intellectual disability to be
18licensed, the state fire marshal director must certify to the
19department that the facility meets the applicable provisions
20of the rules adopted for such facilities by the state fire
21marshal director. The state fire marshal’s director’s rules
22shall be based upon such a facility’s compliance with either
23the provisions applicable to health care occupancies or
24residential board and care occupancies of the life safety code
25of the national fire protection association, 2000 edition. The
26department shall adopt additional rules for intermediate care
27facilities for persons with an intellectual disability pursuant
28to section 135C.14, subsection 8.
29 Sec. 1611. Section 135C.2, subsection 5, paragraph b, Code
302023, is amended to read as follows:
31b. A facility must be located in an area zoned for single or
32multiple-family housing or in an unincorporated area and must
33be constructed in compliance with applicable local requirements
34and the rules adopted for the special classification by the
35state fire marshal director in accordance with the concept of
-994-1the least restrictive environment for the facility residents.
2Local requirements shall not be more restrictive than the
3rules adopted for the special classification by the state fire
4marshal director and the state building code requirements for
5single or multiple-family housing, under section 103A.7.
6 Sec. 1612. Section 135C.5, Code 2023, is amended to read as
7follows:
8135C.5 Limitations on use.
9Another business or activity serving persons other than
10the residents of a health care facility may be operated or
11provided in a designated part of the physical structure of
12the health care facility if the other business or activity
13meets the requirements of applicable state and federal
14laws, administrative rules, and federal regulations. The
15department shall not limit the ability of a health care
16facility to operate or provide another business or activity
17in the designated part of the facility if the business or
18activity does not interfere with the use of the facility by the
19residents or with the services provided to the residents, and
20is not disturbing to the residents. In denying the ability of
21a health care facility to operate or provide another business
22or activity under this section, the burden of proof shall be
23on the department to demonstrate that the other business or
24activity substantially interferes with the use of the facility
25by the residents or the services provided to the residents,
26or is disturbing to the residents. The state fire marshal
27 director, in accordance with chapter 17A, shall adopt rules
28which establish criteria for approval of a business or activity
29to be operated or provided in a designated part of the physical
30structure of a health care facility. For the purposes of
31this section, “another business or activity” shall not include
32laboratory services with the exception of laboratory services
33for which a waiver from regulatory oversight has been obtained
34under the federal Clinical Laboratory Improvement Amendments of
351988, Pub.L. No.100-578, as amended, radiological services,
-995-1anesthesiology services, obstetrical services, surgical
2services, or emergency room services provided by hospitals
3licensed under chapter 135B.
4 Sec. 1613. Section 135C.9, Code 2023, is amended to read as
5follows:
6135C.9 Inspection before issuance — notice of deficiencies.
71. The department shall not issue a health care facility
8license to any applicant until:
9a. The department has ascertained that the staff and
10equipment of the facility is adequate to provide the care and
11services required of a health care facility of the category
12for which the license is sought. Prior to the review and
13approval of plans and specifications for any new facility
14and the initial licensing under a new licensee, a resume of
15the programs and services to be furnished and of the means
16available to the applicant for providing the same and for
17meeting requirements for staffing, equipment, and operation
18of the health care facility, with particular reference to the
19professional requirements for services to be rendered, shall be
20submitted in writing to the department for review and approval.
21The resume shall be reviewed by the department within ten
22working days and returned to the applicant. The resume shall,
23upon the department’s request, be revised as appropriate by the
24facility from time to time after issuance of a license.
25b. The facility has been inspected by the state fire marshal
26or a deputy appointed by the fire marshal for that purpose
27 director, who may be a member of a municipal fire department,
28and the department has received either a certificate of
29compliance or a provisional certificate of compliance by
30the facility with the fire hazard and fire safety rules and
31standards of the department as promulgated by the fire marshal
32 director and, where applicable, the fire safety standards
33required for participation in programs authorized by either
34Tit.XVIII or Tit.XIX of the United States Social Security
35Act, codified at 42 U.S.C. §1395 – 1395ll and 1396 – 1396g. The
-996-1certificate or provisional certificate shall be signed by the
2fire marshal director or the fire marshal’s deputy director’s
3designee who made the inspection. If the state fire marshal
4or a deputy director finds a deficiency upon inspection, the
5notice to the facility shall be provided in a timely manner
6and shall specifically describe the nature of the deficiency,
7identifying the Code section or subsection or the rule or
8standard violated. The notice shall also specify the time
9allowed for correction of the deficiency, at the end of which
10time the fire marshal or a deputy director shall perform a
11follow-up inspection.
122. The rules and standards promulgated by the fire marshal
13 director pursuant to subsection 1, paragraph “b” of this section
14shall be substantially in keeping with the latest generally
15recognized safety criteria for the facilities covered, of which
16the applicable criteria recommended and published from time
17to time by the national fire protection association shall be
18prima facie evidence. The rules and standards promulgated by
19the fire marshal director shall be promulgated in consultation
20with the department and shall, to the greatest extent possible,
21be consistent with rules adopted by the department under this
22chapter.
233. The state fire marshal or the fire marshal’s deputy
24 director may issue successive provisional certificates of
25compliance for periods of one year each to a facility which is
26in substantial compliance with the applicable fire hazard and
27fire safety rules and standards, upon satisfactory evidence
28of an intent, in good faith, by the owner or operator of the
29facility to correct the deficiencies noted upon inspection
30within a reasonable period of time as determined by the state
31fire marshal or the fire marshal’s deputy director. Renewal
32of a provisional certificate shall be based on a showing
33of substantial progress in eliminating deficiencies noted
34upon the last previous inspection of the facility without
35the appearance of additional deficiencies other than those
-997-1arising from changes in the fire hazard and fire safety rules,
2regulations and standards which have occurred since the last
3previous inspection, except that substantial progress toward
4achievement of a good faith intent by the owner or operator to
5replace the entire facility within a reasonable period of time,
6as determined by the state fire marshal or the fire marshal’s
7deputy director, may be accepted as a showing of substantial
8progress in eliminating deficiencies, for the purposes of this
9section.
104. If a facility subject to licensure under this chapter,
11a facility exempt from licensure under this chapter pursuant
12to section 135C.6, or a family home under section 335.25
13or 414.22, has been issued a certificate of compliance or
14a provisional certificate of compliance under subsection
151 or 3, or has otherwise been approved as complying with
16a rule or standard by the state or a deputy fire marshal
17 the director or a local building department as defined in
18section 103A.3, the state or deputy fire marshal director
19 or local building department which issued the certificate,
20provisional certificate, or approval shall not apply additional
21requirements for compliance with the rule or standard unless
22the rule or standard is revised in accordance with chapter 17A
23or with local regulatory procedure following issuance of the
24certificate, provisional certificate, or approval.
25 Sec. 1614. Section 135C.14, unnumbered paragraph 1, Code
262023, is amended to read as follows:
27The department shall, in accordance with chapter 17A
28and with the approval of the state board of health, adopt
29and enforce rules setting minimum standards for health care
30facilities. In so doing, the department, with the approval
31of the state board of health, may adopt by reference, with
32or without amendment, nationally recognized standards and
33rules, which shall be specified by title and edition, date
34of publication, or similar information. The rules and
35standards required by this section shall be formulated in
-998-1consultation with the director of health and human services or
2the director’s director of health and human services’ designee,
3with the state fire marshal director, and with affected
4industry, professional, and consumer groups, and shall be
5designed to further the accomplishment of the purposes of this
6chapter and shall relate to:
7 Sec. 1615. Section 135C.14, subsection 1, Code 2023, is
8amended to read as follows:
91. Location and construction of the facility, including
10plumbing, heating, lighting, ventilation, and other housing
11conditions, which shall ensure the health, safety and comfort
12of residents and protection from fire hazards. The rules of
13the department relating to protection from fire hazards and
14fire safety shall be promulgated by the state fire marshal
15 director in consultation with the department, and shall be in
16keeping with the latest generally recognized safety criteria
17for the facilities covered of which the applicable criteria
18recommended and published from time to time by the national
19fire protection association are prima facie evidence. To
20the greatest extent possible, the rules promulgated by the
21state fire marshal director shall be consistent with the rules
22adopted by the department under this chapter.
23 Sec. 1616. Section 135C.16, subsection 3, Code 2023, is
24amended to read as follows:
253. An authorized representative of the department may
26enter any licensed health care facility without a warrant,
27and may examine all records pertaining to the care provided
28residents of the facility. An authorized representative of the
29department may contact or interview any resident, employee, or
30any other person who might have knowledge about the operation
31of a health care facility. An authorized representative of
32the department of human services shall have the same right
33with respect to any facility where one or more residents are
34cared for entirely or partially at public expense, and an
35authorized representative of the designated protection and
-999-1advocacy agency shall have the same right with respect to
2any facility where one or more residents have developmental
3disabilities or mental illnesses, and the state fire marshal or
4a deputy appointed pursuant to section 135C.9, subsection 1,
5paragraph “b”, director shall have the same right of entry into
6any facility and the right to inspect any records pertinent
7to fire safety practices and conditions within that facility,
8and an authorized representative of the office of long-term
9care ombudsman shall have the same right with respect to any
10nursing facility or residential care facility. If any such
11authorized representative has probable cause to believe that
12any institution, building, or agency not licensed as a health
13care facility is in fact a health care facility as defined
14by this chapter, and upon producing identification that the
15individual is an authorized representative is denied entry
16thereto for the purpose of making an inspection, the authorized
17representative may, with the assistance of the county attorney
18of the county in which the purported health care facility is
19located, apply to the district court for an order requiring
20the owner or occupant to permit entry and inspection of the
21premises to determine whether there have been any violations of
22this chapter.
23 Sec. 1617. Section 135C.17, Code 2023, is amended to read
24as follows:
25135C.17 Duties of other departments.
26It shall be the duty of the department of human services,
27state fire marshal, office of long-term care ombudsman, and
28the officers and agents of other state and local governmental
29units, and the designated protection and advocacy agency to
30assist the department in carrying out the provisions of this
31chapter, insofar as the functions of these respective offices
32and departments are concerned with the health, welfare, and
33safety of any resident of any health care facility. It shall
34be the duty of the department to cooperate with the protection
35and advocacy agency and the office of long-term care ombudsman
-1000-1by responding to all reasonable requests for assistance and
2information as required by federal law and this chapter.
3 Sec. 1618. Section 135I.1, subsection 1, Code 2023, is
4amended to read as follows:
51. “Department” means the Iowa department of public health
6 inspections, appeals, and licensing.
7 Sec. 1619. Section 135K.1, subsection 3, Code 2023, is
8amended to read as follows:
93. “Department” means the Iowa department of public health
10 inspections, appeals, and licensing.
11 Sec. 1620. Section 136D.2, subsections 1 and 2, Code 2023,
12are amended to read as follows:
131. “Department” means the Iowa department of public health
14 inspections, appeals, and licensing.
152. “Director” means the director of public health the
16department of inspections, appeals, and licensing, or the
17director’s designee.
18 Sec. 1621. Section 137C.35, subsection 2, Code 2023, is
19amended to read as follows:
202. A bed and breakfast inn is subject to regulation,
21licensing, and inspection under this chapter, but separate
22toilet and lavatory facilities shall not be required for each
23guest room. Additionally, a bed and breakfast inn is exempt
24from fire safety rules adopted pursuant to section 100.35 and
25applicable to hotels, but is subject to fire safety rules which
26the state fire marshal director shall specifically adopt for
27bed and breakfast inns.
28 Sec. 1622. Section 138.1, subsections 4 and 5, Code 2023,
29are amended to read as follows:
304. “Department” means the Iowa department of public health
31 inspections, appeals, and licensing.
325. “Director” means the director of public health the
33department of inspections, appeals, and licensing or the
34director’s designee.
35 Sec. 1623. Section 147.1, subsection 2, Code 2023, is
-1001-1amended to read as follows:
22. “Department” means the department of public health
3 inspections, appeals, and licensing.
4 Sec. 1624. Section 147.82, Code 2023, is amended to read as
5follows:
6147.82 Fee retention.
7All fees collected by a board listed in section 147.13 or
8by the department for the bureau of professional licensure,
9and fees collected pursuant to sections 124.301 and 147.80 and
10chapter 155A by the board of pharmacy, shall be retained by
11each board or by the department for the bureau of professional
12licensure. The moneys retained by a board shall be used for
13any of the board’s duties, including but not limited to the
14addition of full-time equivalent positions for program services
15and investigations. Revenues retained by a board pursuant
16to this section shall be considered repayment receipts as
17defined in section 8.2. Notwithstanding section 8.33, moneys
18retained by a board pursuant to this section are not subject to
19reversion to the general fund of the state.
20 Sec. 1625. Section 148C.1, subsection 4, Code 2023, is
21amended to read as follows:
224. “Department” means the department of public health
23 inspections, appeals, and licensing.
24 Sec. 1626. Section 152B.1, subsection 2, Code 2023, is
25amended to read as follows:
262. “Department” means the Iowa department of public health
27 inspections, appeals, and licensing.
28 Sec. 1627. Section 154A.1, subsection 2, Code 2023, is
29amended to read as follows:
302. “Department” means the Iowa department of public health
31 inspections, appeals, and licensing.
32 Sec. 1628. Section 154B.8, Code 2023, is amended to read as
33follows:
34154B.8 Voluntary surrender of license.
35The director of public health the department of inspections,
-1002-1appeals, and licensing may accept the voluntary surrender of
2license if accompanied by a written statement of intention.
3The voluntary surrender, when accepted, shall have the same
4force and effect as an order of revocation.
5 Sec. 1629. Section 154B.13, subsection 2, Code 2023, is
6amended to read as follows:
72. The board shall appoint a prescribing psychologist
8rules subcommittee comprised of a psychologist appointed by
9the board, a physician appointed by the board of medicine, and
10a member of the public appointed by the director of public
11health the department of inspections, appeals, and licensing to
12develop rules for consideration by the board pursuant to this
13section.
14 Sec. 1630. Section 154E.1, subsection 3, Code 2023, is
15amended to read as follows:
163. “Department” means the Iowa department of public health
17 inspections, appeals, and licensing.
18 Sec. 1631. Section 155A.13, subsection 3, paragraph d, Code
192023, is amended to read as follows:
20d. An applicant seeking a special or limited-use pharmacy
21license for a proposed telepharmacy site that does not meet the
22mileage requirement established in paragraph “c” and is not
23statutorily exempt from the mileage requirement may apply to
24the board for a waiver of the mileage requirement. A waiver
25request shall only be granted if the applicant can demonstrate
26to the board that the proposed telepharmacy site is located in
27an area where there is limited access to pharmacy services and
28can establish the existence of compelling circumstances that
29justify waiving the mileage requirement. The board’s decision
30to grant or deny a waiver request shall be a proposed decision
31subject to mandatory review by the director of public health
32 the department of inspections, appeals, and licensing. The
33director shall review a proposed decision and shall have the
34power to approve, modify, or veto a proposed decision. The
35director’s decision on a waiver request shall be considered
-1003-1final agency action subject to judicial review under chapter
217A.
3 Sec. 1632. Section 156.1A, Code 2023, is amended to read as
4follows:
5156.1A Provision of services.
6Nothing contained in this chapter shall be construed
7as prohibiting the operation of any funeral home, funeral
8establishment, or cremation establishment by any person,
9heir, fiduciary, firm, cooperative burial association, or
10corporation. However, each such person, firm, cooperative
11burial association, or corporation shall ensure that
12all mortuary science services are provided by a funeral
13director, and shall keep the Iowa department of public health
14 inspections, appeals, and licensing advised of the name of the
15funeral director.
16 Sec. 1633. Section 156.10, Code 2023, is amended to read as
17follows:
18156.10 Inspection.
191. The director of public health the department of
20inspections, appeals, and licensing may inspect all places
21where dead human bodies are prepared or held for burial,
22entombment, or cremation, and may adopt and enforce such rules
23and regulations in connection with the inspection as may be
24necessary for the preservation of the public health.
252. The Iowa department of public health inspections,
26appeals, and licensing may assess an inspection fee for an
27inspection of a place where dead human bodies are prepared
28for burial or cremation. The fee may be determined by the
29department by rule.
30 Sec. 1634. Section 157.1, subsection 7, Code 2023, is
31amended to read as follows:
327. “Department” means the Iowa department of public health
33 inspections, appeals, and licensing.
34 Sec. 1635. Section 157.7, subsections 1 and 2, Code 2023,
35are amended to read as follows:
-1004- 11. The department of inspections and appeals shall
2employ personnel pursuant to chapter 8A, subchapter IV, to
3perform duties related to inspection functions under this
4chapter. The department of inspections and appeals shall, when
5possible, integrate inspection efforts under this chapter with
6inspections conducted under chapter 158.
72. The Iowa department of public health may employ clerical
8assistants pursuant to chapter 8A, subchapter IV, to administer
9and enforce this chapter. The costs and expenses of the
10clerical assistants shall be paid from funds appropriated to
11the department of public health.
12 Sec. 1636. Section 158.1, subsection 6, Code 2023, is
13amended to read as follows:
146. “Department” means the Iowa department of public health
15 inspections, appeals, and licensing.
16 Sec. 1637. Section 158.6, Code 2023, is amended to read as
17follows:
18158.6 Inspectors and clerical assistants.
191. The department of inspections and appeals shall
20employ personnel pursuant to chapter 8A, subchapter IV, to
21perform duties related to inspection functions under this
22chapter. The department of inspections and appeals shall, when
23possible, integrate inspection efforts under this chapter with
24inspections conducted under chapter 157.
252. The Iowa department of public health may employ clerical
26assistants pursuant to chapter 8A, subchapter IV, to administer
27and enforce this chapter. The costs and expenses of the
28clerical assistants shall be paid from funds appropriated to
29the department of public health.
30 Sec. 1638. Section 214A.35, subsection 2, paragraph g, Code
312023, is amended to read as follows:
32g. The department of agriculture and land stewardship may
33cooperate with the department of natural resources and the
34state fire marshal department of inspections, appeals, and
35licensing in administering and enforcing the provisions of this
-1005-1section.
2 Sec. 1639. Section 218.4, subsection 3, Code 2023, is
3amended to read as follows:
43. The state fire marshal department of inspections,
5appeals, and licensing shall cause to be made an annual
6inspection of all the institutions listed in section 218.1
7and shall make written report thereof to the particular
8administrator of the state department of human services in
9control of such institution.
10 Sec. 1640. Section 231B.4, Code 2023, is amended to read as
11follows:
12231B.4 Zoning — fire and safety standards.
13An elder group home shall be located in an area zoned
14for single-family or multiple-family housing or in an
15unincorporated area and shall be constructed in compliance with
16applicable local housing codes and the rules adopted for the
17special classification by the state fire marshal department.
18In the absence of local building codes, the facility shall
19comply with the state plumbing code established pursuant to
20section 135.11 and the state building code established pursuant
21to section 103A.7 and the rules adopted for the special
22classification by the state fire marshal department. The
23rules adopted for the special classification by the state fire
24marshal department regarding second floor occupancy shall be
25adopted in consultation with the department and shall take into
26consideration the mobility of the tenants.
27 Sec. 1641. Section 231C.4, Code 2023, is amended to read as
28follows:
29231C.4 Fire and safety standards.
30The state fire marshal department shall adopt rules, in
31coordination with the department, relating to the certification
32and monitoring of the fire and safety standards of certified
33assisted living programs.
34 Sec. 1642. Section 231D.15, Code 2023, is amended to read
35as follows:
-1006- 1231D.15 Fire and safety standards.
2The state fire marshal department shall adopt rules, in
3coordination with the department, relating to the certification
4and monitoring of the fire and safety standards of adult day
5services programs.
6 Sec. 1643. Section 235A.15, subsection 2, paragraph d,
7subparagraph (7), Code 2023, is amended to read as follows:
8(7) Each licensing board specified under chapter 147 and
9the Iowa department of public health inspections, appeals,
10and licensing for the purpose of licensure, certification or
11registration, disciplinary investigation, or the renewal of
12licensure, certification or registration, or disciplinary
13proceedings of health care professionals.
14 Sec. 1644. Section 237.3, subsection 3, Code 2023, is
15amended to read as follows:
163. Rules governing fire safety in facilities with child
17foster care provided by agencies shall be promulgated by the
18state fire marshal director of the department of inspections,
19appeals, and licensing pursuant to section 100.1, subsection 5
20 10A.511 after consultation with the administrator.
21 Sec. 1645. Section 237A.3A, subsection 3, paragraph c, Code
222023, is amended to read as follows:
23c. In consultation with the state fire marshal director
24of the department of inspections, appeals, and licensing, the
25department shall adopt rules relating to the provision of fire
26extinguishers, smoke detectors, and two exits accessible to
27children in a child development home.
28 Sec. 1646. Section 237A.4, Code 2023, is amended to read as
29follows:
30237A.4 Inspection and evaluation.
31The department shall make periodic inspections of licensed
32centers to ensure compliance with licensing requirements
33provided in this chapter, and the local boards of health
34may make periodic inspections of licensed centers to ensure
35compliance with health-related licensing requirements provided
-1007-1in this chapter. The department may inspect records maintained
2by a licensed center and may inquire into matters concerning
3these centers and the persons in charge. The department
4shall require that the center be inspected by the state fire
5marshal director of the department of inspections, appeals,
6and licensing or a designee for compliance with rules relating
7to fire safety before a license is granted or renewed. The
8department or a designee may periodically visit registered
9child development homes for the purpose of evaluation of an
10inquiry into matters concerning compliance with rules adopted
11under section 237A.12. Evaluation of child development homes
12under this section may include consultative services provided
13pursuant to section 237A.6.
14 Sec. 1647. Section 237A.12, subsections 2, 3, and 4, Code
152023, are amended to read as follows:
162. Rules adopted by the state fire marshal director of
17the department of inspections, appeals, and licensing for
18buildings, other than school buildings, used as child care
19centers as an adjunct to the primary purpose of the building
20shall take into consideration that children are received for
21temporary care only and shall not differ from rules adopted
22for these buildings when they are used by groups of persons
23congregating from time to time in the primary use and occupancy
24of the buildings. However, the rules may require a fire-rated
25separation from the remaining portion of the building if
26the fire marshal director of the department of inspections,
27appeals, and licensing determines that the separation is
28necessary for the protection of children from a specific
29flammable hazard.
303. Rules relating to fire safety for child care centers
31shall be adopted under this chapter by the state fire marshal
32 director of the department of inspections, appeals, and
33licensing in consultation with the department. Rules adopted
34by the state fire marshal director of the department of
35inspections, appeals, and licensing for a building which is
-1008-1owned or leased by a school district or accredited nonpublic
2school and used as a child care facility shall not differ from
3standards adopted by the state fire marshal director of the
4department of inspections, appeals, and licensing for school
5buildings under chapter 100 10A, subchapter V, part 2. Rules
6relating to sanitation shall be adopted by the department in
7consultation with the director of public health. All rules
8shall be developed in consultation with the state child care
9advisory committee. The state fire marshal director of the
10department of inspections, appeals, and licensing shall inspect
11the facilities.
124. If a building is owned or leased by a school district
13or accredited nonpublic school and complies with standards
14adopted by the state fire marshal director of the department
15of inspections, appeals, and licensing for school buildings
16under chapter 100 10A, subchapter V, part 2, the building is
17considered appropriate for use by a child care facility. The
18rules adopted by the administrator under this section shall not
19require the facility to comply with building requirements which
20differ from requirements for use of the building as a school.
21 Sec. 1648. Section 237C.4, subsection 2, Code 2023, is
22amended to read as follows:
232. Before the administrator department issues or reissues a
24certificate of approval to a children’s residential facility
25under section 237C.6, the facility shall comply with standards
26adopted by the state fire marshal director of the department
27of inspections, appeals, and licensing under chapter 100 10A,
28subchapter V, part 2.
29 Sec. 1649. Section 237C.6, subsection 2, Code 2023, is
30amended to read as follows:
312. The certificate of approval shall state on its face the
32name of the holder of the certificate, the particular premises
33for which the certificate is issued, and the number of children
34who may be cared for by the children’s residential facility on
35the premises at one time under the certificate of occupancy
-1009-1issued by the state fire marshal director of the department of
2inspections, appeals, and licensing or the state fire marshal’s
3 director’s designee. The certificate of approval shall be
4posted in a conspicuous place in the children’s residential
5facility.
6 Sec. 1650. Section 261B.11, subsection 1, paragraph m, Code
72023, is amended to read as follows:
8m. Higher education institutions located in Iowa whose
9massage therapy curriculum is approved under administrative
10rules of the professional licensure division of the department
11of public health inspections, appeals, and licensing and whose
12instructors are licensed massage therapists under chapter 152C.
13 Sec. 1651. Section 262.33A, Code 2023, is amended to read
14as follows:
15262.33A Fire and environmental safety — report —
16expenditures.
17It is the intent of the general assembly that each
18institution of higher education under the control of the state
19board of regents shall, in consultation with the state fire
20marshal director of the department of inspections, appeals,
21and licensing, identify and correct all critical fire and
22environmental safety deficiencies. Commencing July 1, 1993,
23each institution under the control of the state board of
24regents shall expend annually for fire safety and deferred
25maintenance at least the amount budgeted for these purposes
26for the fiscal year beginning July 1, 1992, in addition to any
27moneys appropriated from the general fund for these purposes in
28succeeding years.
29 Sec. 1652. Section 272C.1, subsection 6, paragraphs af and
30ag, Code 2023, are amended to read as follows:
31af. The department of public safety inspections, appeals,
32and licensing, in licensing fire protection system installers
33and maintenance workers pursuant to chapter 100D.
34ag. The superintendent of the division of banking director
35 of the department of commerce inspections, appeals, and
-1010-1licensing in registering and supervising appraisal management
2companies pursuant to chapter 543E.
3 Sec. 1653. Section 272C.3, subsection 4, paragraph b, Code
42023, is amended to read as follows:
5b. All health care boards shall file written decisions
6which specify the sanction entered by the board with the Iowa
7 department of public health inspections, appeals, and licensing
8 which shall be available to the public upon request. All
9non-health care boards shall have on file the written and
10specified decisions and sanctions entered by the board and
11shall be available to the public upon request.
12 Sec. 1654. Section 272C.4, subsection 9, Code 2023, is
13amended to read as follows:
149. Require each health care licensing board to file with
15the Iowa department of public health inspections, appeals,
16and licensing a copy of each decision of the board imposing
17licensee discipline. Each non-health care board shall have on
18file a copy of each decision of the board imposing licensee
19discipline which copy shall be properly dated and shall be in
20simple language and in the most concise form consistent with
21clearness and comprehensiveness of subject matter.
22 Sec. 1655. Section 279.49, subsection 3, Code 2023, is
23amended to read as follows:
243. The facilities housing a program operated under this
25section shall comply with standards adopted by the state fire
26marshal director of the department of inspections, appeals,
27and licensing for school buildings under chapter 100 10A,
28subchapter V, part 2. In addition, if a program involves
29children who are younger than school age, the facilities
30housing those children shall meet the fire safety standards
31which would apply to that age of child in a child care facility
32licensed by the department of human services.
33 Sec. 1656. Section 292.2, subsection 7, unnumbered
34paragraph 1, Code 2023, is amended to read as follows:
35The department shall form a task force to review
-1011-1applications for financial assistance and provide
2recommendations to the school budget review committee. The
3task force shall include, at a minimum, representatives from
4the kindergarten through grade twelve education community, the
5state fire marshal director of the department of inspections,
6appeals, and licensing, and individuals knowledgeable in school
7infrastructure and construction issues. The department,
8in consultation with the task force, shall establish the
9parameters and the details of the criteria for awarding grants
10based on the information listed in subsection 3, including
11greater priority to the following:
12 Sec. 1657. Section 323.4A, subsection 2, paragraph b, Code
132023, is amended to read as follows:
14b. Using a dispenser to dispense ethanol blended gasoline,
15including gasoline with a specified blend or a range of
16blends under chapter 214A, if the dispenser is approved as
17required by the state fire marshal director of the department
18of inspections, appeals, and licensing for dispensing the
19specified blend or range of blends, including as provided in
20section 455G.31.
21 Sec. 1658. Section 423E.6, subsections 2, 3, and 4, Code
222023, are amended to read as follows:
232. The funds shall be allocated to the school budget
24review committee to develop a school infrastructure safety
25fund grant program, in conjunction with the state fire marshal
26 director of the department of inspections, appeals, and
27licensing. For purposes of reviewing grant applications and
28making recommendations regarding the administration of the
29program, the state fire marshal director of the department of
30inspections, appeals, and licensing shall be considered an
31additional voting member of the school budget review committee.
323. Top priority in awarding program grants shall be the
33making of school infrastructure improvements relating to fire
34and personal safety. School districts eligible for program
35grants shall have received an order or citation from the
-1012-1state fire marshal director of the department of inspections,
2appeals, and licensing, or a fire department chief or fire
3prevention officer, for one or more fire safety violations
4regarding a school facility, or in the opinion of the state
5fire marshal director of the department of inspections,
6appeals, and licensing shall be regarded as operating
7facilities subject to significant fire safety deficiencies.
8Grant awards shall also be available for defects or violations
9of the state building code, as adopted pursuant to section
10103A.7, revealed during an inspection of school facilities by
11a local building department, or for improvements consistent
12with the standards and specifications contained in the state
13building code regarding ensuring that buildings and facilities
14are accessible to and functional for persons with disabilities.
15The school budget review committee shall allocate program
16funds to school districts which, in its discretion, are
17determined to be faced with the most severe deficiencies.
18School districts applying for program grants shall have
19developed and submitted to the state fire marshal director of
20the department of inspections, appeals, and licensing or local
21building department a written plan to remedy fire or safety
22defects within a specified time frame. Approval of the written
23plan by the state fire marshal director of the department
24of inspections, appeals, and licensing or local building
25department shall be obtained prior to receipt of a grant award
26by a school district.
274. Application forms, submission dates for applications and
28for written plans to remedy fire or safety defects, and grant
29award criteria shall be developed by the state department of
30education, in coordination with the state fire marshal director
31of the department of inspections, appeals, and licensing, by
32rule.
33 Sec. 1659. Section 455B.390, subsection 3, Code 2023, is
34amended to read as follows:
353. The storage, transportation, handling, or use of
-1013-1flammable liquids, combustibles, and explosives, control over
2which is exercised by the state fire marshal director of the
3department of inspections, appeals, and licensing under chapter
4100 10A, subchapter V, part 2.
5 Sec. 1660. Section 455B.474, subsection 10, unnumbered
6paragraph 1, Code 2023, is amended to read as follows:
7Requirements that persons and companies performing or
8providing services for underground storage tank installations,
9installation inspections, testing, permanent closure of
10underground storage tanks by removal or filling in place, and
11other closure activities as defined by rules adopted by the
12commission be certified by the department. This provision does
13not apply to persons performing services in their official
14capacity and as authorized by the state fire marshal’s office
15 department of inspections, appeals, and licensing or fire
16departments of political subdivisions of the state. The rules
17adopted by the commission shall include all of the following:
18 Sec. 1661. Section 455B.474, subsection 10, paragraph c,
19Code 2023, is amended to read as follows:
20c. Requiring a written examination developed and
21administered by the department or by some other qualified
22public or private entity identified by the department.
23The department may contract with a public or private
24entity to administer the department’s examination or a
25department-approved third party examination. The examination
26shall, at a minimum, be sufficient to establish knowledge of
27all applicable underground storage tank rules adopted under
28this section, private industry standards, federal standards,
29and other applicable standards adopted by the state fire
30marshal’s office department of inspections, appeals, and
31licensing pursuant to chapter 101.
32 Sec. 1662. Section 455G.31, subsection 2, Code 2023, is
33amended to read as follows:
342. Subject to section 455G.32, a retail dealer may use
35gasoline storage and dispensing infrastructure to store and
-1014-1dispense ethanol blended gasoline classified as E-9 or higher
2if the department under this subchapter or the state fire
3marshal director of the department of inspections, appeals,
4and licensing under chapter 101 determines that the gasoline
5infrastructure is compatible with the classification of ethanol
6blended gasoline being used.
7 Sec. 1663. Section 455G.33, subsection 2, paragraph b, Code
82023, is amended to read as follows:
9b. Approved by the department or state fire marshal director
10of the department of inspections, appeals, and licensing
11 subject to conditions determined necessary by the department or
12state fire marshal director of the department of inspections,
13appeals, and licensing. The department or state fire marshal
14 director of the department of inspections, appeals, and
15licensing may waive the requirement in paragraph “a” upon
16satisfaction that a substitute requirement serves the same
17purpose.
18 Sec. 1664. Section 542.4, subsection 1, unnumbered
19paragraph 1, Code 2023, is amended to read as follows:
20An Iowa accountancy examining board is created within the
21professional licensing and regulation bureau of the banking
22division of the department of commerce inspections, appeals,
23and licensing to administer and enforce this chapter.
24 Sec. 1665. Section 542.4, subsection 6, Code 2023, is
25amended to read as follows:
266. The administrator director of the professional licensing
27and regulation bureau of the banking division of the department
28of commerce inspections, appeals, and licensing shall provide
29staffing assistance to the board for implementing this chapter.
30 Sec. 1666. Section 542B.3, Code 2023, is amended to read as
31follows:
32542B.3 Engineering and land surveying examining board
33created.
34An engineering and land surveying examining board is
35created within the professional licensing and regulation
-1015-1bureau of the banking division of the department of commerce
2 inspections, appeals, and licensing. The board consists of
3three members who are licensed professional engineers, two
4members who are licensed professional land surveyors, and
5two members who are not licensed professional engineers or
6licensed professional land surveyors and who shall represent
7the general public. An individual who is licensed as both
8a professional engineer and a professional land surveyor may
9serve to satisfy the board membership requirement for either
10a licensed professional engineer or a licensed professional
11land surveyor, but not both. Members shall be appointed
12by the governor subject to confirmation by the senate. A
13licensed member shall be actively engaged in the practice of
14engineering or land surveying and shall have been so engaged
15for five years preceding the appointment, the last two of which
16shall have been in Iowa. Insofar as practicable, licensed
17engineer members of the board shall be from different branches
18of the profession of engineering. Professional associations
19or societies composed of licensed engineers or licensed land
20surveyors may recommend the names of potential board members
21whose profession is representative of that association or
22society to the governor. However, the governor is not bound by
23the recommendations. A board member shall not be required to
24be a member of any professional association or society composed
25of professional engineers or professional land surveyors.
26 Sec. 1667. Section 542B.9, Code 2023, is amended to read as
27follows:
28542B.9 Organization of the board — staff.
29The board shall elect annually from its members a
30chairperson and a vice chairperson. The administrator director
31 of the professional licensing and regulation bureau of the
32banking division of the department of commerce inspections,
33appeals, and licensing shall hire and provide staff to assist
34the board in implementing this chapter. The board shall hold
35at least one meeting at the location of the board’s principal
-1016-1office, and meetings shall be called at other times by the
2administrator director or the director’s designee at the
3request of the chairperson or four members of the board. At
4any meeting of the board, a majority of members constitutes a
5quorum.
6 Sec. 1668. Section 543B.8, subsections 1 and 5, Code 2023,
7are amended to read as follows:
81. A real estate commission is created within the
9professional licensing and regulation bureau of the banking
10division of the department of commerce inspections, appeals,
11and licensing. The commission consists of five members
12licensed under this chapter and two members not licensed under
13this chapter and who shall represent the general public.
14Commission members shall be appointed by the governor subject
15to confirmation by the senate.
165. The administrator director of the professional licensing
17and regulation bureau of the banking division department of
18inspections, appeals, and licensing shall hire and provide
19staff to assist the commission with implementing this chapter.
20The administrator of the professional licensing and regulation
21bureau of the banking division of the department of commerce
22 and shall hire a real estate education director to assist
23the commission in administering education programs for the
24commission.
25 Sec. 1669. Section 543B.14, Code 2023, is amended to read
26as follows:
27543B.14 Fees and expenses.
28All fees and charges collected by the real estate commission
29under this chapter shall be paid into the general fund of the
30state, except that twenty-five dollars from each real estate
31salesperson’s license fee and each broker’s license fee is
32appropriated to the professional licensing and regulation
33bureau of the banking division of the department of commerce
34 shall be appropriated to the department of inspections,
35appeals, and licensing for the purpose of hiring and
-1017-1compensating a real estate education director and regulatory
2compliance personnel. All expenses incurred by the commission
3under this chapter, including compensation of staff assigned
4to the commission, shall be paid from funds appropriated for
5those purposes.
6 Sec. 1670. Section 543D.2, Code 2023, is amended by adding
7the following new subsection:
8 NEW SUBSECTION. 9A. “Director” means the director of
9the department of inspections, appeals, and licensing or the
10director’s designee.
11 Sec. 1671. Section 543D.2, subsection 14, Code 2023, is
12amended by striking the subsection.
13 Sec. 1672. Section 543D.4, subsection 1, Code 2023, is
14amended to read as follows:
151. A real estate appraiser examining board is established
16within the banking division of the department of commerce
17 inspections, appeals, and licensing. The board consists of
18seven members, two of whom shall be public members and five of
19whom shall be certified real estate appraisers.
20 Sec. 1673. Section 543D.5, subsection 1, Code 2023, is
21amended to read as follows:
221. The board shall adopt rules establishing uniform
23appraisal standards and appraiser certification requirements
24and other rules necessary to administer and enforce this
25chapter and its responsibilities under chapter 272C, subject to
26the superintendent’s director’s supervision and authority under
27section 543D.23. The board shall consider and may incorporate
28any standards required or recommended by the appraisal
29foundation or by a federal agency with regulatory authority
30over appraisal standards or the certification of appraisers for
31federally related transactions.
32 Sec. 1674. Section 543D.6, subsection 2, Code 2023, is
33amended to read as follows:
342. All fees collected by the board shall be deposited into
35the department of commerce revolving fund created in section
-1018-1546.12 and are appropriated to the superintendent director on
2behalf of the board to be used to administer this chapter,
3including but not limited to purposes such as examinations,
4investigations, and administrative staffing. Notwithstanding
5section 8.33, moneys retained by the superintendent director
6 pursuant to this section are not subject to reversion to the
7general fund of the state. However, the appraisal management
8company national registry fees the board collects on behalf of
9the appraisal subcommittee as defined in section 543E.3 shall
10be transmitted to the appraisal subcommittee in accordance with
11federal laws and regulations.
12 Sec. 1675. Section 543D.23, Code 2023, is amended to read
13as follows:
14543D.23 Superintendent Director supervision and authority.
151. The superintendent director shall supervise the
16board and manage the board’s budget and retained fees.
17The superintendent director may exercise all authority
18conferred upon the board under this chapter and shall have
19access to all records and information to which the board
20has access. In supervising the board, the superintendent
21 director shall independently evaluate the substantive merits
22of actions recommended or proposed by the board which may
23be anticompetitive and shall have the authority to review,
24approve, modify, or reject all board actions including but not
25limited to those taken in connection with any of the following:
26a. Initial or reciprocal certification of real estate
27appraisers, registration of associate real estate appraisers,
28and temporary practice permits.
29b. Disciplinary investigations and proceedings.
30c. Investigations and proceedings under section 543D.21.
31d. Rulemaking under chapter 17A, including orders on
32petitions for rulemaking.
33e. Orders on petitions for declaratory orders or waivers.
342. A person aggrieved by any final action of the board taken
35under this chapter shall not have exhausted administrative
-1019-1remedies until the person has appealed the action to the
2superintendent director and the superintendent director has
3issued a final decision or order.
43. The superintendent director shall adopt rules to
5implement this section.
6 Sec. 1676. Section 543E.3, subsection 1, Code 2023, is
7amended by striking the subsection.
8 Sec. 1677. Section 543E.3, subsection 8, Code 2023, is
9amended to read as follows:
108. “Appraiser panel” means a network, list, or roster of
11certified appraisers who are independent contractors with
12an appraisal management company and who have been selected
13and approved by the appraisal management company to perform
14appraisals directly for the appraisal management company or
15for persons that have ordered appraisals through the appraisal
16management company. Appraisers on an appraisal management
17company’s appraiser panel may include both appraisers engaged
18to perform one or more appraisals for covered transactions or
19for secondary mortgage market participants in connection with
20covered transactions, and appraisers accepted by the appraisal
21management company for consideration for future appraisal
22assignments for such purposes, as the administrator director
23 may further provide by rule.
24 Sec. 1678. Section 543E.3, Code 2023, is amended by adding
25the following new subsection:
26 NEW SUBSECTION. 13A. “Director” means the director of
27the department of inspections, appeals, and licensing or the
28director’s designee.
29 Sec. 1679. Section 543E.4, Code 2023, is amended to read as
30follows:
31543E.4 Registration required.
32A person shall not directly or indirectly engage in or
33attempt to engage in business as an appraisal management
34company or advertise or hold itself out as engaging in or
35conducting business as an appraisal management company in
-1020-1this state without first registering with the administrator
2 director.
3 Sec. 1680. Section 543E.6, subsection 2, Code 2023, is
4amended to read as follows:
52. A person who directly or indirectly owns more than
6ten percent of an appraisal management company in this
7state shall be of good moral character, as prescribed by
8rules adopted by the administrator director consistent with
9applicable federal law and regulations, and shall submit to a
10background investigation, as prescribed by rules adopted by the
11administrator director consistent with applicable federal law
12and regulations.
13 Sec. 1681. Section 543E.7, subsections 1 and 3, Code 2023,
14are amended to read as follows:
151. An appraisal management company registered or applying
16for registration in this state shall designate a controlling
17person who shall be the main contact for all communications
18between the administrator director and the appraisal management
19company, and who shall be responsible for assuring the
20appraisal management company complies with the provisions of
21this chapter when performing appraisal management services in
22connection with real estate located in this state.
233. The designated controlling person shall be of good moral
24character, as prescribed by rules adopted by the administrator
25 director consistent with applicable federal law and
26regulations, and shall submit to a background investigation,
27as prescribed by rules adopted by the administrator director
28 consistent with applicable federal law and regulations.
29 Sec. 1682. Section 543E.8, subsection 1, Code 2023, is
30amended to read as follows:
311. An application for registration as an appraisal
32management company shall be submitted on a form prescribed by
33the administrator director.
34 Sec. 1683. Section 543E.8, subsection 2, paragraphs b, c,
35and f, Code 2023, are amended to read as follows:
-1021- 1b. The names and contact information for all persons
2who directly or indirectly own more than ten percent of the
3applicant and for the controlling person designated pursuant
4to section 543E.7, and such additional information the
5administrator director may need to enforce section 543E.6,
6subsection 1.
7c. Information as reasonably necessary to establish the size
8of the applicant’s nationwide and Iowa appraiser panels, in
9accordance with rules adopted by the administrator director.
10f. Any additional information that is reasonably needed
11for the administrator director to implement the provisions of
12this chapter and assure that the applicant is eligible for
13registration under this chapter.
14 Sec. 1684. Section 543E.9, Code 2023, is amended to read as
15follows:
16543E.9 Registration renewal.
171. A registration issued under this chapter shall be valid
18for one year as provided by rule.
192. An application to renew registration shall be submitted
20in the form and in the manner prescribed by the administrator
21 director. The administrator director may further require
22periodic disclosures of changes impacting registration, such as
23a change in ownership or the designated controlling person.
243. An application to renew registration shall contain the
25information described in section 543E.8, subsection 2.
264. A registration issued under this chapter shall lapse if
27not timely renewed, in accordance with rules adopted by the
28administrator director.
295. A person holding a lapsed registration shall not directly
30or indirectly engage in or attempt to engage in business as an
31appraisal management company or advertise or hold itself out as
32engaging in or conducting business as an appraisal management
33company in this state until the registration has been
34reinstated under the process prescribed by the administrator
35 director by rule.
-1022-1 Sec. 1685. Section 543E.10, Code 2023, is amended to read
2as follows:
3543E.10 Fees.
41. The administrator director shall by rule establish fees
5for registration, renewal, reinstatement, and such additional
6fees as are reasonably necessary for the administration of this
7chapter. The fees shall be established in consideration of
8the costs of administering this chapter and the actual cost
9of the specific service to be provided or performed. The
10administrator director shall periodically review and adjust the
11schedule of fees as needed to cover projected expenses.
122. Except as provided in subsection 3, all fees collected
13under this chapter shall be deposited into the department of
14 commerce revolving fund created in section 546.12 and are
15appropriated to the administrator director to be used to
16administer this chapter including but not limited to purposes
17such as examinations, investigations, and administrative
18staffing. Notwithstanding section 8.33, moneys appropriated
19pursuant to this subsection are not subject to reversion to the
20general fund of the state.
213. The administrator director shall also collect the
22appraisal management company national registry fee from each
23appraisal management company seeking to register in this state
24and from federally regulated appraisal management companies
25operating in this state. The administrator director shall
26transfer all appraisal management company national registry
27fees collected by the administrator director to the appraisal
28subcommittee.
29 Sec. 1686. Section 543E.12, subsections 3 and 4, Code 2023,
30are amended to read as follows:
313. An appraisal management company that has a reasonable
32basis to believe an appraiser has materially failed to comply
33with the uniform standards of professional appraisal practice
34or has otherwise materially violated chapter 543D or this
35chapter shall refer the matter to the administrator director
-1023-1 in conformance with applicable federal law and regulations.
2An appraisal management company that has a reasonable basis
3to believe another appraisal management company is failing
4to comply with the provisions of this chapter shall refer
5the matter to the administrator director in conformance with
6section 272C.9, subsection 2.
74. An appraiser who is employed by or is on the appraiser
8panel of an appraisal management company registered under this
9chapter who has a reasonable basis to believe the appraisal
10management company is in violation of this chapter shall refer
11the matter to the administrator director.
12 Sec. 1687. Section 543E.13, subsection 1, Code 2023, is
13amended to read as follows:
141. An appraisal management company shall maintain a
15detailed record of each service request the appraisal
16management company receives involving real estate located in
17this state and the identity of the appraiser who performs the
18appraisal assignment. All such records shall be maintained for
19at least five years after the request is sent by the appraisal
20management company to the appraiser or the completion of the
21appraisal report, whichever period expires later. An appraisal
22management company shall maintain such additional records
23regarding appraisal management services performed in this state
24as the administrator director may specify by rule.
25 Sec. 1688. Section 543E.15, subsection 4, Code 2023, is
26amended to read as follows:
274. Remove an appraiser from an appraiser panel without prior
28written notice that identifies the basis for removal. Upon
29request or in conjunction with an examination, an appraisal
30management company shall forward to the administrator director
31 copies of such notices issued to an appraiser located or
32certified in Iowa.
33 Sec. 1689. Section 543E.17, subsection 1, unnumbered
34paragraph 1, Code 2023, is amended to read as follows:
35After notice and hearing, the administrator director may
-1024-1revoke, suspend, or refuse to issue, renew, or reinstate
2a registration; reprimand, censure, or limit the scope of
3practice of any registrant; impose a civil penalty not to
4exceed ten thousand dollars per violation; require remedial
5action; or place any registrant on probation; all with or
6without terms, conditions, or in combinations of remedies, for
7any one or more of the following reasons:
8 Sec. 1690. Section 543E.17, subsection 2, unnumbered
9paragraph 1, Code 2023, is amended to read as follows:
10When determining whether to initiate a disciplinary
11proceeding against an appraisal management company based
12on actions or omissions by an employee, owner, director,
13controlling person, or other agent of the appraisal
14management company, the administrator director shall take into
15consideration all of the following:
16 Sec. 1691. Section 543E.18, Code 2023, is amended to read
17as follows:
18543E.18 Unlawful practice — complaints and investigations —
19remedies and penalties.
201. If, as the result of a complaint or otherwise, the
21administrator director believes that a person has engaged, or
22is about to engage, in an act or practice that constitutes or
23will constitute a violation of this chapter, the administrator
24 director may make application to the district court for an
25order enjoining such act or practice. Upon a showing by the
26administrator director that such person has engaged, or is
27about to engage, in any such act or practice, an injunction,
28restraining order, or other order as may be appropriate shall
29be granted by the district court.
302. The administrator director may investigate a complaint
31or initiate a complaint against a person who is not registered
32under this chapter to determine whether grounds exist to make
33application to the district court pursuant to subsection 1 or
34to issue an order pursuant to subsection 3, and in connection
35with such complaint or investigation may issue subpoenas to
-1025-1compel witnesses to testify or persons to produce evidence
2consistent with the provisions of section 272C.6, subsection
33, as needed to determine whether probable cause exists to
4initiate a proceeding under this section or to make application
5to the district court for an order enjoining a violation of
6this chapter.
73. In addition to or as an alternative to making application
8to the district court for an injunction, the administrator
9 director may issue an order to a person who is not registered
10under this chapter to require compliance with this chapter
11and may impose a civil penalty against such person for any
12violation specified in subsection 4 in an amount up to ten
13thousand dollars for each violation. All civil penalties
14collected pursuant to this section shall be deposited in the
15housing trust fund created in section 16.181. An order issued
16pursuant to this section may prohibit a person from applying
17for registration under this chapter or certification or
18registration under chapter 543D.
194. The administrator director may impose a civil penalty
20against a person who is not registered under this chapter for
21any of the following:
22a. A violation of section 543E.4.
23b. A violation of section 543D.18A, subsection 1.
24c. Fraud, deceit, or deception, through act or omission,
25in connection with an application for registration under this
26chapter.
275. The administrator director, before issuing an order
28under this section, shall provide the person written notice
29and the opportunity to request a hearing. The hearing must
30be requested within thirty days after receipt of the notice
31and shall be conducted in the same manner as provided for
32disciplinary proceedings involving a registrant under this
33chapter.
346. A person aggrieved by the imposition of a civil penalty
35under this section may seek judicial review pursuant to section
-1026-117A.19.
27. If a person fails to pay a civil penalty within thirty
3days after entry of an order imposing the civil penalty, or if
4the order is stayed pending an appeal, within ten days after
5the court enters a final judgment in favor of the administrator
6 director, the administrator director shall notify the attorney
7general. The attorney general may commence an action to
8recover the amount of the penalty, including reasonable
9attorney fees and costs.
108. An action to enforce an order under this section may be
11joined with an action for an injunction.
12 Sec. 1692. Section 543E.19, Code 2023, is amended to read
13as follows:
14543E.19 Surety bond.
151. The administrator director shall require that an
16appraisal management company be covered by a surety bond in the
17amount of twenty-five thousand dollars.
182. The surety bond shall be in a form as prescribed by
19the administrator director. The administrator director may,
20pursuant to rule, determine requirements for such surety
21bonds as are necessary to accomplish the purposes of this
22chapter. The requirements for a surety bond shall only relate
23to liabilities, damages, losses, or claims arising out of
24the appraisal management services performed by the appraisal
25management company involving real estate located in this state.
26The bond shall provide that a person having a claim against an
27appraisal management company may bring suit directly on the
28bond or the administrator director may bring suit on behalf of
29such person.
30 Sec. 1693. Section 543E.20, subsections 1, 3, 4, and 5, Code
312023, are amended to read as follows:
321. The administrator director is vested with broad
33administrative authority to administer, interpret, and enforce
34this chapter and to promulgate rules implementing this chapter.
353. The administrator director may conduct periodic
-1027-1examinations of applicants or registrants under this chapter as
2reasonably necessary to assure compliance with all or specific
3provisions of this chapter. All papers, documents, examination
4reports, and other records relating to such examinations shall
5be confidential as provided in section 272C.6, subsection 4,
6except as provided in this section.
74. The administrator director may adopt rules governing
8an appraiser’s use of associate real estate appraisers while
9performing appraisal assignments subject to this chapter.
10Associate real estate appraisers may provide appraisal services
11under the supervision of a certified appraiser as provided
12in chapter 543D and associated rules, but shall not be on an
13appraiser panel of an appraisal management company.
145. The administrator director may require a national
15criminal history check through the federal bureau of
16investigation or, if authorized by federal law or regulation,
17the nationwide mortgage licensing system and registry,
18as defined in section 535D.3, when conducting background
19investigations under this chapter. Except as inconsistent with
20the registry, the following shall apply:
21a. The administrator director may require owners and
22controlling persons who are subject to the background
23investigation provisions of sections 543E.6 and 543E.7 to
24provide a full set of fingerprints, in a form and manner
25prescribed by the administrator director. Such fingerprints,
26if required, shall be submitted to the federal bureau of
27investigation through the state criminal history repository for
28purposes of the national criminal history check.
29b. The administrator director may also request and obtain,
30notwithstanding section 692.2, subsection 5, criminal history
31data for owners and controlling persons who are subject to the
32background investigation provisions of sections 543E.6 and
33543E.7. A request for criminal history data shall be submitted
34to the department of public safety, division of criminal
35investigation, pursuant to section 692.2, subsection 1.
-1028- 1c. The administrator director shall inform such owners and
2controlling persons of the requirement of a national criminal
3history check or request for criminal history data and obtain
4a signed waiver from the applicant, certificate holder, or
5registrant prior to requesting the check or data.
6d. The administrator director may, in addition to any other
7fees, charge and collect such amounts as may be incurred by the
8administrator director, the department of public safety, or the
9federal bureau of investigation in obtaining criminal history
10information. Amounts collected shall be considered repayment
11receipts as defined in section 8.2.
12e. Criminal history data and other criminal history
13information relating to affected owners or controlling persons,
14or their appraisal management companies obtained by the
15administrator director pursuant to this section shall remain
16confidential. Such information may, however, be used by the
17administrator director in a registration denial, enforcement,
18or disciplinary proceeding.
19 Sec. 1694. Section 543E.20, subsection 2, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21In addition to the duties and powers conferred upon the
22administrator director in this chapter, the administrator
23 director shall have the authority to adopt such rules as are
24reasonably necessary to assure the administrator’s director’s
25 registration and supervision of appraisal management companies
26comply with the minimum requirements of 12 U.S.C. §3352 and
27related federal laws and regulations, with respect to any of
28the following:
29 Sec. 1695. Section 544A.1, subsection 2, Code 2023, is
30amended to read as follows:
312. The architectural examining board is created within the
32professional licensing and regulation bureau of the banking
33division of the department of commerce inspections, appeals,
34and licensing. The board consists of five members who possess
35a license issued under section 544A.9 and who have been in
-1029-1active practice of architecture for not less than five years,
2the last two of which shall have been in Iowa, and two members
3who do not possess a license issued under section 544A.9
4and who shall represent the general public. Members shall
5be appointed by the governor subject to confirmation by the
6senate.
7 Sec. 1696. Section 544A.5, Code 2023, is amended to read as
8follows:
9544A.5 Duties.
10The architectural examining board shall enforce this
11chapter, shall adopt rules pursuant to chapter 17A for the
12examination of applicants for the license provided by this
13chapter, and shall, after due public notice, hold meetings each
14year for the purpose of examining applicants for licensure
15and the transaction of business pertaining to the affairs of
16the board. Examinations shall be given as often as deemed
17necessary, but not less than annually. Action at a meeting
18shall not be taken without the affirmative votes of a majority
19of the members of the board. The administrator director of the
20professional licensing and regulation bureau of the banking
21division of the department of commerce inspections, appeals,
22and licensing shall hire and provide staff to assist the board
23with implementing this chapter.
24 Sec. 1697. Section 544B.3, subsection 1, Code 2023, is
25amended to read as follows:
261. A landscape architectural examining board is created
27within the professional licensing and regulation bureau of the
28banking division of the department of commerce inspections,
29appeals, and licensing. The board consists of five members
30who are professional landscape architects and two members
31who are not professional landscape architects and who shall
32represent the general public. Members shall be appointed by
33the governor, subject to confirmation by the senate. Four of
34the five professional members shall be actively engaged in the
35practice of landscape architecture or the teaching of landscape
-1030-1architecture in an accredited college or university, and shall
2have been so engaged for five years preceding appointment,
3the last two of which shall have been in Iowa. One of the
4five professional members shall be actively engaged in the
5practice of landscape architecture or the teaching of landscape
6architecture in an accredited college or university, and may
7have been so engaged for fewer than five years preceding
8appointment but at least one year preceding appointment.
9Associations or societies composed of professional landscape
10architects may recommend the names of potential board members
11to the governor. However, the governor is not bound by the
12recommendations. A board member shall not be required to be a
13member of any professional association or society composed of
14professional landscape architects.
15 Sec. 1698. Section 544B.5, Code 2023, is amended to read as
16follows:
17544B.5 Duties.
18The board shall enforce this chapter and shall make rules
19for the examination of applicants for licensure. The board
20shall keep a record of its proceedings. The board shall adopt
21an official seal which shall be affixed to all certificates
22of licensure granted. The board may make other rules, not
23inconsistent with law, as necessary for the proper performance
24of its duties. The board shall maintain a roster showing
25the name, place of business, and residence, and the date and
26number of the certificate of licensure of every professional
27landscape architect in this state. The administrator of the
28professional licensing and regulation bureau of the banking
29division director of the department of commerce inspections,
30appeals, and licensing shall hire and provide staff to assist
31the board in implementing this chapter.
32 Sec. 1699. Section 544C.1, subsection 2, Code 2023, is
33amended by striking the subsection and inserting in lieu
34thereof the following:
352. “Department” means the department of inspections,
-1031-1appeals, and licensing.
2 Sec. 1700. Section 544C.2, subsection 1, Code 2023, is
3amended to read as follows:
41. An interior design examining board is established
5within the bureau department. The board consists of seven
6members: five members who are interior designers who are
7registered under this chapter and who have been in the active
8practice of interior design for not less than five years, the
9last two of which shall have been in Iowa; and two members who
10are not registered under this chapter and who shall represent
11the general public. Members shall be appointed by the governor
12subject to confirmation by the senate.
13 Sec. 1701. Section 544C.3, subsection 2, Code 2023, is
14amended to read as follows:
152. The administrator director of the bureau department
16 shall provide staff to assist the board in the implementation
17of this chapter.
18 Sec. 1702. Section 544C.5, unnumbered paragraph 1, Code
192023, is amended to read as follows:
20Each applicant for registration must meet the interior
21design education and practical training requirements adopted by
22rule by the board, and have passed an examination prescribed
23by the board that is task-oriented, focused on public
24safety, and validated by a recognized testing agency. The
25bureau department shall register an individual who submits
26an application to the board on the form and in the manner
27prescribed by the board as a registered interior designer if
28the individual satisfies the following requirements:
29 Sec. 1703. Section 546.3, subsection 2, Code 2023, is
30amended by striking the subsection.
31 Sec. 1704. Section 546.10, Code 2023, is amended to read as
32follows:
33546.10 Professional licensing Licensing and regulation bureau
34— superintendent of banking of business and commerce-related
35professions.
-1032- 11. a. The professional licensing and regulation bureau of
2the banking division department shall administer and coordinate
3the licensing and regulation of several professions by bringing
4together the following licensing boards:
5a. (1) The engineering and land surveying examining board
6created pursuant to chapter 542B.
7b. (2) The Iowa accountancy examining board created
8pursuant to chapter 542.
9c. (3) The real estate commission created pursuant to
10chapter 543B.
11(4) The real estate appraiser examining board created
12pursuant to chapter 543D.
13d. (5) The architectural examining board created pursuant
14to chapter 544A.
15e. (6) The landscape architectural examining board created
16pursuant to chapter 544B.
17f. (7) The interior design examining board created pursuant
18to chapter 544C.
19b. The director shall administer chapter 543E.
202. The bureau is headed by the administrator of professional
21licensing and regulation who shall be the superintendent
22of banking. The administrator director shall appoint and
23supervise staff and shall coordinate activities for the
24licensing boards within the bureau department pursuant to
25subsection 1 and for the administration of chapter 543E.
263. a. The licensing and regulation examining boards
27included in the bureau pursuant to subsection 1 retain the
28powers granted them pursuant to the chapters in which they
29are created, except for budgetary and personnel matters which
30shall be handled by the administrator director. Each licensing
31board shall adopt rules pursuant to chapter 17A. Decisions by
32a licensing board are final agency actions for purposes of
33chapter 17A.
34b. Notwithstanding subsection 5, eighty-five percent of the
35funds received annually resulting from an increase in licensing
-1033-1fees implemented on or after April 1, 2002, by a licensing
2board or commission listed in subsection 1, paragraph “a”,
3subparagraphs (1), (2), (3), (5), (6), and (7), is appropriated
4to the professional licensing and regulation bureau department
5 to be allocated to the board or commission for the fiscal
6year beginning July 1, 2002, and succeeding fiscal years, for
7purposes related to the duties of the board or commission,
8including but not limited to additional full-time equivalent
9positions. In addition, notwithstanding subsection 5,
10twenty-five dollars from each real estate salesperson’s license
11fee and each broker’s license fee received pursuant to section
12543B.14 is appropriated to the professional licensing and
13regulation bureau department for the purpose of hiring and
14compensating a real estate education director and regulatory
15compliance personnel. The director of the department of
16administrative services shall draw warrants upon the treasurer
17of state from the funds appropriated as provided in this
18section and shall make the funds available to the professional
19licensing and regulation bureau department on a monthly basis
20during each fiscal year.
214. The professional licensing and regulation bureau of
22the banking division of the department of commerce may expend
23additional funds, including funds for additional personnel, if
24those additional expenditures are directly the cause of actual
25examination expenses exceeding funds budgeted for examinations.
26Before the bureau department expends or encumbers an amount in
27excess of the funds budgeted for examinations, the director of
28the department of management shall approve the expenditure or
29encumbrance. Before approval is given, the director of the
30department of management shall determine that the examination
31expenses exceed the funds budgeted by the general assembly to
32the bureau department and the bureau department does not have
33other funds from which the expenses can be paid. Upon approval
34of the director of the department of management, the bureau
35 department may expend and encumber funds for excess examination
-1034-1expenses. The amounts necessary to fund the examination
2expenses shall be collected as fees from additional examination
3applicants and shall be treated as repayment receipts as
4defined in section 8.2, subsection 8.
55. Fees collected under chapters 542, 542B, 543B, 544A,
6544B, and 544C shall be paid to the treasurer of state and
7credited to the general fund of the state. All expenses
8required in the discharge of the duties and responsibilities
9imposed upon the professional licensing and regulation bureau
10of the banking division of the department of commerce, the
11administrator director, and the licensing boards by the laws
12of this state shall be paid from moneys appropriated by the
13general assembly for those purposes. All fees deposited into
14the general fund of the state, as provided in this subsection,
15shall be subject to the requirements of section 8.60.
166. The licensing boards included in the bureau department
17 pursuant to subsection 1 may refuse to issue or renew a license
18to practice a profession to any person otherwise qualified
19upon any of the grounds for which a license may be revoked
20or suspended or a licensee may otherwise be disciplined, or
21upon any other grounds set out in the chapter governing the
22respective board.
237. The licensing boards included in the bureau department
24 pursuant to subsection 1 may suspend, revoke, or refuse to
25issue or renew a license, or may discipline a licensee based
26upon a suspension, revocation, or other disciplinary action
27taken by a licensing authority in this or another state,
28territory, or country. For purposes of this subsection,
29“disciplinary action” includes the voluntary surrender of
30a license to resolve a pending disciplinary investigation
31or proceeding. A certified copy of the record or order
32of suspension, revocation, voluntary surrender, or other
33disciplinary action is prima facie evidence of such fact.
348. Notwithstanding any other provision of law to the
35contrary, the licensing boards included within the bureau
-1035-1 department pursuant to subsection 1 may by rule establish the
2conditions under which an individual licensed in a different
3jurisdiction may be issued a reciprocal or comity license, if,
4in the board’s discretion, the applicant’s qualifications for
5licensure are substantially equivalent to those required of
6applicants for initial licensure in this state.
79. Notwithstanding section 272C.6, the licensing boards
8included within the bureau department pursuant to subsection
91 may by rule establish the conditions under which the board
10may supply to a licensee who is the subject of a disciplinary
11complaint or investigation, prior to the initiation of a
12disciplinary proceeding, all or such parts of a disciplinary
13complaint, disciplinary or investigatory file, report, or other
14information, as the board in its sole discretion believes would
15aid the investigation or resolution of the matter.
1610. Notwithstanding section 17A.6, subsection 2, the
17licensing boards included within the bureau department pursuant
18to subsection 1 may adopt standards by reference to another
19publication without providing a copy of the publication to the
20administrative code editor if the publication containing the
21standards is readily accessible on the internet at no cost and
22the internet site at which the publication may be found is
23included in the administrative rules that adopt the standard.
2411. Renewal periods for all licenses and certificates of the
25licensing boards included within the bureau department pursuant
26to subsection 1 may be annual or multiyear, as provided by
27rule.
2812. A quorum of a licensing board included within the
29bureau department pursuant to subsection 1 shall be a majority
30of the members of the board and action may be taken upon a
31majority vote of board members present at a meeting who are not
32disqualified.
33 Sec. 1705. Section 710A.7, Code 2023, is amended to read as
34follows:
35710A.7 Peace officer referral.
-1036- 1If during the course of an investigation or prosecution
2under this chapter a peace officer has reason to believe that
3a person who purports to be licensed pursuant to chapter 152C
4or 157 does not possess a valid license or is in violation of
5any other state or federal laws, the peace officer may report
6such noncompliance to the appropriate licensing board under
7the professional licensure division within the department of
8public health inspections, appeals, and licensing, and to the
9appropriate state or federal authorities.
10 Sec. 1706. Section 727.2, subsection 2, paragraph b,
11subparagraph (2), Code 2023, is amended to read as follows:
12(2) A person who uses or explodes display fireworks while
13the use of such devices is suspended by an order of the state
14fire marshal director of the department of inspections,
15appeals, and licensing pursuant to section 10A.511, subsection
166, commits a simple misdemeanor, punishable by a fine of not
17less than two hundred fifty dollars.
18 Sec. 1707. Section 727.2, subsection 3, paragraph c,
19subparagraph (2), Code 2023, is amended to read as follows:
20(2) A person who uses or explodes consumer fireworks or
21novelties while the use of such devices is suspended by an
22order of the state fire marshal director of the department
23of inspections, appeals, and licensing pursuant to section
2410A.511, subsection 6, commits a simple misdemeanor, punishable
25by a fine of not less than two hundred fifty dollars.
26 Sec. 1708. Section 904.318, subsection 2, Code 2023, is
27amended to read as follows:
282. The state fire marshal director of the department
29of inspections, appeals, and licensing or the director’s
30designee shall cause an annual inspection to be made of all the
31institutions listed in section 904.102 and shall make a written
32report of the inspection to the director.
33 Sec. 1709. REPEAL. Sections 100D.8 and 100D.9, Code 2023,
34are repealed.
35 Sec. 1710. 2015 Iowa Acts, chapter 138, section 97, is
-1037-1amended to read as follows:
2SEC. 97. RESIDENTIAL SWIMMING POOLS — PRIVATE SWIMMING
3LESSONS. Notwithstanding any provision of law to the contrary,
4the department of public health inspections, appeals, and
5licensing shall require that a residential swimming pool used
6for private swimming lessons for up to two hundred seven hours
7in a calendar month, or the number of hours prescribed by local
8ordinance applicable to such use of a residential swimming
9pool, whichever is greater, be regulated as a residential
10swimming pool used for commercial purposes pursuant to chapter
11135I. The department of public health may adopt rules to
12implement this section.
13 Sec. 1711. CODE EDITOR DIRECTIVE.
141. The Code editor is directed to make the following
15transfers:
16a. Section 100.11 to section 10A.513.
17b. Section 100.12 to section 10A.514.
18c. Section 100.13 to section 10A.515.
19d. Section 100.14 to section 10A.516.
20e. Section 100.16 to section 10A.517.
21f. Section 100.18 to section 10A.518.
22g. Section 100.19 to section 10A.519.
23h. Section 100.19A to section 10A.520.
24i. Section 100.26 to section 10A.521.
25j. Section 100.31 to section 10A.522.
26k. Section 100.35 to section 10A.523.
27l. Section 100.38 to section 10A.525.
28m. Section 100.39 to section 10A.524.
29n. Section 135.11A to section 10A.503.
30o. Section 135.11B to section 10A.504.
31p. Section 135.31 to section 10A.505.
32q. Section 135.37 to section 10A.531.
33r. Section 135.37A to section 10A.532.
34s. Section 135.105A to section 10A.902.
35t. Section 135.105C to section 10A.903.
-1038- 1u. Section 546.10 to section 10A.506.
22. The Code editor is directed to rename article V of
3chapter 10A as subchapter V and designate parts as follows:
4a. Subchapter V shall be entitled “Licensing and
5Regulation” and include sections 10A.501 through 10A.534.
6b. Subchapter V, part 1, shall be entitled “General
7Provisions” and include sections 10A.501 through 10A.510.
8c. Subchapter V, part 2, shall be entitled “Fire Control”
9and include sections 10A.511 through 10A.530.
10d. Subchapter V, part 3, shall be entitled “Tattooing and
11Hair Braiding” and include sections 10A.531 through 10A.534.
123. The Code editor is directed to create new subchapter
13IX within chapter 10A which shall be entitled “Lead Abatement
14Program” and include sections 10A.902 and 10A.903.
154. The Code editor may modify subchapter and part titles if
16necessary and is directed to correct internal references in the
17Code as necessary due to enactment of this section.
18administrative law judges
19 Sec. 1712. Section 8A.415, subsection 1, paragraph b, Code
202023, is amended to read as follows:
21b. If not satisfied, the employee may, within thirty
22calendar days following the director’s response, file an
23appeal with the public employment relations board. The
24hearing shall be conducted in accordance with the rules of the
25public employment relations board and the Iowa administrative
26procedure Act, chapter 17A. Decisions rendered shall be based
27upon a standard of substantial compliance with this subchapter
28and the rules of the department. Decisions by the public
29employment relations board constitute final agency action.
30However, if the employee is an administrative law judge
31appointed or employed by the public employment relations board,
32the employee’s appeal shall be heard by an administrative law
33judge employed by the administrative hearings division of the
34department of inspections and appeals in accordance with the
35provisions of section 10A.801, whose decision shall constitute
-1039-1final agency action.
2 Sec. 1713. Section 8A.415, subsection 2, paragraph b, Code
32023, is amended to read as follows:
4b. If not satisfied, the employee may, within thirty
5calendar days following the director’s response, file an appeal
6with the public employment relations board. The employee has
7the right to a hearing closed to the public, unless a public
8hearing is requested by the employee. The hearing shall
9otherwise be conducted in accordance with the rules of the
10public employment relations board and the Iowa administrative
11procedure Act, chapter 17A. If the public employment relations
12board finds that the action taken by the appointing authority
13was for political, religious, racial, national origin, sex,
14age, or other reasons not constituting just cause, the employee
15may be reinstated without loss of pay or benefits for the
16elapsed period, or the public employment relations board may
17provide other appropriate remedies. Decisions by the public
18employment relations board constitute final agency action.
19However, if the employee is an administrative law judge
20appointed or employed by the public employment relations board,
21the employee’s appeal shall be heard by an administrative law
22judge employed by the administrative hearings division of the
23department of inspections and appeals in accordance with the
24provisions of section 10A.801, whose decision shall constitute
25final agency action.
26 Sec. 1714. Section 96.6, subsection 3, paragraph b, Code
272023, is amended to read as follows:
28b. Appeals from the initial determination shall be heard by
29an administrative law judge employed by the department division
30of administrative hearings created by section 10A.801. An
31administrative law judge’s decision may be appealed by any
32party to the employment appeal board created in section 10A.601
33or directly to the district court.
34 Sec. 1715. Section 216.15, subsection 3, paragraph a, Code
352023, is amended to read as follows:
-1040- 1a. After the filing of a verified complaint, a true copy
2shall be served within twenty days on the person against whom
3the complaint is filed, except as provided in subsection 4.
4An authorized member of the commission staff shall make a
5prompt investigation and shall issue a recommendation to an
6administrative law judge employed either by the commission or
7 by the division of administrative hearings created by section
810A.801, who shall then issue a determination of probable cause
9or no probable cause.
10 Sec. 1716. Section 256.7, subsection 6, Code 2023, is
11amended to read as follows:
126. Hear appeals of persons aggrieved by decisions of boards
13of directors of school corporations under chapter 290 and
14other appeals prescribed by law. The state board may review
15the record and shall review the decision of the director of
16the department of education or the administrative law judge
17employed by the division of administrative hearings created
18by section 10A.801 and designated for any appeals heard and
19decided by the director under chapter 290, and may affirm,
20modify, or vacate the decision, or may direct a rehearing
21before the director.
22 Sec. 1717. Section 256B.6, subsection 4, Code 2023, is
23amended to read as follows:
244. Notwithstanding section 17A.11, the state board
25of education shall adopt rules for the appointment of an
26impartial administrative law judge employed by the division
27of administrative hearings created by section 10A.801 for
28special education appeals. The rules shall comply with federal
29statutes and regulations.
30 Sec. 1718. Section 272.14, Code 2023, is amended to read as
31follows:
32272.14 Appointment of administrative law judges.
33The board shall maintain a list of qualified persons
34employed by the division of administrative hearings created
35by section 10A.801 and who are experienced in the educational
-1041-1system of this state to serve as administrative law judges when
2a hearing is requested under section 279.24. When requested
3under section 279.24, the board shall submit a list of five
4qualified administrative law judges from the list maintained
5by the board to the parties. The parties shall select one of
6the five qualified persons to conduct the hearing as provided
7in section 279.24. The hearing shall be held pursuant to
8the provisions of chapter 17A relating to contested cases.
9The full costs of the hearing shall be shared equally by the
10parties.
11 Sec. 1719. Section 279.24, subsection 5, paragraph c, Code
122023, is amended to read as follows:
13c. Within five days after receipt of the written notice
14that the school board has voted to consider termination of
15the contract, the administrator may request a private hearing
16in writing to the secretary of the school board. The board
17shall then forward the notification to the board of educational
18examiners along with a request that the board of educational
19examiners submit a list of five qualified administrative law
20judges who are employed by the division of administrative
21hearings created by section 10A.801 to the parties. Within
22three days from receipt of the list the parties shall select an
23administrative law judge by alternately removing a name from
24the list until only one name remains. The person whose name
25remains shall be the administrative law judge. The parties
26shall determine by lot which party shall remove the first name
27from the list. The private hearing shall be held no sooner
28than twenty days and not later than forty days following the
29administrator’s request unless the parties otherwise agree.
30If the administrator does not request a private hearing,
31the school board, not later than May 31, may determine the
32continuance or discontinuance of the contract and, if the
33board determines to continue the administrator’s contract,
34whether to suspend the administrator with or without pay for a
35period specified by the board. School board action shall be by
-1042-1majority roll call vote entered on the minutes of the meeting.
2Notice of school board action shall be personally delivered or
3mailed to the administrator.
4civil rights commission
5 Sec. 1720. Section 216.3, subsection 1, Code 2023, is
6amended to read as follows:
71. The Iowa state civil rights commission shall consist
8 is created within the department of inspections, appeals, and
9licensing consisting of seven members appointed by the governor
10subject to confirmation by the senate. Appointments shall be
11made to provide geographical area representation insofar as
12practicable. No more than four members of the commission shall
13belong to the same political party. Members appointed to the
14commission shall serve for four-year staggered terms beginning
15and ending as provided by section 69.19.
16conforming changes
17 Sec. 1721. Section 8A.412, subsection 19, Code 2023, is
18amended to read as follows:
1919. The superintendent of the banking division of the
20department of commerce, all members of the state banking
21council, and all employees of the banking division except for
22employees of the professional licensing and regulation bureau
23of the division.
24 Sec. 1722. Section 8A.457, Code 2023, is amended to read as
25follows:
268A.457 Workers’ compensation claims.
27The director shall employ appropriate staff to handle and
28adjust claims of state employees for workers’ compensation
29benefits pursuant to chapter 10A, subchapter III, and
30 chapters 85, 85A, and 85B, and 86, or, with the approval of
31the executive council, contract for the services or purchase
32workers’ compensation insurance coverage for state employees or
33selected groups of state employees. A state employee workers’
34compensation fund is created in the state treasury under the
35control of the department to pay state employee workers’
-1043-1compensation claims and administrative costs. The department
2shall establish a rating formula and assess premiums to all
3agencies, departments, and divisions of the state including
4those which have not received an appropriation for the payment
5of workers’ compensation insurance and which operate from
6moneys other than from the general fund of the state. The
7department shall collect the premiums and deposit them into the
8state employee workers’ compensation fund. Notwithstanding
9section 8.33, moneys deposited in the state employee workers’
10compensation fund shall not revert to the general fund of the
11state at the end of any fiscal year, but shall remain in the
12state employee workers’ compensation fund and be continuously
13available to pay state employee workers’ compensation claims.
14The director may, to the extent practicable, contract with
15a private organization to handle the processing and payment
16of claims and services rendered under the provisions of this
17section.
18 Sec. 1723. Section 8A.504, subsection 3, Code 2023, is
19amended to read as follows:
203. In the case of multiple claims to payments filed
21under this section, priority shall be given to claims filed
22by the child support recovery unit services or the foster
23care recoveryunit services, next priority shall be given to
24claims filed by the clerk of the district court, next priority
25shall be given to claims filed by the college student aid
26commission, next priority shall be given to claims filed by
27the investigations division of the department of inspections,
28 and appeals, and licensing relating to investigations by the
29department, and last priority shall be given to claims filed by
30other public agencies. In the case of multiple claims in which
31the priority is not otherwise provided by this subsection,
32priority shall be determined in accordance with rules to be
33established by the director.
34 Sec. 1724. Section 8A.512, subsection 1, paragraph b,
35subparagraph (1), Code 2023, is amended to read as follows:
-1044- 1(1) Claims by state employees for benefits pursuant to
2chapter 10A, subchapter III, and chapters 85, 85A, and 85B, and
386 are subject to limitations provided in those chapters.
4 Sec. 1725. Section 13B.1, subsection 3, Code 2023, is
5amended to read as follows:
63. “Department” means the department of inspections, and
7 appeals, and licensing.
8 Sec. 1726. Section 13B.2, Code 2023, is amended to read as
9follows:
1013B.2 Position established.
11The position of state public defender is established within
12the department of inspections, and appeals, and licensing. The
13governor shall appoint the state public defender, who shall
14serve at the pleasure of the governor, subject to confirmation
15by the senate, no less frequently than once every four years,
16whether or not there has been a new state public defender
17appointed during that time, and shall establish the state
18public defender’s salary.
19 Sec. 1727. Section 13B.6, subsection 2, Code 2023, is
20amended to read as follows:
212. The department of inspections, and appeals, and
22licensing shall provide internal accounting and related fiscal
23services for the state public defender.
24 Sec. 1728. Section 15.108, subsection 7, paragraph f, Code
252023, is amended to read as follows:
26f. To the extent feasible, cooperate with the department of
27workforce development and the division of workers’ compensation
28of the department of inspections, appeals, and licensing to
29establish a program to educate existing employers and new or
30potential employers on the rates and workings of the state
31unemployment compensation program and the state workers’
32compensation program.
33 Sec. 1729. Section 15E.208, subsection 4, paragraph b, Code
342023, is amended to read as follows:
35b. An agricultural products processor, if the processor or
-1045-1a person owning a controlling interest in the processor has
2demonstrated, within the most recent consecutive three-year
3period prior to the application for financing, a continuous and
4flagrant disregard for the health and safety of its employees
5or the quality of the environment. Violations of environmental
6protection statutes, rules, or regulations shall be reported
7for the most recent five-year period prior to application.
8Evidence of such disregard shall include a history of serious
9or uncorrected violations of state or federal law protecting
10occupational health and safety or the environment, including
11but not limited to serious or uncorrected violations of
12occupational safety and health standards enforced by the
13division of labor services of the department of workforce
14development inspections, appeals, and licensing pursuant to
15chapter 84A 10A, or rules enforced by the department of natural
16resources pursuant to chapter 455B or 459, subchapters II and
17III.
18 Sec. 1730. Section 17A.11, subsection 1, paragraph c, Code
192023, is amended to read as follows:
20c. For purposes of paragraph “a”, the division of
21administrative hearings established in section 10A.801 shall
22be treated as a wholly separate agency from the department of
23inspections, and appeals, and licensing.
24 Sec. 1731. Section 35D.15, subsection 2, paragraph c,
25subparagraph (2), subparagraph divisions (c), (d), and (e),
26Code 2023, are amended to read as follows:
27(c) If the member is not satisfied with the decision of the
28commission, the member may appeal the commission’s decision
29by filing an appeal with the department of inspections, and
30 appeals, and licensing within five calendar days of being
31notified in writing of the commission’s decision.
32(d) The department of inspections, and appeals, and
33licensing shall render a decision on the appeal of the
34commission’s decision and notify the member of the decision,
35in writing, within fifteen calendar days of the filing of the
-1046-1appeal with the department.
2(e) The maximum time period that shall elapse between
3receipt by the member of the discharge notice and actual
4discharge shall not exceed fifty-five days, which includes the
5thirty-day discharge notice period and any time during which
6any appeals to the commission or the department of inspections,
7 and appeals, and licensing are pending.
8 Sec. 1732. Section 35D.15, subsection 2, paragraph c,
9subparagraph (3), Code 2023, is amended to read as follows:
10(3) If a member is not satisfied with the decision of the
11department of inspections, and appeals, and licensing, the
12member may seek judicial review in accordance with chapter 17A.
13A member’s discharge under this subsection shall be stayed
14while judicial review is pending.
15 Sec. 1733. Section 35D.15, subsection 2, paragraph f, Code
162023, is amended to read as follows:
17f. Any involuntary discharge by the commandant under
18this subsection shall comply with the rules adopted by the
19commission under this subsection and by the department of
20inspections, and appeals, and licensing pursuant to section
21135C.14, subsection 8, paragraph “f”.
22 Sec. 1734. Section 53.8, subsection 3, paragraph a, Code
232023, is amended to read as follows:
24a. When an application for an absentee ballot is received
25by the commissioner of any county from a registered voter who
26is a patient in a hospital in that county, a tenant of an
27assisted living program in that county as shown by the list
28of certifications provided the commissioner under section
29231C.21, or a resident of any facility in that county shown to
30be a health care facility by the list of licenses provided the
31commissioner under section 135C.29, the absentee ballot shall
32be delivered to the voter and returned to the commissioner in
33the manner prescribed by section 53.22. For purposes of this
34paragraph, “assisted living program” means a program certified
35pursuant to section 231C.3 that meets the standards for a
-1047-1dementia-specific assisted living program, as established
2by rule by the department of inspections, and appeals, and
3licensing.
4 Sec. 1735. Section 53.22, subsection 1, Code 2023, is
5amended to read as follows:
61. For purposes of this section, “assisted living program”
7means a program certified pursuant to section 231C.3 that meets
8the standards for a dementia-specific assisted living program,
9as established by rule by the department of inspections, and
10 appeals, and licensing.
11 Sec. 1736. Section 68B.2, subsection 23, Code 2023, is
12amended to read as follows:
1323. “Regulatory agency” means the department of agriculture
14and land stewardship, department of workforce development,
15department of commerce, Iowa department of public health,
16department of public safety, department of education, state
17board of regents, department of human services, department of
18revenue, department of inspections, and appeals, and licensing,
19 department of administrative services, public employment
20relations board, state department of transportation, civil
21rights commission, department of public defense, department of
22homeland security and emergency management, Iowa ethics and
23campaign disclosure board, and department of natural resources.
24 Sec. 1737. Section 73.16, subsection 2, paragraph c,
25subparagraph (1), Code 2023, is amended to read as follows:
26(1) The director of each department and agency of state
27government shall cooperate with the director of the department
28of inspections, and appeals, and licensing, the director of
29the economic development authority, and the director of the
30department of management and do all acts necessary to carry out
31the provisions of this subchapter.
32 Sec. 1738. Section 80.15, subsection 2, Code 2023, is
33amended to read as follows:
342. During the period of twelve months after appointment, a
35peace officer of the department is subject to dismissal at the
-1048-1will of the commissioner. After the twelve months’ service,
2a peace officer of the department, who was appointed after
3having passed the examinations, is not subject to dismissal,
4suspension, disciplinary demotion, or other disciplinary action
5resulting in the loss of pay unless charges have been filed
6with the department of inspections, and appeals, and licensing
7 and a hearing held by the employment appeal board created by
8section 10A.601, if requested by the peace officer, at which
9the peace officer has an opportunity to present a defense
10to the charges. The decision of the appeal board is final,
11subject to the right of judicial review in accordance with
12the terms of the Iowa administrative procedure Act, chapter
1317A. However, these procedures as to dismissal, suspension,
14demotion, or other discipline do not apply to a peace officer
15who is covered by a collective bargaining agreement which
16provides otherwise, and do not apply to the demotion of a
17division head to the rank which the division head held at the
18time of appointment as division head, if any. A division head
19who is demoted has the right to return to the rank which the
20division head held at the time of appointment as division head,
21if any.
22 Sec. 1739. Section 84A.5, subsection 6, Code 2023, is
23amended to read as follows:
246. The director of the department of workforce development
25shall form a coordinating committee composed of the director
26of the department of workforce development, the labor
27commissioner, the workers’ compensation commissioner, and
28other administrators. The committee shall monitor federal
29compliance issues relating to coordination of functions among
30the divisions within the department.
31 Sec. 1740. Section 85.3, subsection 2, Code 2023, is amended
32to read as follows:
332. Any employer who is a nonresident of this state, for whom
34services are performed within this state by any employee, is
35deemed to be doing business in this state by virtue of having
-1049-1such services performed and the employer and employee shall
2be subject to the jurisdiction of the workers’ compensation
3commissioner and to all of the provisions of chapter 10A,
4subchapter III, this chapter, and chapters 85A, 85B, 86, and
587, as to any and all personal injuries sustained by the
6employee arising out of and in the course of such employment
7within this state. In addition, every corporation, individual,
8personal representative, partnership, or association that has
9the necessary minimum contact with this state shall be subject
10to the jurisdiction of the workers’ compensation commissioner,
11and the workers’ compensation commissioner shall hold such
12corporation, individual, personal representative, partnership,
13or association amenable to suit in this state in every case not
14contrary to the provisions of the Constitution of the United
15States.
16 Sec. 1741. Section 85.3, subsection 3, paragraph b, Code
172023, is amended to read as follows:
18b. In addition to those persons authorized to receive
19personal service as in civil actions as permitted by chapter
2017A and this chapter, such employer shall be deemed to have
21appointed the secretary of state of this state as its lawful
22attorney upon whom may be served or delivered any and all
23notices authorized or required by the provisions of chapter
2410A, subchapter III, this chapter, and chapters 85A, 85B, 86,
25 87, and 17A, and to agree that any and all such services or
26deliveries of notice on the secretary of state shall be of the
27same legal force and validity as if personally served upon or
28delivered to such nonresident employer in this state.
29 Sec. 1742. Section 85.26, subsections 1 and 2, Code 2023,
30are amended to read as follows:
311. An original proceeding for benefits under chapter
3210A, subchapter III, this chapter, or chapter 85A, or 85B,
33or 86, shall not be maintained in any contested case unless
34the proceeding is commenced within two years from the date of
35the occurrence of the injury for which benefits are claimed
-1050-1or, if weekly compensation benefits are paid under section
286.13, within three years from the date of the last payment
3of weekly compensation benefits. For the purposes of this
4section, “date of the occurrence of the injury” means the date
5that the employee knew or should have known that the injury was
6work-related.
72. An award for payments or an agreement for settlement
8provided by section 86.13 for benefits under this chapter or
9chapter 85A or 85B, where the amount has not been commuted,
10may be reviewed upon commencement of reopening proceedings
11by the employer or the employee within three years from the
12date of the last payment of weekly benefits made under the
13award or agreement. If an award for payments or agreement for
14settlement as provided by section 86.13 for benefits under this
15chapter or chapter 85A or 85B has been made and the amount
16has not been commuted, or if a denial of liability is not
17filed with the workers’ compensation commissioner and notice
18of the denial is not mailed to the employee, in the form and
19manner required by the commissioner, within six months of the
20commencement of weekly compensation benefits, the commissioner
21may at any time upon proper application make a determination
22and appropriate order concerning the entitlement of an employee
23to benefits provided for in section 85.27. The failure to
24file a denial of liability does not constitute an admission of
25liability under chapter 10A, subchapter III, this chapter, or
26chapter 85A, or 85B, or 86.
27 Sec. 1743. Section 85.31, subsection 5, Code 2023, is
28amended to read as follows:
295. Except as otherwise provided by treaty, whenever, under
30the provisions of chapter 10A, subchapter III, this chapter,
31 and chapters 86 and chapter 87, compensation is payable to a
32dependent who is an alien not residing in the United States at
33the time of the injury, the employer shall pay fifty percent of
34the compensation herein otherwise provided to such dependent,
35and the other fifty percent shall be paid into the second
-1051-1injury fund in the custody of the treasurer of state. But if
2the nonresident alien dependent is a citizen of a government
3having a compensation law which excludes citizens of the United
4States, either resident or nonresident, from partaking of the
5benefits of such law in as favorable degree as herein extended
6to the nonresident alien, then the compensation which would
7otherwise be payable to the dependent shall be paid into the
8second injury fund in the custody of the treasurer of state.
9 Sec. 1744. Section 85.34, subsections 4, 5, and 7, Code
102023, are amended to read as follows:
114. Credits for excess payments. If an employee is paid
12weekly compensation benefits for temporary total disability
13under section 85.33, subsection 1, for a healing period
14under section 85.34, subsection 1, or for temporary partial
15disability under section 85.33, subsection 2, in excess of that
16required by chapter 10A, subchapter III, this chapter, and
17chapters 85A, and 85B, and 86, the excess paid by the employer
18shall be credited against the liability of the employer for
19any future weekly benefits due for an injury to that employee,
20provided that the employer or the employer’s representative has
21acted in good faith in determining and notifying an employee
22when the temporary total disability, healing period, or
23temporary partial disability benefits are terminated.
245. Recovery of employee overpayment. If an employee is paid
25any weekly benefits in excess of that required by chapter 10A,
26subchapter III, this chapter, and chapters 85A, and 85B, and
2786, the excess paid by the employer shall be credited against
28the liability of the employer for any future weekly benefits
29due pursuant to subsection 2, for any current or subsequent
30injury to the same employee.
317. Successive disabilities. An employer is liable for
32compensating only that portion of an employee’s disability that
33arises out of and in the course of the employee’s employment
34with the employer and that relates to the injury that serves
35as the basis for the employee’s claim for compensation under
-1052- 1chapter 10A, subchapter III, this chapter, or chapter 85A, or
2 85B, or 86. An employer is not liable for compensating an
3employee’s preexisting disability that arose out of and in the
4course of employment from a prior injury with the employer,
5to the extent that the employee’s preexisting disability has
6already been compensated under chapter 10A, subchapter III,
7 this chapter, or chapter 85A, or 85B, or 86. An employer is not
8liable for compensating an employee’s preexisting disability
9that arose out of and in the course of employment with a
10different employer or from causes unrelated to employment.
11 Sec. 1745. Section 85.35, subsections 1 and 10, Code 2023,
12are amended to read as follows:
131. The parties to a contested case or persons who are
14involved in a dispute which could culminate in a contested case
15may enter into a settlement of any claim arising under chapter
1610A, subchapter III, this chapter, or chapter 85A, or 85B, or
1786, providing for disposition of the claim. The settlement
18shall be in writing on forms prescribed by the workers’
19compensation commissioner and submitted to the workers’
20compensation commissioner for approval.
2110. Approval of a settlement by the workers’ compensation
22commissioner is binding on the parties and shall not be
23construed as an original proceeding. Notwithstanding any
24provisions of chapter 10A, subchapter III, this chapter,
25 and chapters 85A, 85B, 86, and 87, an approved compromise
26settlement shall constitute a final bar to any further rights
27arising under chapter 10A, subchapter III, this chapter, and
28chapters 85A, 85B, 86, and 87 regarding the subject matter of
29the compromise and a payment made pursuant to a compromise
30settlement agreement shall not be construed as the payment of
31weekly compensation.
32 Sec. 1746. Section 85.55, subsection 2, unnumbered
33paragraph 1, Code 2023, is amended to read as follows:
34For purposes of chapter 10A, subchapter III, this chapter,
35 and chapters 86 and chapter 87, a franchisor shall not be
-1053-1considered to be an employer of a franchisee or of an employee
2of a franchisee unless any of the following conditions apply:
3 Sec. 1747. Section 85.59, subsection 7, Code 2023, is
4amended to read as follows:
57. Responsibility for the filings required by chapter
686 chapter 10A, subchapter III, for injuries resulting in
7permanent disability or death and as modified by this section
8shall be made in the same manner as for other employees of the
9institution.
10 Sec. 1748. Section 85.60, Code 2023, is amended to read as
11follows:
1285.60 Injuries while in work-based learning opportunity,
13employment training, or evaluation.
14A person participating in a work-based learning opportunity
15referred to in section 85.61, or receiving earnings while
16engaged in employment training or while undergoing an
17employment evaluation under the direction of a rehabilitation
18facility approved for purchase-of-service contracts or for
19referrals by the department of human services or the department
20of education, who sustains an injury arising out of and in the
21course of the work-based learning opportunity participation,
22employment training, or employment evaluation is entitled
23to benefits as provided in chapter 10A, subchapter III,
24 this chapter, chapter 85A, and chapter 85B, and chapter 86.
25Notwithstanding the minimum benefit provisions of this chapter,
26a person referred to in this section and entitled to benefits
27under this chapter is entitled to receive a minimum weekly
28benefit amount for a permanent partial disability under section
2985.34, subsection 2, or for a permanent total disability under
30section 85.34, subsection 3, equal to the weekly benefit amount
31of a person whose gross weekly earnings are thirty-five percent
32of the statewide average weekly wage computed pursuant to
33section 96.3 and in effect at the time of the injury.
34 Sec. 1749. Section 85.61, unnumbered paragraph 1, Code
352023, is amended to read as follows:
-1054- 1In chapter 10A, subchapter III, this chapter, and chapters
286 and chapter 87, unless the context otherwise requires, the
3following definitions of terms shall prevail:
4 Sec. 1750. Section 85.61, subsection 12, paragraph b, Code
52023, is amended to read as follows:
6b. The term “worker” or “employee” shall include the
7singular and plural. Any reference to a worker or employee
8who has been injured shall, when such worker or employee
9is dead, include the worker’s or employee’s dependents as
10defined in this chapter or the worker’s or employee’s legal
11representatives; and where the worker or employee is a minor
12or incompetent, it shall include the minor’s or incompetent
13person’s guardian, next friend, or trustee. Notwithstanding
14any law prohibiting the employment of minors, all minor
15employees shall be entitled to the benefits of chapter 10A,
16subchapter III, this chapter, and chapters 86 and chapter 87
17regardless of the age of such minor employee.
18 Sec. 1751. Section 85.70, subsection 2, paragraph f, Code
192023, is amended to read as follows:
20f. Beginning on or before December 1, 2018, the department
21of workforce development, in cooperation with the department of
22education, the workers’ compensation division of the department
23of inspections, appeals, and licensing, the insurance division
24of the department of commerce, and all community colleges
25that are participating in the new career vocational training
26and education program, shall prepare an annual report for
27submission to the general assembly that provides information
28about the status of the program including but not limited to
29the utilization of and participants in the program, program
30completion rates, employment rates after completion of the
31program and the types of employment obtained by the program
32participants, and the effects of the program on workers’
33compensation premium rates.
34 Sec. 1752. Section 85B.14, Code 2023, is amended to read as
35follows:
-1055- 185B.14 Applicable chapters.
2Chapters Chapter 10A, subchapter III, and chapters 17A,
3 and 85, and 86, so far as applicable, and not inconsistent
4with this chapter, apply in cases of compensable occupational
5hearing loss.
6 Sec. 1753. Section 87.1, subsection 1, Code 2023, is amended
7to read as follows:
81. Every employer subject to the provisions of chapter
910A, subchapter III, this chapter, and chapters 85, 85A, and
10 85B, and 86, unless relieved as hereinafter provided from the
11requirements imposed under chapter 10A, subchapter III, this
12chapter, and chapters 85, 85A, and 85B, and 86, shall insure
13the employer’s liability under chapter 10A, subchapter III,
14 this chapter, and chapters 85, 85A, and 85B, and 86 in some
15corporation, association, or organization approved by the
16commissioner of insurance.
17 Sec. 1754. Section 87.2, subsection 2, Code 2023, is amended
18to read as follows:
192. An employer coming under the provisions of chapter 10A,
20subchapter III, this chapter, and chapters 85, 85A, and 85B,
21and 86 who fails to comply with this section, or to post and
22keep the above notice in the manner and form required, shall be
23guilty of a simple misdemeanor.
24 Sec. 1755. Section 87.6, Code 2023, is amended to read as
25follows:
2687.6 Certificate of approval.
27When such scheme or plan is approved by the workers’
28compensation commissioner, the commissioner shall issue a
29certificate to that effect, whereupon it shall be legal for
30such employer, or group of employers, to contract with any or
31all of the workers of the employer or group of employers to
32substitute such scheme or plan for the provisions relating to
33compensation and insurance during a period of time fixed by
34said department the insurance division of the department of
35insurance and financial services.
-1056-1 Sec. 1756. Section 87.11, subsections 3 and 4, Code 2023,
2are amended to read as follows:
33. a. If an employer becomes insolvent and a debtor under
411 U.S.C., on or after January 1, 1990, the commissioner of
5insurance may request of the workers’ compensation commissioner
6that all future payments of workers’ compensation weekly
7benefits, medical expenses, or other payments pursuant to
8chapter 10A, subchapter III, this chapter, or chapter 85, 85A,
9or 85B, or 86, be commuted to a present lump sum. The workers’
10compensation commissioner shall fix the lump sum of probable
11future medical expenses and weekly compensation benefits, or
12other benefits payable pursuant to chapter 10A, subchapter III,
13 this chapter, or chapter 85, 85A, or 85B, or 86, capitalized
14at their present value upon the basis of interest at the rate
15provided in section 535.3 for court judgments and decrees. The
16commissioner of insurance shall be discharged from all further
17liability for the commuted workers’ compensation claim upon
18payment of the present lump sum to either the claimant, or a
19licensed insurer for purchase of an annuity or other periodic
20payment plan for the benefit of the claimant.
21b. The commissioner of insurance shall not be required to
22pay more for all claims of an insolvent self-insured employer
23than is available for payment of such claims from the security
24given under this section.
254. Notwithstanding contrary provisions of section 85.45,
26any future payment of medical expenses, weekly compensation
27benefits, or other payments by the commissioner of insurance
28from the security given under this section, pursuant to
29chapter 10A, subchapter III, this chapter, or chapter 85, 85A,
30or 85B, or 86, shall be deemed an undue expense, hardship,
31or inconvenience upon the employer for purposes of a full
32commutation pursuant to section 85.45, subsection 1, paragraph
33“b”.
34 Sec. 1757. Section 87.13, Code 2023, is amended to read as
35follows:
-1057- 187.13 Interpretative clause.
2All provisions in chapter 10A, subchapter III, and chapters
385, 85A, 85B, 86, and this chapter relating to compensation
4for injuries sustained arising out of and in the course of
5employment in the operation of coal mines or production of
6coal under any system of removing coal for sale are exclusive,
7compulsory and obligatory upon the employer and employee in
8such employment.
9 Sec. 1758. Section 87.14A, Code 2023, is amended to read as
10follows:
1187.14A Insurance required.
12An employer subject to chapter 10A, subchapter III, this
13chapter, and chapters 85, 85A, and 85B, and 86 shall not
14engage in business without first obtaining insurance covering
15compensation benefits or obtaining relief from insurance as
16provided in this chapter. A person who willfully and knowingly
17violates this section is guilty of a class “D” felony.
18 Sec. 1759. Section 87.21, unnumbered paragraph 1, Code
192023, is amended to read as follows:
20Any employer, except an employer with respect to an exempt
21employee under section 85.1, who has failed to insure the
22employer’s liability in one of the ways provided in this
23chapter, unless relieved from carrying such insurance as
24provided in section 87.11, is liable to an employee for
25a personal injury in the course of and arising out of the
26employment, and the employee may enforce the liability by an
27action at law for damages, or may collect compensation as
28provided in chapter 10A, subchapter III, and chapters 85, 85A,
29and 85B, and 86. In actions by the employee for damages under
30this section, the following rules apply:
31 Sec. 1760. Section 88.1, subsection 3, Code 2023, is amended
32to read as follows:
333. Authorizing the labor commissioner to set mandatory
34occupational safety and health standards applicable to
35businesses, and by providing for an adjudicatory process
-1058-1through the employment appeal board within the department
2of inspections, and appeals, and licensing for carrying out
3adjudicatory functions under this chapter.
4 Sec. 1761. Section 88.2, subsections 1 and 4, Code 2023, are
5amended to read as follows:
61. The labor commissioner, appointed pursuant to section
791.2, and the division of labor services of the department
8of workforce development inspections, appeals, and licensing
9 created in section 84A.1 10A.106 shall administer this chapter.
104. Subject to the approval of the director of the
11department of workforce development inspections, appeals, and
12licensing, the labor commissioner may enter into contracts
13with any state agency, with or without reimbursement, for
14the purpose of obtaining the services, facilities, and
15personnel of the agency, and with the consent of any state
16agency or any political subdivision of the state, accept and
17use the services, facilities, and personnel of the agency or
18political subdivision, and employ experts and consultants or
19organizations, in order to expeditiously, efficiently, and
20economically effectuate the purposes of this chapter. The
21agreements under this subsection are subject to approval of the
22executive council if approval is required by law.
23 Sec. 1762. Section 88A.1, subsections 4 and 6, Code 2023,
24are amended by striking the subsections.
25 Sec. 1763. Section 88A.1, Code 2023, is amended by adding
26the following new subsections:
27 NEW SUBSECTION. 6A. “Department” means the department of
28inspections, appeals, and licensing.
29 NEW SUBSECTION. 6B. “Director” means the director of the
30department of inspections, appeals, and licensing.
31 Sec. 1764. Section 88A.2, Code 2023, is amended to read as
32follows:
3388A.2 Permit required.
341. No amusement device or ride, concession booth, or any
35related electrical equipment shall be operated at a carnival
-1059-1or fair in this state without a permit having been issued by
2the commissioner director to an operator of such equipment. On
3or before the first of May of each year, any person required
4to obtain a permit by this chapter shall apply to the division
5 department for a permit on a form furnished by the commissioner
6 director which form shall contain such information as the
7commissioner director may require. The commissioner director
8 may waive the requirement that an application for a permit
9must be filed on or before the first of May of each year if
10the applicant gives satisfactory proof to the commissioner
11 director that the applicant could not reasonably comply with
12the date requirement and if the applicant immediately applies
13for a permit after the need for a permit is first determined.
14For the purpose of determining if an amusement ride, amusement
15device, concession booth, or any related electrical equipment
16is in safe operating condition and will provide protection
17to the public using such ride, device, booth, or related
18electrical equipment, each amusement ride, amusement device,
19concession booth, or related electrical equipment shall be
20inspected by the commissioner director before it is initially
21placed in operation in this state, and shall thereafter be
22inspected at least once each year.
232. If, after inspection, an amusement device or ride,
24concession booth, or related electrical equipment is found
25to comply with the rules adopted under this chapter, the
26commissioner director shall, upon payment of the permit fee
27and the inspection fee, permit the operation of the amusement
28device or ride or concession booth or to use any related
29electrical equipment.
303. If, after inspection, additions or alterations
31are contemplated which change a structure, mechanism,
32classification, or capacity, the operator shall notify the
33commissioner director of the operator’s intentions in writing
34and provide any plans or diagrams requested by the commissioner
35 director.
-1060-1 Sec. 1765. Section 88A.3, Code 2023, is amended to read as
2follows:
388A.3 Rules.
41. The commissioner director shall adopt rules pursuant to
5chapter 17A for the safe installation, repair, maintenance,
6use, operation, and inspection of amusement devices, amusement
7rides, concession booths, and related electrical equipment at
8carnivals and fairs to the extent necessary for the protection
9of the public. The rules shall be based on generally accepted
10engineering standards and shall be concerned with, but not
11necessarily limited to, engineering force stresses, safety
12devices, and preventive maintenance. If standards are
13available in suitable form, the standards may be incorporated
14by reference. The rules shall provide for the reporting of
15accidents and injuries incurred from the operation of amusement
16devices or rides, concession booths, or related electrical
17equipment.
182. The commissioner director may modify or repeal any rule
19adopted under the provisions of this chapter.
20 Sec. 1766. Section 88A.5, Code 2023, is amended to read as
21follows:
2288A.5 Fees to general fund.
23All fees collected by the division department under
24the provisions of this chapter shall be transmitted to the
25treasurer of state and credited by the treasurer to the general
26fund of the state.
27 Sec. 1767. Section 88A.6, Code 2023, is amended to read as
28follows:
2988A.6 Personnel.
30The commissioner director may employ inspectors and any
31other personnel deemed necessary to carry out the provisions
32of this chapter, subject to the provisions of chapter 8A,
33subchapter IV.
34 Sec. 1768. Section 88A.7, Code 2023, is amended to read as
35follows:
-1061- 188A.7 Cessation order.
2The commissioner director may order, in writing, a temporary
3cessation of operation of any amusement device or ride,
4concession booth, or related electrical equipment if it has
5been determined after inspection to be hazardous or unsafe.
6Operation of the amusement device or ride, concession booth or
7related electrical equipment shall not resume until the unsafe
8or hazardous condition is corrected to the satisfaction of the
9commissioner director.
10 Sec. 1769. Section 88A.8, Code 2023, is amended to read as
11follows:
1288A.8 Judicial review.
13Judicial review of action of the commissioner director
14 may be sought in accordance with the terms of the Iowa
15administrative procedure Act, chapter 17A.
16 Sec. 1770. Section 88A.10, subsections 1 and 2, Code 2023,
17are amended to read as follows:
181. Any person who operates an amusement device or ride,
19concession booth or related electrical equipment at a carnival
20or fair without having obtained a permit from the commissioner
21 director or who violates any order or rule issued by the
22commissioner director under this chapter is guilty of a serious
23misdemeanor.
242. A person who interferes with, impedes, or obstructs in
25any manner the commissioner director in the performance of the
26commissioner’s director’s duties under this chapter is guilty
27of a simple misdemeanor. A person who bribes or attempts to
28bribe the commissioner director is subject to section 722.1.
29 Sec. 1771. Section 88A.11, subsections 3 and 4, Code 2023,
30are amended to read as follows:
313. The commissioner director may exempt amusement devices
32from the provisions of this chapter that have self-contained
33wiring installed by the manufacturer, that are operated
34manually by the use of hands or feet, that operate on less than
35one hundred twenty volts of electrical power, and that are
-1062-1fixtures or appliances within or part of a structure subject to
2the building code of this state or any political subdivision
3of this state.
44. The commissioner director may exempt playground
5equipment owned, maintained, and operated by any political
6subdivision of this state.
7 Sec. 1772. Section 88A.13, Code 2023, is amended to read as
8follows:
988A.13 Waiver of inspection.
10The commissioner director may waive the requirement that
11an amusement device or ride or any part thereof be inspected
12before being operated in this state if an operator gives
13satisfactory proof to the commissioner director that the
14amusement device or ride or any part thereof has passed an
15inspection conducted by a public or private agency whose
16inspection standards and requirements are at least equal
17to those requirements and standards established by the
18commissioner director under the provisions of this chapter.
19The annual permit and inspection fees shall be paid before the
20commissioner director may waive this requirement.
21 Sec. 1773. Section 88A.14, Code 2023, is amended to read as
22follows:
2388A.14 Injunction.
24In addition to any and all other remedies, if an owner,
25operator, or person in charge of any amusement device or ride,
26concession booth, or related electrical equipment covered by
27this chapter, continues to operate any amusement device or
28ride, concession booth, or related electrical equipment covered
29by this chapter, after receiving a notice of defect as provided
30by this chapter, without first correcting the defects or making
31replacements, the commissioner director may petition the
32district court in equity, in an action brought in the name of
33the state, for a writ of injunction to restrain the use of the
34alleged defective amusement device or ride, concession booth,
35or related electrical equipment.
-1063-1 Sec. 1774. Section 88B.1, subsections 3 and 4, Code 2023,
2are amended by striking the subsections and inserting in lieu
3thereof the following:
43. “Department” means the department of inspections,
5appeals, and licensing.
64. “Director” means the director of the department of
7inspections, appeals, and licensing.
8 Sec. 1775. Section 88B.1, subsections 5 and 6, Code 2023,
9are amended to read as follows:
105. “License” means an authorization issued by the division
11 department permitting an individual person, including a
12supervisor or contractor, to work on an asbestos project, to
13inspect buildings for asbestos-containing building materials,
14to develop management plans, and to act as an asbestos project
15designer.
166. “Permit” means an authorization issued by the division
17 department permitting a business entity to remove or
18encapsulate asbestos.
19 Sec. 1776. Section 88B.3, Code 2023, is amended to read as
20follows:
2188B.3 Administration — rules — fees — inspections.
221. The commissioner director shall administer this chapter.
232. The commissioner director shall adopt, in accordance
24with chapter 17A, rules necessary to carry out the provisions
25of this chapter.
263. The commissioner director shall prescribe fees for
27the issuance and renewal of licenses and permits. The fees
28shall be based on the costs of licensing, permitting, and
29administering this chapter, including time spent by personnel
30of the division department in performing duties and any travel
31expenses incurred. All fees provided for in this chapter shall
32be collected by the commissioner director and remitted to the
33treasurer of state for deposit in the general fund of the
34state.
354. At least once a year, during an actual asbestos project,
-1064-1the division department shall conduct an on-site inspection
2of each permittee’s procedures for removing and encapsulating
3asbestos.
4 Sec. 1777. Section 88B.3A, subsection 1, Code 2023, is
5amended to read as follows:
61. To qualify for a permit, a business entity shall submit
7an application to the division department in the form required
8by the division department and pay the prescribed fee.
9 Sec. 1778. Section 88B.4, Code 2023, is amended to read as
10follows:
1188B.4 Permit — term, renewal, and records required.
121. A permit expires on the first anniversary of its
13effective date, unless it is renewed for a one-year term as
14provided in this section.
152. At least one month before the permit expires, the
16division department shall send to the permittee, at the last
17known address of the permittee, a renewal notice that states
18all of the following:
19a. The date on which the current permit expires.
20b. The date by which the renewal application must be
21received by the division department for the renewal to be
22issued and mailed before the permit expires.
23c. The amount of the renewal fee.
243. Before the permit expires, the permittee may renew it for
25an additional one-year term, if the business entity meets the
26following conditions:
27a. Is otherwise entitled to a permit.
28b. Submits a renewal application to the division department
29 in the form required by the division department.
30c. Pays the renewal fee prescribed by the division
31 department.
324. The permittee shall keep a record of each asbestos
33project it performs and shall make the record available to the
34division department at any reasonable time. Records shall
35contain information and be kept for a time prescribed in rules
-1065-1adopted by the division department.
2 Sec. 1779. Section 88B.5, Code 2023, is amended to read as
3follows:
488B.5 Waivers and alternative procedures.
51. In an emergency that results from a sudden, unexpected
6event that is not a planned renovation or demolition, the
7commissioner director may waive the requirement for a permit.
82. If the business entity is not primarily engaged in the
9removal or encapsulation of asbestos, the commissioner director
10 may waive the requirement for a permit if worker protection
11requirements are met.
123. The division department shall not approve any waivers
13on work conducted at a school, public, or commercial building
14unless the request is accompanied by a recommendation from an
15asbestos project designer.
16 Sec. 1780. Section 88B.6, subsection 1, paragraphs a and b,
17Code 2023, are amended to read as follows:
18a. To apply for a license, an individual shall submit an
19application to the division department in the form required by
20the division department and shall pay the prescribed fee.
21b. The application shall include information prescribed by
22rules adopted by the commissioner director.
23 Sec. 1781. Section 88B.6, subsection 2, paragraph a,
24unnumbered paragraph 1, Code 2023, is amended to read as
25follows:
26An individual is not eligible to be or do any of the
27following unless the person obtains a license from the division
28 department:
29 Sec. 1782. Section 88B.6, subsection 2, paragraph b, Code
302023, is amended to read as follows:
31b. To qualify for a license, the applicant must have
32successfully completed training as established by the United
33States environmental protection agency, paid a fee, and met
34other requirements as specified by the division department by
35rule.
-1066-1 Sec. 1783. Section 88B.8, unnumbered paragraph 1, Code
22023, is amended to read as follows:
3The division department may deny, suspend, or revoke a
4permit or license, in accordance with chapter 17A, if the
5permittee or licensee does any of the following:
6 Sec. 1784. Section 88B.8, subsection 2, Code 2023, is
7amended to read as follows:
82. Fails at any time to meet the qualifications for a permit
9or license or to comply with a rule adopted by the commissioner
10 director under this chapter.
11 Sec. 1785. Section 88B.11, Code 2023, is amended to read as
12follows:
1388B.11 Bids for governmental projects.
14A state agency or political subdivision shall not accept a
15bid in connection with any asbestos project from a business
16entity that does not hold a permit from the division department
17 at the time the bid is submitted, unless the business entity
18provides the state agency or political subdivision with written
19proof that ensures that the business entity has contracted
20to have the asbestos removal or encapsulation performed by a
21licensed asbestos contractor.
22 Sec. 1786. Section 89.1, subsection 1, Code 2023, is amended
23to read as follows:
241. The labor commissioner director shall enforce the
25provisions of this chapter and may employ qualified personnel
26under the provisions of chapter 8A, subchapter IV, to
27administer the provisions of this chapter.
28 Sec. 1787. Section 89.2, subsection 4, Code 2023, is amended
29by striking the subsection and inserting in lieu thereof the
30following:
314. “Department” means the department of inspections,
32appeals, and licensing.
33 Sec. 1788. Section 89.2, Code 2023, is amended by adding the
34following new subsection:
35 NEW SUBSECTION. 4A. “Director” means the director of the
-1067-1department of inspections, appeals, and licensing.
2 Sec. 1789. Section 89.2, subsection 9, Code 2023, is amended
3to read as follows:
49. “Special inspector” means an inspector who holds a
5commission from the commissioner director and who is not a
6state employee.
7 Sec. 1790. Section 89.3, Code 2023, is amended to read as
8follows:
989.3 Inspection made.
101. It shall be the duty of the commissioner director to
11inspect or cause to be inspected internally and externally, at
12least once every twelve months, except as otherwise provided
13in this section, in order to determine whether all such
14equipment is in a safe and satisfactory condition, and properly
15constructed and maintained for the purpose for which it is
16used, all boilers and unfired steam pressure vessels operating
17in excess of fifteen pounds per square inch, all low pressure
18heating boilers and unfired steam pressure vessels located in
19places of public assembly and other appurtenances used in this
20state for generating or transmitting steam for power, or for
21using steam under pressure for heating or steaming purposes.
222. The commissioner director may enter any building or
23structure, public or private, for the purpose of inspecting any
24equipment covered by this chapter or gathering information with
25reference thereto.
263. The commissioner may inspect boilers and tanks
27and other equipment stamped with the American society of
28mechanical engineers code symbol for other than steam pressure,
29manufactured in Iowa, when requested by the manufacturer.
304. a. An object that meets all of the following criteria
31shall be inspected at least once every two years internally
32and externally while not under pressure, and at least once
33every two years externally while under pressure, unless the
34commissioner director determines that an earlier inspection is
35warranted:
-1068- 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.
12b. The owner or user of an object meeting the criteria in
13paragraph “a” shall do the following:
14(1) At any time the commissioner director, a special
15inspector, or the supervisor of water treatment deems a
16hydrostatic test is necessary to determine the safety of
17an object, conduct the test under the supervision of the
18commissioner director.
19(2) Keep available for examination by the commissioner
20 director accurate records showing the date and actual time the
21object is out of service and the reason it is out of service.
22(3) Keep available for examination by the commissioner
23 director chemical physical laboratory analyses of samples of
24the object water taken at regular intervals of not more than
25forty-eight hours of operation as will adequately show the
26condition of the water and any elements or characteristics of
27the water which are capable of producing corrosion or other
28deterioration of the object or its parts.
295. a. An object that meets all of the following criteria
30shall be inspected at least once each year externally while
31under pressure and at least once every four years internally
32while not under pressure, unless the commissioner director
33 determines an earlier inspection is warranted:
34(1) The object is a boiler with one hundred thousand pounds
35per hour or more capacity, or the object is an unfired steam
-1069-1pressure vessel or a regulated appurtenance that is part of the
2same system as a boiler with one hundred thousand pounds per
3hour or more capacity.
4(2) The object contains only water subject to internal
5continuous water treatment under the direct supervision of
6a graduate engineer or chemist, or one having equivalent
7experience in the treatment of boiler water.
8(3) The water treatment is for the purpose of controlling
9and limiting serious corrosion and other deteriorating factors.
10(4) Either of the following:
11(a) The owner or user is a participant in good standing in
12the Iowa occupational safety and health voluntary protection
13program and has achieved star status within the program, which
14is administered by the division of labor services in the
15department of workforce development inspections, appeals, and
16licensing.
17(b) The object is an unfired steam pressure vessel and is
18part of or integral to the continuous operation of a process
19covered by and compliant with the occupational safety and
20health administration process safety management standard
21contained in 29 C.F.R. §1910.119 and the owner demonstrates
22such compliance to a special inspector or the commissioner
23 director. The unfired steam pressure vessel must also be
24included as process safety management process equipment in the
25owner of the unfired steam pressure vessel’s process safety
26management program.
27b. The owner or user of an object that meets the criteria in
28paragraph “a” shall do the following:
29(1) At any time the commissioner director, a special
30inspector, or the supervisor of the water treatment deems
31a hydrostatic test necessary to determine the safety of
32an object, conduct the test under the supervision of the
33commissioner director.
34(2) Keep available for examination by the commissioner
35 director accurate records showing the date and actual time the
-1070-1object is out of service and the reason it is out of service.
2(3) Arrange for an internal inspection of the object during
3each planned outage by a special inspector or the commissioner
4 director.
5(4) Keep for examination by the commissioner director
6 accurate records showing the chemical physical laboratory
7analyses of samples of the object’s water taken at regular
8intervals of not more than forty-eight hours of operation
9adequate to show the condition of the water and any elements
10or characteristics of the water that are capable of producing
11corrosion or other deterioration of the object or its parts.
126. Internal inspections of cast aluminum steam, cast
13aluminum hot water heating, sectional cast iron steam, and
14cast iron hot water heating boilers shall be conducted only
15as deemed necessary by the commissioner director. External
16operating inspections shall be conducted annually.
177. Internal inspections of steel hot water boilers shall be
18conducted once every six years. External operating inspections
19shall be conducted annually in years other than the year in
20which internal inspections are conducted.
218. Inspections of unfired steam pressure vessels operating
22in excess of fifteen pounds per square inch and low pressure
23steam boilers shall be conducted at least once each calendar
24year. The inspections conducted within each two-year period
25shall include an external inspection conducted while the boiler
26is operating and an internal inspection, where construction
27permits. No more than one inspection shall be conducted per
28six-month period. An internal inspection of an unfired steam
29pressure vessel or low pressure steam boiler may be required
30at any time by the commissioner director upon the observation
31by an inspector of conditions, enumerated by the commissioner
32 director through rules, warranting an internal inspection.
33If a low pressure steam boiler is in dry lay-up, an internal
34inspection shall be conducted in lieu of an external
35inspection. For purposes of this subsection, “dry lay-up”
-1071-1means a process whereby a boiler is taken out of service for a
2period of six months or longer, drained, dried, and cleaned,
3and measures to prevent corrosion are performed on the boiler.
49. An internal inspection shall not be required on an
5unfired steam pressure vessel that was manufactured without an
6inspection opening.
710. An exhibition boiler does not require an annual
8inspection certificate but special inspections may be requested
9by the owner or an event’s management to be performed by the
10commissioner director. Upon the completion of an exhibition
11boiler inspection a written condition report shall be prepared
12by the commissioner director regarding the condition of
13the exhibition boiler’s boiler or pressure vessel. This
14report will be issued to the owner and the management of all
15events at which the exhibition boiler is to be operated. The
16event’s management is responsible for the decision on whether
17the exhibition boiler should be operated and shall inform
18the division of labor services department of the event’s
19management’s decision. The event’s management is responsible
20for any injuries which result from the operation of any
21exhibition boiler approved for use at the event by the event’s
22management. A repair symbol, known as the “R” stamp, is not
23required for repairs made to exhibition boilers pursuant to the
24rules regarding inspections and repair of exhibition boilers as
25adopted by the commissioner director, pursuant to chapter 17A.
2611. An inspection report created pursuant to this chapter
27that requires modification, alteration, or change shall be in
28writing and shall cite the state law or rule or the ASME code
29section allegedly violated.
30 Sec. 1791. Section 89.4, subsection 2, unnumbered paragraph
311, Code 2023, is amended to read as follows:
32Unfired steam pressure vessels not exceeding the following
33limitations are not required to be reported to the commissioner
34 director and shall be exempt from regular inspection under
35provisions of this chapter:
-1072-1 Sec. 1792. Section 89.5, subsections 1 and 2, Code 2023, are
2amended to read as follows:
31. The commissioner director shall investigate and record
4the cause of any boiler explosion that may occur in the state,
5the loss of life, injuries sustained, and estimated loss of
6property, if any; and such other data as may be of benefit in
7preventing a recurrence of similar explosions.
82. The commissioner director shall keep a complete and
9accurate record of the name of the owner or user of each steam
10boiler or other equipment subject to this chapter, giving
11a full description of the equipment, including the type,
12dimensions, age, condition, the amount of pressure allowed, and
13the date when last inspected.
14 Sec. 1793. Section 89.6, Code 2023, is amended to read as
15follows:
1689.6 Notice to commissioner director.
171. Before any equipment included under the provisions
18of this chapter is installed by any owner, user, or lessee
19thereof, a ten days’ written notice of intention to install the
20equipment shall be given to the commissioner director. The
21notice shall designate the proposed place of installation, the
22type and capacity of the equipment, the use to be made thereof,
23the name of the company which manufactured the equipment, and
24whether the equipment is new or used.
252. Before any power boiler is converted to a low pressure
26boiler, the owner or user shall give to the commissioner
27 director ten days’ written notice of intent to convert the
28boiler. The notice shall designate the boiler location, the
29uses of the building, and other information specified by rule
30by the board.
31 Sec. 1794. Section 89.7, Code 2023, is amended to read as
32follows:
3389.7 Special inspectors.
341. The inspection required by this chapter shall not be
35made by the commissioner director if an owner or user of
-1073-1equipment specified by this chapter obtains an inspection by
2a representative of a reputable insurance company and obtains
3a policy of insurance upon the equipment from that insurance
4company.
52. The representative conducting the inspection shall
6be commissioned by the commissioner director as a special
7inspector for the year during which the inspection occurs
8and shall meet such other requirements as the commissioner
9 director may by rule establish. The commission shall be valid
10for one year and the special inspector shall pay a fee for the
11issuance of the commission. The commissioner director shall
12establish the amount of the fee by rule. The commissioner
13 director shall establish rules for the issuance and revocation
14of special inspector commissions. The rules are subject to the
15requirements of chapter 17A.
163. The insurance company shall file a notice of insurance
17coverage on forms approved by the commissioner director stating
18that the equipment is insured and that inspection shall be made
19in accordance with section 89.3.
204. The special inspector shall provide the user and the
21commissioner director with an inspection report including the
22nature and extent of all defects and violations, in a format
23approved by the labor commissioner director.
245. The failure of a special inspector to inform the
25commissioner director of violations shall not subject the
26commissioner director to liability for any damages incurred.
27 Sec. 1795. Section 89.7A, Code 2023, is amended to read as
28follows:
2989.7A Certificates.
301. The commissioner director shall issue a certificate of
31inspection valid for the period specified in section 89.3 after
32the payment of a fee, the filing of an inspection report, and
33the correction or other appropriate resolution of any defects
34identified in the inspection report. The certificate shall be
35posted at a place near the location of the equipment.
-1074- 12. The owner or user of any equipment covered in this
2chapter, or persons in charge of such equipment, shall not
3allow or permit a greater pressure in any unit than is stated
4in the certificate of inspection issued by the commissioner
5 director.
63. The commissioner director shall indicate to the user
7whether or not the equipment may be used without making repair
8or replacement of defective parts, or whether or how the
9equipment may be used in a limited capacity before repairs
10or replacements are made, and the commissioner director may
11permit the user a reasonable time to make such repairs or
12replacements.
13 Sec. 1796. Section 89.8, Code 2023, is amended to read as
14follows:
1589.8 Boiler and pressure vessel safety fund — fees
16appropriated.
17A boiler and pressure vessel safety revolving fund is
18created within the state treasury under the control of the
19commissioner director and shall consist of moneys collected
20by the commissioner director as fees. Moneys in the fund are
21appropriated and shall be used by the commissioner director
22 to pay the actual costs and expenses necessary to operate the
23board and administer the provisions of this chapter. All
24salaries and expenses properly chargeable to the fund shall be
25paid from the fund. Section 8.33 does not apply to any moneys
26in the fund. Notwithstanding section 12C.7, subsection 2,
27interest or earnings on moneys deposited in the fund shall be
28credited to the fund.
29 Sec. 1797. Section 89.9, Code 2023, is amended to read as
30follows:
3189.9 Disposal of fees.
32All fees provided for in this chapter shall be collected
33by the commissioner director and remitted to the treasurer
34of state, to be deposited in the boiler and pressure vessel
35safety fund pursuant to section 89.8, together with an itemized
-1075-1statement showing the source of collection.
2 Sec. 1798. Section 89.11, Code 2023, is amended to read as
3follows:
489.11 Injunction.
51. In addition to all other remedies, if any owner, user,
6or person in charge of any equipment covered by this chapter
7continues to use any equipment covered by this chapter,
8after receiving an inspection report identifying defects and
9exhausting appeal rights as provided by this chapter without
10first correcting the defects or making replacements, the
11commissioner director may apply to the district court by
12petition in equity, in an action brought in the name of the
13state, for a writ of injunction to restrain the use of the
14alleged defective equipment.
152. If the commissioner director believes that the continued
16operation of equipment constitutes an imminent danger that
17could seriously injure or cause death to any person, in
18addition to all other remedies, the commissioner director
19 may apply to the district court in the county in which the
20imminently dangerous condition exists for a temporary order to
21enjoin the owner, user, or person in charge from operating the
22equipment before the owner’s, user’s, or person’s rights to
23administrative appeals have been exhausted.
24 Sec. 1799. Section 89.12, Code 2023, is amended to read as
25follows:
2689.12 Hearing — notice — decree.
27The commissioner director shall notify in writing the owner
28or user of the equipment of the time and place of hearing of the
29petition as fixed by the court or judge, and shall serve the
30notice on the defendant at least five days prior to the hearing
31in the same manner as original notices are served. The general
32provisions relating to civil practice and procedure as may be
33applicable, shall govern the proceedings, except as herein
34modified. In the event the defendant does not appear or plead
35to the action, default shall be entered against the defendant.
-1076-1The action shall be tried in equity, and the court or judge
2shall make such order or decree as the evidence warrants.
3 Sec. 1800. Section 89.13, Code 2023, is amended to read as
4follows:
589.13 Civil penalty allowed.
6If upon notice and hearing the commissioner director
7 determines that an owner has operated a facility in violation
8of a safety order, the commissioner director may assess a civil
9penalty against the owner in an amount not exceeding five
10hundred dollars, as determined by the commissioner director.
11An order assessing a civil penalty is subject to appeal to
12the employment appeal board and to judicial review. The
13commissioner director may commence an action in the district
14court to enforce payment of a civil penalty. Revenue from
15the penalty provided in this section shall be remitted to the
16treasurer of state for deposit in the general fund of the
17state.
18 Sec. 1801. Section 89.14, subsection 1, Code 2023, is
19amended to read as follows:
201. A boiler and pressure vessel board is created within
21the division of labor services of the department of workforce
22development to formulate definitions and rules requirements
23for the safe and proper installation, repair, maintenance,
24alteration, use, and operation of boilers and pressure vessels
25in this state.
26 Sec. 1802. Section 89.14, subsection 2, paragraph a, Code
272023, is amended to read as follows:
28a. The commissioner director or the commissioner’s
29 director’s designee.
30 Sec. 1803. Section 89.14, subsections 4, 6, and 8, Code
312023, are amended to read as follows:
324. The members of the board shall select a chairperson, vice
33chairperson, and secretary from their membership. However,
34neither the commissioner director nor the commissioner’s
35 director’s designee shall serve as chairperson. The board
-1077-1shall meet at least quarterly but may meet as often as
2necessary. Meetings shall be set by a majority of the board
3or upon the call of the chairperson, or in the chairperson’s
4absence, upon the call of the vice chairperson. A majority of
5the board members shall constitute a quorum.
66. A notice of defect or inspection report issued by the
7commissioner director pursuant to this chapter may, within
8thirty days after the making of the order, be appealed to
9the board. Board action constitutes final agency action for
10purposes of chapter 17A.
118. The board shall establish fees for examinations,
12inspections, annual statements, shop inspections, and other
13services. The fees shall reflect the actual costs and expenses
14necessary to operate the board and perform the duties of the
15commissioner director.
16 Sec. 1804. Section 89A.1, subsections 2 and 4, Code 2023,
17are amended by striking the subsections.
18 Sec. 1805. Section 89A.1, Code 2023, is amended by adding
19the following new subsections:
20 NEW SUBSECTION. 4A. “Department” means the department of
21inspections, appeals, and licensing.
22 NEW SUBSECTION. 4B. “Director” means the director of the
23department of inspections, appeals, and licensing.
24 Sec. 1806. Section 89A.1, subsections 11, 15, 16, and 19,
25Code 2023, are amended to read as follows:
2611. “Inspector” means an inspector employed by the division
27 department for the purpose of administering this chapter.
2815. “New installation” means a conveyance the construction
29or relocation of which is begun, or for which an application
30for a new installation permit is filed, on or after the
31effective date of rules relating to those permits adopted by
32the commissioner director under authority of this chapter. All
33other installations are existing installations.
3416. “Owner” means the owner of a conveyance, unless the
35conveyance is a new installation or is undergoing major
-1078-1alterations, in which case the owner shall be considered the
2person responsible for the installation or alteration of the
3conveyance until the conveyance has passed final inspection by
4the division department.
519. “Special inspector” means an inspector commissioned
6by the labor commissioner director, and not employed by the
7division department.
8 Sec. 1807. Section 89A.3, subsections 6 and 8, Code 2023,
9are amended to read as follows:
106. The commissioner director shall furnish copies of
11the rules adopted pursuant to this chapter to any person who
12requests them, without charge, or upon payment of a charge not
13to exceed the actual cost of printing of the rules.
148. The commissioner director may adopt rules pursuant to
15chapter 17A relating to the denial, issuance, revocation, and
16suspension of special inspector commissions.
17 Sec. 1808. Section 89A.4, Code 2023, is amended to read as
18follows:
1989A.4 Commissioner’s Director’s duties and personnel.
20The commissioner director shall enforce the provisions of
21this chapter. The commissioner director shall employ personnel
22for the administration of this chapter pursuant to chapter 8A,
23subchapter IV.
24 Sec. 1809. Section 89A.5, Code 2023, is amended to read as
25follows:
2689A.5 Registration of conveyances.
27The owner of every existing conveyance, whether or not
28dormant, shall register the conveyance with the commissioner
29 director, giving type, contract load and speed, name of
30manufacturer, its location, and the purpose for which it is
31used, and other information the commissioner director may
32require. Registration shall be made in a format required by
33the division department.
34 Sec. 1810. Section 89A.6, subsections 2, 4, and 5, Code
352023, are amended to read as follows:
-1079- 12. Every existing conveyance registered with the
2commissioner director shall be inspected within one year
3after the effective date of the registration, except that the
4safety board may extend by rule the time specified for making
5inspections.
64. The inspections required by subsections 1 through 3
7shall be made only by inspectors or special inspectors. An
8inspection by a special inspector may be accepted by the
9commissioner director in lieu of a required inspection by an
10inspector.
115. A report of every inspection shall be filed with the
12commissioner director by the inspector or special inspector,
13in a format required by the commissioner director, after the
14inspection has been completed and within the time provided
15by rule, but not to exceed thirty days. The report shall
16include all information required by the commissioner director
17 to determine whether the conveyance is in compliance with
18applicable rules. For the inspection required by subsection
191, the report shall indicate whether the conveyance has
20been installed in accordance with the detailed plans and
21specifications approved by the commissioner director, and
22meets the requirements of the applicable rules. The failure
23of a special inspector to inform the commissioner director
24 of violations shall not subject the commissioner director to
25liability for any damages incurred.
26 Sec. 1811. Section 89A.7, Code 2023, is amended to read as
27follows:
2889A.7 Alteration permits.
29The owner shall submit to the commissioner director detailed
30plans, specifications, and other information the commissioner
31 director may require for each conveyance to be altered,
32together with an application for an alteration permit, in
33a format required by the commissioner director. Repairs
34or replacements necessary for normal maintenance are not
35alterations, and may be made on existing installations with
-1080-1parts equivalent in material, strength, and design to those
2replaced and no plans or specifications or application need be
3filed for the repairs or replacements. However, this section
4does not authorize the use of any conveyance contrary to an
5order issued pursuant to section 89A.10, subsections 2 and 3.
6 Sec. 1812. Section 89A.8, Code 2023, is amended to read as
7follows:
889A.8 New installation permits.
91. The installation or relocation of a conveyance shall
10not begin until an installation permit has been issued by the
11commissioner director.
122. An application for an installation permit shall be
13submitted in a format determined by the commissioner director.
143. a. If the application or any accompanying materials
15indicates a failure to comply with applicable rules, the
16commissioner director shall give notice of the compliance
17failures to the person filing the application.
18b. If the application indicates compliance with applicable
19rules or after compliance failures have been remedied, the
20commissioner director shall issue an installation permit for
21relocation or installation, as applicable.
22 Sec. 1813. Section 89A.9, subsection 1, Code 2023, is
23amended to read as follows:
241. Operating permits shall be issued by the commissioner
25 director to the owner of every conveyance when the inspection
26report indicates compliance with the applicable provisions
27of this chapter. However, a permit shall not be issued
28if the fees required by this chapter have not been paid.
29Permits shall be issued within thirty days after filing of
30the inspection report required by section 89A.6, unless the
31time is extended for cause by the division department. A
32conveyance shall not be operated after the thirty days or after
33an extension granted by the commissioner director has expired,
34unless an operating permit has been issued.
35 Sec. 1814. Section 89A.10, Code 2023, is amended to read as
-1081-1follows:
289A.10 Enforcement orders by commissioner director —
3injunction.
41. If an inspection report indicates a failure to comply
5with applicable rules, or with the detailed plans and
6specifications approved by the commissioner director, the
7commissioner director may, upon giving notice, order the owner
8of a conveyance to make the changes necessary for compliance.
92. If the owner does not make the changes necessary for
10compliance as required in subsection 1 within the period
11specified by the commissioner director, the commissioner
12 director, upon notice, may suspend or revoke the operating
13permit, or may refuse to issue the operating permit for
14the conveyance. The commissioner director shall notify the
15owner of any action to suspend, revoke, or refuse to issue an
16operating permit and the reason for the action by service in
17the same manner as an original notice or by certified mail. An
18owner may appeal the commissioner’s director’s initial decision
19to the safety board. The decision of the safety board shall be
20considered final agency action pursuant to chapter 17A.
213. If the commissioner director has reason to believe
22that the continued operation of a conveyance constitutes
23an imminent danger which could reasonably be expected to
24seriously injure or cause death to any person, in addition to
25any other remedies, the commissioner director may apply to the
26district court in the county in which such imminently dangerous
27condition exists for a temporary order for the purpose of
28enjoining such imminently dangerous conveyance. Upon hearing,
29if deemed appropriate by the court, a permanent injunction
30may be issued to ensure that such imminently dangerous
31conveyance be prevented or controlled. Upon the elimination
32or rectification of such imminently dangerous condition, the
33temporary or permanent injunction shall be vacated.
34 Sec. 1815. Section 89A.12, Code 2023, is amended to read as
35follows:
-1082- 189A.12 Access to conveyances.
2Every owner of a conveyance subject to regulation by
3this chapter shall grant access to that conveyance to the
4commissioner director and personnel of the division department.
5Inspections shall be permitted at reasonable times, with or
6without prior notice.
7 Sec. 1816. Section 89A.13, subsections 1, 2, and 4, Code
82023, are amended to read as follows:
91. An elevator safety board is created within the division
10of labor services in the department of workforce development
11 to formulate definitions and rules for the safe and proper
12installation, repair, maintenance, alteration, use, and
13operation of conveyances in this state.
142. The safety board is composed of nine members, one of
15whom shall be the commissioner director or the commissioner’s
16 director’s designee. The governor shall appoint the remaining
17eight members of the board, subject to senate confirmation, to
18staggered four-year terms which shall begin and end as provided
19in section 69.19. The members shall be as follows: two
20representatives from an elevator manufacturing company or
21its authorized representative; two representatives from
22elevator servicing companies; one building owner or manager;
23one representative employed by a local government in this
24state who is knowledgeable about building codes in this
25state; one representative of workers actively involved in the
26installation, maintenance, and repair of elevators; and one
27licensed mechanical engineer.
284. The members of the safety board shall select a
29chairperson, vice chairperson, and a secretary from their
30membership. However, neither the commissioner director nor the
31commissioner’s director’s designee shall serve as chairperson.
32The safety board shall meet at least quarterly but may meet as
33often as necessary. Meetings shall be set by a majority of the
34safety board or upon the call of the chairperson, or in the
35chairperson’s absence, upon the call of the vice chairperson.
-1083-1A majority of the safety board members shall constitute a
2quorum.
3 Sec. 1817. Section 89A.15, Code 2023, is amended to read as
4follows:
589A.15 Inspections by local authorities.
6A city or other governmental subdivision shall not make or
7maintain any ordinance, bylaw, or resolution providing for the
8licensing of special inspectors. An ordinance or resolution
9relating to the inspection, construction, installation,
10alteration, maintenance, or operation of conveyances within
11the limits of the city or governmental subdivision which
12conflicts with this chapter or with rules adopted pursuant
13to this chapter is void. The commissioner director, in the
14commissioner’s director’s discretion, may accept inspections by
15local authorities in lieu of inspections required by section
1689A.6, but only upon a showing by the local authority that
17applicable laws and rules will be consistently and literally
18enforced and that inspections will be performed by special
19inspectors.
20 Sec. 1818. Section 89A.16, Code 2023, is amended to read as
21follows:
2289A.16 Prosecution of offenses.
23The division department shall cause prosecution for the
24violation of the provisions of this chapter to be instituted
25by the attorney general in the county in which the violation
26occurred.
27 Sec. 1819. Section 89A.18, Code 2023, is amended to read as
28follows:
2989A.18 Civil penalty.
30If upon notice and hearing the commissioner director
31 determines that an owner has operated a conveyance after an
32order of the commissioner director that suspends, revokes,
33or refuses to issue an operating permit for the conveyance
34has become final under section 89A.10, subsection 2, the
35commissioner director may assess a civil penalty against the
-1084-1owner in an amount not exceeding five hundred dollars, as
2determined by the commissioner director. An order assessing
3a civil penalty is subject to appeal under section 89A.10,
4subsection 2, in the same manner and to the same extent as
5decisions referred to in that subsection. The commissioner
6 director may commence an action in the district court to
7enforce payment of the civil penalty. A record of assessment
8against or payment of a civil penalty by any person for a
9violation of this section shall not be admissible as evidence
10in any court in any civil action. Revenue from the penalty
11provided in this section shall be remitted to the treasurer of
12state for deposit in the state general fund.
13 Sec. 1820. Section 89A.19, Code 2023, is amended to read as
14follows:
1589A.19 Elevator safety fund — fees appropriated.
16A revolving elevator safety fund is created in the state
17treasury under the control of the commissioner director and
18shall consist of moneys collected by the commissioner director
19 as fees. Moneys in the fund are appropriated to and shall
20be used by the commissioner director to pay the actual costs
21and expenses necessary to operate the safety board and perform
22the duties of the commissioner director as described in this
23chapter. All fees collected by the commissioner director
24 pursuant to this chapter shall be remitted to the treasurer
25of state to be deposited in the elevator safety fund. 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. 1821. Section 89B.3, Code 2023, is amended by adding
32the following new subsection:
33 NEW SUBSECTION. 01. “Commissioner” means the labor
34commissioner appointed pursuant to section 10A.203, or the
35labor commissioner’s designee.
-1085-1 Sec. 1822. Section 89B.3, subsection 1, Code 2023, is
2amended to read as follows:
31. “Division” means the division of labor services of the
4department of workforce development created under section 84A.1
5inspections, appeals, and licensing.
6 Sec. 1823. Section 90A.1, subsection 2, Code 2023, is
7amended to read as follows:
82. “Commissioner” means the state commissioner of athletics,
9who is also the labor commissioner appointed pursuant to
10section 91.2, director of the department of inspections,
11appeals, and licensing or the labor commissioner’s director’s
12 designee.
13 Sec. 1824. Section 91A.2, subsection 1, Code 2023, is
14amended by striking the subsection.
15 Sec. 1825. Section 91A.2, Code 2023, is amended by adding
16the following new subsection:
17 NEW SUBSECTION. 2A. “Director” means the director of the
18department of inspections, appeals, and licensing.
19 Sec. 1826. Section 91A.6, subsection 1, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21An employer shall after being notified by the commissioner
22 director pursuant to subsection 2:
23 Sec. 1827. Section 91A.6, subsection 2, Code 2023, is
24amended to read as follows:
252. The commissioner director shall notify an employer to
26comply with subsection 1 if the employer has paid a claim
27for unpaid wages or nonreimbursed authorized expenses and
28liquidated damages under section 91A.10 or if the employer
29has been assessed a civil money penalty under section 91A.12.
30However, a court may, when rendering a judgment for wages or
31nonreimbursed authorized expenses and liquidated damages or
32upholding a civil money penalty assessment, order that an
33employer shall not be required to comply with the provisions of
34subsection 1 or that an employer shall be required to comply
35with the provisions of subsection 1 for a particular period of
-1086-1time.
2 Sec. 1828. Section 91A.9, Code 2023, is amended to read as
3follows:
491A.9 General powers and duties of the commissioner director.
51. The commissioner director shall administer and enforce
6the provisions of this chapter. The commissioner director may
7hold hearings and investigate charges of violations of this
8chapter.
92. The commissioner director may, consistent with due
10process of law, enter any place of employment to inspect
11records concerning wages and payrolls, to question the employer
12and employees, and to investigate such facts, conditions, or
13matters as are deemed appropriate in determining whether any
14person has violated the provisions of this chapter. However,
15such entry by the commissioner director shall only be in
16response to a written complaint.
173. The commissioner director may employ such qualified
18personnel as are necessary for the enforcement of this chapter.
19Such personnel shall be employed pursuant to chapter 8A,
20subchapter IV.
214. The commissioner director shall, in consultation with
22the United States department of labor, develop a database of
23the employers in this state utilizing special certificates
24issued by the United States secretary of labor as authorized
25under 29 U.S.C. §214, and shall maintain the database.
265. The commissioner director shall promulgate, pursuant to
27chapter 17A, any rules necessary to carry out the provisions of
28this chapter.
29 Sec. 1829. Section 91A.10, Code 2023, is amended to read as
30follows:
3191A.10 Settlement of claims and suits for wages —
32prohibition against discharge of employee.
331. Upon the written complaint of the employee involved,
34the commissioner director may determine whether wages have
35not been paid and may constitute an enforceable claim. If
-1087-1for any reason the commissioner director decides not to make
2such determination, the commissioner director shall so notify
3the complaining employee within fourteen days of receipt of
4the complaint. The commissioner director shall otherwise
5notify the employee of such determination within a reasonable
6time and if it is determined that there is an enforceable
7claim, the commissioner director shall, with the consent of
8the complaining employee, take an assignment in trust for the
9wages and for any claim for liquidated damages without being
10bound by any of the technical rules respecting the validity of
11the assignment. However, the commissioner director shall not
12accept any complaint for unpaid wages and liquidated damages
13after one year from the date the wages became due and payable.
142. The commissioner director, with the assistance of the
15office of the attorney general if the commissioner director
16 requests such assistance, shall, unless a settlement is
17reached under this subsection, commence a civil action in any
18court of competent jurisdiction to recover for the benefit
19of any employee any wage, expenses, and liquidated damages’
20claims that have been assigned to the commissioner director
21 for recovery. The commissioner director may also request
22reasonable and necessary attorney fees. With the consent
23of the assigning employee, the commissioner director may
24also settle a claim on behalf of the assigning employee.
25Proceedings under this subsection and subsection 1 that precede
26commencement of a civil action shall be conducted informally
27without any party having a right to be heard before the
28commissioner director. The commissioner director may join
29various assignments in one claim for the purpose of settling or
30litigating their claims.
313. The provisions of subsections 1 and 2 shall not be
32construed to prevent an employee from settling or bringing an
33action for damages under section 91A.8 if the employee has not
34assigned the claim under subsection 1.
354. Any recovery of attorney fees, in the case of actions
-1088-1brought under this section by the commissioner director, shall
2be remitted by the commissioner director to the treasurer of
3state for deposit in the general fund of the state. Also, the
4commissioner director shall not be required to pay any filing
5fee or other court costs.
65. An employer shall not discharge or in any other manner
7discriminate against any employee because the employee has
8filed a complaint, assigned a claim, or brought an action
9under this section or has cooperated in bringing any action
10against an employer. Any employee may file a complaint with
11the commissioner director alleging discharge or discrimination
12within thirty days after such violation occurs. Upon receipt
13of the complaint, the commissioner director shall cause an
14investigation to be made to the extent deemed appropriate. If
15the commissioner director determines from the investigation
16that the provisions of this subsection have been violated, the
17commissioner director shall bring an action in the appropriate
18district court against such person. The district court shall
19have jurisdiction, for cause shown, to restrain violations of
20this subsection and order all appropriate relief including
21rehiring or reinstatement of the employee to the former
22position with back pay.
23 Sec. 1830. Section 91A.11, Code 2023, is amended to read as
24follows:
2591A.11 Wage claims brought under reciprocity.
261. The commissioner director may enter into reciprocal
27agreements with the labor department or corresponding agency
28of any other state or its representatives for the collection
29in such other states of claims or judgments for wages and
30other demands based upon claims assigned to the commissioner
31 director.
322. The commissioner director may, to the extent provided
33for by any reciprocal agreement entered into by law or with an
34agency of another state as provided in this section, maintain
35actions in the courts of such other state to the extent
-1089-1permitted by the laws of that state for the collection of
2claims for wages, judgments and other demands and may assign
3such claims, judgments and demands to the labor department or
4agency of such other state for collection to the extent that
5such an assignment may be permitted or provided for by the laws
6of such state or by reciprocal agreement.
73. The commissioner director may, upon the written consent
8of the labor department or other corresponding agency of any
9other state or its representatives, maintain actions in the
10courts of this state upon assigned claims for wages, judgments
11and demands arising in such other state in the same manner
12and to the same extent that such actions by the commissioner
13 director are authorized when arising in this state. However,
14such actions may be maintained only in cases in which such
15other state by law or reciprocal agreement extends a like
16comity to cases arising in this state.
17 Sec. 1831. Section 91A.12, Code 2023, is amended to read as
18follows:
1991A.12 Civil penalties.
201. Any employer who violates the provisions of this chapter
21or the rules promulgated under it shall be subject to a civil
22money penalty of not more than five hundred dollars per pay
23period for each violation. The commissioner director may
24recover such civil money penalty according to the provisions
25of subsections 2 through 5. Any civil money penalty recovered
26shall be deposited in the general fund of the state.
272. The commissioner director may propose that an employer
28be assessed a civil money penalty by serving the employer with
29notice of such proposal in the same manner as an original
30notice is served under the rules of civil procedure. Upon
31service of such notice, the proposed assessment shall be
32treated as a contested case under chapter 17A. However, an
33employer must request a hearing within thirty days of being
34served.
353. If an employer does not request a hearing pursuant
-1090-1to subsection 2 or if the commissioner director determines,
2after an appropriate hearing, that an employer is in violation
3of this chapter, the commissioner director shall assess a
4civil money penalty which is consistent with the provisions
5of subsection 1 and which is rendered with due consideration
6for the penalty amount in terms of the size of the employer’s
7business, the gravity of the violation, the good faith of the
8employer, and the history of previous violations.
94. An employer may seek judicial review of any assessment
10rendered under subsection 3 by instituting proceedings for
11judicial review pursuant to chapter 17A. However, such
12proceedings must be instituted in the district court of the
13county in which the violation or one of the violations occurred
14and within thirty days of the day on which the employer was
15notified that an assessment has been rendered. Also, an
16employer may be required, at the discretion of the district
17court and upon instituting such proceedings, to deposit the
18amount assessed with the clerk of the district court. Any
19moneys so deposited shall either be returned to the employer
20or be forwarded to the commissioner director for deposit in
21the general fund of the state, depending on the outcome of the
22judicial review, including any appeal to the supreme court.
235. After the time for seeking judicial review has expired
24or after all judicial review has been exhausted and the
25commissioner’s director’s assessment has been upheld, the
26commissioner director shall request the attorney general to
27recover the assessed penalties in a civil action.
28 Sec. 1832. Section 91A.15, subsection 2, paragraph b, Code
292023, is amended to read as follows:
30b. The franchisor has been found by the commissioner
31 director to have exercised a type or degree of control over
32the franchisee or the franchisee’s employees that is not
33customarily exercised by a franchisor for the purpose of
34protecting the franchisor’s trademarks and brand.
35 Sec. 1833. Section 91C.1, Code 2023, is amended to read as
-1091-1follows:
291C.1 Definition — exemption — combined registration and
3licensing process for plumbers and mechanical professionals.
41. As used in this chapter, unless the context otherwise
5requires, “contractor”:
6a. “Contractor”means a person who engages in the business
7of construction, as the term “construction” is defined in the
8Iowa administrative code for purposes of chapter 96, the Iowa
9employment security law. However, a person who earns less than
10two thousand dollars annually or who performs work or has work
11performed on the person’s own property is not a contractor for
12purposes of this chapter.
13b. “Department” means the department of inspections,
14appeals, and licensing.
15c. “Director” means the director of the department of
16inspections, appeals, and licensing.
172. The state, its boards, commissions, agencies,
18departments, and its political subdivisions including school
19districts and other special purpose districts, are not
20contractors for purposes of this chapter.
212. 3. If a contractor’s registration application shows
22that the contractor is self-employed, does not pay more than
23two thousand dollars annually to employ other persons in the
24business, and does not work with or for other contractors in
25the same phases of construction, the contractor is exempt from
26the fee requirements under this chapter.
273. 4. a. The labor services division of the department of
28workforce development and the Iowa department of public health
29will work with stakeholders to develop a plan to combine the
30contractor registration and contractor licensing application
31process for contractors licensed under chapter 105, to be
32implemented in time for licensing renewals due July 1, 2017.
33Effective July 1, 2017, a A contractor licensed under chapter
34105 shall register as a contractor under this chapter in
35conjunction with the contractor licensing process established
-1092-1by the department. At no cost to the labor services division,
2the The department of public health shall collect both the
3registration and licensing applications as part of one combined
4application. The labor commissioner director shall design
5the contractor registration application form to exclude
6from the division of labor services’ department’s contractor
7registration application process those contractors who are also
8covered by chapter 103 or 105. The labor commissioner director
9 is authorized to adopt rules as needed to accomplish a merger
10of the application systems including transitional registration
11periods and fees.
12b. Effective July 1, 2017, excluding registrations by
13contractors that are exempt from the registration fee pursuant
14to this section, the department of public health shall collect
15and transfer to the labor services division a portion of each
16contractor license fee equal to three times the contractor
17registration fee for each three-year license or a prorated
18portion thereof using a one-sixth deduction for each six-month
19period of the renewal cycle.
20 Sec. 1834. Section 91C.2, Code 2023, is amended to read as
21follows:
2291C.2 Registration required — conditions.
23A contractor doing business in this state shall register
24with the labor commissioner director and shall meet all of the
25following requirements as a condition of registration:
261. The contractor shall be in compliance with the laws of
27this state relating to workers’ compensation insurance and
28shall provide evidence of workers’ compensation insurance
29coverage annually, of relief from the insurance requirement
30pursuant to section 87.11, or a statement that the contractor
31is not required to carry workers’ compensation coverage.
32Notice of a policy’s cancellation shall be provided to the
33labor commissioner director by the insurance company.
342. The contractor shall possess an employer account number
35or a special contractor number issued by the department
-1093-1of workforce development pursuant to chapter 96, the Iowa
2employment security law.
33. An out-of-state contractor shall either file a surety
4bond, as provided in section 91C.7, with the division of labor
5services department in the amount of twenty-five thousand
6dollars or shall provide a statement to the division of labor
7services department that the contractor is prequalified to bid
8on projects for the department of transportation pursuant to
9section 314.1.
10 Sec. 1835. Section 91C.3, subsection 1, unnumbered
11paragraph 1, Code 2023, is amended to read as follows:
12The registration application shall be in the form prescribed
13by the labor commissioner director, shall be accompanied by
14the registration fee prescribed pursuant to section 91C.4, and
15shall contain information which is substantially complete and
16accurate. In addition to the information determined by the
17labor commissioner director to be necessary for purposes of
18section 91C.2, the application shall include information as to
19each of the following:
20 Sec. 1836. Section 91C.3, subsection 2, Code 2023, is
21amended to read as follows:
222. Any change in the information provided shall be reported
23promptly to the labor commissioner director.
24 Sec. 1837. Section 91C.4, Code 2023, is amended to read as
25follows:
2691C.4 Fees.
27The labor commissioner director shall prescribe the fee for
28registration, which fee shall not exceed fifty dollars every
29year.
30 Sec. 1838. Section 91C.5, Code 2023, is amended to read as
31follows:
3291C.5 Public registration number — records — revocation.
331. The labor commissioner director shall issue to each
34registered contractor an identifying public registration
35number and shall compile records showing the names and public
-1094-1registration numbers of all contractors registered in the
2state. These records and the complete registration information
3provided by each contractor are public records and the labor
4commissioner director shall take steps as necessary to
5facilitate access to the information by governmental agencies
6and the general public.
72. The labor commissioner director shall revoke a
8registration number when the contractor fails to maintain
9compliance with the conditions necessary to obtain a
10registration. The labor commissioner director shall provide
11a fact-finding interview to assure that the contractor is not
12in compliance before revoking any registration. Hearings on
13revocation of registrations shall be held in accordance with
14section 91C.8.
15 Sec. 1839. Section 91C.6, Code 2023, is amended to read as
16follows:
1791C.6 Rules.
18The labor commissioner director shall adopt rules, pursuant
19to chapter 17A, determined to be reasonably necessary for
20phasing in, administering, and enforcing the system of
21contractor registration established by this chapter.
22 Sec. 1840. Section 91C.7, Code 2023, is amended to read as
23follows:
2491C.7 Contracts — contractor’s bond.
251. A contractor who is not registered with the labor
26commissioner director as required by this chapter shall not be
27awarded a contract to perform work for the state or an agency
28of the state.
292. A surety bond filed pursuant to section 91C.2 shall
30be executed by a surety company authorized to do business in
31this state, and the bond shall be continuous in nature until
32canceled by the surety with not less than thirty days’ written
33notice to the contractor and to the division of labor services
34of the department of workforce development indicating the
35surety’s desire to cancel the bond. The surety company shall
-1095-1not be liable under the bond for any contract commenced after
2the cancellation of the bond. The division of labor services
3of the department of workforce development may increase the
4bond amount after a hearing.
53. Release of the bond shall be conditioned upon the
6payment of all taxes, including contributions due under
7the unemployment compensation insurance system, penalties,
8interest, and related fees, which may accrue to the state
9of Iowa. If at any time during the term of the bond,
10the department of revenue or the department of workforce
11development determines that the amount of the bond is not
12sufficient to cover the tax liabilities accruing to the state
13of Iowa, the labor commissioner director shall require the bond
14to be increased by an amount the labor commissioner director
15 deems sufficient to cover the tax liabilities accrued and
16accruing.
174. The department of revenue and the department of workforce
18development shall adopt rules for the collection of the
19forfeiture. Notice shall be provided to the surety and to
20the contractor. Notice to the contractor shall be mailed to
21the contractor’s last known address and to the contractor’s
22registered agent for service of process, if any, within the
23state. The contractor or surety shall have the opportunity to
24apply to the director of revenue for a hearing within thirty
25days after the giving of such notice. Upon the failure to
26timely request a hearing, the bond shall be forfeited. If,
27after the hearing upon timely request, the department of
28revenue or the department of workforce development finds
29that the contractor has failed to pay the total of all taxes
30payable, the department of revenue or the department of
31workforce development shall order the bond forfeited. The
32amount of the forfeiture shall be the amount of taxes payable
33or the amount of the bond, whichever is less. For purposes of
34this section “taxes payable” means all tax, penalties, interest,
35and fees that the department of revenue has previously
-1096-1determined to be due to the state by assessment or in an appeal
2of an assessment, including contributions to the unemployment
3compensation insurance system.
45. If it is determined that this section may cause denial
5of federal funds which would otherwise be available, or is
6otherwise inconsistent with requirements of federal law, this
7section shall be suspended, but only to the extent necessary to
8prevent denial of the funds or to eliminate the inconsistency
9with federal requirements.
106. The bond required by this section may be attached by the
11commissioner director for collection of fees and penalties due
12to the division.
13 Sec. 1841. Section 91C.8, Code 2023, is amended to read as
14follows:
1591C.8 Investigations — enforcement — administrative
16penalties.
171. The labor commissioner director and inspectors of the
18division of labor services of the department of workforce
19development have jurisdiction for investigation and enforcement
20in cases where contractors may be in violation of the
21requirements of this chapter or rules adopted pursuant to this
22chapter.
232. If, upon investigation, the labor commissioner director
24 or the commissioner’s director’s authorized representative
25believes that a contractor has violated any of the following,
26the commissioner director shall with reasonable promptness
27issue a citation to the contractor:
28a. The requirement that a contractor be registered.
29b. The requirement that the contractor’s registration
30information be substantially complete and accurate.
31c. The requirement that an out-of-state contractor file a
32bond with the division of labor services department.
333. Each citation shall be in writing and shall describe
34with particularity the nature of the violation, including a
35reference to the provision of the statute alleged to have been
-1097-1violated.
24. If a citation is issued, the commissioner director shall,
3within seven days, notify the contractor by service in the
4same manner as an original notice or by certified mail of the
5administrative penalty, if any, proposed to be assessed and
6that the contractor has fifteen working days within which to
7notify the commissioner director that the contractor wishes to
8contest the citation or proposed assessment of penalty.
95. The administrative penalties which may be imposed under
10this section shall be not more than five hundred dollars
11in the case of a first violation and not more than five
12thousand dollars for each violation in the case of a second or
13subsequent violation. All administrative penalties collected
14pursuant to this chapter shall be deposited in the general fund
15of the state.
166. If, within fifteen working days from the receipt of
17the notice, the contractor fails to notify the commissioner
18 director that the contractor intends to contest the citation
19or proposed assessment of penalty, the citation and the
20assessment, as proposed, shall be deemed a final order of the
21employment appeal board and not subject to review by any court
22or agency.
237. If the contractor notifies the commissioner director
24 that the contractor intends to contest the citation or proposed
25assessment of penalty, the commissioner director shall
26immediately advise the employment appeal board established by
27section 10A.601. The employment appeal board shall review the
28action of the commissioner director and shall thereafter issue
29an order, based on findings of fact, affirming, modifying, or
30vacating the commissioner’s director’s citation or proposed
31penalty or directing other appropriate relief, and the order
32shall become final sixty days after its issuance.
338. The labor commissioner director shall notify the
34department of revenue upon final agency action regarding
35the citation and assessment of penalty against a registered
-1098-1contractor.
29. Judicial review of any order of the employment appeal
3board issued pursuant to this section may be sought in
4accordance with the terms of chapter 17A. If no petition
5for judicial review is filed within sixty days after service
6of the order of the employment appeal board, the appeal
7board’s findings of fact and order shall be conclusive in
8connection with any petition for enforcement which is filed
9by the commissioner director after the expiration of the
10sixty-day period. In any such case, the clerk of court, unless
11otherwise ordered by the court, shall forthwith enter a decree
12enforcing the order and shall transmit a copy of the decree to
13the employment appeal board and the contractor named in the
14petition.
15 Sec. 1842. Section 91C.9, subsection 1, Code 2023, is
16amended to read as follows:
171. A contractor registration revolving fund is created in
18the state treasury. The revolving fund shall be administered
19by the commissioner director and shall consist of moneys
20collected by the commissioner director as fees. The
21commissioner director shall remit all fees collected pursuant
22to this chapter to the revolving fund. The moneys in the
23revolving fund are appropriated to and shall be used by the
24commissioner director to pay the actual costs and expenses
25necessary to perform the duties of the commissioner director
26 and the division of labor services department as described in
27this chapter. All salaries and expenses properly chargeable to
28the revolving fund shall be paid from the revolving fund.
29 Sec. 1843. Section 91D.1, subsection 1, paragraph c, Code
302023, is amended to read as follows:
31c. For purposes of determining whether an employee of a
32restaurant, hotel, motel, inn, or cabin, who customarily and
33regularly receives more than thirty dollars a month in tips
34is receiving the minimum hourly wage rate prescribed by this
35section, the amount paid the employee by the employer shall
-1099-1be deemed to be increased on account of the tips by an amount
2determined by the employer, not to exceed forty percent of
3the applicable minimum wage. An employee may file a written
4appeal with the labor commissioner director of the department
5of inspections, appeals, and licensing if the amount of tips
6received by the employee is less than the amount determined by
7the employer under this subsection.
8 Sec. 1844. Section 91D.1, subsection 3, paragraph b,
9subparagraph (2), Code 2023, is amended to read as follows:
10(2) The franchisor has been found by the labor commissioner
11 director of the department of inspections, appeals, and
12licensing to have exercised a type or degree of control over
13the franchisee or the franchisee’s employees that is not
14customarily exercised by a franchisor for the purpose of
15protecting the franchisor’s trademarks and brand.
16 Sec. 1845. Section 91D.1, subsection 5, Code 2023, is
17amended to read as follows:
185. The labor commissioner director of the department of
19inspections, appeals, and licensing shall adopt rules to
20implement and administer this section.
21 Sec. 1846. 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. 1847. 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. 1848. 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
-1100-1and 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. 1849. 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. 1850. NEW SECTION. 92.1B Definition.
32For purposes of this chapter, “director” means the director
33of the department of inspections, appeals, and licensing.
34 Sec. 1851. Section 92.4, subsection 1, Code 2023, is amended
35to read as follows:
-1101- 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. 1852. 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. 1853. 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. 1854. 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. 1855. 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. 1856. 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
-1102-1permit 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. 1857. 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. 1858. 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. 1859. 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. 1860. Section 92.22, Code 2023, is amended to read as
34follows:
3592.22 Labor commissioner Director to enforce — civil penalty
-1103-1— 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,
-1104-1within 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. 1861. 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. 1862. 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
-1105-1of inspections, and appeals, and licensing.
2 Sec. 1863. 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. 1864. 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. 1865. Section 99B.1, subsection 13, Code 2023, is
35amended to read as follows:
-1106- 113. “Department” means the department of inspections, and
2 appeals, and licensing.
3 Sec. 1866. 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. 1867. 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. 1868. 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
-1107-1necessary 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. 1869. 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. 1870. 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. 1871. 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
-1108-1paid 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. 1872. 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. 1873. 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. 1874. 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
-1109-1appropriate 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. 1875. 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. 1876. Section 123.32, subsection 6, paragraph b, Code
-1110-12023, 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. 1877. 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
-1111-1of 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. 1878. 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
-1112-1a 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. 1879. 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. 1880. Section 135.16A, subsection 1, paragraph d, Code
312023, is amended to read as follows:
32d. “Grocery store” means a food establishment as defined
33in section 137F.1 licensed by the department of inspections,
34 and appeals, and licensing pursuant to section 137F.4, to sell
35food or food products to customers intended for preparation or
-1113-1consumption off premises.
2 Sec. 1881. Section 135.16A, subsection 2, paragraph a, Code
32023, is amended to read as follows:
4a. The department of inspections, and appeals, and licensing
5 shall assist the Iowa department of public health in adopting
6rules necessary to implement and administer this section.
7 Sec. 1882. Section 135.63, subsection 2, paragraph g,
8subparagraph (1), subparagraph division (a), Code 2023, is
9amended to read as follows:
10(a) The institutional health facility reports to the
11department the number and type of beds reduced on a form
12prescribed by the department at least thirty days before the
13reduction. In the case of a health care facility, the new bed
14total must be consistent with the number of licensed beds at
15the facility. In the case of a hospital, the number of beds
16must be consistent with bed totals reported to the department
17of inspections, and appeals, and licensing for purposes of
18licensure and certification.
19 Sec. 1883. Section 135B.1, subsection 1, Code 2023, is
20amended to read as follows:
211. “Department” means the department of inspections, and
22 appeals, and licensing.
23 Sec. 1884. Section 135C.1, subsections 4, 6, and 20, Code
242023, are amended to read as follows:
254. “Department” means the department of inspections, and
26 appeals, and licensing.
276. “Director” means the director of the department of
28inspections, and appeals, and licensing, or the director’s
29designee.
3020. “Residential care facility” means any institution,
31place, building, or agency providing for a period exceeding
32twenty-four consecutive hours accommodation, board, personal
33assistance and other essential daily living activities to
34three or more individuals, not related to the administrator or
35owner thereof within the third degree of consanguinity, who by
-1114-1reason of illness, disease, or physical or mental infirmity
2are unable to sufficiently or properly care for themselves but
3who do not require the services of a registered or licensed
4practical nurse except on an emergency basis or who by reason
5of illness, disease, or physical or mental infirmity are unable
6to sufficiently or properly care for themselves but who do not
7require the services of a registered or licensed practical
8nurse except on an emergency basis if home and community-based
9services, other than nursing care, as defined by this chapter
10and departmental rule, are provided. For the purposes of
11this definition, the home and community-based services to be
12provided are limited to the type included under the medical
13assistance program provided pursuant to chapter 249A, are
14subject to cost limitations established by the department of
15human services under the medical assistance program, and except
16as otherwise provided by the department of inspections, and
17 appeals, and licensing with the concurrence of the department
18of human services, are limited in capacity to the number of
19licensed residential care facilities and the number of licensed
20residential care facility beds in the state as of December 1,
212003.
22 Sec. 1885. Section 135C.4, subsection 3, Code 2023, is
23amended to read as follows:
243. For the purposes of this section, the home and
25community-based services to be provided shall be limited to the
26type included under the medical assistance program provided
27pursuant to chapter 249A, shall be subject to cost limitations
28established by the department of human services under the
29medical assistance program, and except as otherwise provided by
30the department of inspections, and appeals, and licensing with
31the concurrence of the department of human services, shall be
32limited in capacity to the number of licensed residential care
33facilities and the number of licensed residential care facility
34beds in the state as of December 1, 2003.
35 Sec. 1886. Section 135C.19, subsection 3, Code 2023, is
-1115-1amended to read as follows:
23. If the facility cited subsequently advises the
3department of human services that the violation has been
4corrected to the satisfaction of the department of inspections,
5 and appeals, and licensing, the department of human services
6shall maintain this advisory in the same file with the copy
7of the citation. The department of human services shall
8not disseminate to the public any information regarding
9citations issued by the department of inspections, and appeals,
10and licensing, but shall forward or refer inquiries to the
11department of inspections, and appeals, and licensing.
12 Sec. 1887. Section 135C.31A, subsection 1, Code 2023, is
13amended to read as follows:
141. A health care facility shall assist the Iowa department
15of veterans affairs in identifying, upon admission of a
16resident, the resident’s eligibility for benefits through the
17United States department of veterans affairs. The department
18of inspections, and appeals, and licensing, in cooperation
19with the department of human services, shall adopt rules to
20administer this section, including a provision that ensures
21that if a resident is eligible for benefits through the United
22States department of veterans affairs or other third-party
23payor, the payor of last resort for reimbursement to the
24health care facility is the medical assistance program.
25The rules shall also require the health care facility to
26request information from a resident or resident’s personal
27representative regarding the resident’s veteran status and to
28report to the Iowa department of veterans affairs only the
29names of residents identified as potential veterans along with
30the names of their spouses and any dependents. Information
31reported by the health care facility shall be verified by the
32Iowa department of veterans affairs. This section shall not
33apply to the admission of an individual to a state mental
34health institute for acute psychiatric care or to the admission
35of an individual to the Iowa veterans home.
-1116-1 Sec. 1888. Section 135C.31A, subsection 2, paragraph b,
2Code 2023, is amended to read as follows:
3b. The department of inspections, and appeals, and
4licensing, the department of veterans affairs, and the
5department of human services shall identify any barriers
6to residents in accessing such prescription drug benefits
7and shall assist health care facilities in adjusting their
8procedures for medication administration to comply with this
9subsection.
10 Sec. 1889. Section 135C.33, subsection 7, paragraph a, Code
112023, is amended to read as follows:
12a. The department of inspections, and appeals, and
13licensing, in conjunction with other departments and agencies
14of state government involved with criminal history and
15abuse registry information, shall establish a single contact
16repository for facilities and other providers to have
17electronic access to data to perform background checks for
18purposes of employment, as required of the facilities and other
19providers under this section.
20 Sec. 1890. Section 135C.34, Code 2023, is amended to read
21as follows:
22135C.34 Medication aide — certification.
23The department of inspections, and appeals, and licensing,
24in cooperation with other appropriate agencies, shall establish
25a procedure to allow a person who is certified as a medication
26aide in another state to become certified in this state upon
27completion and passage of both the certified nurse aide and
28certified medication aide challenge examinations, without
29additional requirements for certification, including but
30not limited to, required employment in this state prior to
31certification. The department shall adopt rules pursuant to
32chapter 17A to administer this section.
33 Sec. 1891. Section 135G.1, subsection 2, Code 2023, is
34amended to read as follows:
352. “Department” means the department of inspections, and
-1117-1 appeals, and licensing.
2 Sec. 1892. Section 135G.10, subsection 1, unnumbered
3paragraph 1, Code 2023, is amended to read as follows:
4The department of inspections, and appeals, and licensing
5 and the department of human services shall collaborate
6in establishing standards for licensing of subacute care
7facilities to achieve all of the following objectives:
8 Sec. 1893. Section 135G.10, subsection 3, Code 2023, is
9amended to read as follows:
103. The department of inspections, and appeals, and
11licensing, in consultation with the department of human
12services and affected professional groups, shall adopt and
13enforce rules setting out the standards for a subacute care
14facility and the rights of the residents admitted to a subacute
15care facility. The department of inspections, and appeals, and
16licensing and the department of human services shall coordinate
17the adoption of rules and the enforcement of the rules in order
18to prevent duplication of effort by the departments and of
19requirements of the licensee.
20 Sec. 1894. Section 135G.11, subsection 2, Code 2023, is
21amended to read as follows:
222. Upon receipt of a complaint made in accordance with
23subsection 1, the department shall make a preliminary review
24of the complaint. Unless the department concludes that the
25complaint is intended to harass a subacute care facility or
26a licensee or is without reasonable basis, it shall within
27twenty working days of receipt of the complaint make or cause
28to be made an on-site inspection of the subacute care facility
29which is the subject of the complaint. The department of
30inspections, and appeals, and licensing may refer to the
31department of human services any complaint received by the
32department of inspections, and appeals, and licensing if the
33complaint applies to rules adopted by the department of human
34services. The complainant shall also be notified of the name,
35address, and telephone number of the designated protection and
-1118-1advocacy agency if the alleged violation involves a facility
2with one or more residents with a developmental disability or
3mental illness. In any case, the complainant shall be promptly
4informed of the result of any action taken by the department
5in the matter.
6 Sec. 1895. Section 135H.1, subsection 1, Code 2023, is
7amended to read as follows:
81. “Department” means the department of inspections, and
9 appeals, and licensing.
10 Sec. 1896. Section 135H.10, subsection 1, Code 2023, is
11amended to read as follows:
121. The department of inspections and appeals, in
13consultation with the department of human services and affected
14professional groups, shall adopt and enforce rules setting
15out the standards for a psychiatric medical institution
16for children and the rights of the residents admitted to a
17psychiatric institution. The department of inspections and
18appeals and the department of human services shall coordinate
19the adoption of rules and the enforcement of the rules in order
20to prevent duplication of effort by the departments and of
21requirements of the licensee.
22 Sec. 1897. 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 a
28licensee or is without reasonable basis, it shall within twenty
29working days of receipt of the complaint make or cause to be
30made an on-site inspection of the psychiatric institution which
31is the subject of the complaint. The department of inspections
32and appeals may refer to the department of human services any
33complaint received by the department if the complaint applies
34to rules adopted by the department of human services. The
35complainant shall also be notified of the name, address, and
-1119-1telephone number of the designated protection and advocacy
2agency if the alleged violation involves a facility with one
3or more residents with developmental disabilities or mental
4illness. In any case, the complainant shall be promptly
5informed of the result of any action taken by the department
6in the matter.
7 Sec. 1898. Section 135J.1, subsection 3, Code 2023, is
8amended to read as follows:
93. “Department” means the department of inspections, and
10 appeals, and licensing.
11 Sec. 1899. Section 135J.2, subsection 2, Code 2023, is
12amended to read as follows:
132. The hospice program shall meet the criteria pursuant
14to section 135J.3 before a license is issued. The department
15of inspections and appeals is responsible to provide the
16necessary personnel to inspect the hospice program, the home
17care and inpatient care provided and the hospital or facility
18used by the hospice to determine if the hospice complies with
19necessary standards before a license is issued. Hospices that
20are certified as Medicare hospice providers by the department
21of inspections and appeals or are accredited as hospices by
22the joint commission on the accreditation of health care
23organizations, shall be licensed without inspection by the
24department of inspections and appeals.
25 Sec. 1900. Section 135J.4, Code 2023, is amended to read as
26follows:
27135J.4 Inspection.
28The department of inspections and appeals shall make or be
29responsible for inspections of the hospice program, the home
30care and the inpatient care provided in the hospice program,
31and the hospital or facility before a license is issued. The
32department of inspections and appeals shall inspect the hospice
33program periodically after initial inspection.
34 Sec. 1901. Section 135O.1, subsections 1 and 2, Code 2023,
35are amended to read as follows:
-1120- 11. “Boarding home” means a premises used by its owner
2or lessee for the purpose of letting rooms for rental to
3three or more persons not related within the third degree of
4consanguinity to the owner or lessee where supervision or
5assistance with activities of daily living is provided to such
6persons. A boarding home does not include a facility, home,
7or program otherwise subject to licensure or regulation by the
8department of health and human services, or the department of
9inspections and appeals, or department of public health.
102. “Department” means the department of inspections, and
11 appeals, and licensing.
12 Sec. 1902. Section 135O.2, subsection 2, Code 2023, is
13amended to read as follows:
142. The department of inspections and appeals shall adopt
15rules to administer this chapter in consultation with the
16departments of human services and public safety.
17 Sec. 1903. Section 135O.3, subsection 2, paragraph a, Code
182023, is amended to read as follows:
19a. The interagency approach may involve a multidisciplinary
20team consisting of employees of the department of inspections
21and appeals, the department of human services, the state fire
22marshal, and the division of criminal investigation of the
23department of public safety, or other local, state, and federal
24agencies.
25 Sec. 1904. Section 135O.3, subsection 4, Code 2023, is
26amended to read as follows:
274. If the department or a multidisciplinary team has
28probable cause to believe that a boarding home is in violation
29of this chapter or licensing or other regulatory requirements
30of the department of human services, department of inspections
31and appeals, or department of public health, or that dependent
32adult abuse of any individual living in a boarding home
33has occurred, and upon producing proper identification, is
34denied entry to the boarding home or access to any individual
35living in the boarding home for the purpose of making an
-1121-1inspection or conducting an investigation, the department or
2multidisciplinary team may, with the assistance of the county
3attorney of the county in which the boarding home is located,
4apply to the district court for an order requiring the owner or
5lessee to permit entry to the boarding home and access to the
6individuals living in the boarding home.
7 Sec. 1905. Section 135Q.1, subsection 1, Code 2023, is
8amended to read as follows:
91. “Department” means the department of inspections, and
10 appeals, and licensing.
11 Sec. 1906. Section 137C.2, subsections 2 and 3, Code 2023,
12are amended to read as follows:
132. “Director” means the director of the department of
14inspections, and appeals, and licensing or the director’s
15designee.
163. “Department” means the department of inspections, and
17 appeals, and licensing.
18 Sec. 1907. Section 137D.1, subsection 1, Code 2023, is
19amended to read as follows:
201. “Department” means the department of inspections, and
21 appeals, and licensing.
22 Sec. 1908. Section 137F.1, subsections 4 and 5, Code 2023,
23are amended to read as follows:
244. “Department” means the department of inspections, and
25 appeals, and licensing.
265. “Director” means the director of the department of
27inspections, and appeals, and licensing.
28 Sec. 1909. Section 137F.3A, Code 2023, is amended to read
29as follows:
30137F.3A Municipal corporation inspections — contingent
31appropriation.
321. a. The department of inspections and appeals may employ
33additional full-time equivalent positions to enforce the
34provisions of this chapter and chapters 137C and 137D, with
35the approval of the department of management, if either of the
-1122-1following apply:
2(1) A municipal corporation operating pursuant to a chapter
328E agreement with the department of inspections and appeals
4 to enforce the chapters either fails to renew the agreement
5effective after April 1, 2007, or discontinues, after April
61, 2007, enforcement activities in one or more jurisdictions
7during the agreement time frame.
8(2) The department of inspections and appeals cancels an
9agreement after April 1, 2007, due to noncompliance with the
10terms of the agreement.
11b. Before approval may be given, the director of the
12department of management must have determined that the expenses
13exceed the funds budgeted by the general assembly for food
14inspections to the department of inspections and appeals. The
15department of inspections and appeals may hire no more than one
16full-time equivalent position for each six hundred inspections
17required pursuant to this chapter and chapters 137C and 137D.
182. Notwithstanding chapter 137D, and sections 137C.9 and
19137F.6, if the conditions described in this section are met,
20fees imposed pursuant to that chapter and those sections
21shall be retained by and are appropriated to the department
22of inspections and appeals each fiscal year to provide for
23salaries, support, maintenance, and miscellaneous purposes
24associated with the additional inspections. The appropriation
25made in this subsection is not applicable in a fiscal year for
26which the general assembly enacts an appropriation made for the
27purposes described in this subsection.
28 Sec. 1910. Section 147.77, subsection 1, paragraph g,
29unnumbered paragraph 1, Code 2023, is amended to read as
30follows:
31The department of inspections, and appeals, and licensing,
32with respect to rules relating to the following:
33 Sec. 1911. Section 147.77, subsection 1, paragraph g, Code
342023, is amended by adding the following new subparagraphs:
35 NEW SUBPARAGRAPH. (6) For applications for a license to
-1123-1practice asbestos removal, that except as noted in rule, only
2worker and contractor/supervisor license applicants must submit
3the respiratory protection and physician’s certification forms.
4 NEW SUBPARAGRAPH. (7) For documentation held by persons
5licensed for asbestos abatement in an area that is subject to
6a disaster emergency proclamation, that the director of the
7department of inspections, appeals, and licensing deems an
8individual contractor, supervisor, or worker to be licensed
9and authorized for asbestos abatement if the individual, in
10addition to other specified conditions, makes immediately
11available on the work site a copy of a physician’s statement
12indicating that, consistent with federal law, a licensed
13physician has examined the individual within the past twelve
14months and approved the individual to work while wearing a
15respirator.
16 NEW SUBPARAGRAPH. (8) That the contents of an application
17for an event license for a covered athletic event other than a
18professional wrestling event shall contain, along with other
19requirements, a copy of the medical license of the ringside
20physician and the date, time, and location of the ringside
21physician’s examination of the contestants.
22 NEW SUBPARAGRAPH. (9) For the responsibilities of the
23promoter of an athletic event, that the promoter submit test
24results to the ringside physician no later than at the time of
25the physical showing that each contestant scheduled for the
26event tested negative for the human immunodeficiency, hepatitis
27B, and hepatitis C viruses within the one-year period prior to
28the event, and that the contestant shall not participate and
29the physician shall notify the promoter that the contestant is
30prohibited from participating for medical reasons if specified
31circumstances occur.
32 NEW SUBPARAGRAPH. (10) For injuries during a professional
33boxing match, that if a contestant claims to be injured during
34the bout, the referee shall stop the bout and request the
35attending physician to make an examination. If the physician
-1124-1decides that the contestant has been injured as the result of a
2foul, the physician shall advise the referee of the injury. If
3the physician is of the opinion that the injured contestant may
4be able to continue, the physician shall order an intermission,
5after which the physician shall make another examination and
6again advise the referee of the injured contestant’s condition.
7It shall be the duty of the promoter to have an approved
8physician in attendance during the entire duration of all
9bouts.
10 NEW SUBPARAGRAPH. (11) For persons allowed in a ring during
11a professional boxing match, that no person other than the
12contestants and the referee shall enter the ring during the
13bout, excepting the seconds between the rounds or the attending
14physician if asked by the referee to examine an injury to a
15contestant.
16 NEW SUBPARAGRAPH. (12) For the weighing of contestants in
17a professional boxing match, that contestants shall be weighed
18and examined on the day of the scheduled match by the attending
19ring physician at a time and place to be determined by the
20state commissioner of athletics.
21 NEW SUBPARAGRAPH. (13) For attending ring physicians
22during a professional boxing match, that when a boxer has been
23injured seriously, knocked out, or technically knocked out, the
24referee shall immediately summon the attending ring physician
25to aid the stricken boxer, and that managers, handlers, and
26seconds shall not attend to the stricken boxer, except at the
27request of the physician.
28 NEW SUBPARAGRAPH. (14) For the keeping of time during a
29professional boxing match, that the timekeeper shall keep an
30exact record of time taken out at the request of a referee for
31an examination of a contestant by the physician.
32 NEW SUBPARAGRAPH. (15) For the suspension of contestants
33during a professional boxing match that is an elimination
34tournament, that a contestant who for specified reasons is not
35permitted to box in the state for a period of time shall be
-1125-1examined by a physician approved by the state commissioner of
2athletics before being permitted to fight again.
3 NEW SUBPARAGRAPH. (16) For the designation of officials for
4professional kickboxing, that the designation of physicians is
5subject to the approval of the state commissioner of athletics
6or designee.
7 NEW SUBPARAGRAPH. (17) For officials for a mixed martial
8arts event, that officials shall include a physician.
9 NEW SUBPARAGRAPH. (18) For the keeping of time for a mixed
10martial arts event, that the timekeeper shall keep an exact
11record of time taken out at the request of a referee for an
12examination of a contestant by the physician.
13 NEW SUBPARAGRAPH. (19) For persons allowed in the cage
14during a mixed martial arts event, that a physician may enter
15the cage to examine a contestant upon the request of the
16referee.
17 NEW SUBPARAGRAPH. (20) For the decorum of persons involved
18in a mixed martial arts event, that a contestant is exempt
19from prohibitions on specified conduct while interacting with
20the contestant’s opponent during a round, but if the round
21is stopped by the physician or referee for a time out, the
22prohibitions shall apply to the contestant.
23 NEW SUBPARAGRAPH. (21) For the examination of contestants
24in a mixed martial arts event, that on the day of the event,
25at a time and place to be approved by the state commissioner
26of athletics, the ringside physician shall conduct a rigorous
27physical examination to determine the contestant’s fitness
28to participate in a mixed martial arts match, and that
29a contestant deemed not fit by the physician shall not
30participate in the event.
31 NEW SUBPARAGRAPH. (22) For injuries during a mixed martial
32arts event, that if a contestant claims to be injured or
33when a contestant has been injured seriously or knocked out,
34the referee shall immediately stop the fight and summon the
35attending ring physician to make an examination of the stricken
-1126-1fighter. If the physician decides that the contestant has
2been injured, the physician shall advise the referee of the
3severity of the injury. If the physician is of the opinion the
4injured contestant may be able to continue, the physician shall
5order an intermission, after which the physician shall make
6another examination and again advise the referee of the injured
7contestant’s condition. Managers, handlers, and seconds shall
8not attend to the stricken fighter, except at the request of
9the physician.
10 Sec. 1912. Section 147.77, subsection 1, paragraph p,
11unnumbered paragraph 1, Code 2023, is amended to read as
12follows:
13The labor services division of the department of workforce
14development inspections, appeals, and licensing, with respect
15to rules relating to the following:
16 Sec. 1913. Section 147.77, subsection 1, paragraph p,
17subparagraphs (3) through (19), Code 2023, are amended by
18striking the subparagraphs.
19 Sec. 1914. Section 147.87, Code 2023, is amended to read as
20follows:
21147.87 Enforcement.
22A board shall enforce the provisions of this chapter and the
23board’s enabling statute and for that purpose may request the
24department of inspections, and appeals, and licensing to make
25necessary investigations. Every licensee and member of a board
26shall furnish the board or the department of inspections, and
27 appeals, and licensing such evidence as the member or licensee
28may have relative to any alleged violation which is being
29investigated.
30 Sec. 1915. Section 147.88, Code 2023, is amended to read as
31follows:
32147.88 Inspections and investigations.
33The department of inspections, and appeals, and licensing
34 may perform inspections and investigations as required by this
35subtitle, except inspections and investigations for the board
-1127-1of medicine, board of pharmacy, board of nursing, and the
2dental board. The department of inspections, and appeals, and
3licensing shall employ personnel related to the inspection and
4investigative functions.
5 Sec. 1916. Section 155A.13, subsection 4, paragraph b, Code
62023, is amended to read as follows:
7b. To the maximum extent possible, the board shall
8coordinate the rules with the standards and conditions
9described in paragraph “a”, subparagraph (4), and shall
10coordinate its inspections of hospital pharmacies with the
11Medicare surveys of the department of inspections, and appeals,
12and licensing and with the board’s inspections with respect to
13controlled substances conducted under contract with the federal
14government.
15 Sec. 1917. Section 155A.15, subsection 2, paragraph d,
16subparagraph (5), Code 2023, is amended to read as follows:
17(5) A licensed health care facility which is furnished
18the drug or device by a pharmacy for storage in secured
19emergency pharmaceutical supplies containers maintained within
20the facility in accordance with rules of the department of
21inspections, and appeals, and licensing and rules of the board.
22 Sec. 1918. Section 169.14, subsection 1, Code 2023, is
23amended to read as follows:
241. The board, upon its own motion or upon a verified
25complaint in writing, may request the department of
26inspections, and appeals, and licensing to conduct an
27investigation of the charges contained in the complaint. The
28department of inspections, and appeals, and licensing shall
29report its findings to the board, and the board may issue an
30order fixing the time and place for hearing if a hearing is
31deemed warranted. A written notice of the time and place of
32the hearing, together with a statement of the charges, shall
33be served upon the licensee at least ten days before the
34hearing in the manner required for the service of notice of the
35commencement of an ordinary action.
-1128-1 Sec. 1919. Section 190B.102, subsection 3, Code 2023, is
2amended to read as follows:
33. The department of agriculture and land stewardship, the
4department of public health, the department of human services,
5and the department of inspections, and appeals, and licensing
6 shall cooperate with the department of revenue to administer
7this subchapter.
8 Sec. 1920. Section 217.34, Code 2023, is amended to read as
9follows:
10217.34 Debt setoff.
11The investigations division of the department of
12inspections, and appeals, and licensing and the department of
13human services shall provide assistance to set off against a
14person’s or provider’s income tax refund or rebate any debt
15which has accrued through written contract, nonpayment of
16premiums pursuant to section 249A.3, subsection 2, paragraph
17“a”, subparagraph (1), subrogation, departmental recoupment
18procedures, or court judgment and which is in the form of a
19liquidated sum due and owing the department of human services.
20The department of inspections, and appeals, and licensing,
21with approval of the department of human services, shall adopt
22rules under chapter 17A necessary to assist the department of
23administrative services in the implementation of the setoff
24under section 8A.504 in regard to money owed to the state for
25public assistance overpayments or nonpayment of premiums as
26specified in this section. The department of human services
27shall adopt rules under chapter 17A necessary to assist the
28department of administrative services in the implementation of
29the setoff under section 8A.504, in regard to collections by
30the child support recovery unit and the foster care recovery
31unit.
32 Sec. 1921. Section 217.35, unnumbered paragraph 1, Code
332023, is amended to read as follows:
34Notwithstanding the requirement for deposit of recovered
35moneys under section 239B.14, recovered moneys generated
-1129-1through fraud and recoupment activities are appropriated to
2the department of human services to be used for additional
3fraud and recoupment activities performed by the department of
4human services or the department of inspections, and appeals,
5and licensing. The department of human services may use
6the recovered moneys appropriated to add not more than five
7full-time equivalent positions, in addition to those funded
8by annual appropriations. The appropriation of the recovered
9moneys is subject to both of the following conditions:
10 Sec. 1922. Section 225C.4, subsection 1, paragraphs t and u,
11Code 2023, are amended to read as follows:
12t. In cooperation with the department of inspections, and
13 appeals, and licensing, recommend minimum standards under
14section 227.4 for the care of and services to persons with
15mental illness or an intellectual disability residing in county
16care facilities. The administrator shall also cooperate with
17the department of inspections, and appeals, and licensing
18 in recommending minimum standards for care of and services
19provided to persons with mental illness or an intellectual
20disability living in a residential care facility regulated
21under chapter 135C.
22u. In cooperation with the Iowa department of public health,
23recommend minimum standards for the maintenance and operation
24of public or private facilities offering disability services,
25which are not subject to licensure by the department or the
26department of inspections, and appeals, and licensing.
27 Sec. 1923. Section 225C.6, subsection 1, paragraph e, Code
282023, is amended to read as follows:
29e. Unless another governmental body sets standards for a
30service available to persons with disabilities, adopt state
31standards for that service. The commission shall review the
32licensing standards used by the department of human services or
33department of inspections, and appeals, and licensing for those
34facilities providing disability services.
35 Sec. 1924. Section 225C.6, subsection 4, paragraph a, Code
-1130-12023, is amended to read as follows:
2a. The department shall coordinate with the department of
3inspections, and appeals, and licensing in the establishment
4of facility-based and community-based, subacute mental health
5services.
6 Sec. 1925. Section 227.4, Code 2023, is amended to read as
7follows:
8227.4 Standards for care of persons with mental illness or an
9intellectual disability in county care facilities.
10The administrator, in cooperation with the department of
11inspections, and appeals, and licensing, shall recommend
12and the mental health and disability services commission
13created in section 225C.5 shall adopt, or amend and adopt,
14standards for the care of and services to persons with mental
15illness or an intellectual disability residing in county care
16facilities. The standards shall be enforced by the department
17of inspections, and appeals, and licensing as a part of the
18licensure inspection conducted pursuant to chapter 135C. The
19objective of the standards is to ensure that persons with
20mental illness or an intellectual disability who are residents
21of county care facilities are not only adequately fed, clothed,
22and housed, but are also offered reasonable opportunities for
23productive work and recreational activities suited to their
24physical and mental abilities and offering both a constructive
25outlet for their energies and, if possible, therapeutic
26benefit. When recommending standards under this section,
27the administrator shall designate an advisory committee
28representing administrators of county care facilities, regional
29administrators, mental health and disability services region
30governing boards, and county care facility certified volunteer
31long-term care ombudsmen to assist in the establishment of
32standards.
33 Sec. 1926. Section 231.42, subsections 4 and 10, Code 2023,
34are amended to read as follows:
354. Referrals of abuse, neglect, or exploitation.
-1131- 1a. If abuse, neglect, or exploitation of a resident or
2tenant is suspected, the state or a local long-term care
3ombudsman shall, with the permission of the resident or tenant
4as applicable under federal law, make an immediate referral to
5the department of inspections, and appeals, and licensing, the
6department of human services, the department on aging, or the
7appropriate law enforcement agency, as applicable.
8b. If the department of inspections, and appeals, and
9licensing responds to a complaint referred by the state or
10a local long-term care ombudsman against a long-term care
11facility, assisted living program, elder group home, or an
12employee of such entity, copies of related inspection reports,
13plans of correction, and notice of any citations and sanctions
14levied against the facility, program, or home shall be
15forwarded to the office of long-term care ombudsman.
1610. Change in operations. A long-term care facility,
17assisted living program, or elder group home shall inform the
18office of long-term care ombudsman in writing at least thirty
19days prior to any change in operations, programs, services,
20licensure, or certification that affects residents or tenants,
21including but not limited to the intention to close, decertify,
22or change ownership. In an emergency situation, or when a
23long-term care facility, assisted living program, or elder
24group home is evacuated, the department of inspections, and
25 appeals, and licensing shall notify the office of long-term
26care ombudsman.
27 Sec. 1927. Section 231.58, Code 2023, is amended to read as
28follows:
29231.58 Long-term living coordination.
30The director may convene meetings, as necessary, of the
31director and the directors of human services, public health,
32and inspections, and appeals, and licensing, to assist in
33the coordination of policy, service delivery, and long-range
34planning relating to the long-term living system and older
35Iowans in the state. The group may consult with individuals,
-1132-1institutions and entities with expertise in the area of the
2long-term living system and older Iowans, as necessary, to
3facilitate the group’s efforts.
4 Sec. 1928. Section 231B.1, subsection 1, Code 2023, is
5amended to read as follows:
61. “Department” means the department of inspections, and
7 appeals, and licensing or the department’s designee.
8 Sec. 1929. Section 231C.2, subsection 4, Code 2023, is
9amended to read as follows:
104. “Department” means the department of inspections, and
11 appeals, and licensing or the department’s designee.
12 Sec. 1930. Section 231C.5A, Code 2023, is amended to read
13as follows:
14231C.5A Assessment of tenants — program eligibility.
15An assisted living program receiving reimbursement through
16the medical assistance program under chapter 249A shall
17assist the department of veterans affairs in identifying, upon
18admission of a tenant, the tenant’s eligibility for benefits
19through the United States department of veterans affairs. The
20assisted living program shall also assist the commission of
21veterans affairs in determining such eligibility for tenants
22residing in the program on July 1, 2009. 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 tenant 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
29assisted living program is the medical assistance program.
30The rules shall also require the assisted living program
31to request information from a tenant or tenant’s personal
32representative regarding the tenant’s veteran status and to
33report to the department of veterans affairs only the names of
34tenants identified as potential veterans along with the names
35of their spouses and any dependents. Information reported by
-1133-1the assisted living program shall be verified by the department
2of veterans affairs.
3 Sec. 1931. Section 231D.1, subsection 3, Code 2023, is
4amended to read as follows:
53. “Department” means the department of inspections, and
6 appeals, and licensing.
7 Sec. 1932. Section 232.142, subsection 5, Code 2023, is
8amended to read as follows:
95. The director, the director of the department of human
10rights, or a designee of the director of the department of
11human rights shall approve annually all such homes established
12and maintained under the provisions of this chapter. A home
13shall not be approved unless it complies with minimal rules and
14standards adopted by the director and has been inspected by the
15department of inspections, and appeals, and licensing. The
16statewide number of beds in the homes approved by the director
17shall not exceed two hundred seventy-two beds beginning July 1,
182017. This subsection is repealed July 1, 2023.
19 Sec. 1933. Section 234.12, subsection 3, Code 2023, is
20amended to read as follows:
213. Upon request by the department of human services, the
22department of inspections, and appeals, and licensing shall
23conduct investigations into possible fraudulent practices,
24as described in section 234.13, relating to food programs
25administered by the department of human services.
26 Sec. 1934. Section 235.5, Code 2023, is amended to read as
27follows:
28235.5 Inspections.
29The department of inspections, and appeals, and licensing
30 shall conduct inspections of private institutions for the care
31of dependent, neglected, and delinquent children in accordance
32with procedures established pursuant to chapters 10A and 17A.
33 Sec. 1935. Section 235A.15, subsection 2, paragraph e,
34subparagraph (17), Code 2023, is amended to read as follows:
35(17) To the department of inspections, and appeals, and
-1134-1licensing for purposes of record checks of applicants for
2employment with the department of inspections, and appeals, and
3licensing.
4 Sec. 1936. Section 235A.16, subsection 2, paragraph b, Code
52023, is amended to read as follows:
6b. The department of inspections, and appeals, and licensing
7 may provide access to the single contact repository established
8under section 135C.33, subsection 7, for criminal and abuse
9history checks made by those employers, agencies, and other
10persons that are authorized access to child abuse information
11under section 235A.15 and are required by law to perform such
12checks.
13 Sec. 1937. Section 235B.1, subsection 4, paragraph a,
14subparagraph (1), Code 2023, is amended to read as follows:
15(1) Advise the director of human services, the director
16of the department on aging, the director of inspections, and
17 appeals, and licensing, the director of public health, the
18director of the department of corrections, and the director of
19human rights regarding dependent adult abuse.
20 Sec. 1938. Section 235B.1, subsection 4, paragraph b,
21subparagraph (1), Code 2023, is amended to read as follows:
22(1) The advisory council shall consist of twelve members.
23Eight members shall be appointed by and serve at the pleasure
24of the governor. Four of the members appointed shall be
25appointed on the basis of knowledge and skill related to
26expertise in the area of dependent adult abuse including
27professionals practicing in the disciplines of medicine, public
28health, mental health, long-term care, social work, law,
29and law enforcement. Two of the members appointed shall be
30members of the general public with an interest in the area of
31dependent adult abuse and two of the members appointed shall
32be members of the Iowa caregivers association. In addition,
33the membership of the council shall include the director or the
34director’s designee of the department of human services, the
35department on aging, the Iowa department of public health, and
-1135-1the department of inspections, and appeals, and licensing.
2 Sec. 1939. Section 235B.3, subsection 1, paragraph a,
3subparagraphs (2), (3), and (4), Code 2023, are amended to read
4as follows:
5(2) However, the department of inspections, and appeals,
6and licensing is solely responsible for the evaluation and
7disposition of dependent adult abuse cases within facilities
8and programs pursuant to chapter 235E and shall inform
9the department of human services of such evaluations and
10dispositions pursuant to section 235E.2.
11(3) If, in the course of an assessment or evaluation
12of a report of dependent adult abuse, the department of
13human services or the department of inspections and appeals
14 determines the case involves wages, workplace safety, or
15other labor and employment matters under the jurisdiction of
16the department of inspections, appeals, and licensing or the
17 division of labor services of the department of workforce
18development inspections, appeals, and licensing, the relevant
19portions of the case shall be referred to the department
20of inspections, appeals, and licensing or the division, as
21applicable.
22(4) If, in the course of an assessment or evaluation of
23a report of dependent adult abuse, the department of human
24services or the department of inspections, and appeals, and
25licensing determines that the case involves discrimination
26under the jurisdiction of the civil rights commission,
27the relevant portions of the case shall be referred to the
28commission.
29 Sec. 1940. Section 235B.3, subsection 10, paragraph a, Code
302023, is amended to read as follows:
31a. If, upon completion of the evaluation or upon referral
32from the department of inspections, and appeals, and
33licensing, the department determines that the best interests
34of the dependent adult require court action, the department
35shall initiate action for the appointment of a guardian or
-1136-1conservator or for admission or commitment to an appropriate
2institution or facility pursuant to the applicable procedures
3under chapter 125, 222, 229, or 633, or shall pursue other
4remedies provided by law. The appropriate county attorney
5shall assist the department in the preparation of the necessary
6papers to initiate the action and shall appear and represent
7the department at all district court proceedings.
8 Sec. 1941. Section 235B.3, subsection 14, Code 2023, is
9amended to read as follows:
1014. The department of inspections, and appeals, and
11licensing shall adopt rules which require facilities or
12programs to separate an alleged dependent adult abuser from a
13victim following an allegation of perpetration of abuse and
14prior to the completion of an investigation of the allegation.
15 Sec. 1942. Section 235B.5, subsection 5, Code 2023, is
16amended to read as follows:
175. An oral report of suspected dependent adult abuse
18initially made to the central registry regarding a facility or
19program as defined in section 235E.1 shall be transmitted by
20the department to the department of inspections, and appeals,
21and licensing on the first working day following the submitting
22of the report.
23 Sec. 1943. Section 235B.6, subsection 2, paragraph e,
24subparagraph (9), Code 2023, is amended to read as follows:
25(9) The department of inspections, and appeals, and
26licensing for purposes of record checks of applicants for
27employment with the department of inspections, and appeals, and
28licensing.
29 Sec. 1944. Section 235B.7, subsection 2, paragraph b, Code
302023, is amended to read as follows:
31b. The department of inspections, and appeals, and licensing
32 may provide access to the single contact repository established
33under section 135C.33, subsection 7, for criminal and abuse
34history checks made by those employers, agencies, and other
35persons that are authorized access to dependent adult abuse
-1137-1information under section 235B.6 and are required by law to
2perform such checks.
3 Sec. 1945. Section 235B.16, subsections 2 and 4, Code 2023,
4are amended to read as follows:
52. The department, in cooperation with the department
6on aging and the department of inspections, and appeals, and
7licensing, shall institute a program of education and training
8for persons, including members of provider groups and family
9members, who may come in contact with dependent adult abuse.
10The program shall include but is not limited to instruction
11regarding recognition of dependent adult abuse and the
12procedure for the reporting of suspected abuse.
134. The department of inspections, and appeals, and
14licensing shall provide training to investigators regarding
15the collection and preservation of evidence in the case of
16suspected dependent adult abuse.
17 Sec. 1946. Section 235B.16A, subsection 4, Code 2023, is
18amended to read as follows:
194. The department of human services shall cooperate with
20the department on aging, the departments of inspections, and
21 appeals, and licensing, public health, public safety, and
22workforce development, the civil rights commission, and other
23state and local agencies performing inspections or otherwise
24visiting residential settings where dependent adults live,
25to regularly provide training to the appropriate staff in
26the agencies concerning each agency’s procedures involving
27dependent adults, and to build awareness concerning dependent
28adults and reporting of dependent adult abuse.
29 Sec. 1947. Section 235E.1, subsection 3, Code 2023, is
30amended to read as follows:
313. “Department” means the department of inspections, and
32 appeals, and licensing.
33 Sec. 1948. Section 235E.2, subsection 5, Code 2023, is
34amended to read as follows:
355. Any other person who believes that a dependent adult
-1138-1has suffered dependent adult abuse may report the suspected
2dependent adult abuse to the department of inspections, and
3 appeals, and licensing. The department of inspections, and
4 appeals, and licensing shall transfer any reports received
5of dependent adult abuse in the community to the department
6of human services. The department of human services shall
7transfer any reports received of dependent adult abuse in
8facilities or programs to the department of inspections, and
9 appeals, and licensing.
10 Sec. 1949. Section 235F.6, subsection 4, Code 2023, is
11amended to read as follows:
124. The court may approve a consent agreement between the
13parties entered into to bring about the cessation of elder
14abuse. A consent agreement approved under this section shall
15not contain any of the following:
16a. A provision that prohibits any party to the action
17from contacting or cooperating with any government agency
18including the department of human services, the department of
19inspections, and appeals, and licensing, the department on
20aging, the department of justice, law enforcement, and the
21office of long-term care ombudsman; a licensing or regulatory
22agency that has jurisdiction over any license or certification
23held by the defendant; a protection and advocacy agency
24recognized in section 135C.2; or the defendant’s current
25employer if the defendant’s professional responsibilities
26include contact with vulnerable elders, dependent adults, or
27minors, if the party contacting or cooperating has a good-faith
28belief that the information is relevant to the duties or
29responsibilities of the entity.
30b. A provision that prohibits any party to the action
31from filing a complaint with or reporting a violation of law
32to any government agency including the department of human
33services, the department of inspections, and appeals, and
34licensing, the department on aging, the department of justice,
35law enforcement, and the office of long-term care ombudsman; a
-1139-1licensing or regulatory agency that has jurisdiction over any
2license or certification held by the defendant; a protection
3and advocacy agency recognized in section 135C.2; or the
4defendant’s current employer.
5c. A provision that requires any party to the action
6to withdraw a complaint filed with or a violation reported
7to any government agency including the department of human
8services, the department of inspections, and appeals, and
9licensing, the department on aging, the department of justice,
10law enforcement, and the office of long-term care ombudsman; a
11licensing or regulatory agency that has jurisdiction over any
12license or certification held by the defendant; a protection
13and advocacy agency recognized in section 135C.2; or the
14defendant’s current employer.
15 Sec. 1950. Section 237.7, Code 2023, is amended to read as
16follows:
17237.7 Reports and inspections.
18The administrator may require submission of reports by a
19licensee, and shall cause at least one annual unannounced
20inspection of each facility to assess the quality of the
21living situation and to determine compliance with applicable
22requirements and standards. The inspections shall be conducted
23by the department of inspections, and appeals, and licensing.
24The director of the department of inspections, and appeals, and
25licensing may examine records of a licensee, including but not
26limited to corporate records and board minutes, and may inquire
27into matters concerning a licensee and its employees relating
28to requirements and standards for child foster care under this
29chapter.
30 Sec. 1951. Section 237A.1, subsection 3, paragraph d, Code
312023, is amended to read as follows:
32d. A child care center for sick children operated as part
33of a pediatrics unit in a hospital licensed by the department
34of inspections, and appeals, and licensing pursuant to chapter
35135B.
-1140-1 Sec. 1952. Section 237A.8, Code 2023, is amended to read as
2follows:
3237A.8 Violations — actions against license or registration.
4The administrator, after notice and opportunity for an
5evidentiary hearing before the department of inspections, and
6 appeals, and licensing, may suspend or revoke a license or
7certificate of registration issued under this chapter or may
8reduce a license to a provisional license if the person to whom
9a license or certificate is issued violates a provision of this
10chapter or if the person makes false reports regarding the
11operation of the child care facility to the administrator or a
12designee of the administrator. The administrator shall notify
13the parent, guardian, or legal custodian of each child for whom
14the person provides child care at the time of action to suspend
15or revoke a license or certificate of registration.
16 Sec. 1953. Section 237A.29, subsection 2, paragraph b,
17unnumbered paragraph 1, Code 2023, is amended to read as
18follows:
19A child care provider that has been found by the department
20of inspections, and appeals, and licensing in an administrative
21proceeding or in a judicial proceeding to have obtained, or has
22agreed to entry of a civil judgment or judgment by confession
23that includes a conclusion of law that the child care provider
24has obtained, by fraudulent means, public funding for provision
25of child care in an amount equal to or in excess of the minimum
26amount for a fraudulent practice in the second degree under
27section 714.10, subsection 1, paragraph “a”, shall be subject
28to sanction in accordance with this subsection. Such child
29care provider shall be subject to a period during which receipt
30of public funding for provision of child care is conditioned
31upon no further violations and to one or more of the following
32sanctions as determined by the department of human services:
33 Sec. 1954. Section 237C.3, subsection 1, Code 2023, is
34amended to read as follows:
351. The department of human services shall consult with
-1141-1the department of education, the department of inspections,
2 and appeals, and licensing, the department of public health,
3the state fire marshal, and other agencies as determined by
4the department of human services to establish certification
5standards for children’s residential facilities in accordance
6with this chapter.
7 Sec. 1955. Section 237C.8, Code 2023, is amended to read as
8follows:
9237C.8 Reports and inspections.
10The administrator may require submission of reports by a
11certificate of approval holder and shall cause at least one
12annual unannounced inspection of a children’s residential
13facility to assess compliance with applicable requirements
14and standards. The inspections shall be conducted by the
15department of inspections, and appeals, and licensing in
16addition to initial, renewal, and other inspections that result
17from complaints or self-reported incidents. The department of
18inspections, and appeals, and licensing and the department of
19human services may examine records of a children’s residential
20facility and may inquire into matters concerning the children’s
21residential facility and its employees, volunteers, and
22subcontractors relating to requirements and standards for
23children’s residential facilities under this chapter.
24 Sec. 1956. Section 238.19, Code 2023, is amended to read as
25follows:
26238.19 Inspection generally.
27Authorized employees of the department of inspections, and
28 appeals, and licensing may inspect the premises and conditions
29of the agency at any time and examine every part of the agency;
30and may inquire into all matters concerning the agency and the
31children in the care of the agency.
32 Sec. 1957. Section 238.20, Code 2023, is amended to read as
33follows:
34238.20 Minimum inspection — record.
35Authorized employees of the department of inspections, and
-1142-1 appeals, and licensing shall visit and inspect the premises
2of licensed child-placing agencies at least once every twelve
3months and make and preserve written reports of the conditions
4found.
5 Sec. 1958. Section 239B.16, Code 2023, is amended to read
6as follows:
7239B.16 Appeal — judicial review.
8If an applicant’s application is not acted upon within a
9reasonable time, if it is denied in whole or in part, or if a
10participant’s assistance or other benefits under this chapter
11are modified, suspended, or canceled under a provision of
12this chapter, the applicant or participant may appeal to the
13department of human services which shall request the department
14of inspections, and appeals, and licensing to conduct a
15hearing. Upon completion of a hearing, the department of
16inspections, and appeals, and licensing shall issue a decision
17which is subject to review by the department of human services.
18Judicial review of the actions of the department of human
19services may be sought in accordance with chapter 17A. Upon
20receipt of a notice of the filing of a petition for judicial
21review, the department of human services shall furnish the
22petitioner with a copy of any papers filed in support of the
23petitioner’s position, a transcript of any testimony taken, and
24a copy of the department’s decision.
25 Sec. 1959. Section 249.5, Code 2023, is amended to read as
26follows:
27249.5 Judicial review.
28If an application is not acted upon within a reasonable
29time, if it is denied in whole or in part, or if an award
30of assistance is modified, suspended, or canceled under a
31provision of this chapter, the applicant or recipient may
32appeal to the department of human services, which shall request
33the department of inspections, and appeals, and licensing
34 to conduct a hearing. Upon completion of a hearing, the
35department of inspections, and appeals, and licensing shall
-1143-1issue a decision which is subject to review by the department
2of human services. Judicial review of the actions of the
3department of human services may be sought in accordance with
4chapter 17A. Upon receipt of the petition for judicial review,
5the department of human services shall furnish the petitioner
6with a copy of any papers filed by the petitioner in support of
7the petitioner’s position, a transcript of any testimony taken,
8and a copy of the department’s decision.
9 Sec. 1960. Section 249.11, subsection 2, Code 2023, is
10amended to read as follows:
112. The department of inspections, and appeals, and
12licensing shall conduct investigations and audits as deemed
13necessary to ensure compliance with state supplementary
14assistance programs administered under this chapter. The
15department of inspections, and appeals, and licensing shall
16cooperate with the department of human services on the
17development of procedures relating to such investigations and
18audits to ensure compliance with federal and state single state
19agency requirements.
20 Sec. 1961. Section 249A.4, subsection 11, Code 2023, is
21amended to read as follows:
2211. Shall provide an opportunity for a fair hearing before
23the department of inspections, and appeals, and licensing
24 to an individual whose claim for medical assistance under
25this chapter is denied or is not acted upon with reasonable
26promptness. Upon completion of a hearing, the department of
27inspections, and appeals, and licensing shall issue a decision
28which is subject to review by the department of human services.
29Judicial review of the decisions of the department of human
30services may be sought in accordance with chapter 17A. If
31a petition for judicial review is filed, the department of
32human services shall furnish the petitioner with a copy of
33the application and all supporting papers, a transcript of
34the testimony taken at the hearing, if any, and a copy of its
35decision.
-1144-1 Sec. 1962. Section 249A.50, subsection 2, Code 2023, is
2amended to read as follows:
32. The department of inspections, and appeals, and
4licensing shall conduct investigations and audits as deemed
5necessary to ensure compliance with the medical assistance
6program administered under this chapter. The department
7of inspections, and appeals, and licensing shall cooperate
8with the department of human services on the development of
9procedures relating to such investigations and audits to
10ensure compliance with federal and state single state agency
11requirements.
12 Sec. 1963. Section 249A.50, subsection 3, paragraph a, Code
132023, is amended to read as follows:
14a. A Medicaid fraud fund is created in the state treasury
15under the authority of the department of inspections, and
16 appeals, and licensing. Moneys from penalties, investigative
17costs recouped by the Medicaid fraud control unit, and other
18amounts received as a result of prosecutions involving
19the department of inspections, and appeals, and licensing
20 investigations and audits to ensure compliance with the medical
21assistance program that are not credited to the program shall
22be credited to the fund.
23 Sec. 1964. Section 321.11, subsections 3 and 4, Code 2023,
24are amended to read as follows:
253. Notwithstanding other provisions of this section to the
26contrary, the department shall not release personal information
27to a person, other than to an officer or employee of a law
28enforcement agency, an employee of a federal or state agency
29or political subdivision in the performance of the employee’s
30official duties, a contract employee of the department of
31inspections, and appeals, and licensing in the conduct of an
32investigation, or a licensed private investigation agency
33or a licensed security service or a licensed employee of
34either, if the information is requested by the presentation
35of a registration plate number. In addition, an officer or
-1145-1employee of a law enforcement agency may release the name,
2address, and telephone number of a motor vehicle registrant to
3a person requesting the information by the presentation of a
4registration plate number if the officer or employee of the law
5enforcement agency believes that the release of the information
6is necessary in the performance of the officer’s or employee’s
7duties.
84. The department shall not release personal information
9that is in the form of a person’s photograph or digital
10image or a digital reproduction of a person’s photograph to a
11person other than an officer or employee of a law enforcement
12agency, an employee of a federal or state agency or political
13subdivision in the performance of the employee’s official
14duties, a contract employee of the department of inspections,
15 and appeals, and licensing in the conduct of an investigation,
16or a licensed private investigation agency or a licensed
17security service or a licensed employee of either, regardless
18of whether a person has provided express written consent to
19disclosure of the information. The department may collect
20reasonable fees for copies of records or other services
21provided pursuant to this section or section 22.3, 321.10, or
22622.46.
23 Sec. 1965. Section 321.19, subsection 1, paragraph c,
24subparagraph (3), Code 2023, is amended to read as follows:
25(3) Persons in the department of justice, the alcoholic
26beverages division of the department of commerce, disease
27investigators of the Iowa department of public health, the
28department of inspections, and appeals, and licensing, and the
29department of revenue, who are regularly assigned to conduct
30investigations which cannot reasonably be conducted with a
31vehicle displaying “official” state registration plates.
32 Sec. 1966. Section 321.211, subsection 1, Code 2023, is
33amended to read as follows:
341. Upon suspending the license of a person as authorized,
35the department shall immediately notify the licensee in writing
-1146-1and upon the licensee’s request shall afford the licensee an
2opportunity for a hearing before the department of inspections,
3 and appeals, and licensing as early as practical within
4thirty days after receipt of the request. The hearing shall
5be held by telephone conference unless the licensee and the
6department of inspections, and appeals, and licensing agree to
7hold the hearing in the county in which the licensee resides
8or in some other county. Upon the hearing the department of
9inspections, and appeals, and licensing may administer oaths
10and issue subpoenas for the attendance of witnesses and the
11production of relevant books and papers and may require a
12reexamination of the licensee. Upon the hearing and issuance
13of a recommendation by the department of inspections, and
14 appeals, and licensing, the state department of transportation
15shall either rescind its order of suspension or for good cause
16may extend the suspension of the license or revoke the license.
17This section does not preclude the director from attempting to
18effect an informal settlement under chapter 17A.
19 Sec. 1967. Section 322.9, subsection 1, Code 2023, is
20amended to read as follows:
211. The department may revoke or suspend the license of a
22retail motor vehicle dealer if, after notice and hearing by the
23department of inspections, and appeals, and licensing, it finds
24that the licensee has been guilty of an act which would be a
25ground for the denial of a license under section 322.6.
26 Sec. 1968. Section 322.9, subsection 2, unnumbered
27paragraph 1, Code 2023, is amended to read as follows:
28The department may revoke or suspend the license of a retail
29motor vehicle dealer if, after notice and hearing by the
30department of inspections, and appeals, and licensing, it finds
31that the licensee has been convicted or has forfeited bail on
32three charges of:
33 Sec. 1969. Section 322.24, subsection 1, Code 2023, is
34amended to read as follows:
351. The state department of transportation and the
-1147-1department of inspections, and appeals, and licensing may
2issue subpoenas to compel the attendance of witnesses and the
3production of documents, papers, books, records, and other
4evidence in any matter over which the respective department
5has jurisdiction, control, or supervision pertaining to this
6chapter.
7 Sec. 1970. Section 322A.3A, subsection 4, paragraph b, Code
82023, is amended to read as follows:
9b. After a hearing held as described in this subsection,
10the department of inspections, and appeals, and licensing
11 may affirm, deny, or modify the proposed alteration of a
12franchisee’s community, may enter any other orders necessary
13to ensure that an alteration of the franchisee’s community is
14reasonable in light of all the relevant circumstances, and
15may assess the costs of the hearing among the parties to the
16hearing as appropriate.
17 Sec. 1971. Section 322A.5, subsection 2, paragraph b,
18subparagraph (3), subparagraph division (b), Code 2023, is
19amended to read as follows:
20(b) Within thirty days of receiving the franchisee’s
21submission, the franchiser may choose to audit the submitted
22orders. The franchiser shall then approve or deny the
23establishment of the franchisee’s average percentage markup
24or labor rate. If the franchiser approves the establishment
25of the franchisee’s average percentage markup or labor rate,
26the markup or rate calculated under this subparagraph shall go
27into effect forty-five days after the date of the franchiser’s
28approval. If the franchiser denies the establishment of the
29franchisee’s average percentage markup or labor rate, the
30franchisee may file a complaint with the department and a
31hearing shall be held before the department of inspections,
32 and appeals, and licensing. The franchiser shall have the
33burden of proof to establish that the franchiser’s denial was
34reasonable. If the department of inspections, and appeals,
35and licensing finds the denial was not reasonable, the denial
-1148-1shall be deemed a violation of this chapter and the department
2of inspections, and appeals, and licensing shall determine
3the franchisee’s average percentage markup or labor rate for
4purposes of calculating a reasonable schedule of compensation.
5In making such a determination, the department of inspections,
6 and appeals, and licensing shall not consider retail service
7orders or portions of retail service orders attributable to
8routine maintenance such as tire service or oil service.
9 Sec. 1972. Section 322A.6, subsection 2, Code 2023, is
10amended to read as follows:
112. An applicant seeking permission to enter into a franchise
12for additional representation of the same line-make in a
13community shall deposit with the department at the time the
14application is filed, an amount of money to be determined by
15the department of inspections, and appeals, and licensing to
16pay the costs of the hearing.
17 Sec. 1973. Section 322A.7, subsection 1, Code 2023, is
18amended to read as follows:
191. Upon receiving an application, the department shall
20notify the department of inspections, and appeals, and
21licensing which shall enter an order fixing a time, which
22shall be within ninety days of the date of the order, and
23place of hearing, and shall send by certified or registered
24mail, with return receipt requested, a copy of the order
25to the franchisee whose franchise the franchiser seeks to
26terminate or not continue, or to the franchiser who is seeking
27to alter a franchisee’s community, as applicable. If the
28application requests permission to establish an additional
29motor vehicle dealership, a copy of the order shall be sent to
30all franchisees in the community who are then engaged in the
31business of offering to sell or selling the same line-make. If
32the application challenges the reasonableness of a proposed
33alteration to a franchisee’s community, a copy of the order
34shall be sent to all franchisees located in Iowa surrounding
35the affected community which are then engaged in the business
-1149-1of offering to sell or selling the same line-make. Copies of
2orders shall be addressed to the franchisee at the place where
3the business is conducted. The department of inspections, and
4 appeals, and licensing may also give notice of the franchiser’s
5application to any other parties deemed interested persons, the
6notice to be in the form and substance and given in the manner
7the department of inspections, and appeals, and licensing deems
8appropriate.
9 Sec. 1974. Section 322A.8, Code 2023, is amended to read as
10follows:
11322A.8 Continuation.
12If the department of inspections, and appeals, and licensing
13 finds it desirable it may upon request continue the date of
14hearing for a period of ninety days, and may upon application,
15but not ex parte, continue the date of hearing for an
16additional period of ninety days.
17 Sec. 1975. Section 322A.9, subsection 2, Code 2023, is
18amended to read as follows:
192. Nothing contained in this chapter shall be construed to
20require or authorize any investigation by the department of any
21matter before the department under this chapter. Upon hearing,
22the department of inspections, and appeals, and licensing shall
23hear the evidence introduced by the parties and shall make its
24decision solely upon the record so made.
25 Sec. 1976. Section 322A.10, Code 2023, is amended to read
26as follows:
27322A.10 Rules of evidence.
281. The rules of civil procedure relating to discovery and
29inspection shall apply to hearings held under the provisions of
30this chapter, and the department of inspections, and appeals,
31and licensing may issue orders to give effect to such rules.
322. In the event issues are raised which would involve
33violations of any state or federal antitrust or price-fixing
34law, all discovery and inspection proceedings which would be
35available under such issues in a state or federal court action
-1150-1shall be available to the parties to the hearing, and the
2department of inspections, and appeals, and licensing may issue
3orders to give effect to such proceedings.
43. Evidence which would be admissible under the issues in a
5state or federal court action is admissible in a hearing held
6by the department of inspections, and appeals, and licensing.
7The department of inspections, and appeals, and licensing shall
8apportion all costs between the parties.
9 Sec. 1977. Section 322A.13, Code 2023, is amended to read
10as follows:
11322A.13 Compulsory attendance at hearings.
12The department of inspections, and appeals, and licensing
13 may issue subpoenas, administer oaths, compel the attendance of
14witnesses and production of books, papers, documents, and all
15other evidence. The department of inspections, and appeals,
16and licensing may apply to the district court of the county
17wherein the hearing is being held for a court order enforcing
18this section.
19 Sec. 1978. Section 322A.15, subsection 1, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21In determining whether good cause has been established for
22terminating or not continuing a franchise, the department
23of inspections, and appeals, and licensing shall take into
24consideration the existing circumstances, including, but not
25limited to:
26 Sec. 1979. Section 322A.15, subsection 1, paragraphs g and
27h, Code 2023, are amended to read as follows:
28g. Except as provided in section 322A.11, failure by the
29franchisee to substantially comply with those requirements
30of the franchise which are determined by the department of
31inspections, and appeals, and licensing to be reasonable and
32material.
33h. Except as provided in section 322A.11, bad faith by the
34franchisee in complying with those terms of the franchise which
35are determined by the department of inspections, and appeals,
-1151-1and licensing to be reasonable and material.
2 Sec. 1980. Section 322A.16, unnumbered paragraph 1, Code
32023, is amended to read as follows:
4In determining whether good cause has been established for
5entering into an additional franchise for the same line-make,
6the department of inspections, and appeals, and licensing shall
7take into consideration the existing circumstances, including,
8but not limited to:
9 Sec. 1981. Section 322A.17, subsection 1, Code 2023, is
10amended to read as follows:
111. A decision of the department of inspections, and appeals,
12and licensing is subject to review by the state department of
13transportation, whose decision is final agency action for the
14purpose of judicial review.
15 Sec. 1982. Section 322C.6, unnumbered paragraph 1, Code
162023, is amended to read as follows:
17A license issued under section 322C.4 or 322C.9 may be
18denied, revoked, or suspended, after opportunity for a
19hearing before the department of inspections, and appeals, and
20licensing in accordance with chapters 10A and 17A, if it is
21determined that the licensee or applicant has done any of the
22following:
23 Sec. 1983. Section 323.1, subsection 4, Code 2023, is
24amended to read as follows:
254. “Department” means the department of inspections, and
26 appeals, and licensing.
27 Sec. 1984. Section 324A.5, subsection 2, paragraph c, Code
282023, is amended to read as follows:
29c. The department of inspections, and appeals, and licensing
30 shall establish an appeal process pursuant to chapters 10A and
3117A which allows those agencies or organizations determined
32to not be in compliance with this chapter an opportunity for
33a timely hearing before the department of inspections, and
34 appeals, and licensing. A decision by the department of
35inspections, and appeals, and licensing is subject to review by
-1152-1the state department of transportation. The state department
2of transportation’s decision is the final agency action.
3Judicial review of the action of the department may be sought
4in accordance with chapter 17A.
5 Sec. 1985. Section 327C.8, Code 2023, is amended to read as
6follows:
7327C.8 Objections — hearing.
8A person directly affected by the proposed discontinuance
9of an agency may file written objections with the department
10stating the grounds for the objections, within fifteen days
11from the time of the publication of the notice as provided in
12section 327C.7. Upon the filing of objections the department
13shall request the department of inspections, and appeals, and
14licensing to hold a hearing, which shall be held within sixty
15days from the filing of the objections. Written notice of the
16time and place of the hearing shall be mailed by the department
17of inspections, and appeals, and licensing to the railroad
18corporation and the person filing objections at least ten days
19prior to the date fixed for the hearing.
20 Sec. 1986. Section 327C.12, Code 2023, is amended to read
21as follows:
22327C.12 Aid from courts.
23The department or the department of inspections, and
24 appeals, and licensing may invoke the aid of any court of
25record in the state in requiring the attendance and testimony
26of witnesses and the production of books, papers, tariff
27schedules, agreements, and other documents. If a person
28refuses to obey a subpoena or other process, a court having
29jurisdiction of the inquiry shall issue an order requiring any
30of the officers, agents, or employees of a carrier or other
31person to appear before either department and produce all books
32and papers required by the order and testify in relation to any
33matter under investigation.
34 Sec. 1987. Section 327C.17, Code 2023, is amended to read
35as follows:
-1153- 1327C.17 Penalty.
2If a railroad fails or refuses to comply with a rule or
3order made by the state department of transportation or the
4department of inspections, and appeals, and licensing within
5the time specified, the railroad is, for each day of such
6failure, subject to a schedule “two” penalty.
7 Sec. 1988. Section 327C.19, subsection 1, Code 2023, is
8amended to read as follows:
91. A decision of the department of inspections, and appeals,
10and licensing is subject to review by the state department of
11transportation.
12 Sec. 1989. Section 327C.20, Code 2023, is amended to read
13as follows:
14327C.20 Remitting penalty.
15If a common carrier fails in a judicial review proceeding
16to secure a vacation of the order objected to, it may apply to
17the court in which the review proceeding is finally adjudicated
18for an order remitting the penalty which has accrued during
19the review proceeding. Upon a satisfactory showing that the
20petition for judicial review was filed in good faith and not
21for the purpose of delay, and that there were reasonable
22grounds to believe that the order was unreasonable or unjust
23or that the power of the department of transportation or the
24department of inspections, and appeals, and licensing to make
25the order was doubtful, the court may remit the penalty that
26has accrued during the review proceeding.
27 Sec. 1990. Section 327C.25, Code 2023, is amended to read
28as follows:
29327C.25 Complaints.
30A person may file with the department a petition setting
31forth any particular in which a common carrier has violated the
32law to which it is subject and the amount of damages sustained
33by reason of the violation. The department shall furnish a
34copy of the complaint to the carrier against which a complaint
35is filed. The department shall request the department
-1154-1of inspections, and appeals, and licensing to schedule a
2hearing in which the carrier shall answer the petition or
3satisfy the demands of the complaint. If the carrier fails
4to satisfy the complaint within the time fixed or there
5appears to be reasonable grounds for investigating the matters
6set forth in the petition, the department of inspections,
7 and appeals, and licensing shall hear and determine the
8questions involved and make orders it finds proper. If the
9department of transportation has reason to believe that a
10carrier is violating any of the laws to which it is subject,
11the department may institute an investigation and request
12the department of inspections, and appeals, and licensing to
13conduct a hearing in relation to the matters as if a petition
14had been filed.
15 Sec. 1991. Section 327C.26, Code 2023, is amended to read
16as follows:
17327C.26 Reports.
18When a hearing has been held before the department of
19inspections, and appeals, and licensing after notice, it shall
20make a report in writing setting forth the findings of fact
21and its conclusions together with its recommendations as to
22what reparation, if any, the offending carrier shall make to a
23party who has suffered damage. The findings of fact are prima
24facie evidence in all further legal proceedings of every fact
25found. All reports of hearings and investigations made by the
26department of inspections, and appeals, and licensing shall be
27entered of record and a copy furnished to the carrier against
28which the complaint was filed, to the party complaining, and
29to any other person having a direct interest in the matter. A
30reasonable fee not to exceed the actual duplication costs may
31be charged for the copies.
32 Sec. 1992. Section 327C.28, Code 2023, is amended to read
33as follows:
34327C.28 Violation of order — petition — notice.
35If a person violates or fails to obey a lawful order
-1155-1or requirement of the department of transportation or the
2department of inspections, and appeals, and licensing, the
3department of transportation or the department of inspections,
4 and appeals, and licensing shall apply by petition in the
5name of the state against the person, to the district court,
6alleging the violation or failure to obey. The court shall
7hear and determine the matter set forth in the petition on
8reasonable notice to the person, to be fixed by the court and
9to be served in the same manner as an original notice for the
10commencement of action.
11 Sec. 1993. Section 327C.29, Code 2023, is amended to read
12as follows:
13327C.29 Interested party may begin proceedings.
14A person interested in enforcing an order or requirement
15of the department of transportation or the department of
16inspections, and appeals, and licensing, may file a petition
17against the violator, alleging the failure to comply with
18the order or requirement and asking for summary relief to
19the same extent and in the same manner as the department of
20transportation or the department of inspections, and appeals,
21and licensing may under section 327C.28, and the proceedings
22after the filing of the petition shall be the same as in
23section 327C.28.
24 Sec. 1994. Section 327D.4, Code 2023, is amended to read as
25follows:
26327D.4 Connections.
27If a railroad corporation in this state refuses to connect by
28proper switches or tracks with the tracks of another railroad
29corporation or refuses to receive, transport, load, discharge,
30reload, or return cars furnished by another connecting railroad
31corporation, a petition requesting resolution of the dispute
32may be filed with the department. The department shall notify
33the department of inspections, and appeals, and licensing
34 which shall hold a hearing on the dispute. Upon conclusion of
35the hearing, the department of inspections, and appeals, and
-1156-1licensing shall issue an order to resolve the dispute. The
2order may include the allocation of costs between the parties.
3The order is subject to review by the department which review
4shall be the final agency action.
5 Sec. 1995. Section 327D.53, Code 2023, is amended to read
6as follows:
7327D.53 Division of joint rates.
8Before the adoption of the rates, the department shall
9notify the railroad corporations interested in the schedule of
10joint rates fixed, and give them a reasonable time to agree
11upon a division of the charges provided. If the corporations
12fail to agree upon a division, and to notify the department
13of their agreement, the department shall, after a hearing
14conducted by the department of inspections, and appeals, and
15licensing, decide the rates, taking into consideration the
16value of terminal facilities and all the circumstances of
17the haul, and the division so determined by it is, in all
18controversies or actions between the railroad corporations
19interested, prima facie evidence of a just and reasonable
20division.
21 Sec. 1996. Section 327D.83, Code 2023, is amended to read
22as follows:
23327D.83 Rate hearing.
24If a schedule is filed with the department stating a rate,
25the department may, either upon complaint or upon its own
26motion, request the department of inspections, and appeals, and
27licensing to conduct a hearing concerning the propriety of the
28rate.
29 Sec. 1997. Section 327D.85, Code 2023, is amended to read
30as follows:
31327D.85 Rate proposal — review.
32At the hearing the department of inspections, and appeals,
33and licensing shall propose the rates on the schedule, in whole
34or in part, or others in lieu thereof, which the department
35of inspections, and appeals, and licensing finds are just and
-1157-1reasonable rates. The action of the department of inspections,
2 and appeals, and licensing is subject to review by the state
3department of transportation. The decision of the state
4department of transportation is the final agency action.
5 Sec. 1998. Section 327D.89, Code 2023, is amended to read
6as follows:
7327D.89 Complaint of violation.
8When a person complains to the department that the rate
9charged or published by a railway corporation, or the maximum
10rate fixed by law, is unreasonably high or discriminating,
11the department may investigate the matter, and request the
12department of inspections, and appeals, and licensing to
13conduct a hearing. The department of inspections, and appeals,
14and licensing shall give the parties notice of the time and
15place of the hearing.
16 Sec. 1999. Section 327D.90, Code 2023, is amended to read
17as follows:
18327D.90 Hearing — evidence.
19At the time of the hearing the department of inspections, and
20 appeals, and licensing shall receive any evidence and listen
21to any arguments presented by either party relevant to the
22matter under investigation, and the burden of proof is not
23upon the person making the complaint. The complainant shall
24add to the showing made at the hearing whatever information
25the complainant then has, or can obtain from any source.
26The department of inspections, and appeals, and licensing
27 shall propose just and reasonable rates, which may be adopted
28in whole or in part or modified as the state department of
29transportation determines.
30 Sec. 2000. Section 327D.128, Code 2023, is amended to read
31as follows:
32327D.128 Weighing — disagreement.
33If a railroad corporation and the owner, consignor,
34or consignee of car lots of bulk commodities cannot reach
35agreement relative to the weighing of the commodities, appeal
-1158-1may be made to the state department of transportation. The
2state department of transportation, after a hearing by the
3department of inspections, and appeals, and licensing, shall
4issue an order equitable to all parties including but not
5limited to allocation of costs and specification of the place
6and manner of weighing.
7 Sec. 2001. Section 327G.12, Code 2023, is amended to read
8as follows:
9327G.12 Overhead, underground, or more than one crossing.
10The owner of land may serve upon the railroad corporation
11a request in writing for more than one private crossing, or
12for an overhead or underground crossing, accompanied by a plat
13of the owner’s land designating the location and character
14of crossing desired. If the railroad corporation refuses or
15neglects to comply within thirty days of a written request,
16the owner of the land may make written application to the
17department to determine the owner’s rights. The department
18of inspections, and appeals, and licensing, after notice to
19the railroad corporation, shall hear the application and all
20objections to the application, and make an order which is
21reasonable and just, and if it requires the railroad company to
22construct any crossing or roadway, fix the time for compliance
23with the order and apportion the costs as appropriate. The
24order of the department of inspections, and appeals, and
25licensing is subject to review by the state department of
26transportation. The decision of the state department of
27transportation is the final agency action.
28 Sec. 2002. Section 327G.16, Code 2023, is amended to read
29as follows:
30327G.16 Disagreement — application — notice.
31If the persons specified in section 327G.15 cannot reach
32an agreement, either party may make written application to
33the department requesting resolution of the disagreement.
34The department shall request the department of inspections,
35 and appeals, and licensing to set a date for hearing. The
-1159-1department of inspections, and appeals, and licensing shall
2give ten days’ written notice of the hearing date.
3 Sec. 2003. Section 327G.17, Code 2023, is amended to read
4as follows:
5327G.17 Hearing — order.
61. The department of inspections, and appeals, and
7licensing shall hear the evidence of each party to the
8controversy and shall make an order, which may include,
9pursuant to chapters 6A and 6B, authority to condemn, resolving
10the controversy. The order shall include the portion of the
11expense to be paid by each party to the controversy. In
12determining what portion of the expense shall be paid by
13each party, the department of inspections, and appeals, and
14licensing may consider the ratio of the benefits accruing to
15the railroad or the governmental unit or both, to the general
16public use and benefit.
172. The order of the department of inspections, and appeals,
18and licensing is subject to review by the state department
19of transportation. The decision of the state department of
20transportation is the final agency action.
21 Sec. 2004. Section 327G.31, Code 2023, is amended to read
22as follows:
23327G.31 Disagreement resolved.
24If a railroad corporation and the jurisdiction having
25authority cannot reach agreement on grade crossing surface
26repair and maintenance, either party may appeal to the
27department of inspections, and appeals, and licensing if prior
28to disagreement both parties have filed a statement with the
29state department of transportation to the effect that they have
30entered into negotiations on grade crossing surface repair
31and maintenance of a particular crossing. The department of
32inspections, and appeals, and licensing shall resolve the
33dispute in the manner provided in sections 327G.16 and 327G.17,
34except for the allocation of costs.
35 Sec. 2005. Section 327G.32, subsections 3 and 4, Code 2023,
-1160-1are amended to read as follows:
23. Other portions of this section notwithstanding, a
3political subdivision may pass an ordinance regulating the
4length of time a specific crossing may be blocked if the
5political subdivision demonstrates that an ordinance is
6necessary for public safety or convenience. If an ordinance
7is passed, the political subdivision shall, within thirty days
8of the effective date of the ordinance, notify the department
9and the railroad corporation using the crossing affected by the
10ordinance. The ordinance does not become effective unless the
11department and the railroad corporation are notified within
12thirty days. The ordinance becomes effective thirty days
13after notification unless a person files an objection to the
14ordinance with the department. If an objection is filed the
15department shall notify the department of inspections, and
16 appeals, and licensing which shall hold a hearing. After
17a hearing by the department of inspections, and appeals,
18and licensing, the state department of transportation may
19disapprove the ordinance if public safety or convenience
20does not require the ordinance. The decision of the state
21department of transportation is final agency action. The
22ordinance approved by the political subdivision is prima facie
23evidence that the ordinance is adopted to preserve public
24safety or convenience.
254. The department of inspections, and appeals, and
26licensing when considering rebuttal evidence shall weigh the
27benefits accruing to the political subdivision as they affect
28the general public use compared to the burden placed on the
29railroad operation. Public safety or convenience may include,
30but is not limited to, high traffic density at a specific
31crossing of a main artery or interference with the flow of
32authorized emergency vehicles.
33 Sec. 2006. Section 327G.62, Code 2023, is amended to read
34as follows:
35327G.62 Controversies — hearing — order — review.
-1161- 1When a disagreement arises between a railroad corporation,
2its grantee, or its successor in interest, and the owner,
3lessee, or licensee of a building or other improvement,
4including trackage, used for receiving, storing, transporting,
5or manufacturing an article of commerce transported or to
6be transported, situated on a present or former railroad
7right-of-way or on land owned or controlled by the railroad
8corporation, its grantee, or its successor in interest, as
9to the terms and conditions on which the article is to be
10continued or removed, the railway corporation, its grantee, or
11its successor in interest, or the owner, lessee, or licensee
12may make written application to the department. The department
13shall notify the department of inspections, and appeals, and
14licensing which shall hear and determine the controversy and
15make an order which is just and equitable between the parties.
16That order is subject to review by the state department of
17transportation. The decision of the state department of
18transportation is final agency action.
19 Sec. 2007. Section 327G.65, Code 2023, is amended to read
20as follows:
21327G.65 Cost of construction.
22The railroad corporation may require the person primarily to
23be served to pay the legitimate cost and expense of acquiring,
24by condemnation or purchase, the necessary right-of-way for the
25spur track and of constructing it, as determined in separate
26items by the department. Except as provided in section
27327G.66, the total cost as ascertained by the department
28shall be deposited with the railroad corporation before it is
29required to incur expense. If an agreement cannot be reached,
30the question shall be referred to the department which may,
31after a hearing conducted by the department of inspections, and
32 appeals, and licensing, issue an order.
33 Sec. 2008. Section 327G.78, subsection 1, Code 2023, is
34amended to read as follows:
351. Subject to section 6A.16 and 327G.77, when a railroad
-1162-1corporation, its trustee, or its successor in interest has
2interests in real property adjacent to a railroad right-of-way
3that are abandoned by order of the surface transportation
4board, reorganization court, bankruptcy court, or the
5department, or when a railroad corporation, its trustee, or
6its successor in interest seeks to sell its interests in
7that property under any other circumstance, the railroad
8corporation, its trustee, or its successor in interest shall
9extend a written offer to sell at a fair market value price to
10the persons holding leases, licenses, or permits upon those
11properties, allowing sixty days from the time of receipt for a
12written response. If a disagreement arises between the parties
13concerning the price or other terms of the sale transaction,
14either or both parties may make written application to the
15department to resolve the disagreement. The application shall
16be made within sixty days from the time an initial written
17response is served upon the railroad corporation, trustee,
18or successor in interest by the person wishing to purchase
19the property. The department shall notify the department of
20inspections, and appeals, and licensing which shall hear the
21controversy and make a final determination of the fair market
22value of the property and the other terms of the transaction
23which were in dispute, within ninety days after the application
24is filed. The determination is subject to review by the
25department and the department’s decision is the final agency
26action. All correspondence shall be by certified mail.
27 Sec. 2009. Section 327G.79, subsections 1 and 2, Code 2023,
28are amended to read as follows:
291. The department of inspections and appeals’, appeals, and
30licensing’s determination and order shall be just and equitable
31and, in the case of the determination of the fair market value
32of the property, shall be based in part upon at least three
33independent appraisals prepared by certified appraisers. Each
34party shall select one appraiser and each appraisal shall be
35paid for by the party for whom the appraisal is prepared.
-1163-1The two appraisers shall select a third appraiser and the
2costs of this appraisal shall be divided equally between the
3parties. If the appraisers selected by the parties cannot
4agree on selection of a third appraiser, the state department
5of transportation shall appoint a third appraiser and the costs
6of this appraisal shall be divided equally between the parties.
72. The department of inspections and appeals’, appeals, and
8licensing’s determination and order is final for the purpose
9of administrative review to the district court as provided in
10chapter 17A. The district court’s scope of review shall be
11confined to whether there is substantial evidence to support
12the department of inspections and appeals’, appeals, and
13licensing’s determination and order.
14 Sec. 2010. Section 331.324, subsection 1, paragraph e, Code
152023, is amended to read as follows:
16e. Cooperate with the workers’ compensation commissioner and
17comply with requirements imposed upon counties under chapters
1886 chapter 10A, subchapter III, and chapter 87.
19 Sec. 2011. Section 331.394, subsection 5, paragraph c, Code
202023, is amended to read as follows:
21c. The county or region that received the notification,
22as applicable, shall respond to the party that provided
23the notification within forty-five days of receiving the
24notification. If the parties cannot agree to a settlement as
25to the person’s residency status within ninety days of the
26date of notification, on motion of any of the parties, the
27matter shall be referred to the department of inspections,
28 and appeals, and licensing for a contested case hearing under
29chapter 17A before an administrative law judge assigned in
30accordance with section 10A.801 to determine the person’s
31residency status.
32 Sec. 2012. Section 331.394, subsection 5, paragraph d,
33subparagraph (1), Code 2023, is amended to read as follows:
34(1) The administrative law judge’s determination of the
35person’s residency status shall be considered final agency
-1164-1action, notwithstanding contrary provisions of section 17A.15.
2The party that does not prevail in the determination or
3subsequent judicial review is liable for costs associated with
4the proceeding, including reimbursement of the department of
5inspections and appeals’, appeals, and licensing’s actual costs
6associated with the administrative proceeding. Judicial review
7of the determination may be sought in accordance with section
817A.19.
9 Sec. 2013. Section 331.394, subsection 6, paragraph c, Code
102023, is amended to read as follows:
11c. The department, county, or region that received the
12notification, as applicable, shall respond to the party
13that provided the notification within forty-five days of
14receiving the notification. If the parties cannot agree to a
15settlement as to the dispute within ninety days of the date of
16notification, on motion of any of the parties, the matter shall
17be referred to the department of inspections, and appeals, and
18licensing for a contested case hearing under chapter 17A before
19an administrative law judge assigned in accordance with section
2010A.801 to determine facts and issue a decision to resolve the
21dispute.
22 Sec. 2014. Section 331.394, subsection 6, paragraph d,
23subparagraph (1), Code 2023, is amended to read as follows:
24(1) The administrative law judge’s decision is a final
25agency action, notwithstanding contrary provisions of section
2617A.15. The party that does not prevail in the decision or
27subsequent judicial review is liable for costs associated with
28the proceeding, including reimbursement of the department of
29inspections and appeals’, appeals, and licensing’s actual
30costs associated with the administrative proceeding. Judicial
31review of the decision may be sought in accordance with section
3217A.19.
33 Sec. 2015. Section 331.653, subsection 10, Code 2023, is
34amended to read as follows:
3510. Cooperate with the division of labor services of the
-1165-1 department of workforce development inspections, appeals, and
2licensing in the enforcement of child labor laws as provided
3in section 92.22.
4 Sec. 2016. Section 331.756, subsections 16 and 55, Code
52023, are amended to read as follows:
616. Institute legal proceedings against persons who
7violate laws administered by the division of labor services
8of the department of workforce development under chapter 10A,
9subchapter II, as provided in section 91.11 10A.210.
1055. Make a written report to the department of inspections,
11 and appeals, and licensing within fifteen days of the end of
12each calendar quarter of the amount of funds which were owed to
13the state for indigent defense services and which were recouped
14pursuant to subsection 5.
15 Sec. 2017. Section 423.3, subsection 18, paragraph a, Code
162023, is amended to read as follows:
17a. Residential care facilities and intermediate care
18facilities for persons with an intellectual disability and
19residential care facilities for persons with mental illness
20licensed by the department of inspections, and appeals, and
21licensing under chapter 135C.
22 Sec. 2018. Section 425.28, subsection 4, Code 2023, is
23amended to read as follows:
244. In addition to the sharing of information under
25subsection 3, the department of human services may release
26information pertaining to a person’s eligibility or claim
27for or receipt of rent reimbursement to an employee of the
28department of inspections, and appeals, and licensing in the
29employee’s official conduct of an audit or investigation.
30 Sec. 2019. Section 453A.2, subsection 6, Code 2023, is
31amended to read as follows:
326. If a county or a city has not assessed a penalty pursuant
33to section 453A.22, subsection 2, for a violation of subsection
341, within sixty days of the adjudication of the violation,
35the matter shall be transferred to and be the exclusive
-1166-1responsibility of the alcoholic beverages division of the
2department of commerce. Following transfer of the matter, if
3the violation is contested, the alcoholic beverages division
4of the department of commerce shall request an administrative
5hearing before an administrative law judge, assigned by the
6division of administrative hearings of the department of
7inspections, and appeals, and licensing in accordance with
8the provisions of section 10A.801, to adjudicate the matter
9pursuant to chapter 17A.
10 Sec. 2020. Section 455B.135, Code 2023, is amended to read
11as follows:
12455B.135 Limit on authority.
13Nothing contained in this subchapter II or chapter 459,
14subchapter II, shall be deemed to grant to the department or
15the director any authority or jurisdiction with respect to
16air pollution existing solely within residences; or solely
17within commercial and industrial plants, works, or shops under
18the jurisdiction of chapters chapter 10A, subchapter II, and
19chapter 88 and 91; or to affect the relations between employers
20and employees with respect to, or arising out of, any condition
21of air pollution.
22 Sec. 2021. Section 455B.145, subsection 2, paragraphs b and
23c, Code 2023, are amended to read as follows:
24b. The director shall promptly investigate the application
25and approve or disapprove the application. The director may
26conduct a public hearing before action is taken to approve or
27disapprove. If the director disapproves issuing a certificate,
28the political subdivision may appeal the action to the
29department of inspections, and appeals, and licensing. At the
30hearing on appeal, the department of inspections, and appeals,
31and licensing shall decide whether the local program is
32substantially consistent with the provisions of this subchapter
33II, or rules adopted under this subchapter II, and whether the
34local program is being enforced. The burden of proof shall be
35upon the political subdivision.
-1167- 1c. If the director determines at any time that a local air
2pollution program is being conducted in a manner inconsistent
3with the substantive provisions of this subchapter II or the
4rules adopted under this subchapter II, the director shall
5notify the political subdivision, citing the deviations
6from the acceptable standards and the corrective measures
7to be completed within a reasonable amount of time. If the
8corrective measures are not implemented as prescribed, the
9director shall suspend in whole or in part the certificate of
10acceptance of such political subdivision and shall administer
11the regulatory provisions of this subchapter II in whole or in
12part within the political subdivision until the appropriate
13standards are met. Upon receipt of evidence that necessary
14corrective action has been taken, the director shall reinstate
15the suspended certificate of acceptance, and the political
16subdivision shall resume the administration of the local air
17pollution control program within its jurisdiction. In cases
18where the certificate of acceptance is suspended, the political
19subdivision may appeal the suspension to the department of
20inspections, and appeals, and licensing.
21 Sec. 2022. Section 455B.271, subsection 2, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23Subject to appeal to the department of inspections, and
24 appeals, and licensing, a permit may be modified or canceled by
25the director if any of the following occur:
26 Sec. 2023. Section 455B.390, subsection 1, Code 2023, is
27amended to read as follows:
281. Hazardous conditions existing solely within and which
29will probably continue to exist solely within commercial and
30industrial plants, works, or shops under the jurisdiction of
31chapters chapter 10A, subchapter II, and chapter 88 and 91.
32 Sec. 2024. Section 515B.5, subsection 2, paragraph h, Code
332023, is amended to read as follows:
34h. Request that all future payments of workers’ compensation
35weekly benefits, medical expenses, or other payments under
-1168- 1chapter 10A, subchapter III, chapter 85, 85A, 85B, 86, or 87
2be commuted to a present lump sum and upon the payment of
3which, either to the claimant or to a licensed insurer for
4purchase of an annuity or other periodic payment plan for the
5benefit of the claimant, the employer and the association shall
6be discharged from all further liability for the workers’
7compensation claim. Notwithstanding the provisions of
8section 85.45, any future payment of medical expenses, weekly
9compensation benefits, or other payment by the association
10under this chapter pursuant to chapter 10A, subchapter III,
11 chapter 85, 85A, 85B, 86, or 87, is deemed an undue expense,
12hardship, or inconvenience upon the employer for purposes of
13a full commutation pursuant to section 85.45, subsection 1,
14paragraph “b”, and the workers’ compensation commissioner shall
15fix the lump sum of the probable future medical expenses and
16weekly compensation benefits capitalized at their present value
17upon the basis of interest at the rate provided in section
18535.3 for court judgments and decrees.
19 Sec. 2025. Section 524.208, Code 2023, is amended to read
20as follows:
21524.208 Examiners and other employees.
22The superintendent may appoint examiners and other
23employees, including for the banking division’s internal
24information technology group, as the superintendent deems
25necessary to the proper discharge of the duties imposed upon
26the superintendent by the laws of this state. Pay plans shall
27be established for employees, other than clerical employees or
28employees of the professional licensing and regulation bureau
29of the banking division, who examine the accounts and affairs
30of state banks and who examine the accounts and affairs of
31other persons, subject to supervision and regulation by the
32superintendent, which are substantially equivalent to those
33paid by the federal deposit insurance corporation and other
34federal supervisory agencies in this area of the United States.
35 Sec. 2026. Section 524.211, subsection 5, Code 2023, is
-1169-1amended to read as follows:
25. An employee of the banking division, other than the
3superintendent or a member of the state banking council or one
4of the boards in the professional licensing and regulation
5bureau of the division, shall not perform any services for, and
6shall not be a shareholder, member, partner, owner, director,
7officer, or employee of, any enterprise, person, or affiliate
8subject to the regulatory purview of the banking division.
9 Sec. 2027. Section 542B.22, Code 2023, is amended to read
10as follows:
11542B.22 Procedure.
12Proceedings for any action under section 542B.21 shall be
13begun by filing with the board written charges against the
14accused. Upon the filing of charges the board may request
15the department of inspections, and appeals, and licensing to
16conduct an investigation into the charges. The department
17of inspections, and appeals, and licensing shall report its
18findings to the board, and the board shall designate a time
19and place for a hearing, and shall notify the accused of this
20action and furnish the accused a copy of all charges at least
21thirty days prior to the date of the hearing. The accused has
22the right to appear personally or by counsel, to cross-examine
23witnesses, and to produce witnesses in defense.
24 Sec. 2028. Section 543C.4, subsections 1 and 2, Code 2023,
25are amended to read as follows:
261. The commission may request the department of
27inspections, and appeals, and licensing to conduct an
28investigation and inspection to be made of any subdivided land
29proposed to be offered for sale or lease in this state pursuant
30to this chapter. The department of inspections, and appeals,
31and licensing shall make a report of its findings.
322. If an inspection is to be made of subdivided land
33situated outside of this state and offered for sale in this
34state, the inspection as authorized by subsection 1 shall
35be made by the department of inspections, and appeals,
-1170-1and licensing at the expense of the subdivider. After the
2application required by section 543C.2 is filed and after
3the filing fee required by section 543C.8 is received, the
4commission may decide whether an inspection pursuant to this
5subsection is to be made. If the commission requires an
6inspection, the department of inspections, and appeals, and
7licensing shall so notify the subdivider and the subdivider
8shall remit to the department an amount equivalent to the
9round trip cost of travel from this state to the location
10of the project, as estimated by the department and a further
11amount estimated to be necessary to cover the additional
12expenses of inspection but not to exceed fifty dollars a day
13for each day incurred in the inspection. The costs of any
14subsequent inspections deemed necessary shall be paid for by
15the subdivider. At the completion of an inspection trip the
16department shall furnish the subdivider a statement as to the
17costs of the inspection trip, and if the costs are less than
18the amount advanced by the subdivider to the department, the
19remaining balance shall be refunded to the subdivider.
20 Sec. 2029. Section 544B.16, Code 2023, is amended to read
21as follows:
22544B.16 Complaints — procedure.
23A person may file a complaint with the board against a
24professional landscape architect or the board may initiate
25a complaint. Unless the complaint is dismissed by the
26board as unfounded or trivial, the board may request the
27department of inspections, and appeals, and licensing to
28conduct an investigation into the complaint. The department
29of inspections, and appeals, and licensing shall report its
30findings to the board, and the board shall hold a hearing
31within sixty days after the date on which the complaint is
32filed. The board shall fix the time and place for such hearing
33and shall cause a copy of the complaint, together with a notice
34of the time and place fixed for the hearing, to be served on
35the accused at least thirty days before the date fixed for the
-1171-1hearing. Where personal service cannot be effected, service
2may be effected by publication. At such hearing, the accused
3shall have the right to appear personally or by counsel, to
4cross-examine witnesses against the accused, and to produce
5evidence and witnesses in defense. After the hearing, the
6board may suspend or revoke the certificate of licensure. The
7board may restore the certificate of licensure to any person
8whose certificate of licensure has been revoked. Application
9for the restoration of a certificate of licensure shall be made
10in such manner, form, and content as the board may prescribe.
11 Sec. 2030. Section 546.2, subsection 6, unnumbered
12paragraph 1, Code 2023, is amended to read as follows:
13Each division is responsible for policymaking and
14enforcement duties assigned to the division under the law.
15Except as provided in section 546.10, subsection 3:
16 Sec. 2031. Section 546.3, subsection 1, Code 2023, is
17amended to read as follows:
181. The banking division shall regulate and supervise banks
19under chapter 524, debt management licensees under chapter
20533A, money services under chapter 533C, delayed deposit
21services under chapter 533D, mortgage bankers and brokers
22under chapter 535B, regulated loan companies under chapter
23536, and industrial loan companies under chapter 536A, real
24estate appraisers under chapter 543D, and appraisal management
25companies under chapter 543E, and shall perform other duties
26assigned to the division by law. The division is headed by the
27superintendent of banking who is appointed pursuant to section
28524.201. The state banking council shall render advice within
29the division when requested by the superintendent.
30 Sec. 2032. Section 600.2, subsection 2, Code 2023, is
31amended to read as follows:
322. “Investigator” means a natural person who is certified or
33approved by the department of human services, after inspection
34by the department of inspections, and appeals, and licensing,
35as being capable of conducting an investigation under section
-1172-1600.8.
2 Sec. 2033. Section 600A.2, subsection 5, Code 2023, is
3amended to read as follows:
45. “Certified adoption investigator” means a person who is
5certified and approved by the department of human services,
6after inspection by the department of inspections, and appeals,
7and licensing, as being capable of conducting an investigation
8under section 600.8.
9 Sec. 2034. Section 626.29, Code 2023, is amended to read as
10follows:
11626.29 Distress warrant by director of revenue, director of
12inspections, and appeals, and licensing, or director of workforce
13development.
14In the service of a distress warrant issued by the director
15of revenue for the collection of taxes administered by or debts
16to be collected by the department of revenue, in the service of
17a distress warrant issued by the director of inspections, and
18 appeals, and licensing for the collection of overpayment debts
19owed to the department of human services, or in the service of
20a distress warrant issued by the director of the department of
21workforce development for the collection of employment security
22contributions, the property of the taxpayer or the employer in
23the possession of another, or debts due the taxpayer or the
24employer, may be reached by garnishment.
25 Sec. 2035. Section 626.30, Code 2023, is amended to read as
26follows:
27626.30 Expiration or return of distress warrant.
28Proceedings by garnishment under a distress warrant issued
29by the director of revenue or the director of inspections, and
30 appeals, and licensing shall not be affected by the expiration
31or return of the warrant.
32 Sec. 2036. Section 626.31, Code 2023, is amended to read as
33follows:
34626.31 Return of garnishment — action docketed — distress
35action.
-1173- 1Where parties have been garnished under a distress
2warrant issued by the director of revenue or the director of
3inspections, and appeals, and licensing, the officer shall make
4return thereof to the court in the county where the garnishee
5lives, if the garnishee lives in Iowa, otherwise in the county
6where the taxpayer resides, if the taxpayer lives in Iowa;
7and if neither the garnishee nor the taxpayer lives in Iowa,
8then to the district court in Polk county, Iowa; the officer
9shall make return in the same manner as a return is made on
10a garnishment made under a writ of execution so far as they
11relate to garnishments, and the clerk of the district court
12shall docket an action thereon without fee the same as if a
13judgment had been recovered against the taxpayer in the county
14where the return is made, an execution issued thereon, and
15garnishment made thereunder, and thereafter the proceedings
16shall conform to proceedings in garnishment under attachments
17as nearly as may be. The warrant shall be considered in all
18respects as a final judgment.
19 Sec. 2037. Section 626.76, Code 2023, is amended to read as
20follows:
21626.76 Labor commissioner Department of inspections, appeals,
22and licensing director to represent.
23The labor commissioner, appointed pursuant to section
2491.2 director of the department of inspections, appeals,
25and licensing, may, at the labor commissioner’s director’s
26 discretion, represent laborers or employees seeking payment for
27labor or wage claims from the receiver, trustee, or assignee,
28or the court, or the person charged with the property, in
29accordance with and subject to the provisions of sections
30626.69 and 626.71.
31 Sec. 2038. Section 724.21A, subsections 1 and 6, Code 2023,
32are amended to read as follows:
331. In any case where the sheriff or the commissioner of
34public safety denies an application for or suspends or revokes
35a permit to carry weapons or a permit to acquire pistols
-1174-1or revolvers, the sheriff or commissioner shall provide a
2written statement of the reasons for the denial, suspension, or
3revocation and the applicant or permit holder shall have the
4right to appeal the denial, suspension, or revocation to an
5administrative law judge in the department of inspections, and
6 appeals, and licensing within thirty days of receiving written
7notice of the denial, suspension, or revocation.
86. The department of inspections, and appeals, and
9licensing shall adopt rules pursuant to chapter 17A as
10necessary to carry out the provisions of this section.
11 Sec. 2039. Section 729.6, subsection 9, paragraph a, Code
122023, is amended to read as follows:
13a. Investigating a workers’ compensation claim under chapter
1410A, subchapter III, and chapters 85, 85A, and 85B, and 86.
15 Sec. 2040. Section 815.11, subsection 1, Code 2023, is
16amended to read as follows:
171. Costs incurred for legal representation by a
18court-appointed attorney under chapter 229A, 665, 822, or 908,
19or section 232.141, subsection 3, paragraph “d”, or section
20598.23A, 600A.6B, 814.9, 814.10, 814.11, 815.4, 815.7, or
21815.10 on behalf of an indigent shall be paid from moneys
22appropriated by the general assembly to the office of the state
23public defender in the department of inspections, and appeals,
24and licensing and deposited in an account to be known as the
25indigent defense fund, except as provided in subsection 2.
26Costs incurred representing an indigent defendant in a contempt
27action, representing an indigent juvenile in a juvenile court
28proceeding, or representing a person pursuant to section 13B.13
29are also payable from the fund. However, costs incurred in any
30administrative proceeding or in any other proceeding under this
31chapter or chapter 598, 600, 600A, 633, 633A, 814, or 915 or
32other provisions of the Code or administrative rules are not
33payable from the fund.
34 Sec. 2041. Section 915.83, subsection 4, Code 2023, is
35amended to read as follows:
-1175- 14. Request from the department of human services, the
2department of workforce development and its, the division
3of workers’ compensation of the department of inspections,
4appeals, and licensing, the department of public safety, the
5county sheriff departments, the municipal police departments,
6the county attorneys, or other public authorities or agencies
7reasonable assistance or data necessary to administer the crime
8victim compensation program.
9 Sec. 2042. 2020 Iowa Acts, chapter 1064, section 16,
10subsection 4, is amended to read as follows:
114. Priority. In the case of multiple claims to payments
12filed under this section, priority shall be given to claims
13filed by the child support recovery unit or the foster care
14recovery unit, next priority shall be given to claims filed
15by the clerk of the district court, next priority shall be
16given to claims filed by the investigations division of the
17 department of inspections, and appeals, and licensing relating
18to investigations by the department, next priority shall be
19given to claims that will be deposited into the state general
20fund, and last priority shall be given to claims filed by other
21public agencies. In the case of multiple claims in which the
22priority is not otherwise provided by this subsection, priority
23shall be determined in accordance with rules to be established
24by the department.
25 Sec. 2043. CODE EDITOR DIRECTIVE.
261. The Code editor is directed to make the following
27transfers:
28a. Section 92.1 to section 92.1A.
29b. Section 92.1B to section 92.1.
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.
33 Sec. 2044. CONTINGENT EFFECTIVE DATE. The following takes
34effect on the effective date of the rules adopted by the
35department of revenue pursuant to chapter 17A implementing 2020
-1176-1Iowa Acts, chapter 1064, other than transitional rules:
2The section of this division of this Act amending 2020 Iowa
3Acts, chapter 1064.
4DIVISION IV
5DEPARTMENT OF JUSTICE
6 Sec. 2045. Section 6B.18, subsection 3, Code 2023, is
7amended to read as follows:
83. In case of condemnation proceedings instituted by the
9state department of transportation, when the owner appeals from
10the assessment made, such notice of appeal shall be served upon
11the attorney general, or the department general counsel to
12the state department of transportation, or the chief highway
13engineer for the department.
14 Sec. 2046. Section 8A.412, subsection 11, Code 2023, is
15amended to read as follows:
1611. Professional employees under the supervision of the
17attorney general, the state public defender, the secretary
18of state, the auditor of state, the treasurer of state, and
19the public employment relations board. However, employees of
20the consumer advocate division of the department of justice,
21other than the consumer advocate, and administrative law judges
22appointed or employed by the public employment relations board
23are subject to the merit system.
24 Sec. 2047. Section 13.2, subsection 1, paragraphs b and o,
25Code 2023, are amended to read as follows:
26b. Prosecute and defend in any other court or tribunal,
27all actions and proceedings, civil or criminal, in which the
28state may be a party or interested, when, in the attorney
29general’s judgment, the interest of the state requires such
30action, or when requested to do so by the governor, executive
31council, or general assembly. The attorney general may
32prosecute a criminal proceeding on behalf of the state even if
33a county attorney does not request the attorney general to act
34as a county attorney in a proceeding under section 331.754,
35subsection 7.
-1177- 1o. Submit a report by January 15 of each year to the
2co-chairpersons and ranking members of the joint appropriations
3subcommittee on the justice system, to the executive council,
4and to the legislative services agency detailing the amount of
5annual money receipts generated by each settlement or judgment
6in excess of two hundred fifty thousand dollars collected
7pursuant to legal proceedings under chapters 455B, 553, and 714
8all money settlement awards and court money awards that were
9awarded to the state of Iowa. The report shall include the
10name of the civil or criminal case involved, the specify the
11parties to each settlement or court proceeding, any court of
12jurisdiction, the settlement amount, the state’s share of the
13settlement amount, the name of the fund in which the receipts
14were deposited, and the planned use of the moneys.
15 Sec. 2048. Section 13.4, Code 2023, is amended to read as
16follows:
1713.4 Assistant and deputy attorneys general.
18The attorney general may appoint a first assistant chief
19deputy attorney general and such other deputy and assistant
20attorneys general as may be authorized by law, who shall devote
21their entire time to the duties of their positions. The deputy
22and assistant attorneys general shall, subject to the direction
23of the attorney general, have the same power and authority as
24the attorney general.
25 Sec. 2049. Section 13.6, Code 2023, is amended by striking
26the section and inserting in lieu thereof the following:
2713.6 Agency reimbursement for legal services.
28The attorney general may charge departments, agencies, and
29other state governmental entities for the cost of performing
30legal services for the department, agency, or governmental
31entity. Upon request of the attorney general, a department
32or agency shall provide and equip a suitable office for an
33assistant attorney general or other staff providing legal
34services exclusively for that department or agency.
35 Sec. 2050. Section 13.7, subsection 1, Code 2023, is amended
-1178-1to read as follows:
21. Compensation shall not be allowed to any person for
3services as an attorney or counselor to an executive department
4of the state government, or the head of an executive department
5of state government, or to a state board or commission A
6department, agency, or other state governmental entity shall
7not contract for legal services to be provided by a private
8attorney unless authorized by the executive council under
9this section or section 13.3. However, the The executive
10council may authorize employment of legal assistance, at a
11reasonable compensation, in a pending action or proceeding to
12protect the interests of the state, but only upon a sufficient
13showing, in writing, made by the attorney general, that the
14department of justice cannot for reasons stated by the attorney
15general perform the service. The reasons and action of the
16executive council shall be entered upon its records. If the
17attorney general determines that the department of justice
18cannot perform legal service in an action or proceeding,
19the executive council shall request the department involved
20in the action or proceeding to recommend legal counsel to
21represent the department. If the attorney general concurs with
22the department that the person recommended is qualified and
23suitable to represent the department, the person recommended
24shall be employed. If the attorney general does not concur
25in the recommendation, the department shall submit a new
26recommendation. This subsection does not affect the general
27counsel for the utilities board of the department of commerce,
28the legal counsel of the department of workforce development,
29or the general counsel for the property assessment appeal
30board.
31 Sec. 2051. Section 13.9, Code 2023, is amended to read as
32follows:
3313.9 Salary.
34The salary of the attorney general shall be as fixed by
35the general assembly, and the salaries of the first assistant
-1179-1 chief deputy attorney general and other deputy and assistant
2attorneys general shall be such as may be fixed by law.
3 Sec. 2052. Section 13.11, Code 2023, is amended by striking
4the section and inserting in lieu thereof the following:
513.11 Exclusive criminal jurisdiction over election crimes.
6Notwithstanding any provision of law to the contrary, the
7attorney general shall have exclusive jurisdiction to prosecute
8all criminal proceedings under chapter 39A.
9 Sec. 2053. Section 20.4, subsection 9, Code 2023, is amended
10to read as follows:
119. Persons employed by the state department of justice,
12except nonsupervisory employees of the consumer advocate
13division who are employed primarily for the purpose of
14performing technical analysis of nonlegal issues.
15 Sec. 2054. Section 25.1, subsection 2, unnumbered paragraph
161, Code 2023, is amended to read as follows:
17The state appeal board shall make a record of the receipt
18of claims received from the director of the department of
19management, notify the special assistant attorney general for
20claims, and deliver a copy to the state official or agency
21against whom the claim is made, if any.
22 Sec. 2055. Section 25.1, subsection 2, paragraph a, Code
232023, is amended to read as follows:
24a. The official or agency shall report its recommendations
25concerning the claim to the special assistant attorney general
26for claims who, with a view to determining the merits and
27legality of the claim, shall investigate the claim and report
28the findings and conclusions of the investigation to the state
29appeal board.
30 Sec. 2056. Section 25.2, subsection 1, unnumbered paragraph
311, Code 2023, is amended to read as follows:
32The state appeal board with the recommendation of the
33special assistant attorney general for claims may approve
34or reject claims against the state of less than five years
35involving the following:
-1180-1 Sec. 2057. Section 25.3, Code 2023, is amended to read as
2follows:
325.3 Filing with general assembly — testimony.
4On the second day after the convening of each regular
5session of the general assembly, the state appeal board shall
6file with the clerk of the house of representatives and the
7secretary of the senate a list of all claims rejected by the
8state appeal board together with a copy of the report made
9to it by the special assistant attorney general for claims
10 and its recommendation thereon for each claim, which report
11and recommendation shall be delivered to the claims committee
12of the house and senate. Any testimony taken by the special
13assistant attorney general for claims shall be preserved by the
14state appeal board and made available to the claims committee
15of the general assembly.
16 Sec. 2058. Section 25.4, Code 2023, is amended to read as
17follows:
1825.4 Assistant attorney Attorney general — salary.
19The attorney general shall appoint a special assistant
20attorney general for claims who shall, under the direction of
21the attorney general, investigate and report on all claims
22between the state and other parties, which may be referred to
23the state appeal board, and on any other claims or matters
24which the state appeal board or the attorney general may
25direct.
26 Sec. 2059. Section 25.5, Code 2023, is amended to read as
27follows:
2825.5 Testimony — filing with board.
29The special assistant attorney general for claims shall
30fully investigate each claim and the facts upon which same
31is based and may take testimony in the form of affidavits or
32otherwise, and in connection therewith shall ex officio be
33empowered to administer oaths, to compel the attendance of
34witnesses and certify to any district court for contempt. All
35testimony, affidavits, and other papers in connection with
-1181-1a claim, obtained by the special assistant attorney general
2for claims in making an investigation shall be filed with the
3report to the state appeal board.
4 Sec. 2060. Section 25.6, Code 2023, is amended to read as
5follows:
625.6 Claims by state against municipalities.
7The state appeal board may investigate and collect claims
8which the state has against municipal or political corporations
9in the state including counties, cities, townships, and school
10corporations. The board shall refer any such claim to the
11special assistant attorney general for claims, when the claim
12has not been promptly paid, and if the special assistant
13 attorney general for claims is not able to collect the full
14amount of the claim, the special assistant attorney general
15shall fully investigate and report to the state appeal board
16findings of fact and conclusions of law, together with any
17recommendation as to the claim. Thereafter the state appeal
18board may effect a compromise settlement with the debtor in an
19amount and under terms as the board deems just and equitable
20in view of the findings and conclusions reported to it. If
21the state appeal board is unable to collect a claim in full
22or effect what it has determined to be a fair compromise, it
23shall deliver the claim to the attorney general for action
24as the attorney general shall determine and the special
25assistant attorney general for claims is specifically charged
26with carrying out the directions of the attorney general with
27reference to the claim. When a claim is compromised by the
28state appeal board, the board shall file with the department
29of management and the department of administrative services a
30statement as to the settlement, together with a true copy of
31the agreement of settlement, and if in settlement an amount
32less than the face amount is accepted in full, the proper
33entries shall be made in the books of the department of
34management, the department of administrative services, and the
35auditor of state showing the amount of the claim, the amount of
-1182-1the settlement, and the amount charged off.
2 Sec. 2061. Section 39A.6, subsection 4, Code 2023, is
3amended to read as follows:
44. Upon issuing a technical infraction, the state
5commissioner shall immediately inform the attorney general and
6relevant county attorney if the apparent violation constitutes
7or may constitute election misconduct under this chapter.
8 Sec. 2062. Section 39A.7, Code 2023, is amended to read as
9follows:
1039A.7 Election misconduct — investigation.
111. The attorney general or county attorney shall
12investigate allegations of election misconduct reported to the
13attorney general or county attorney. Election misconduct by an
14election official shall also be investigated for prosecution
15under chapter 721.
162. Upon the completion of an investigation required by this
17section, the attorney general or county attorney shall submit
18the results of the investigation to the state commissioner and
19explain whether the attorney general or county attorney will
20pursue charges.
21 Sec. 2063. Section 48A.41, subsection 2, Code 2023, is
22amended to read as follows:
232. If in the course of an audit under this section the state
24registrar of voters finds that a commissioner of registration
25has failed to perform required voter list maintenance,
26the state registrar of voters shall submit the audit to
27the relevant county attorney and attorney general within
28twenty-four hours for investigation of a violation of section
2939A.3, subsection 1, paragraph “b”, subparagraph (9), or other
30provision of law.
31 Sec. 2064. Section 80.1, Code 2023, is amended to read as
32follows:
3380.1 Department created.
34There is hereby created a department of the state government
35which shall be known and designated as the department of public
-1183-1safety, which shall consist of a commissioner of public safety
2and of such officers and employees as may be required, one of
3whom shall be an attorney admitted to practice law in this
4state. Such attorney shall be an assistant attorney general
5appointed by the attorney general who shall fix the assistant’s
6salary. The department shall reimburse the attorney general
7for the salary and expense of such assistant attorney general
8and furnish the assistant a suitable office if requested by the
9attorney general.
10 Sec. 2065. Section 307.23, Code 2023, is amended to read as
11follows:
12307.23 General Legal counsel.
131. The general counsel shall be a special assistant attorney
14general appointed by the attorney general who shall act as the
15attorney for the department. The general counsel shall have
16the following duties and responsibilities It shall be the duty
17of the attorney general to do all of the following:
18a. Act as legal advisor to the department, commission, and
19the director.
20b. Provide all legal services for the department.
212. The attorney general shall appoint additional assistant
22attorneys general as the director deems necessary to carry
23out the these duties assigned to the office of the general
24counsel. The salary of the general counsel shall be fixed by
25the director, subject to the approval of the attorney general.
26The director shall provide and furnish a suitable office for
27the general counsel upon request of the attorney general.
28 Sec. 2066. Section 327C.30, Code 2023, is amended to read
29as follows:
30327C.30 Duty of department, general counsel attorney general,
31 and county attorney.
32When any proceeding has been instituted under sections
33327C.28 and 327C.29, the department attorney general counsel
34 shall prosecute the same, and the county attorney of the
35county in which such proceeding is pending shall render such
-1184-1assistance as the department attorney general counsel may
2require.
3 Sec. 2067. Section 331.756, subsection 49, Code 2023, is
4amended to read as follows:
549. Assist, upon request, the department of
6transportation’s attorney general counsel in the prosecution of
7violations of common carrier laws and regulations as provided
8in section 327C.30.
9 Sec. 2068. Section 475A.1, subsections 1 and 2, Code 2023,
10are amended to read as follows:
111. Appointment. The attorney general shall appoint a
12competent attorney to the office of consumer advocate, who
13shall serve at the pleasure of the attorney general, subject to
14confirmation by the senate, no less frequently than once every
15four years, in accordance with section 2.32. The consumer
16advocate is the chief administrator of the consumer advocate
17division of the department of justice. The advocate’s term of
18office is for four years. The term begins and ends in the same
19manner as set forth in section 69.19.
202. Vacancy. If a vacancy occurs in the office of consumer
21advocate, the vacancy shall be filled for the unexpired term in
22the same manner as an original appointment under the procedures
23of section 2.32.
24 Sec. 2069. Section 475A.1, subsection 5, Code 2023, is
25amended by striking the subsection.
26 Sec. 2070. Section 475A.2, subsections 2 and 5, Code 2023,
27are amended to read as follows:
282. Act as attorney for and represent Represent the interests
29of all consumers generally and the public generally in all
30proceedings before the utilities board.
315. Act as attorney for and represent Represent the
32interests of all consumers generally and the public generally
33in proceedings before federal and state agencies and related
34judicial review proceedings and appeals, at the discretion of
35the consumer advocate.
-1185-1 Sec. 2071. Section 475A.3, subsection 2, Code 2023, is
2amended to read as follows:
32. Employees. The consumer advocate attorney general
4 may employ attorneys, legal assistants, secretaries, clerks,
5and other employees the consumer advocate finds necessary
6for the full and efficient discharge of the duties and
7responsibilities of the office consumer advocate division. The
8consumer advocate may employ consultants as expert witnesses
9or technical advisors pursuant to contract as the consumer
10advocate finds necessary for the full and efficient discharge
11of the duties of the office. Employees of the consumer
12advocate division, other than the consumer advocate, are
13subject to merit employment, except as provided in section
148A.412.
15 Sec. 2072. REPEAL. Section 13.5, Code 2023, is repealed.
16 Sec. 2073. EFFECTIVE DATE. This division of this Act, being
17deemed of immediate importance, takes effect upon enactment.
18DIVISION V
19ECONOMIC DEVELOPMENT AUTHORITY
20cultural affairs
21 Sec. 2074. Section 7E.5, subsection 1, paragraph g, Code
222023, is amended to read as follows:
23g. The economic development authority, created in section
2415.105, which has responsibility for ensuring that the
25economic development policies of the state are effectively and
26efficiently carried out, and for managing the state’s interest
27in the areas of the arts, history, and other cultural matters.
28 Sec. 2075. Section 7E.5, subsection 1, paragraph l, Code
292023, is amended by striking the paragraph.
30 Sec. 2076. Section 8A.412, subsection 14, Code 2023, is
31amended by striking the subsection.
32 Sec. 2077. Section 15.108, subsection 5, paragraph c, Code
332023, is amended to read as follows:
34c. Coordinate and develop with the department of
35transportation, the department of natural resources, the
-1186-1department of cultural affairs, the enhance Iowa board,
2other state agencies, and local and regional entities public
3interpretation, marketing, and education programs that
4encourage Iowans and out-of-state visitors to participate in
5the recreational and leisure opportunities available in Iowa.
6The authority shall establish and administer a program that
7helps connect both Iowa residents and residents of other states
8to new and existing Iowa experiences as a means to enhance the
9economic, social, and cultural well-being of the state. The
10program shall include a broad range of new opportunities, both
11rural and urban, including main street destinations, green
12space initiatives, and artistic and cultural attractions.
13 Sec. 2078. Section 15.108, subsection 5, paragraph l, Code
142023, is amended by striking the paragraph.
15 Sec. 2079. Section 15.108, subsection 9, Code 2023, is
16amended by striking the subsection and inserting in lieu
17thereof the following:
189. Cultural affairs. To develop the state’s interest in
19the areas of the arts, history, and other cultural matters. To
20carry out this responsibility, the authority shall:
21a. Accept, receive, and administer grants or other funds or
22gifts from public or private agencies, including the federal
23government, for the authority.
24b. Administer the Iowa cultural trust, as advised and
25assisted by the Iowa arts council, as provided in chapter 303A,
26and do all of the following:
27(1) Develop and adopt by rule criteria for the issuance
28of trust fund credits by measuring the efforts of qualified
29organizations to increase their endowment or other resources
30for the promotion of the arts, history, or the sciences and
31humanities in Iowa. For purposes of this paragraph, “qualified
32organization” means a tax-exempt, nonprofit organization
33whose primary mission is to promote the arts, history, or the
34sciences and humanities in Iowa. If the authority determines
35that a qualified organization has increased the amount of the
-1187-1qualified organization’s endowment and other resources, the
2authority shall certify the amount of increase in the form of
3trust fund credits to the treasurer, who shall deposit in the
4Iowa cultural trust fund, from moneys received for purposes
5of the trust fund as provided in section 303A.4, subsection
62, an amount equal to the trust fund credits. If the amount
7of the trust fund credits issued by the authority exceeds the
8amount of moneys available to be deposited in the trust fund as
9provided in section 303A.4, subsection 2, the outstanding trust
10fund credits shall not expire but shall be available to draw
11down additional moneys which become available to be deposited
12in the trust fund as provided in section 303A.4, subsection 2.
13(2) Develop and implement, in accordance with subchapter
14II, part 30, a grant application process for grants issued to
15qualified organizations.
16(3) Develop and adopt by rule criteria for the approval of
17Iowa cultural trust grants. The criteria shall include but
18shall not be limited to the future stability and sustainability
19of a qualified organization.
20(4) Compile, in consultation with the Iowa arts council,
21a list of grant applications recommended for funding in
22accordance with the amount available for distribution as
23provided in section 303A.6, subsection 3. The list of
24recommended grant applications shall be submitted to the Iowa
25cultural trust board of trustees for approval.
26(5) Monitor the allocation and use of grant moneys by all
27qualified organizations to determine whether moneys are used
28in accordance with the provisions of this paragraph “b” and
29subchapter II, part 30.The authority shall annually submit
30a report with the authority’s findings and recommendations to
31the Iowa cultural trust board of trustees prior to final board
32action in approving grants for the next succeeding fiscal year.
33c. Design a comprehensive, statewide, long-range plan with
34the assistance of the Iowa arts council to develop the arts
35in Iowa. The authority is designated as the state agency for
-1188-1carrying out the plan.
2d. By rule, establish advisory groups as necessary for the
3receipt of federal funds or grants or the administration of any
4of the authority’s programs.
5e. Develop and implement fee-based educational programming
6opportunities, including preschool programs, related to arts,
7history, and other cultural matters for Iowans of all ages.
8f. Conduct surveys of existing art and cultural programs
9and activities within the state, including but not limited to
10music, theater, dance, painting, sculpture, architecture, and
11allied arts and crafts. The authority shall submit a report
12on the survey to the governor and to the general assembly no
13later than ten calendar days after the commencement of each
14first session of the general assembly recommending appropriate
15legislation or other action as the authority deem appropriate.
16g. Establish and administer a film office. The purpose
17of the film office is to assist legitimate film, television,
18and video producers in the production of film, television, and
19video projects in the state, and to increase the fiscal impact
20on the state’s economy of film, television, and video projects
21produced in the state.
22 Sec. 2080. Section 15.108, Code 2023, is amended by adding
23the following new subsection:
24 NEW SUBSECTION. 12. Miscellaneous. To provide other
25necessary services, the authority shall do all of the
26following:
27a. Collect and assemble, or cause to have collected and
28assembled, all pertinent information available regarding the
29industrial, agricultural, and public and private recreation
30and tourism opportunities and possibilities of the state
31of Iowa, including raw materials and products that may be
32produced from the raw materials; power and water resources;
33transportation facilities; available markets; the banking and
34financing facilities; the availability of industrial sites; the
35advantages of the state as a whole, and particular sections
-1189-1of the state, as industrial locations; the development of a
2grain alcohol motor fuel industry and its related products;
3and other fields of research and study as the board deems
4necessary. This information shall consider the encouragement
5of new industrial enterprises in the state and the expansion
6of industries now existing within the state, and allied fields
7to those industries. The information shall also consider the
8changing composition of the Iowa family, the level of poverty
9among different age groups, and different family structures in
10Iowa society and their impact on Iowa families.
11b. Apply for, receive, contract for, and expend federal
12funds and grants, and funds and grants from other sources.
13c. Except as otherwise provided in sections 8A.110, 260C.14,
14and 262.9, provide that an inventor whose research is funded
15in whole or in part by the state shall assign to the state a
16proportionate part of the inventor’s rights to a letter patent
17resulting from that research. The state's portion of the
18royalties or earnings derived from a letter patent shall be
19paid to the treasurer of state and credited by the treasurer to
20the general fund of the state. The authority, in conjunction
21with other state agencies including the board of regents,
22shall provide incentives to inventors whose research is funded
23in whole or in part by the state to encourage the inventors
24to have the invented products produced in the state. The
25incentives may include the state receiving a smaller portion of
26the inventor’s royalties or earnings than would otherwise occur
27under this paragraph or other provisions of law.
28d. Administer or oversee federal rural economic development
29programs in the state.
30e. At the director’s discretion, accept payment by
31credit card of any fees, interest, penalties, subscriptions,
32registrations, purchases, or other payments, or any portion of
33such payments, which are due or collected by the authority.
34The authority may adjust the amount of the payment to reflect
35the costs of processing the payment as determined by the
-1190-1treasurer of state. Payment by credit card shall include, in
2addition to all other charges, any discount charged by the
3credit card issuer.
4f. Provide technical assistance to individuals who
5are pursuing the purchase and operation of employee-owned
6businesses.
7g. Administer the Iowa energy center established in section
815.120. This paragraph “g” is repealed July 1, 2027.
9h. Administer the partner state program created in section
1015.421.
11 Sec. 2081. Section 15.274, Code 2023, is amended to read as
12follows:
1315.274 Promotional program for national historic landmarks
14and cultural and entertainment districts.
15The economic development authority, in cooperation with
16the state department of transportation and the department of
17cultural affairs, shall establish and administer a program
18designed to promote knowledge of and access to buildings,
19sites, districts, structures, and objects located in this state
20that have been designated by the secretary of the interior
21of the United States as a national historic landmark, unless
22the national historic landmark is protected under section
2322.7, subsection 20, and certified cultural and entertainment
24districts, as established pursuant to section 303.3B. The
25program shall be designed to maximize the visibility and
26visitation of national historic landmarks in this state and
27buildings, sites, structures, and objects located in certified
28cultural and entertainment districts, as established pursuant
29to section 303.3B. Methods used to maximize the visibility and
30visitation of such locations may include the use of tourism
31literature, signage on highways, maps of the state and cities,
32and internet sites. For purposes of this section, “highway”
33means the same as defined in section 325A.1.
34 Sec. 2082. Section 99F.11, subsection 4, paragraph d,
35subparagraph (1), Code 2023, is amended to read as follows:
-1191- 1(1) Five hundred twenty thousand dollars is appropriated
2each fiscal year to the department of cultural affairs economic
3development authority with one-half of the moneys allocated for
4operational support grants and the remaining one-half allocated
5for the community cultural grants program established under
6section 303.3.
7 Sec. 2083. Section 103A.45, subsection 4, Code 2023, is
8amended to read as follows:
94. Consult with state agencies, including the state
10fire marshal department of inspections, appeals, and
11licensing and the department of cultural affairs economic
12development authority, governmental subdivisions, architects,
13engineers, and others who have knowledge of or interest in the
14rehabilitation, preservation, restoration, and relocation of
15historic buildings, with respect to matters relating to the
16state historic building code.
17 Sec. 2084. Section 303.3, subsections 1 and 2, Code 2023,
18are amended to read as follows:
191. The department authority shall establish a grant program
20for cities and nonprofit, tax-exempt community organizations
21for the development of community programs that provide local
22jobs for Iowa residents and also promote Iowa’s historic,
23ethnic, and cultural heritages through the development
24of festivals, music, drama, cultural programs, or tourist
25attractions. A city or nonprofit, tax-exempt community
26organization may submit an application to the department
27 authority for review. The department authority shall establish
28criteria for the review and approval of grant applications.
29The amount of a grant shall not exceed fifty percent of
30the cost of the community program. Each application shall
31include information demonstrating that the city or nonprofit,
32tax-exempt community organization will provide matching funds
33of fifty percent of the cost of the program. The matching
34funds requirement may be met by substituting in-kind services,
35based on the value of the services, for actual dollars.
-1192- 12. The department authority shall establish a grant program
2which provides general operating budget support to major,
3multidisciplined multidisciplinary cultural organizations
4which that demonstrate cultural and managerial excellence
5on a continuing basis to the citizens of Iowa. Applicant
6organizations must be incorporated under chapter 504, be exempt
7from federal taxation, and not be attached or affiliated with
8an educational institution. Eligible organizations shall
9be operated on a year-round basis and employ at least one
10full-time, paid professional staff member. The department
11 authority shall establish criteria for review and approval
12of grant applications. Criteria established shall include,
13but are not limited to, a matching funds requirement. The
14matching funds requirement shall permit an applicant to meet
15the matching requirement by demonstrating that the applicant’s
16budget contains funds, other than state and federal funds, in
17excess of the grant award.
18 Sec. 2085. Section 303.3A, subsection 1, paragraph c, Code
192023, is amended by striking the paragraph.
20 Sec. 2086. Section 303.3A, subsections 2 and 3, Code 2023,
21are amended to read as follows:
222. The department authority shall administer regional
23conferences and a statewide caucus on arts and cultural
24enhancement. The purpose of the conferences and caucus is to
25encourage the development of the arts and culture in the state
26by in all of the following ways:
27a. Byidentifying opportunities for programs involving
28education, outreach, and enhancement; by.
29b. Byreviewing possible changes in enhancement program
30policies, programs, and funding; and by.
31c. Bymaking recommendations to the department authority
32 regarding funding allocations and priorities for arts and
33cultural enhancement.
343. a. Every four years beginning in June 2001 2025, the
35department authority shall convene a statewide caucus on arts
-1193-1and cultural enhancement.
2a. b. Prior to the statewide caucus, the department
3 authority shall make arrangements to hold a conference in each
4of several regions of the state as determined by the Iowa arts
5council. The department authority shall promote attendance
6of interested persons at each conference. A designee of
7the department shall serve as temporary chairperson until
8persons attending the conference elect a chairperson. The
9department authority shall provide persons attending the
10conference with current information regarding cultural programs
11and expenditures. Persons attending the conference shall
12identify opportunities for programs in the areas of education,
13outreach, and enhancement, and make recommendations in the
14form of a resolution. The persons attending the conference
15shall elect six persons from among the attendees to serve
16as regional, voting delegates to the statewide caucus. The
17conference attendees shall elect a chairperson from among the
18six representatives. Other interested persons are encouraged
19to attend the statewide caucus as nonvoting attendees.
20b. c. The department authority shall charge a reasonable
21fee for attendance at the statewide caucus on arts and cultural
22enhancement.
23c. d. A designee of the department authority shall call the
24statewide caucus to order and serve as temporary chairperson
25until persons attending the caucus elect a chairperson.
26Persons attending the caucus shall discuss the recommendations
27of the regional conferences and decide upon recommendations to
28be made to the department authority and the general assembly.
29Elected chairpersons of the regional conferences shall meet
30with representatives of the department authority and present
31the recommendations of the caucus.
32 Sec. 2087. Section 303.3B, Code 2023, is amended to read as
33follows:
34303.3B Cultural and entertainment districts.
351. The department of cultural affairs authority shall
-1194-1establish and administer a cultural and entertainment district
2certification program. The program shall encourage the growth
3of communities through the development of areas within a city
4or county for public and private uses related to cultural and
5entertainment purposes.
62. A city or county may create and designate a cultural
7and entertainment district subject to certification
8by the department of cultural affairs, in consultation
9with the economic development authority. A cultural and
10entertainment district is encouraged to include a unique form
11of transportation within the district and for transportation
12between the district and recreational trails. A cultural and
13entertainment district certification shall remain in effect for
14ten years following the date of certification. Two or more
15cities or counties may apply jointly for certification of a
16district that extends across a common boundary. Through the
17adoption of administrative rules, the department of cultural
18affairs authority shall develop a certification application
19for use in the certification process. The provisions of this
20subsection relating to the adoption of administrative rules
21shall be construed narrowly.
223. The department of cultural affairs authority shall
23encourage development projects and activities located in
24certified cultural and entertainment districts through
25incentives under cultural grant programs pursuant to section
26303.3, chapter 303A part 30, and any other applicable grant
27programs.
28 Sec. 2088. Section 303.3C, subsection 1, paragraphs a, d,
29and f, Code 2023, are amended to read as follows:
30a. The department of cultural affairs authority shall
31establish and administer an Iowa great places program for
32purposes of combining resources of state government in an
33effort to showcase the unique and authentic qualities of
34communities, regions, neighborhoods, and districts that
35make such places exceptional places to work and live. The
-1195-1department of cultural affairs authority shall provide
2administrative assistance to the Iowa great places board. The
3department of cultural affairs authority shall coordinate
4the efforts of the Iowa great places board with the efforts
5of state agencies participating in the program which shall
6include, but not be limited to, the economic development
7authority, the Iowa finance authority, the department of
8human rights, the department of natural resources, the state
9department of transportation, and the department of workforce
10development.
11d. The department of cultural affairs authority shall work
12in cooperation with the vision Iowa and community attraction
13and tourism programs enhance Iowa board for purposes of
14maximizing and leveraging moneys appropriated to identified
15Iowa great places.
16f. The department of cultural affairs authority shall
17account for any funds appropriated from the endowment for
18Iowa’s health restricted capitals fund for an identified Iowa
19great place.
20 Sec. 2089. Section 303.3C, subsection 2, paragraph a, Code
212023, is amended to read as follows:
22a. The Iowa great places board is established consisting of
23twelve members. The board shall be located for administrative
24purposes within the department of cultural affairs authority
25 and the director shall provide office space, staff assistance,
26and necessary supplies and equipment for the board. The
27director shall budget moneys to pay the compensation and
28expenses of the board. In performing its functions, the board
29is performing a public function on behalf of the state and is a
30public instrumentality of the state.
31 Sec. 2090. Section 303.3D, subsections 1 and 3, Code 2023,
32are amended to read as follows:
331. An Iowa great places program fund is created under the
34authority of the department of cultural affairs. The fund
35shall consist of appropriations made to the fund and transfers
-1196-1of interest, earnings, and moneys from other funds as provided
2by law. Notwithstanding section 12C.7, subsection 2, interest
3or earnings on investments or time deposits of the moneys in
4the Iowa great places program fund shall be credited to the
5Iowa great places program fund.
63. In awarding moneys the department of cultural affairs
7 authority shall give consideration to the particular needs of
8each identified Iowa great place.
9 Sec. 2091. Section 303.3E, Code 2023, is amended to read as
10follows:
11303.3E Culture, history, and arts teams program.
121. The department of cultural affairs authority shall
13establish and administer a statewide program facilitating the
14promotion of culture, history, and arts in Iowa. The program’s
15purpose shall be to encourage cooperation and collaboration
16among the various state and local organizations working in
17these areas to improve Iowa’s quality of life.
182. The department authority shall implement the program
19by working with the local organizations to establish local
20committees. Each committee shall:
21a. Include representatives from local organizations
22dedicated to promoting culture, history, and arts.
23b. Gather and disseminate information on the cultural,
24historical, and arts opportunities in the regions.
25c. Enhance communication among the local organizations.
26d. Assist the staff members of local organizations in
27obtaining technical and professional training.
283. The department authority shall assist local
29organizations in the delivery of technical services,
30professional training, and programming opportunities by working
31with these committees.
32 Sec. 2092. Section 303.20, unnumbered paragraph 1, Code
332023, is amended to read as follows:
34As used in this subchapter of this chapter part, unless the
35context otherwise requires:
-1197-1 Sec. 2093. Section 303.20, subsections 2 and 3, Code 2023,
2are amended to read as follows:
32. “Commission” is the five-person body, elected by the
4registered voters in the historical preservation district from
5persons living in the district for the purpose of administering
6this subchapter of this chapter part.
73. “District” means a historical preservation district
8established under this subchapter of this chapter part.
9 Sec. 2094. Section 303.20, subsection 4, Code 2023, is
10amended by striking the subsection.
11 Sec. 2095. Section 303.21, Code 2023, is amended to read as
12follows:
13303.21 Petition.
141. The eligible voters in an area of asserted historical
15significance may petition the department authority for a
16referendum for the establishment of a district.
172. The petition must be signed by not less than ten percent
18of the eligible voters of in the area of asserted historical
19significance and shall contain both a description of the
20property suggested for inclusion in the district and the
21reasons justifying the creation of the district.
22 Sec. 2096. Section 303.22, Code 2023, is amended to read as
23follows:
24303.22 Action by department the authority.
251. The department authority shall hold a hearing not less
26than thirty days or and not more than sixty days after the
27petition is received. The department authority shall publish
28notice of the hearing, at a reasonable time before the hearing
29is to take place, and shall post notice of the hearing in a
30reasonable number of places within the suggested district. The
31cost of notification shall be paid by the persons who petition
32for the establishment of a district.
332. At the hearing the department authority shall hear
34interested persons, accept written presentations, and shall
35determine whether the suggested district is an area of
-1198-1historical significance which may properly be established as a
2historical preservation district pursuant to the provisions of
3this subchapter of this chapter part. The department authority
4 may determine the boundaries which shall be established for the
5district. The department authority shall not include property
6which is not included in the suggested district unless the
7owner of the property is given an opportunity to be heard.
83. The department, if it If the authority determines that
9the suggested district meets the criteria for establishment
10as a historical preservation district, the authority shall
11indicate the owners of the property and residents included and
12shall forward a list of owners and residents to the county
13commissioner of elections.
144. If the department authority determines that the
15suggested district does not meet the criteria for establishment
16as a historical preservation district, it the authority shall
17so notify the petitioners.
18 Sec. 2097. Section 303.23, Code 2023, is amended to read as
19follows:
20303.23 Referendum.
21Within thirty days after the receipt of the list of owners
22of property and residents within the suggested historical
23preservation district, the department authority shall fix a
24date not more than forty-five days from the receipt of the
25petition seeking a referendum on the question of establishment
26of a historical preservation district. The department
27 authority, after consultation with the county commissioner of
28elections, shall specify the polling place within the suggested
29district that will best serve the convenience of the voters
30and shall appoint from residents of the proposed district
31 three judges and two clerks of election from residents of the
32proposed district.
33 Sec. 2098. Section 303.24, Code 2023, is amended to read as
34follows:
35303.24 Notice.
-1199- 1The department authority, after consultation with the county
2commissioner of elections, shall post notice of the referendum
3in a reasonable number of places within the suggested district
4a reasonable time before it the referendum is to take place.
5The notice shall state the purpose of the referendum, a
6description of the district, the date of the referendum, the
7location of the polling place, and the hours when the polls
8will be open and close.
9 Sec. 2099. Section 303.26, subsection 3, Code 2023, is
10amended to read as follows:
113. Of the initial commission, the person receiving the
12highest number of votes shall receive serve a five-year term of
13office, the next highest shall serve a four-year term, the next
14highest shall serve a three-year term, the next highest shall
15serve a two-year term, and the fifth highest shall serve a
16one-year term. Thereafter, an election shall be held annually
17in the district to elect a member to a five-year term as each
18term expires.
19 Sec. 2100. Section 303.29, Code 2023, is amended to read as
20follows:
21303.29 Use of structures.
22No A change in the use of any structure or property within
23a designated historical district shall not be permitted until
24after an application for a certificate of appropriateness
25has been submitted to, and been approved by the commission.
26For purposes of this section “use” means the legal enjoyment
27of property that consists in its employment, exercise, or
28practice.
29 Sec. 2101. Section 303.32, Code 2023, is amended to read as
30follows:
31303.32 Ordinary maintenance and repair.
32Nothing in this subchapter of this chapter This part shall
33not be construed to prevent the ordinary maintenance or repair
34of any exterior feature in a district which does not involve a
35change in design, material or outer appearance, nor to prevent
-1200-1the construction, reconstruction, alteration, restoration
2or demolition of any such feature which is required by for
3 public safety because of reasons due to an unsafe or dangerous
4condition.
5 Sec. 2102. Section 303.34, subsections 1 and 4, Code 2023,
6are amended to read as follows:
71. An area of historical significance shall be proposed by
8the governing body of the city on its the governing body’s own
9motion or upon the receipt by the governing body of a petition
10signed by residents of the city. The city shall submit a
11description of the proposed area of historical significance or
12the petition describing the proposed area, if the proposed area
13is a result of the receipt of a petition, to the historical
14division which state historic preservation officer who shall
15determine if the proposed area meets the criteria in subsection
162 and may make recommendations concerning the proposed area.
17Any recommendations made by the division state historic
18preservation officer shall be made available by the city to
19the public for viewing during normal working hours at a city
20government place of public access.
214. An area shall be designated an area of historical
22significance upon enactment of an ordinance of by the city.
23Before Prior to enactment of the ordinance or enactment of
24 an amendment to the ordinance is enacted, the governing body
25of the city shall submit the ordinance or amendment to the
26historical division state historic preservation officer for its
27 review and recommendations.
28 Sec. 2103. Section 303.87, Code 2023, is amended to read as
29follows:
30303.87 Duties of Iowa arts council.
31The Iowa arts council shall:
321. Advise the director with respect to policies, programs,
33and procedures for carrying out the administrator’s functions,
34duties, or responsibilities.
352. Review review programs to be supported and make
-1201-1recommendations on the programs to the director.
2 Sec. 2104. Section 303.88, Code 2023, is amended to read as
3follows:
4303.88 Administrator’s Authority’s powers and authority.
5The arts division administrator may authority shall:
61. Make and sign any agreements and perform any acts which
7are necessary, desirable, or proper to carry out the purpose of
8the division.
92. Request and obtain assistance and data from any
10department, division, board, bureau, commission, or agency of
11the state.
123. Accept any federal funds granted, by Act of Congress or
13by executive order, for all or any purposes of this subchapter
14 part, and receive and disburse as the official agent of the
15state any funds made available by the national endowment for
16the arts.
174. 2. Accept gifts, contributions, endowments, bequests,
18or other moneys available for all or any of the purposes
19of the division this part. Interest earned on the gifts,
20contributions, endowments, bequests, or other moneys accepted
21under this subsection part shall be credited to the fund or
22funds to which the gifts, contributions, endowments, bequests,
23or other moneys have been deposited, and is available for all
24or any of the purposes of the division authority under this
25part.
26 Sec. 2105. Section 303A.1, Code 2023, is amended to read as
27follows:
28303A.1 Short title.
29This chapter part shall be known and may be cited as the
30“Iowa Cultural Trust Act”.
31 Sec. 2106. Section 303A.3, unnumbered paragraph 1, Code
322023, is amended to read as follows:
33For purposes of this chapter part, unless the context
34otherwise requires:
35 Sec. 2107. Section 303A.3, subsections 2 and 3, Code 2023,
-1202-1are amended by striking the subsections.
2 Sec. 2108. Section 303A.4, subsections 1, 2, and 4, Code
32023, are amended to read as follows:
41. The Iowa cultural trust is created as a public body
5corporate organized for the purposes, with the powers, and
6subject to the restrictions, set forth in this chapter part.
72. An Iowa cultural trust fund is created in the office
8of the treasurer of state for the purpose of receiving moneys
9appropriated by the general assembly and any other moneys
10available to the trust fund due to the issuance of trust fund
11credits by the director as provided in section 303.1A 15.108,
12subsection 1 9, paragraph “f” “b”, subparagraph (1).
134. a. The treasurer of state shall act as custodian of
14the fund, shall invest moneys in the trust fund, and shall
15transfer the interest attributable to the investment of trust
16fund moneys to the grant account created in section 303A.7.
17The trust fund’s principal shall not be used or accessed by the
18department or the board for any purpose.
19b. Notwithstanding paragraph “a”, for each of the following
20fiscal years, the treasurer of state shall transfer the
21following amounts from the principal of the trust fund to the
22grant account created in section 303A.7:
23(1) For the fiscal year beginning July 1, 2013, and ending
24June 30, 2014, fifty thousand dollars.
25(2) For the fiscal year beginning July 1, 2014, and ending
26June 30, 2015, fifty thousand dollars.
27 Sec. 2109. Section 303A.5, subsections 1 and 6, Code 2023,
28are amended to read as follows:
291. A board of trustees of the Iowa cultural trust is
30created. The general responsibility for the proper operation
31of the trust is vested in the board of trustees, which shall
32consist of thirteen members as follows:
33a. Nine public members, five of whom shall be appointed
34by the governor, subject to confirmation by the senate. The
35majority leader of the senate, the minority leader of the
-1203-1senate, the speaker of the house, and the minority leader of
2the house of representatives shall each appoint one public
3member. A public member of the board appointed in accordance
4with this section shall not also serve concurrently as a member
5of the state historical society board of trustees or the Iowa
6state arts council.
7b. Four ex officio, nonvoting members, consisting of the
8treasurer of state or the treasurer’s designee, the director of
9the department of cultural affairs authority or the director’s
10designee, the chairperson of the state historical society
11board of trustees elected pursuant to section 303.6, and the
12chairperson of the Iowa arts council designated pursuant to
13section 303.86.
146. The board shall be located for administrative purposes
15within the department authority. The department authority,
16subject to approval by the board, shall adopt administrative
17rules pursuant to chapter 17A necessary to administer the
18income derived from the Iowa cultural trust fund and to perform
19specific powers and duties as provided in section 303A.6. The
20director shall budget funds to pay the expenses of the board
21and administer this chapter part.
22 Sec. 2110. Section 303A.6, subsections 1 and 2, Code 2023,
23are amended to read as follows:
241. Enter into agreements with any qualified organization,
25the state, or any federal or other state agency, or other
26entity as required to administer this chapter part.
272. Approve or disapprove the grants recommended for
28approval by the director, in consultation with the Iowa arts
29council and the state historical society of Iowa, in accordance
30with section 303.1A 15.108, subsection 1 9, paragraph “f”,
31subparagraph (3) “b”. The board may delete remove any
32recommendation from the list, but shall not add to or otherwise
33amend the list of recommended grants.
34 Sec. 2111. Section 306D.2, subsection 1, unnumbered
35paragraph 1, Code 2023, is amended to read as follows:
-1204- 1The state department of transportation shall prepare a
2statewide, long-range plan for the protection, enhancement,
3and identification of highways and secondary roads which pass
4through unusually scenic areas of the state as identified
5in section 306D.1. The department of natural resources,
6department of the economic development authority, and
7department of cultural affairs, private organizations, county
8conservation boards, city park and recreation departments,
9and the federal agencies having jurisdiction over land in the
10state shall be encouraged to assist in preparing the plan. The
11plan shall be coordinated with the state’s open space plan
12if a state open space plan has been approved by the general
13assembly. The plan shall include, but is not limited to, the
14following elements:
15 Sec. 2112. Section 321.252, subsection 3, paragraph a,
16subparagraph (1), Code 2023, is amended to read as follows:
17(1) The tourist signing committee shall be made up of the
18directors or their the directors’ designees of the departments
19of agriculture and land stewardship, natural resources,
20cultural affairs, and transportation, the director or the
21director’s designee of the economic development authority, the
22chairperson or the chairperson’s designee of the Iowa travel
23council, and a member of the outdoor advertising association
24of Iowa. The director or the director’s designee of the
25economic development authority shall be the chairperson of the
26committee.
27 Sec. 2113. Section 404A.1, subsection 3, Code 2023, is
28amended by striking the subsection.
29 Sec. 2114. Section 404A.1, subsection 8, paragraph b, Code
302023, is amended to read as follows:
31b. The property meets the physical criteria and standards
32for rehabilitation established by the department authority by
33rule. To the extent applicable, the physical standards and
34criteria shall be consistent with the United States secretary
35of the interior’s standards for rehabilitation.
-1205-1 Sec. 2115. Section 404A.3, subsection 1, paragraphs c and e,
2Code 2023, are amended to read as follows:
3c. The application shall include any information deemed
4necessary by the authority, in consultation with the
5department, to evaluate the eligibility under the program
6of the applicant and the rehabilitation project, the amount
7of projected qualified rehabilitation expenditures of a
8rehabilitation project, and the amount and source of all
9funding for a rehabilitation project. An applicant shall
10have the burden of proof to demonstrate to the authority that
11the applicant is an eligible taxpayer and the project is a
12qualified rehabilitation project under the program.
13e. (1) The authority may charge application and other fees
14to eligible taxpayers who apply to participate in the program.
15The amount of such fees shall be determined based on the costs
16of to the authority and the department associated with of
17 administering the program.
18(2) Fees collected by the authority pursuant to this
19paragraph shall be deposited with the authority notwithstanding
20section 303.9, subsection 1.
21(3) A portion of the fees collected shall be directed by the
22authority to the department.
23 Sec. 2116. Section 404A.3, subsection 3, paragraph b,
24subparagraph (2), Code 2023, is amended to read as follows:
25(2) The rehabilitation work to be performed. An eligible
26taxpayer shall perform the rehabilitation work consistent with
27the United States secretary of the interior’s standards for
28rehabilitation, as determined by the department authority.
29 Sec. 2117. Section 404A.3, subsection 4, paragraph c,
30subparagraph (3), subparagraph division (b), Code 2023, is
31amended to read as follows:
32(b) “Prohibited activity” means a breach or default under
33the agreement with the department authority, the violation
34of any warranty provided by the eligible taxpayer to the
35department authority or the department of revenue, the claiming
-1206-1of a tax credit issued under this chapter for expenditures that
2are not qualified rehabilitation expenditures, the violation of
3any requirements of this chapter or rules adopted pursuant to
4this chapter, misrepresentation, fraud, or any other unlawful
5act or omission.
6 Sec. 2118. Section 404A.4, subsection 2, paragraph c, Code
72023, is amended to read as follows:
8c. The amount of a tax credit that was available for
9approval by the state historical preservation office of the
10department of cultural affairs under section 404A.4, Code 2014,
11in a fiscal year beginning on or after July 1, 2010, but before
12July 1, 2014, that was required to be allocated to new projects
13with final qualified rehabilitation costs of five hundred
14thousand dollars or less, or seven hundred fifty thousand
15dollars or less, as the case may be, and that was not finally
16approved by the state historical preservation office, may be
17awarded under section 404A.3 during the fiscal years beginning
18on or after July 1, 2014, but before July 1, 2016.
19 Sec. 2119. Section 404A.6, Code 2023, is amended to read as
20follows:
21404A.6 Rules.
22The authority, department, and the department of revenue
23shall each adopt rules as necessary for the administration of
24this chapter.
25 Sec. 2120. Section 427.16, subsection 15, Code 2023, is
26amended to read as follows:
2715. The department of cultural affairs economic development
28authority shall adopt rules pursuant to chapter 17A to
29administer this section.
30 Sec. 2121. Section 465A.2, subsection 1, paragraph b,
31unnumbered paragraph 1, Code 2023, is amended to read as
32follows:
33Prepare a statewide, long-range plan for the acquisition
34and protection of significant open space lands throughout
35the state as identified in section 465A.1. The department
-1207-1of transportation, department of the economic development
2authority, and department of cultural affairs, private
3organizations, county conservation boards, city park and
4recreation departments, and the federal agencies with lands in
5the state shall be directly involved in preparing the plan.
6The plan shall include, but is not limited to, the following
7elements:
8 Sec. 2122. Section 465B.2, subsection 2, paragraph a, Code
92023, is amended to read as follows:
10a. The state department of transportation may enter
11into contracts for the preparation of the trails plan. The
12department shall involve the department of natural resources,
13 and the Iowa department of economic development, and the
14department of cultural affairs authority in the preparation of
15the plan. The recommendations and comments of organizations
16representing different types of trail users and others with
17interests in this program shall also be incorporated in the
18preparation of the trails plan and shall be submitted with the
19plan to the general assembly. The plan shall be submitted to
20the general assembly no later than January 15, 1988. Existing
21trail projects involving acquisition or development may receive
22funding prior to the completion of the trails plan.
23 Sec. 2123. Section 465B.3, Code 2023, is amended to read as
24follows:
25465B.3 Involvement of other agencies.
26The department of natural resources, and the economic
27development authority, and the department of cultural
28affairs shall assist the state department of transportation
29in developing the statewide plan for recreation trails, in
30acquiring property, and in the development, promotion, and
31management of recreation trails.
32 Sec. 2124. REPEAL. Sections 303.1, 303.1A, 303.2, and
33303.95, Code 2023, are repealed.
34 Sec. 2125. CODE EDITOR DIRECTIVE.
351. The Code editor is directed to make the following
-1208-1transfers:
2a. Section 303.3 to section 15.436.
3b. Section 303.3A to section 15.437.
4c. Section 303.3B to section 15.438.
5d. Section 303.3C to section 15.439.
6e. Section 303.3D to section 15.440.
7f. Section 303.3E to section 15.441.
8g. Section 303.20 to section 15.445.
9h. Section 303.21 to section 15.446.
10i. Section 303.22 to section 15.447.
11j. Section 303.23 to section 15.448.
12k. Section 303.24 to section 15.449.
13l. Section 303.25 to section 15.450.
14m. Section 303.26 to section 15.451.
15n. Section 303.27 to section 15.452.
16o. Section 303.28 to section 15.453.
17p. Section 303.29 to section 15.454.
18q. Section 303.30 to section 15.455.
19r. Section 303.31 to section 15.456.
20s. Section 303.32 to section 15.457.
21t. Section 303.33 to section 15.458.
22u. Section 303.34 to section 15.459.
23v. Section 303.86 to section 15.465.
24w. Section 303.87 to section 15.466.
25x. Section 303.88 to section 15.467.
26y. Section 303.89 to section 15.470.
27z. Section 303A.1 to section 15.476.
28aa. Section 303A.2 to section 15.477.
29ab. Section 303A.3 to section 15.478.
30ac. Section 303A.4 to section 15.479.
31ad. Section 303A.5 to section 15.480.
32ae. Section 303A.6 to section 15.481.
33af. Section 303A.7 to section 15.482.
342. The Code editor shall correct internal references in the
35Code and in any enacted legislation as necessary due to the
-1209-1enactment of this section.
23. The Code editor shall designate the following new parts
3in subchapter II of chapter 15:
4a. Sections 15.436 through 15.441 as part 26.
5b. Sections 15.445 through 15.459 as part 27.
6c. Sections 15.465 through 15.467 as part 28.
7d. Section 15.470 as part 29.
8e. Sections 15.476 through 15.482 as part 30.
9STATE HISTORIC PRESERVATION OFFICER
10 Sec. 2126. NEW SECTION. 15.121 State historic preservation
11officer.
121. The director shall appoint and the governor shall certify
13the state historic preservation officer pursuant to federal
14requirements. The recommendations and decisions of the state
15historic preservation officer shall be subject to the review
16and approval of the director of the economic development
17authority.
182. The state historic preservation officer shall conduct
19historic preservation activities pursuant to federal and
20state requirements, including but not limited to all of the
21following:
22a. Identifying and documenting historic properties.
23b. Preparing and maintaining a state register of historic
24places, including those listed on the national register of
25historic places.
26c. Conducting historic preservation activities pursuant to
27federal and state requirements.
28d. Publishing matters of historical value to the public,
29and pursuing historical, architectural, and archaeological
30research and development which may include but are not
31limited to continuing surveys, excavation, scientific
32recording, interpretation, and publication of the historical,
33architectural, archaeological, and cultural sites, buildings,
34and structures in the state.
353. Pursuant to section 103A.42, the state historic
-1210-1preservation officer, in response to an adequately documented
2request, shall issue an opinion stating whether a property is
3either included in or appears to meet criteria for inclusion in
4the national register of historic places.
54. Pursuant to section 303.16, subsection 6, paragraph “h”,
6the state historic preservation officer must approve a city or
7county government as a certified local government prior to a
8grant or loan fund award to the city or county government for a
9project in the historic preservation category.
105. Pursuant to section 303.18, the state historic
11preservation officer shall require that a rural electric
12cooperative or a municipal utility that is constructing an
13electric distribution and transmission facility for which it is
14receiving federal funding conduct an archeological site survey.
156. Pursuant to section 427.16, subsections 4 and 12, the
16state historic preservation officer shall be responsible
17for approving applications for certified substantial
18rehabilitation.
19 Sec. 2127. Section 457A.1, Code 2023, is amended to read as
20follows:
21457A.1 Acquisition by other than condemnation.
22The department of natural resources, soil and water
23conservation districts as provided in chapter 161A, the
24historical division of the department of cultural affairs
25 state historic preservation officer, the state archaeologist
26appointed by the state board of regents pursuant to section
27263B.1, any county conservation board, and any city or agency
28of a city may acquire by purchase, gift, contract, or other
29voluntary means, but not by eminent domain, conservation
30easements in land to preserve scenic beauty, wildlife
31habitat, riparian lands, wetlands, or forests; promote outdoor
32recreation, agriculture, soil or water conservation, or open
33space; or otherwise conserve for the benefit of the public the
34natural beauty, natural and cultural resources, and public
35recreation facilities of the state.
-1211-1 Sec. 2128. Section 470.5, Code 2023, is amended to read as
2follows:
3470.5 Exceptions.
4This chapter does not apply to buildings used on January 1,
51980, by the division of adult corrections of the department
6of human services as maximum security detention facilities or
7to the renovation of property nominated to, or entered in the
8national register of historic places, designated by statute, or
9included in an established list of historic places compiled by
10the historical division of the department of cultural affairs
11 state historic preservation officer.
12 Sec. 2129. CODE EDITOR DIRECTIVE.
131. The Code editor is directed to make the following
14transfer:
15Section 303.18 to section 15.122.
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.
19IOWA FINANCE AUTHORITY
20 Sec. 2130. Section 7C.4A, subsection 1, paragraph b, Code
212023, is amended to read as follows:
22b. However, at any time during the calendar year the
23executive director of the Iowa finance authority may determine
24that a lesser amount need be allocated to the Iowa finance
25authority and on that date this lesser amount shall be the
26amount allocated to the authority and the excess shall be
27allocated under subsection 7.
28 Sec. 2131. Section 15.106C, subsection 1, Code 2023, is
29amended to read as follows:
301. a. The operations of the authority shall be administered
31by a director who shall be appointed by the governor, subject
32to confirmation by the senate, and who shall serve for a
33four-year term beginning and ending as provided in section
3469.19 at the pleasure of the governor. An appointment by the
35governor to fill a vacancy in the office of the director shall
-1212-1be for the balance of the unexpired four-year term.
2b. The director of the economic development authority
3under paragraph “a” shall also serve as the director of, and
4administer the operations of, the Iowa finance authority
5pursuant to section 16.6.
6 Sec. 2132. Section 16.1, Code 2023, is amended by adding the
7following new subsection:
8 NEW SUBSECTION. 6A. “Director” means the director of the
9economic development authority who also serves as the director
10of, and administers the operations of, the Iowa finance
11authority pursuant to section 15.106C, subsection 1, paragraph
12“b”.
13 Sec. 2133. Section 16.1, subsection 9, Code 2023, is amended
14by striking the subsection.
15 Sec. 2134. Section 16.1A, subsection 5, Code 2023, is
16amended to read as follows:
175. The board may, by resolution, delegate to the
18agricultural development board, title guaranty division
19board, executive director, or other authority employee such
20of its powers, under such terms and conditions, as it deems
21appropriate.
22 Sec. 2135. Section 16.2, subsections 6 and 8, Code 2023, are
23amended to read as follows:
246. Members of the authority and the executive director shall
25give bond as required for public officers in chapter 64.
268. Members shall elect a chairperson and vice chairperson
27annually, and other officers as they the members determine,
28but and the executive director shall serve as secretary to the
29authority.
30 Sec. 2136. Section 16.2A, subsections 1, 5, and 7, Code
312023, are amended to read as follows:
321. A title guaranty division is created within the
33authority. The division may also be referred to as Iowa title
34guaranty. The powers of the division relating to the issuance
35of title guaranties are vested in and shall be exercised by a
-1213-1title guaranty division board of five members appointed by the
2governor subject to confirmation by the senate. The membership
3of the title guaranty division board shall include an attorney,
4an abstractor, a real estate broker, a representative of a
5lending institution that engages in mortgage lending, and
6a representative of the housing development industry. The
7executive director of the authority shall appoint an attorney
8as director of the title guaranty division, who shall serve
9as an ex officio member of the title guaranty division board.
10The appointment of and compensation for the division director
11are exempt from the merit system provisions of chapter 8A,
12subchapter IV.
135. Members of the title guaranty division board and the
14director of the title guaranty division shall give bond as
15required for public officers in chapter 64.
167. Members shall elect a chair and vice chair annually and
17other officers as they the members determine. The executive
18 director or the executive director’s designee shall serve as
19secretary to the title guaranty division board.
20 Sec. 2137. Section 16.2B, subsection 2, Code 2023, is
21amended to read as follows:
222. The agricultural development division shall be
23administered in accordance with the policies of the
24agricultural development board created in section 16.2C.
25The executive director of the authority may organize the
26agricultural development division and employ necessary
27qualified personnel to administer subchapter VIII.
28 Sec. 2138. Section 16.2C, subsection 3, Code 2023, is
29amended to read as follows:
303. The agricultural development board consists of five
31members appointed by the governor subject to confirmation by
32the senate. The executive director of the authority or the
33executive director’s designee shall serve as an ex officio,
34nonvoting member.
35 Sec. 2139. Section 16.2C, subsection 5, paragraph c, Code
-1214-12023, is amended to read as follows:
2c. The appointed members shall elect a chairperson and vice
3chairperson annually, and other officers as they the members
4 determine. The executive director of the authority or the
5executive director’s designee shall serve as secretary to the
6board.
7 Sec. 2140. Section 16.2D, subsection 2, paragraph b,
8subparagraph (8), Code 2023, is amended to read as follows:
9(8) The executive director of the Iowa finance authority or
10the executive director’s designee.
11 Sec. 2141. Section 16.5, subsection 4, Code 2023, is amended
12to read as follows:
134. Notwithstanding any other provision of law, the
14authority may elect whether to utilize any or all of the goods
15or services available from other state agencies in the conduct
16of its affairs. Departments, boards, commissions, or other
17agencies of the state shall provide reasonable assistance and
18services to the authority upon the request of the executive
19 director.
20 Sec. 2142. Section 16.6, Code 2023, is amended to read as
21follows:
2216.6 Executive director Director — responsibilities.
231. The governor, subject to confirmation by the senate,
24shall appoint an executive director of the authority, who
25shall serve at the pleasure of the governor. The executive
26director shall be selected primarily for administrative
27ability and knowledge in the field, without regard to political
28affiliation. The director of the economic development
29authority shall also serve as the director of, and administer
30the operations of, the authority pursuant to section 15.106C,
31subsection 1, paragraph “b”. The executive director shall not,
32directly or indirectly, exert influence to induce any other
33officers or employees of the state to adopt a political view,
34or to favor a political candidate for office.
352. The executive director shall advise the authority on
-1215-1matters relating to housing and housing finance, carry out
2all directives from the authority, and hire and supervise the
3authority’s staff pursuant to its the authority’s directions.
4All employees of the authority are exempt from the merit system
5provisions of chapter 8A, subchapter IV.
63. The executive director, as secretary of the authority,
7shall keep a record of the proceedings of the authority and
8shall be custodian of all books, documents, and papers filed
9with the authority and of its minute book and seal. The
10executive director shall have authority to cause to be made
11copies of all minutes and other records and documents of the
12authority and to give certificates under the seal of the
13authority to the effect that such copies are true copies and
14all persons dealing with the authority may rely upon such
15certificates.
164. The executive director may establish administrative
17divisions within the authority in order to most efficiently
18and effectively carry out the authority’s responsibilities,
19provided that any creation or modification of authority
20divisions be established only after consultation with the board
21of the authority.
22 Sec. 2143. Section 16.13, subsection 2, paragraph a, Code
232023, is amended to read as follows:
24a. If a member or employee of the authority other than the
25executive director of the authority has an interest, either
26direct or indirect, in a contract to which the authority is,
27or is to be, a party, or in a mortgage lender requesting a loan
28from, or offering to sell mortgage loans to, the authority,
29the interest shall be disclosed to the authority in writing
30and shall be set forth in the minutes of the authority. The
31member or employee having the interest shall not participate
32in any action of the authority with respect to that contract
33or mortgage lender.
34 Sec. 2144. Section 16.13, subsections 3 and 4, Code 2023,
35are amended to read as follows:
-1216- 13. Nothing in this section shall be deemed to limit the
2right of a member, officer, or employee of the authority to
3acquire an interest in bonds or notes of the authority or to
4limit the right of a member, officer, or employee other than
5the executive director to have an interest in a financial
6institution, including a lending institution, in which the
7funds of the authority are, or are to be, deposited or which
8is, or is to be, acting as trustee or paying agent under a trust
9indenture to which the authority is a party.
104. The executive director shall not have an interest in
11a financial institution, including a lending institution, in
12which the funds of the authority are, or are to be, deposited
13or which is, or is to be, acting as trustee or paying agent
14under a trust indenture to which the authority is a party. The
15executive director shall not receive, in addition to fixed
16salary or compensation, any money or valuable thing, either
17directly or indirectly, or through any substantial interest
18in any other corporation or business unit, for negotiating,
19procuring, recommending, or aiding in any purchase or sale
20of property, or loan, made by the authority, nor shall the
21executive director be pecuniarily interested, either as
22principal, coprincipal, agent, or beneficiary, either directly
23or indirectly, or through any substantial interest in any other
24corporation or business unit, in any such purchase, sale, or
25loan.
26 Sec. 2145. Section 16.57A, subsection 2, Code 2023, is
27amended to read as follows:
282. Notwithstanding section 8.39, and any other law to
29the contrary, with the prior written consent and approval of
30the governor, the executive director of the authority may
31transfer any unobligated and unencumbered moneys in any fund
32created pursuant to section 16.5, subsection 1, paragraph “s”,
33for deposit in the disaster recovery housing assistance fund
34created in section 16.57B. The prior written consent and
35approval of the director of the department of management shall
-1217-1not be required to transfer the unobligated and unencumbered
2moneys.
3 Sec. 2146. Section 16.134, subsection 9, paragraph b,
4subparagraph (3), Code 2023, is amended to read as follows:
5(3) The executive director of the authority or the executive
6 director’s designee.
7 Sec. 2147. Section 16.134, subsection 10, paragraph a, Code
82023, is amended to read as follows:
9a. A water quality financing review committee is created
10consisting of the secretary of agriculture or the secretary’s
11designee, the executive director of the authority or the
12executive director’s designee, and the director of the
13department of natural resources or the director’s designee.
14 Sec. 2148. Section 257C.7, Code 2023, is amended to read as
15follows:
16257C.7 Staff.
17The executive director and staff of the Iowa finance
18authority, pursuant to chapter 16, shall also serve as
19executive director and staff of the advance funding authority,
20respectively. The executive director shall not, directly or
21indirectly, exert influence to induce any other officers or
22employees of the state to adopt a political view, or to favor a
23political candidate for office.
24 Sec. 2149. Section 257C.12, subsections 1 and 3, Code 2023,
25are amended to read as follows:
261. If a member or employee other than the executive
27 director of the authority has an interest, either direct or
28indirect, in a contract to which the authority is or is to be
29a party, the interest shall be disclosed to the authority in
30writing and shall be set forth in the minutes of a meeting
31of the authority. The member having the interest shall
32not participate in action by the board with respect to that
33contract.
343. The executive director shall not have an interest in
35a bank or other financial institution in which the funds of
-1218-1the authority are deposited or which is acting as trustee or
2paying agent under a trust indenture to which the authority is
3a party. The executive director shall not receive, in addition
4to fixed salary or compensation, any money or valuable thing,
5either directly or indirectly, or through any substantial
6interest in any other corporation or business unit, for
7negotiating, procuring, recommending, or aiding in any loan
8made by the authority, nor shall the executive director be
9pecuniarily interested, either as principal, co-principal,
10agent, or beneficiary, either directly or indirectly or through
11any substantial interest in any other corporation or business
12unit, in any loan.
13 Sec. 2150. Section 418.5, subsection 2, paragraph f, Code
142023, is amended to read as follows:
15f. The executive director of the Iowa finance authority or
16the executive director’s designee.
17 Sec. 2151. Section 466B.3, subsection 4, paragraph j, Code
182023, is amended to read as follows:
19j. The executive director of the Iowa finance authority or
20the executive director’s designee.
21DIVISION VI
22ECONOMIC DEVELOPMENT AUTHORITY — PARTNER STATE PROGRAM
23 Sec. 2152. NEW SECTION. 15.421 Partner state program.
241. a. A partner state program is created which shall be
25administered by the authority. The purpose of the partner
26state program is to establish and maintain relationships
27between the state and foreign countries, provinces, states,
28regions, oblasts, municipalities, districts, divisions,
29counties, prefectures, towns, cities, villages, boroughs,
30and any other similar political subdivisions to facilitate
31mutually beneficial exchanges, collaboration, and cooperation
32with regard to agriculture, culture, education, manufacturing,
33science and technology, sports and recreation, tourism, and the
34arts.
35b. A partner state relationship must be formalized in a
-1219-1partner state agreement approved by the governor.
2c. A partner state agreement may be modified or terminated
3only with the approval of the governor.
42. a. A partner state program fund is created in the state
5treasury under the control of the authority and consisting of
6any moneys appropriated to the fund by the general assembly
7and any other moneys available and obtained or accepted by the
8authority for placement in the fund. The fund shall be used
9to administer the partner state program. The authority shall
10use any moneys specifically appropriated for purposes of this
11section only for the purposes of this section.
12b. Notwithstanding section 12C.7, subsection 2, interest
13or earnings on moneys in the fund shall accrue to the
14authority and shall be used for purposes of this section.
15Notwithstanding section 8.33, moneys in the fund at the end of
16each fiscal year shall not revert to any other fund but shall
17remain in the fund for expenditure for subsequent fiscal years.
18 Sec. 2153. EFFECTIVE DATE. This division of this Act, being
19deemed of immediate importance, takes effect upon enactment.
20 Sec. 2154. APPLICABILITY. This division of this Act applies
21to all of the following:
221. Sister state agreements entered into by the state before
23the effective date of this division of this Act including
24agreements with the following:
25a. China, Hebei Province.
26b. Italy, Veneto Region.
27c. Japan, Yamanashi Prefecture.
28d. Republic of Kosovo.
29e. Mexico, Yucatan.
30f. Taiwan.
31g. Ukraine, Cherkasy Oblast.
322. Partner state agreement entered into by the state on or
33after the effective date of this division of this Act.
34DIVISION VII
35PUBLIC EMPLOYMENT RELATIONS BOARD
-1220-1 Sec. 2155. Section 7E.6, subsection 5, Code 2023, is amended
2to read as follows:
35. Any position of membership on the board of parole, the
4public employment relations board, the utilities board, the
5employment appeal board, and the property assessment appeal
6board shall be compensated as otherwise provided in law.
7 Sec. 2156. Section 20.1, subsection 2, paragraph g, Code
82023, is amended by striking the paragraph.
9 Sec. 2157. Section 20.5, Code 2023, is amended to read as
10follows:
1120.5 Public employment relations board.
121. There is established a board to be known as the “Public
13Employment Relations Board”.
14a. The board shall consist of three members appointed by the
15governor, subject to confirmation by the senate. In selecting
16the members of the board, consideration shall be given to
17their knowledge, ability, and experience in the field of
18labor-management relations. No more than two members shall be
19of the same political affiliation, and no member shall engage
20in any political activity while holding office and the members
21shall devote full time to their duties.
22b. The members shall be appointed for staggered terms of
23four years beginning and ending as provided in section 69.19.
24c. The member first appointed for a term of four years shall
25serve as chairperson and each of the member’s successors shall
26also serve as chairperson.
27d. Any vacancy occurring shall be filled in the same manner
28as regular appointments are made.
292. The governor shall appoint an executive director of the
30board, subject to confirmation by the senate, who shall serve
31at the pleasure of the governor. The executive director shall
32serve as the executive officer of the board. In selecting
33the executive director, consideration shall be given to the
34person’s knowledge, ability, and experience in the field of
35labor-management relations. The governor shall set the salary
-1221-1of the executive director within the applicable salary range
2established by the general assembly.
32. 3. The board may employ such persons as are necessary
4for the performance of its functions. Personnel of the board
5shall be employed pursuant to the provisions of chapter 8A,
6subchapter IV.
73. 4. The chairperson and the remaining two members
8shall be compensated as provided in section 7E.6, subsection
95. Members of the board and employees of the board shall
10be allowed their actual and necessary expenses incurred in
11the performance of their duties and may be entitled to per
12diem compensation as authorized under section 7E.6. All
13expenses and salaries shall be paid from appropriations for
14such purposes and the board shall be subject to the budget
15requirements of chapter 8.
165. The board shall meet at least quarterly and at the call
17of the chairperson.
18 Sec. 2158. Section 20.6, subsection 1, Code 2023, is amended
19to read as follows:
201. Administer the provisions of this chapter and delegate
21the powers and duties of the board to the executive director or
22persons employed by the board, as appropriate.
23 Sec. 2159. Section 20.11, subsection 5, Code 2023, is
24amended to read as follows:
255. The board’s review of proposed decisions and the
26rehearing or judicial review of final decisions is governed by
27the provisions of chapter 17A.
28 Sec. 2160. Section 20.13, subsection 3, Code 2023, is
29amended by striking the subsection.
30 Sec. 2161. NEW SECTION. 20.34 Judicial review.
31Notwithstanding chapter 17A, in a petition for judicial
32review of a decision of the board in a contested case under
33this chapter, the opposing party shall be named the respondent,
34and the board shall not be named as a respondent. Judicial
35review of agency action by the board under this chapter is not
-1222-1subject to chapter 17A.
2DIVISION VIII
3DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT
4 Sec. 2162. Section 16.57B, subsection 4, Code 2023, is
5amended to read as follows:
64. Registration required. To be considered for a forgivable
7loan or grant under the program, a homeowner or renter must
8register for the disaster case management advocacy program
9established pursuant to section 29C.20B. The disaster case
10manager may refer the homeowner or renter to the appropriate
11local program administrator.
12 Sec. 2163. Section 29C.8, subsection 1, Code 2023, is
13amended to read as follows:
141. The department of homeland security and emergency
15management shall be under the management of a director who
16shall be appointed by the governor, subject to confirmation
17by the senate, and who shall serve at the pleasure of the
18governor.
19 Sec. 2164. Section 29C.20A, subsections 2, 4, and 5, Code
202023, are amended to read as follows:
212. The grant funds shall be administered by the department
22of human services. The department shall adopt rules to create
23the Iowa disaster aid individual assistance grant program. The
24rules shall specify the eligibility of applicants and eligible
25items for grant funding. The executive council shall use
26grant funds to reimburse the department of human services for
27its actual expenses associated with the administration of the
28grants. The department of human services may implement an
29ongoing contract with a provider or providers of a statewide
30program with local offices throughout the state to serve as the
31local administrative entity for the grant program so that the
32program can be implemented with minimal delay when a disaster
33occurs in a local area. The rules adopted by the department
34of human services for the program shall include but are not
35limited to all of the following:
-1223- 1a. If a local administrative entity is under contract with
2the state to provide other services or is implementing a state
3or federal program and the contract contains a sufficient
4surety bond or other adequate financial responsibility
5provision, the department shall accept the existing surety
6bond or financial responsibility provision in lieu of applying
7a new or additional surety bond or financial responsibility
8requirement.
9b. If the president of the United States has declared a
10major disaster to exist in this state and federal aid is made
11available to provide assistance grants to individuals similar
12to that provided by the Iowa disaster aid individual assistance
13grant program, the Iowa program shall be discontinued.
14c. Authorization for the local administrative entity to draw
15grant funding to pay valid claims on at least a weekly basis.
164. A recipient of grant funding shall receive reimbursement
17for expenses upon presenting a receipt for an eligible expense
18or shall receive a voucher through a voucher system developed
19by the department of human services and administered locally
20within the designated disaster area. A voucher system shall
21ensure sufficient data collection to discourage and prevent
22fraud. The department shall consult with long-term disaster
23recovery committees and disaster recovery case management
24committees in developing a voucher system.
255. The department of human services shall submit an annual
26report, by January 1 of each year, to the legislative fiscal
27committee and the general assembly’s standing committees on
28government oversight concerning the activities of the grant
29program in the previous fiscal year.
30 Sec. 2165. Section 29C.20B, Code 2023, is amended to read
31as follows:
3229C.20B Disaster case management advocacy grant fund and
33program.
341. a. A disaster case management advocacy grant fund is
35created in the state treasury for the use of the executive
-1224-1council. Moneys in the fund shall be expended if grants are
2awarded pursuant to section 29C.20A available following the
3governor’s proclamation 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
7meet disaster-related case management advocacy needs of
8disaster-affected individuals. The aggregate total of grants
9awarded shall not be more than one million dollars during a
10fiscal year. However, within the same fiscal year, additional
11funds may be specifically authorized by the executive council
12to meet additional needs. Upon request of the department of
13human 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 human services shall work with the
17department of homeland security and emergency management
18and, as selected by the department of human services, a
19representative representatives of selected nonprofit,
20voluntary, and faith-based organizations active in disaster
21recovery and response to establish a statewide system of
22disaster case management advocacy to be activated following
23the governor’s proclamation of a disaster emergency or the
24declaration of a major disaster by the president of the United
25States for individual assistance purposes.
262. The department of human services shall administer
27disaster case management advocacy grants. The department
28of human services, in conjunction with the department of
29homeland security and emergency management, shall establish
30a disaster case management advocacy program and adopt rules
31pursuant to chapter 17A necessary to administer the program.
32The executive council shall use grant moneys to reimburse the
33department of human services for actual expenses associated
34with the administration of the grants. Under the program, the
35department of human services shall coordinate case management
-1225-1 advocacy services locally through one or more contracted
2entities. The department of human services shall may implement
3an ongoing contract with a provider of a statewide program
4with local offices throughout the state to serve as the
5local 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 human services, in conjunction with the
11department of homeland security and emergency management and
12a representative in consultation with representatives of the
13Iowa voluntary organizations active in disaster, shall adopt
14rules pursuant to chapter 17A to create coordination mechanisms
15and standards for the establishment and implementation of
16a statewide system of disaster case management advocacy.
17The rules adopted by the department of human services for
18the program shall include but are not limited to all of the
19following:
20a. If a local administrative entity is under contract with
21the state to provide other services or is implementing a state
22or federal program and the contract contains a sufficient
23surety bond or other adequate financial responsibility
24provisions, the department shall accept the existing surety
25bond or financial responsibility provisions in lieu of applying
26a new or additional surety bond or financial responsibility
27requirement.
28b. Authorization for the local administrative entity to draw
29down grant funding to pay valid claims on at least a weekly
30basis.
31c. Disaster case management advocacy standards.
32d. Disaster case management advocacy policies.
33e. Reporting requirements.
34f. Eligibility criteria.
35g. Coordination mechanisms necessary to carry out the
-1226-1services provided.
2h. Development of formal working relationships with agencies
3and creation of interagency agreements for those considered to
4provide disaster case management advocacy services.
5i. Establishment of nonduplication of benefits policies and
6mechanisms for the exchange of information between agencies to
7ensure compliance with the federal Health Insurance Portability
8and Accountability Act of 1996, Pub.L. No.104-191, 110 Stat.
91936 (1996).
10j. Referral to all known available services for individuals
11from multiple agencies in coordinated service locations.
124. By January 1 of each year, the department of human
13services shall submit an annual written report to the
14legislative fiscal committee and the general assembly’s
15standing committees on government oversight concerning the
16activities of the grant program during the previous fiscal
17year.
18DIVISION IX
19DEPARTMENT OF VETERANS AFFAIRS
20 Sec. 2166. Section 7E.5, subsection 1, paragraph v, Code
212023, is amended to read as follows:
22v. The department of veterans affairs. However, the
23commission of veterans affairs created in section 35A.2 shall
24have created in section 35A.4, which has primary responsibility
25for state veterans affairs.
26 Sec. 2167. Section 11.5B, subsection 7, Code 2023, is
27amended to read as follows:
287. Iowa veterans home Department of veterans affairs.
29 Sec. 2168. Section 16.2D, subsection 2, paragraph b,
30subparagraph (9), Code 2023, is amended to read as follows:
31(9) The director commandant of the department of veterans
32affairs or the director’s commandant’s designee.
33 Sec. 2169. Section 35A.1, subsection 1, Code 2023, is
34amended to read as follows:
351. “Commandant” means the commandant of the Iowa veterans
-1227-1home appointed in section 35D.13 appointed pursuant to section
235A.8.
3 Sec. 2170. Section 35A.1, subsection 5, Code 2023, is
4amended by striking the subsection.
5 Sec. 2171. Section 35A.2, subsections 1 and 3, Code 2023,
6are amended to read as follows:
71. A commission of veterans affairs is created consisting of
8eleven persons who shall be appointed by the governor, subject
9to confirmation by the senate. Members shall be appointed to
10staggered terms of four years beginning and ending as provided
11in section 69.19. The governor shall fill a vacancy for the
12unexpired portion of the term. In addition to the members
13appointed by the governor, the director of the department and
14 the commandant of the Iowa veterans home shall serve as a
15 nonvoting, ex officio members member of the commission.
163. a. The commissioners are entitled to receive
17reimbursement for actual expenses incurred while engaged in the
18performance of official duties. Each member of the commission
19may also be eligible to receive compensation as provided in
20section 7E.6.
21b. The executive director, commandant, and employees of the
22department and the Iowa veterans home are entitled to receive,
23in addition to salary, reimbursement for actual expenses
24incurred while engaged in the performance of official duties.
25c. All out-of-state travel by commissioners shall be
26approved by the chairperson of the commission.
27 Sec. 2172. Section 35A.3, subsection 4, Code 2023, is
28amended by striking the subsection and inserting in lieu
29thereof the following:
304. Review and approve applications for distributions
31of moneys from the veterans license fee fund pursuant to
32section 35A.11 and the veterans trust fund pursuant to section
3335A.13 for the benefit of veterans, spouses of veterans, and
34dependents of veterans.
35 Sec. 2173. Section 35A.4, Code 2023, is amended to read as
-1228-1follows:
235A.4 Department established.
3There is established an Iowa department of veterans affairs
4which shall consist of a commandant, a commission, an executive
5director, and any additional personnel as employed by the
6executive director commandant.
7 Sec. 2174. Section 35A.5, subsection 10, paragraph d, Code
82023, is amended to read as follows:
9d. The department through the director commandant shall have
10the authority to accept suitable cemetery land, in accordance
11with federal veterans cemetery grant guidelines, from the
12federal government, state government, state subdivisions,
13private sources, and any other source wishing to transfer land
14for use as a veterans cemetery.
15 Sec. 2175. Section 35A.5, subsection 12, Code 2023, is
16amended to read as follows:
1712. Adopt rules pursuant to chapter 17A and establish policy
18for the management and operation of the department, for the
19facilitation of programs under the department’s authority, and
20for the performance of duties established under this section.
21Prior to adopting rules, the department shall submit proposed
22rules to the commission for review and approval pursuant to the
23requirements of section 35A.3.
24 Sec. 2176. Section 35A.8, Code 2023, is amended to read as
25follows:
2635A.8 Executive director Commandant — term — duties.
271. The governor shall appoint an executive director a
28commandant, subject to confirmation by the senate, who shall
29serve at the pleasure of the governor. The executive director
30 commandant is responsible for administering the duties of the
31department and the commission other than those related to the
32Iowa veterans home.
332. The executive director commandant shall be a resident
34of the state of Iowa and an honorably discharged veteran who
35served in the armed forces of the United States during a
-1229-1conflict or war. As used in this section, the dates of service
2in a conflict or war shall coincide with the dates of service
3established by the Congress of the United States.
43. Except for the employment duties and responsibilities
5assigned to the commandant for the Iowa veterans home, the
6executive director The commandant shall employ such personnel
7as are necessary for the performance of the duties and
8responsibilities assigned to the department and the commission.
9All employees shall be selected on a basis of fitness for
10the work to be performed with due regard to training and
11experience and shall be subject to the provisions of chapter
128A, subchapter IV.
13 Sec. 2177. Section 35D.1, subsection 2, Code 2023, is
14amended to read as follows:
152. As used in this chapter:
16a. “Commandant” means the commandant of the Iowa veterans
17home appointed pursuant to section 35D.13 35A.8.
18b. “Commission” means the commission of veterans affairs
19established in section 35A.2.
20c. “Department” means the department of veterans affairs
21established in section 35A.4.
22c. d. “Member” means a patient or resident of the home.
23 Sec. 2178. Section 35D.5, Code 2023, is amended to read as
24follows:
2535D.5 Surviving spouses of veterans.
26If a deceased veteran, who would be entitled to admission
27to the home if the deceased veteran were living, has left a
28surviving spouse, the spouse is entitled to admission to the
29home with the same rights, privileges, and benefits as if the
30veteran were living and a member of the home, if the spouse
31was married to the veteran for at least one year immediately
32prior to the veteran’s death, is found by the commandant
33 department to be disabled, meets the qualifications for nursing
34or residential level of care, and is a resident of the state of
35Iowa on the date of the application and immediately preceding
-1230-1the date the application is accepted.
2 Sec. 2179. Section 35D.7, Code 2023, is amended to read as
3follows:
435D.7 Contributing to own support.
51. Except as otherwise provided in chapter 249A and other
6provisions of this chapter, a member of the home who receives
7a pension, compensation, or gratuity from the United States
8government, or income from any source of more than one hundred
9forty dollars per month, shall contribute to the member’s own
10maintenance or support while a member of the home. The amount
11of the contribution and the method of collection shall be
12determined by the commandant department, but the amount shall
13in no case exceed the actual cost of keeping and maintaining
14the person in the home.
152. Sums paid to and received by the commandant department
16 for the support of members of the home shall be considered
17repayment receipts as defined in section 8.2 and credited to
18the Iowa veterans home account referred to in section 35D.18,
19subsection 3.
203. The commandant department may allow any member of the
21home to render assistance in the care of the home and its
22grounds as the member’s psychosocial and physical condition
23permit, as a phase of that member’s rehabilitation program.
24The commandant department shall compensate each member who
25furnishes assistance at rates approved by the commission.
26 Sec. 2180. Section 35D.10, Code 2023, is amended to read as
27follows:
2835D.10 Payment to spouse.
29Except as otherwise provided in chapter 249A and other
30provisions of this chapter, a member of the home who receives a
31pension or compensation and who has a spouse shall deposit with
32the commandant department on receipt of the member’s pension or
33compensation check one-half of its amount, which shall be sent
34by the eighth day of the month or at once if any such pension
35or compensation is received after the eighth day of the month
-1231-1to the spouse.
2 Sec. 2181. Section 35D.11, Code 2023, is amended to read as
3follows:
435D.11 Handling of pension money and other funds.
51. Pension money deposited with the commandant department
6 is not assignable for any purpose except as provided in section
735D.10, or in accordance with subsection 2 of this section.
82. The commandant department, if authorized by a member of
9the home, and pursuant to policies adopted by the commission,
10may act on behalf of that member in receiving, disbursing, and
11accounting for personal funds of the member received from any
12source. The authorization may be given by the member at any
13time and shall not be a condition of admission to the home.
14 Sec. 2182. Section 35D.12, Code 2023, is amended to read as
15follows:
1635D.12 Bank account for members’ deposits.
171. a. The Iowa veterans home, for the convenience of its
18members, may maintain a commercial account with a federally
19insured bank for the individual personal deposits of its
20members. The account shall be known as the Iowa veterans
21home membership account. The commandant department shall
22record each member’s personal deposits individually and shall
23deposit the funds in the membership account, where the members’
24deposits shall be held in the aggregate.
25b. The Iowa veterans home may withdraw moneys from the
26account maintained pursuant to this subsection to establish
27certificates of deposit for the benefit of all members. The
28commission department shall adopt rules pursuant to chapter 17A
29for the administration of this paragraph.
302. The commandant department, if authorized by a member of
31the home, and pursuant to policies adopted by the commission,
32may make withdrawals against that member’s personal account to
33pay regular bills and other expenses incurred by the member.
34The authorization may be given by the member at any time and
35shall not be a condition of admission to the home.
-1232-1 Sec. 2183. Section 35D.15, subsection 1, Code 2023, is
2amended to read as follows:
31. The commandant shall administer and enforce all rules
4adopted by the commission, including rules of discipline and,
5subject to these rules, may immediately suspend the membership
6of and discharge any person from the home for infraction of
7the rules when the commandant department determines that the
8health, safety, or welfare of the residents of the home is in
9immediate danger and other reasonable alternatives have been
10exhausted. The suspension and discharge are temporary pending
11action by the commission. Judicial review of the action of the
12commission may be sought in accordance with chapter 17A.
13 Sec. 2184. Section 35D.15, subsection 2, paragraphs a, b, d,
14and f, Code 2023, are amended to read as follows:
15a. The commandant department shall, with the input
16and recommendation of the interdisciplinary resident care
17committee, involuntarily discharge a member for any of the
18following reasons:
19(1) (a) The member has been diagnosed with a substance use
20disorder but continues to abuse alcohol or an illegal drug in
21violation of the member’s conditional or provisional agreement
22entered into at the time of admission, and all of the following
23conditions are met:
24(i) The member has been provided sufficient notice of any
25changes in the member’s collaborative care plan.
26(ii) The member has been notified of the member’s commission
27of three offenses and has been given the opportunity to correct
28the behavior through either of the following options:
29(A) Being given the opportunity to receive the appropriate
30level of treatment in accordance with best practices for
31standards of care.
32(B) By having been placed on probation by the Iowa veterans
33home for a second offense.
34(b) Notwithstanding the member’s meeting the criteria
35for discharge under this subparagraph (1), if the member
-1233-1has demonstrated progress toward the goals established in
2the member’s collaborative care plan, the interdisciplinary
3resident care committee and the commandant department may
4exercise discretion regarding the discharge. Notwithstanding
5any provision to the contrary, the member may be immediately
6discharged under this subparagraph (1) if the member’s actions
7or behavior jeopardizes the life or safety of other members or
8staff.
9(2) (a) The member refuses to utilize the resources
10available to address issues identified in the member’s
11collaborative care plan, and all of the following conditions
12are met:
13(i) The member has been provided sufficient notice of any
14changes in the member’s collaborative care plan.
15(ii) The member has been notified of the member’s commission
16of three offenses and the member has been placed on probation
17by the Iowa veterans home for a second offense.
18(b) Notwithstanding the member’s meeting the criteria
19for discharge under this subparagraph (2), if the member
20has demonstrated progress toward the goals established in
21the member’s collaborative care plan, the interdisciplinary
22resident care committee and the commandant department may
23exercise discretion regarding the discharge. Notwithstanding
24any provision to the contrary, the member may be immediately
25discharged if the member’s actions or behavior jeopardizes the
26life or safety of other members or staff.
27(3) The member no longer requires a residential or nursing
28level of care, as determined by the interdisciplinary resident
29care committee.
30(4) The member requires a level of licensed care not
31provided at the Iowa veterans home.
32b. (1) If a member is discharged under this subsection,
33the discharge plan shall include placement in a suitable
34living situation which may include but is not limited to
35a transitional living program approved by the commission
-1234-1or a living program provided by the United States veterans
2administration.
3(2) If a member is involuntarily discharged under this
4subsection, the commission department shall, to the greatest
5extent possible, ensure against the veteran being homeless and
6ensure that the domicile to which the veteran is discharged is
7fit and habitable and offers a safe and clean environment which
8is free from health hazards and provides appropriate heating,
9ventilation, and protection from the elements.
10d. Annually, by the fourth Monday of each session of the
11general assembly, the commandant department shall submit a
12report to the veterans affairs committees of the senate and
13house of representatives specifying the number, circumstances,
14and placement of each member involuntarily discharged from the
15Iowa veterans home under this subsection during the previous
16calendar year.
17f. Any involuntary discharge by the commandant department
18 under this subsection shall comply with the rules adopted by
19the commission under this subsection and by the department of
20inspections and appeals pursuant to section 135C.14, subsection
218, paragraph “f”.
22 Sec. 2185. Section 35D.17, Code 2023, is amended to read as
23follows:
2435D.17 Report by commandant department.
25The commandant department shall, biennially, make a full
26and detailed report to the governor, the commission, and the
27general assembly, showing the condition of the home, the
28number of members in the Iowa veterans home, the order and
29discipline enforced, and the needs of the home financially and
30otherwise, together with an itemized statement of all receipts
31and disbursements and any other matters of importance in the
32management and control of the Iowa veterans home.
33 Sec. 2186. REPEAL. Sections 35D.13 and 35D.14, Code 2023,
34are repealed.
35DIVISION X
-1235-1OFFICE OF DRUG CONTROL POLICY
2 Sec. 2187. Section 80.4, subsection 1, Code 2023, is amended
3by adding the following new paragraph:
4 NEW PARAGRAPH. g. Office of drug control policy.
5 Sec. 2188. Section 80.5, Code 2023, is amended by adding the
6following new subsection:
7 NEW SUBSECTION. 10. The department shall receive and review
8the budget submitted by the drug policy director and assist the
9drug policy director in directing the office of drug control
10policy pursuant to section 80E.1.
11 Sec. 2189. Section 80E.1, Code 2023, is amended to read as
12follows:
1380E.1 Drug policy coordinator director.
141. The office of drug control policy is established in
15the department of public safety.A drug policy coordinator
16 director shall be appointed by the governor, subject to
17confirmation by the senate, and shall serve at the pleasure of
18the governor commissioner of the department of public safety.
19The governor shall fill a vacancy in the office in the same
20manner as the original appointment was made. The coordinator
21 director shall be selected primarily for administrative
22ability. The coordinator director shall not be selected on
23the basis of political affiliation and shall not engage in
24political activity while holding the office. The salary of the
25coordinator shall be fixed by the governor.
262. The coordinator director shall:
27a. Direct the governor’s office of drug control policy,
28and coordinate and monitor all statewide drug enforcement
29efforts, coordinate and monitor all state and federal substance
30use disorder treatment grants and programs, coordinate and
31monitor all statewide substance abuse use disorder prevention
32and education programs in communities and schools, and engage
33in such other related activities as required by law. The
34coordinator director shall work in coordinating the efforts of
35the department of corrections, the department of education,
-1236-1the Iowa department of public health, the department of public
2safety, and the department of health and human services. The
3coordinator director shall assist in the development and
4implementation of local and community strategies to fight
5substance abuse use disorder, including local law enforcement,
6education, and treatment activities.
7b. Submit an annual report to the governor and general
8assembly by November 1 of each year concerning the activities
9and programs of the coordinator director and other departments
10related to drug enforcement, substance use disorder treatment
11programs, and substance abuse use disorder prevention and
12education programs. The report shall include an assessment
13of needs with respect to programs related to substance use
14disorder treatment and drug enforcement.
15c. Submit an advisory budget recommendation to the governor
16and general assembly concerning enforcement programs, treatment
17programs, and education programs related to drugs within the
18various departments. The coordinator director shall work
19with these departments in developing the departmental budget
20requests to be submitted to the legislative services agency and
21the general assembly.
223. The governor’s office of drug control policy shall be
23an independent office, located at the same location as the
24department of public safety. Administrative support services
25may shall be provided to the governor’s office of drug control
26policy by the department of public safety.
27 Sec. 2190. Section 80E.4, Code 2023, is amended to read as
28follows:
2980E.4 Drug abuse resistance education fund.
30A drug abuse resistance education fund is created as a
31separate fund in the state treasury under the control of the
32governor’s office department of public safety for the office
33 of drug control policy for use by the drug abuse resistance
34education program and other programs with a similar purpose.
35The fund shall consist of appropriations made to the fund
-1237-1and transfers of interest, moneys collected from the crime
2services surcharge established in section 911.1, and earnings.
3All moneys in the fund are appropriated to the governor’s
4office of drug control policy department of public safety.
5Notwithstanding section 8.33, any balance in the fund on June
630 of any fiscal year shall not revert to any other fund of the
7state but shall remain available for the purposes described in
8this section.
9 Sec. 2191. Section 124.101, subsection 22, Code 2023, is
10amended to read as follows:
1122. “Office” means the governor’s office of drug control
12policy, as referred to in section 80E.1.
13DIVISION XI
14DEPARTMENT OF WORKFORCE DEVELOPMENT
15PRIMARY DEPARTMENT RESPONSIBILITIES
16 Sec. 2192. Section 84A.5, subsection 3, Code 2023, is
17amended to read as follows:
183. The department of workforce development is responsible
19for administration of unemployment compensation benefits
20and collection of employer contributions under chapter 96,
21providing for the delivery of free public employment services
22established pursuant to chapter 96, other job placement and
23training programs established pursuant to section 84A.6,
24employment agencies under chapter 84H, and the delivery of
25services located throughout the state.
26 Sec. 2193. Section 84A.5, subsection 7, Code 2023, is
27amended by adding the following new paragraphs:
28 NEW PARAGRAPH. f. The statewide work-based learning
29intermediary network program under section 84A.16.
30 NEW PARAGRAPH. g. The new jobs training program under
31chapter 260E, in consultation with the community colleges.
32 NEW PARAGRAPH. h. The Iowa jobs training act under chapter
33260F.
34 NEW PARAGRAPH. i. The workforce development fund program
35under chapter 84F.
-1238-1 NEW PARAGRAPH. j. The accelerated career education
2program under chapter 260G, in coordination with the community
3colleges.
4 NEW PARAGRAPH. k. The older American community service
5employment program under section 84A.17.
6 NEW PARAGRAPH. l. The apprenticeship training program under
7chapter 84D.
8 NEW PARAGRAPH. m. The future ready Iowa registered
9apprenticeship development program under section 84E.1.
10 NEW PARAGRAPH. n. The future ready Iowa expanded registered
11apprenticeship opportunities program under section 84E.2.
12 NEW PARAGRAPH. o. Adult education and literacy programs
13under section 84A.19.
14REGIONAL INDUSTRY SECTOR PARTNERSHIPS
15 Sec. 2194. Section 260H.2, subsection 2, paragraph a, Code
162023, is amended to read as follows:
17a. A pathways for academic career and employment fund is
18created for the community colleges in the state treasury to be
19administered by the department of education and the department
20of workforce development. The moneys in the pathways for
21academic career and employment fund are appropriated to the
22department of education for the pathways for academic career
23and employment program.
24 Sec. 2195. Section 260H.7B, Code 2023, is amended to read
25as follows:
26260H.7B Regional industry sector partnerships.
271. A community college and the department of workforce
28development may use moneys for the pathways for academic career
29and employment program to provide staff and support for the
30development and implementation of a regional industry sector
31partnerships partnership within the each region served by
32the each community college. For purposes of this section,
33“community college” means the same as defined in section 260C.2.
342. Regional, A regional industry sector partnerships
35 partnership may include but are engage in but is not limited to
-1239-1the following activities:
2a. Bringing together Collaborating with representatives
3from industry sectors, government, education, local workforce
4boards, community-based organizations, labor, economic
5development organizations, and other stakeholders within the
6regional labor market to determine how pathways for academic
7career and employment projects should address workforce skills
8gaps, occupational shortages, and wage gaps.
9b. Integrating pathways for academic career and employment
10projects and other existing supply-side strategies with
11workforce needs within the region served by the community
12college in that region.
13c. Developing pathways for academic career and employment
14projects that focus on the workforce skills, from entry level
15to advanced, required by industry sectors within the region
16served by the community college.
17d. Structuring pathways so that instruction and learning of
18 workforce skills are aligned with industry-recognized standards
19where such standards exist.
20 Sec. 2196. Section 260H.8, Code 2023, is amended to read as
21follows:
22260H.8 Rules.
23The department of education, in consultation with the
24community colleges, the economic development authority, and the
25department of workforce development, shall adopt rules pursuant
26to chapter 17A and this chapter to implement the provisions of
27 this chapter. Local workforce development boards established
28pursuant to section 84A.4 shall be consulted in the development
29and implementation of rules to be adopted pursuant to this
30chapter section.
31 Sec. 2197. CODE EDITOR DIRECTIVE.
321. The Code editor is directed to make the following
33transfer:
34Section 260H.7B to section 84A.15.
352. The Code editor shall correct internal references in the
-1240-1Code and in any enacted legislation as necessary due to the
2enactment of this section.
3 Sec. 2198. TRANSITION PROVISIONS. A regional industry
4sector partnership entered into by a community college prior
5to the effective date of this division of this Act shall be
6valid and continue per the terms of the agreement between the
7community college and the partnership.
8STATEWIDE WORK-BASED LEARNING INTERMEDIARY NETWORK
9 Sec. 2199. Section 256.40, Code 2023, is amended to read as
10follows:
11256.40 Statewide work-based learning intermediary network —
12fund — steering committee — regional networks.
131. A statewide work-based learning intermediary network
14program is established in the department of workforce
15development and shall be administered by the department. A
16separate, statewide work-based learning intermediary network
17fund is created in the state treasury under the control of the
18department of workforce development. The fund shall consist
19of all moneys deposited in the fund, including any moneys
20appropriated by the general assembly and any other moneys
21available to and obtained or accepted by the department of
22workforce development from federal or private sources for
23purposes of the program. Notwithstanding section 8.33, moneys
24in the fund at the end of a fiscal year shall not revert to
25the general fund of the state. Notwithstanding section 12C.7,
26subsection 2, interest or earnings on moneys in the fund shall
27be credited to the fund.
282. The purpose of the program shall be to prepare students
29for the workforce by connecting business and the education
30system facilitating cooperation and collaboration between
31businesses and entities within the state system of education,
32as that state system of education is described in section
33256.1, subsection 1, and offering to offer relevant, work-based
34learning activities to students and teachers. The program
35shall do all of the following:
-1241- 1a. Better prepare Prepare students to make informed
2postsecondary education and career decisions.
3b. Provide communication and coordination in order to build
4and sustain relationships between employers and local youth,
5the state system of education system, and the community at
6large.
7c. Connect students to local career opportunities within the
8state, creating economic capital for the region state using a
9skilled and available workforce.
10d. Provide a one-stop contact point for information
11useful to both educators and employers, including information
12on related to internships, job shadowing experiences,
13apprenticeable occupations as defined in section 15B.2,
14and other workplace learning opportunities for students,
15particularly including those related to occupations in
16 science, technology, engineering, or mathematics occupations,
17occupations related to critical infrastructure, and commercial
18and residential construction, or and targeted industries as
19defined in section 15.102.
20e. Integrate services provided through the program with
21other career exploration-related activities, which may include
22but are not limited to the a student’s career and academic
23plans and career information and decision-making systems
24utilized in accordance with under section 279.61.
25f. Facilitate the attainment of portable credentials of
26value to employers such as the national career readiness
27certificate, where appropriate.
28g. Develop work-based capacity with employers.
29h. Provide core services, which may include student job
30shadowing, student internships, and teacher or student tours.
313. a. The department of workforce development shall
32establish and facilitate a steering committee comprised of
33representatives from the department of workforce development
34 education, the economic development authority, the community
35colleges, the institutions under the control of the state board
-1242-1of regents, accredited private institutions, area education
2agencies, school districts, the workplace learning connection,
3and an apprenticeship sponsor as defined in section 15B.2. The
4steering committee shall be responsible for the development
5and implementation of the statewide work-based learning
6intermediary network.
74. b. The steering committee shall develop a design for
8a statewide network comprised of fifteen regional work-based
9learning intermediary networks. The design shall include
10network specifications, strategic functions, and desired
11outcomes. The steering committee shall recommend program
12parameters and reporting requirements to the department of
13workforce development.
145. 4. Each regional network shall establish an advisory
15council to provide advice and assistance to the regional
16network. The advisory council shall include representatives of
17business and industry, including construction trade industry
18professionals, and shall meet at least annually.
196. 5. Each regional network or consortium of networks shall
20annually submit a work-based learning plan to the department of
21workforce development. Each plan shall include provisions to
22provide core services referred to in subsection 2, paragraph
23“h”, to all school districts within the region and for the
24integration of job shadowing and other work-based learning
25activities into secondary career and technical education
26programs.
277. 6. a. Moneys Upon approval by the department of
28workforce development of a region’s work-based learning plan
29submitted pursuant to subsection 5, moneys deposited in the
30statewide work-based learning intermediary network fund created
31in subsection 1 shall be distributed annually by the department
32of workforce development to each region for the implementation
33of the statewide work-based learning intermediary network upon
34approval by the department of the region’s work-based learning
35plan submitted pursuant to subsection 6.
-1243- 1b. If the balance in the statewide work-based learning
2intermediary network fund on July 1 of a fiscal year is one
3million five hundred thousand dollars or less, the department
4of workforce development shall distribute moneys in the fund to
5regions or consortiums of regions on a competitive basis. If
6the balance in the statewide work-based learning intermediary
7network fund on July 1 of a fiscal year is greater than one
8million five hundred thousand dollars, the department of
9workforce development shall distribute one hundred thousand
10dollars to each region and distribute the remaining moneys
11pursuant to the same formula established for distribution of
12funds by the department of education in section 260C.18C.
138. 7. The department of workforce development shall provide
14oversight of the statewide work-based learning intermediary
15network. The department of workforce development shall require
16each region to submit an annual report on its the region’s
17 ongoing implementation of the statewide work-based learning
18intermediary network program to the department.
199. 8. Each regional network shall match the moneys received
20pursuant to subsection 7 6 with financial resources equal to at
21least twenty-five percent of the amount of the moneys received
22pursuant to subsection 7 6. The financial resources used
23to provide the match may include private donations, in-kind
24contributions, or public moneys other than the moneys received
25pursuant to subsection 7 6.
2610. 9. The state board of education department of workforce
27development shall adopt rules under chapter 17A for the
28administration of this section.
29 Sec. 2200. CODE EDITOR DIRECTIVE.
301. The Code editor is directed to make the following
31transfer:
32Section 256.40, as amended in this division of this Act, to
33section 84A.16.
342. The Code editor shall correct internal references in the
35Code and in any enacted legislation as necessary due to the
-1244-1enactment of this section.
2INDUSTRIAL NEW JOBS TRAINING
3 Sec. 2201. Section 15A.7, subsection 3, Code 2023, is
4amended to read as follows:
53. That the employer shall agree to pay wages for the jobs
6for which the credit is taken of at least the laborshed wage,
7as calculated by the authority pursuant to section 15.327,
8subsection 15. For purposes of this subsection, “laborshed
9wage” means the wage level represented by those wages within
10two standard deviations from the mean wage within the laborshed
11area in which the eligible business is located, as calculated
12by the department of workforce development by rule, using the
13most current covered wage and employment data available to
14the department for the laborshed area.Eligibility for the
15supplemental credit shall be based on a one-time determination
16of starting wages by the community college.
17 Sec. 2202. Section 260E.7, Code 2023, is amended to read as
18follows:
19260E.7 Program review by economic development authority
20 department of workforce development.
211. The economic development authority department of
22workforce development, in consultation with the department of
23education, and the department of revenue, and the department
24of workforce development, shall coordinate and review the new
25jobs training program. The economic development authority
26 department of workforce development shall adopt, amend, and
27repeal rules under chapter 17A that the community college will
28use in developing projects with new and expanding industrial
29new jobs training proposals and that the economic development
30authority department of workforce development shall use to
31review and report on the new jobs training program as required
32in this section.
332. a. The authority department of workforce development,
34in consultation with the community colleges participating
35in the new jobs training program pursuant to this chapter,
-1245-1shall identify the information necessary to effectively
2coordinate and review the program, and the community colleges
3shall provide such information to the authority department.
4Using the information provided, the authority department, in
5consultation with the community colleges, shall issue a report
6on the effectiveness of the program.
7b. In coordinating and reviewing the program, the department
8of workforce development shall give due regard shall be given
9 to the confidentiality of certain information provided by the
10community colleges, and the authority shall comply with the
11provisions of section 15.118 to the extent that such provisions
12are applicable to the new jobs training program.
133. The authority department of workforce development
14 is authorized to make any rule that is adopted, amended,
15or repealed effective immediately upon filing with the
16administrative rules coordinator or at a subsequent stated date
17prior to indexing and publication, or at a stated date less
18than thirty-five days after filing, indexing, and publication.
19 Sec. 2203. Section 403.21, subsections 2 and 3, Code 2023,
20are amended to read as follows:
212. The community college shall send a copy of the final
22agreement prepared pursuant to section 260E.3 to the economic
23development authority department of workforce development.
24For each year in which incremental property taxes are used to
25pay job training certificates issued for a project creating
26new jobs, the community college shall provide to the economic
27development authority department of workforce development
28 a report of the incremental property taxes and new jobs
29credits from withholding generated for that year, a specific
30description of the training conducted, the number of employees
31provided program services under the project, the median
32wage of employees in the new jobs in the project, and the
33administrative costs directly attributable to the project.
343. For each year in which incremental property taxes are
35used to retire debt service on a jobs training advance issued
-1246-1for a project creating new jobs, the community college shall
2provide to the economic development authority department of
3workforce development a report of the incremental property
4taxes and new jobs credits from withholding generated for that
5year, a specific description of the training conducted, the
6number of employees provided services under the project, the
7median wage of employees in the new jobs in the project, and
8the administrative costs directly attributable to the project.
9 Sec. 2204. Section 422.16A, Code 2023, is amended to read
10as follows:
11422.16A Job training withholding — certification and
12transfer.
13Upon the completion by a business of its repayment
14obligation for a training project funded under chapter 260E,
15including a job training project funded under section 15A.8
16or repaid in whole or in part by the supplemental new jobs
17credit from withholding under section 15A.7 or section 15E.197,
18Code 2014, the sponsoring community college shall report to
19the economic development authority department of workforce
20development the amount of withholding paid by the business
21to the community college during the final twelve months of
22withholding payments. The economic development authority
23 department of workforce development shall notify the department
24of revenue of that amount. The department of revenue shall
25credit to the workforce development fund account established in
26section 15.342A twenty-five percent of that amount each quarter
27for a period of ten years. If the amount of withholding from
28the business or employer is insufficient, the department of
29revenue shall prorate the quarterly amount credited to the
30workforce development fund account. The maximum amount from
31all employers which shall be transferred to the workforce
32development fund account in any year is seven million seven
33hundred fifty thousand dollars.
34 Sec. 2205. CODE EDITOR DIRECTIVE.
351. The Code editor is directed to make the following
-1247-1transfers:
2a. Section 15A.7 to section 260J.1.
3b. Section 15A.8 to section 260J.2.
42. The Code editor shall correct internal references in the
5Code and in any enacted legislation as necessary due to the
6enactment of this section.
7JOB TRAINING
8 Sec. 2206. Section 260F.2, subsection 2, Code 2023, is
9amended by striking the subsection.
10 Sec. 2207. Section 260F.2, subsections 4, 5, and 11, Code
112023, are amended to read as follows:
124. “Date of commencement of the project” means the date
13of the preliminary agreement or the date an application for
14assistance is received by the authority department.
155. “Eligible business” or “business” means a business
16training employees which is engaged in interstate or intrastate
17commerce for the purpose of manufacturing, processing, or
18assembling products, conducting research and development, or
19providing services in interstate commerce, but excludes retail,
20health, or professional services and which meets the other
21criteria established by the authority department. “Eligible
22business” does not include a business whose training costs can
23be economically funded under chapter 260E, a business which
24closes or substantially reduces its employment base in order
25to relocate substantially the same operation to another area
26of the state, or a business which is involved in a strike,
27lockout, or other labor dispute in Iowa.
2811. “Project” means a training arrangement which is the
29subject of an agreement entered into between the community
30college and a business to provide program services. “Project”
31also means a training arrangement which is sponsored by the
32authority department and administered under sections 260F.6A
33and 260F.6B.
34 Sec. 2208. Section 260F.2, Code 2023, is amended by adding
35the following new subsection:
-1248-1 NEW SUBSECTION. 4A. “Department” means the department of
2workforce development.
3 Sec. 2209. Section 260F.3, subsection 5, Code 2023, is
4amended to read as follows:
55. Other criteria established by the department of
6education.
7 Sec. 2210. Section 260F.6, subsections 1 and 2, Code 2023,
8are amended to read as follows:
91. There is established for the community colleges a job
10training fund in the economic development authority department
11of workforce development in the workforce development fund
12established in section 15.342A. The job training fund consists
13of moneys appropriated for the purposes of this chapter plus
14the interest and principal from repayment of advances made to
15businesses for program costs, plus the repayments, including
16interest, of loans made from that retraining fund, and interest
17earned from moneys in the job training fund.
182. To provide funds for the present payment of the costs
19of a training program by the business, the community college
20may provide to the business an advance of the moneys to be used
21to pay for the program costs as provided in the agreement.
22To receive the funds for this advance from the job training
23fund established in subsection 1, the community college shall
24submit an application to the authority department. The amount
25of the advance shall not exceed fifty thousand dollars for
26any business site, or one hundred thousand dollars within
27a three-fiscal-year period for any business site. If the
28project involves a consortium of businesses, the maximum award
29per project shall not exceed one hundred thousand dollars.
30Participation in a consortium does not affect a business
31site’s eligibility for individual project assistance. Prior
32to approval a business shall agree to match program amounts
33in accordance with criteria established by the authority
34 department.
35 Sec. 2211. Section 260F.6A, Code 2023, is amended to read
-1249-1as follows:
2260F.6A Business network training projects.
3The community colleges and the authority department are
4authorized to fund business network training projects which
5include five or more businesses and are located in two or more
6community college districts. A business network training
7project must have a designated organization or lead business
8to serve as the administrative entity that will coordinate the
9training program. The businesses must have common training
10needs and develop a plan to meet those needs. The authority
11 department shall adopt rules governing this section’s operation
12and participant eligibility.
13 Sec. 2212. Section 260F.6B, Code 2023, is amended to read
14as follows:
15260F.6B High technology apprenticeship program.
16The community colleges and the authority department
17 are authorized to fund high technology apprenticeship
18programs which comply with the requirements specified in
19section 260C.44 and which may include both new and statewide
20apprenticeship programs. Notwithstanding the provisions
21of section 260F.6, subsection 2, relating to maximum award
22amounts, moneys allocated to the community colleges with high
23technology apprenticeship programs shall be distributed to the
24community colleges based upon contact hours under the programs
25administered during the prior fiscal year as determined by
26the department of education. The authority department shall
27adopt rules governing this section’s operation and participant
28eligibility.
29 Sec. 2213. Section 260F.7, Code 2023, is amended to read as
30follows:
31260F.7 Authority to coordinate Coordination — department of
32workforce development.
33The authority department, in consultation with the
34department of education and the department of workforce
35development, shall coordinate the jobs training program. A
-1250-1project shall not be funded under this chapter unless the
2authority department approves the project. The authority
3 department shall adopt rules pursuant to chapter 17A governing
4the program’s operation and eligibility for participation in
5the program. The authority department shall establish by rule
6criteria for determining what constitutes an eligible business.
7 Sec. 2214. Section 260F.8, subsection 1, Code 2023, is
8amended to read as follows:
91. For each fiscal year, the authority department shall
10make funds available to the community colleges. The authority
11 department shall allocate by formula from the moneys in
12the fund an amount for each community college to be used to
13provide the financial assistance for proposals of businesses
14whose applications have been approved by the authority
15 department. The financial assistance shall be provided by
16the authority department from the amount set aside for that
17community college. If any portion of the moneys set aside for
18a community college have not been used or committed by May
191 of the fiscal year, that portion is available for use by
20the authority department to provide financial assistance to
21businesses applying to other community colleges. The authority
22 department shall adopt by rule a formula for this set-aside.
23 Sec. 2215. TRANSITION PROVISIONS.
241. A project that is entered into by a community college
25and a business under section 260F.3 prior to the effective
26date of this division of this Act shall be valid and continue
27as provided in the terms of the agreement and shall be
28administered by the department of workforce development.
292. A project sponsored by and administered under section
30260F.6A or 260F.6B by the economic development authority prior
31to the effective date of this division of this Act shall be
32valid and continue as provided by the terms of the training
33arrangement and shall be administered by the department of
34workforce development.
35WORKFORCE DEVELOPMENT FUND PROGRAM
-1251-1 Sec. 2216. Section 15.108, subsection 6, Code 2023, is
2amended by striking the subsection.
3 Sec. 2217. Section 15.341, Code 2023, is amended to read as
4follows:
515.341 Workforce development fund program.
6This part chapter shall be known as the “Workforce
7Development Fund” program.
8 Sec. 2218. Section 15.342, Code 2023, is amended to read as
9follows:
1015.342 Purpose.
11The purpose of this part chapter shall be to provide a
12mechanism for funding workforce development programs listed in
13section 15.343, subsection 2, in order to more efficiently meet
14the needs identified within those individual programs.
15 Sec. 2219. Section 15.342A, Code 2023, is amended to read
16as follows:
1715.342A Workforce development fund account.
181. A workforce development fund account is established in
19the office of the treasurer of state under the control of the
20authority department of workforce development. The account
21shall receive funds pursuant to section 422.16A.
222. For the fiscal year beginning July 1, 2014 2023,
23and for each fiscal year thereafter, there is annually
24appropriated from the workforce development fund account to the
25apprenticeship training program fund created in section 15B.3
26three million dollars for the purposes of chapter 15B.
273. For the fiscal year beginning July 1, 2014 2023, and for
28each fiscal year thereafter, there is annually appropriated
29from the workforce development fund account to the job training
30fund created in section 260F.6 four million seven hundred fifty
31thousand dollars for the purposes of chapter 260F.
32 Sec. 2220. Section 15.343, subsections 1 and 2, Code 2023,
33are amended to read as follows:
341. a. A workforce development fund is created as a
35revolving fund in the state treasury under the control of the
-1252-1authority department of workforce development consisting of any
2moneys appropriated by the general assembly for that purpose
3and any other moneys available to and obtained or accepted by
4the authority department of workforce development from the
5federal government or private sources for placement in the
6fund. The fund shall also include moneys appropriated to the
7fund from the workforce development fund account established
8in section 15.342A.
9b. Notwithstanding section 8.33, moneys in the workforce
10development fund at the end of each fiscal year shall not
11revert to any other fund but shall remain in the workforce
12development fund for expenditure for subsequent fiscal years.
132. The assets of the fund shall be used by the authority
14 department of workforce development for the following programs
15and purposes:
16a. Projects under chapter 260F. The authority department of
17workforce development shall require a match from all businesses
18participating in a training project under chapter 260F.
19b. Apprenticeship programs under section 260C.44, including
20new or statewide building trades apprenticeship programs.
21c. To cover the costs of the administration of workforce
22development programs and services available through the
23authority. A portion of these funds may be used to To support
24efforts by the community colleges to provide workforce services
25to Iowa employers.
26 Sec. 2221. Section 15.344, Code 2023, is amended to read as
27follows:
2815.344 Common system — assessment and tracking.
29The authority department of workforce development shall use
30information from the customer tracking system administered by
31the department of workforce development under section 84A.5 to
32determine the economic impact of the programs. To the extent
33possible, the authority department shall track individuals and
34businesses who have received assistance or services through
35the fund to determine whether the assistance or services have
-1253-1resulted in increased wages paid to the individuals or paid by
2the businesses.
3 Sec. 2222. CODE EDITOR DIRECTIVE.
41. The Code editor is directed to make the following
5transfers:
6a. Section 15.341 to section 84F.1.
7b. Section 15.342 to section 84F.2.
8c. Section 15.342A to section 84F.3.
9d. Section 15.343 to section 84F.4.
10e. Section 15.344 to section 84F.5.
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.
14ACCELERATED CAREER EDUCATION PROGRAM
15 Sec. 2223. Section 260G.3, subsection 2, unnumbered
16paragraph 1, Code 2023, is amended to read as follows:
17An agreement may include reasonable and necessary provisions
18to implement the accelerated career education program. If
19an agreement is entered into, the community college and the
20employer shall notify the department of revenue as soon as
21possible. The community college shall also file a copy of the
22agreement with the economic development authority department
23of workforce development as required in section 260G.4B. The
24agreement shall provide for program costs, including deferred
25costs, which may be paid from any of the following sources:
26 Sec. 2224. Section 260G.4B, Code 2023, is amended to read
27as follows:
28260G.4B Maximum statewide program job credit.
291. The total amount of program job credits from all
30employers which shall be allocated for all accelerated career
31education programs in the state in any one fiscal year shall
32not exceed five million four hundred thousand dollars. A
33community college shall file a copy of each agreement with
34the economic development authority department of workforce
35development. The authority department of workforce development
-1254-1 shall maintain an annual record of the proposed program job
2credits under each agreement for each fiscal year. Upon
3receiving a copy of an agreement, the authority department of
4workforce development shall allocate any available amount of
5program job credits to the community college according to the
6agreement sufficient for the fiscal year and for the term of
7the agreement. When the total available program job credits
8are allocated for a fiscal year, the authority department of
9workforce development shall notify all community colleges that
10the maximum amount has been allocated and that further program
11job credits will not be available for the remainder of the
12fiscal year. Once program job credits have been allocated to
13a community college, the full allocation shall be received by
14the community college throughout the fiscal year and for the
15term of the agreement even if the statewide program job credit
16maximum amount is subsequently allocated and used.
172. For the fiscal years beginning July 1, 2000, and
18July 1, 2001, the department of economic development shall
19allocate eighty thousand dollars of the first one million two
20hundred thousand dollars of program job credits authorized and
21available for that fiscal year to each community college. This
22allocation shall be used by each community college to provide
23funding for approved programs. For the fiscal year beginning
24July 1, 2002 2023, and for every fiscal year thereafter,
25the economic development authority department of workforce
26development shall divide equally among the community colleges
27thirty percent of the program job credits available for that
28fiscal year for allocation to each community college to be used
29to provide funding for approved programs. If any portion of
30the allocation to a community college under this subsection
31has not been committed by April 1 of the fiscal year for which
32the allocation is made, the uncommitted portion is available
33for use by other community colleges. Once a community college
34has committed its allocation for any fiscal year under this
35subsection, the community college may receive additional
-1255-1program job credit allocations from those program job credits
2authorized and still available for that fiscal year.
3 Sec. 2225. Section 260G.4C, Code 2023, is amended to read
4as follows:
5260G.4C Facilitator Administration and reporting.
6The economic development authority department of workforce
7development shall administer the statewide allocations of
8program job credits to accelerated career education programs.
9The authority department of workforce development shall provide
10information about the accelerated career education programs in
11accordance with its annual reporting requirements in section
1215.107B to the general assembly annually on or before March 15.
13 Sec. 2226. Section 260G.6, subsection 1, Code 2023, is
14amended to read as follows:
151. An accelerated career education fund is established
16in the state treasury under the control of the department of
17workforce development consisting of moneys appropriated to the
18fund for purposes of funding the cost of accelerated career
19education program capital projects.
20 Sec. 2227. TRANSITION PROVISIONS.
211. On the effective date of this division of this Act,
22all unencumbered and unobligated moneys remaining in the
23accelerated career education fund established in section 260G.6
24shall be under the control of the department of workforce
25development.
262. a. All agreements entered into by a community college
27under section 260G.3 prior to the effective date of this
28division of this Act shall be valid and continue as provided
29in the terms of the agreement.
30b. Job credits shall be honored per an agreement entered
31into under paragraph “a” that includes a provision for program
32job credits.
33OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM
34 Sec. 2228. Section 231.23A, subsection 2, Code 2023, is
35amended by striking the subsection.
-1256-1 Sec. 2229. Section 231.51, Code 2023, is amended to read as
2follows:
3231.51 Older American community service employment program.
41. The department of workforce development shall direct
5and administer the older American community service employment
6program as authorized by the federal Act in coordination with
7the department of workforce development Older Americans Act of
81965, 42 U.S.C. §3001 et seq., as amended.
92. The purpose of the program is to foster individual
10economic self-sufficiency and to increase the number of
11participants placed in unsubsidized employment in the public
12and private sectors while maintaining the community service
13focus of the program.
143. Funds appropriated to the department of workforce
15development from the United States department of labor shall
16be distributed to subgrantees in accordance with federal
17requirements.
184. The department of workforce development shall require
19such uniform reporting and financial accounting by subgrantees
20as may be necessary to fulfill the purposes of this section.
215. The older American community service employment program
22shall be coordinated with the federal Workforce Innovation and
23Opportunity Act administered by the department of workforce
24development.
25 Sec. 2230. REPEAL. Section 231.53, Code 2023, is repealed.
26 Sec. 2231. CODE EDITOR DIRECTIVE.
271. The Code editor is directed to make the following
28transfer:
29Section 231.51 to section 84A.17.
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.
33 Sec. 2232. TRANSITION PROVISIONS. On the effective date
34of this division of this Act, all unencumbered and unobligated
35moneys remaining in any account or fund under the control of
-1257-1the department on aging and relating to this division of this
2Act shall be transferred to a comparable fund or account under
3the control of the department of workforce development for
4purposes of this division of this Act. Notwithstanding section
58.33, the moneys transferred in accordance with this subsection
6shall not revert to the account or fund from which the moneys
7are appropriated or transferred.
8VOCATIONAL REHABILITATION
9 Sec. 2233. Section 19B.2, subsection 2, Code 2023, is
10amended to read as follows:
112. It is the policy of this state to permit special
12appointments by bypassing the usual testing procedures for any
13applicant for whom the division of vocational rehabilitation
14services of the department of education workforce development
15 or the department for the blind has certified the applicant’s
16disability and competence to perform the job. The department
17of administrative services, in cooperation with the department
18for the blind and the division of vocational rehabilitation
19services, shall develop appropriate certification procedures.
20This subsection should not be interpreted to bar promotional
21opportunities for persons who are blind or persons with
22physical or mental disabilities. If this subsection conflicts
23with any other provisions of this chapter, the provisions of
24this subsection govern.
25 Sec. 2234. Section 84A.1, subsection 4, Code 2023, is
26amended to read as follows:
274. The department of workforce development shall include
28the division of labor services, the division of workers’
29compensation, vocational rehabilitation services, and other
30divisions as appropriate.
31 Sec. 2235. Section 84A.1A, subsection 1, paragraph a,
32subparagraph (7), Code 2023, is amended to read as follows:
33(7) The administrator of the division of Iowa vocational
34rehabilitation services of the department of education
35 workforce development or the administrator’s designee.
-1258-1 Sec. 2236. Section 84A.4, subsection 2, paragraph b,
2subparagraph (4), subparagraph division (a), subparagraph
3subdivision (iii), Code 2023, is amended to read as follows:
4(iii) The members shall include at least one appropriate
5representative of the programs carried out under Tit.I of
6the federal Rehabilitation Act of 1973, as codified at 29
7U.S.C.§720 et seq., relating to vocational rehabilitation
8services, excluding 29 U.S.C.§732 and 741, serving the local
9workforce development area and nominated by the administrator
10of the division of vocational rehabilitation services of the
11department of education workforce development or director of
12the department for the blind, as appropriate.
13 Sec. 2237. Section 85.70, subsection 1, Code 2023, is
14amended to read as follows:
151. An employee who has sustained an injury resulting
16in permanent partial or permanent total disability, for
17which compensation is payable under this chapter other than
18an injury to the shoulder compensable pursuant to section
1985.34, subsection 2, paragraph “n”, and who cannot return
20to gainful employment because of such disability, shall upon
21application to and approval by the workers’ compensation
22commissioner be entitled to a one hundred dollar weekly
23payment from the employer in addition to any other benefit
24payments, during each full week in which the employee is
25actively participating in a vocational rehabilitation program
26recognized by the vocational rehabilitation services division
27of the department of education workforce development. The
28workers’ compensation commissioner’s approval of such
29application for payment may be given only after a careful
30evaluation of available facts, and after consultation with the
31employer or the employer’s representative. Judicial review
32of the decision of the workers’ compensation commissioner
33may be obtained in accordance with the terms of the Iowa
34administrative procedure Act, chapter 17A, and in section
3586.26. Such additional benefit payment shall be paid for a
-1259-1period not to exceed thirteen consecutive weeks except that
2the workers’ compensation commissioner may extend the period
3of payment not to exceed an additional thirteen weeks if the
4circumstances indicate that a continuation of training will in
5fact accomplish rehabilitation.
6 Sec. 2238. Section 256.1, subsection 1, paragraph d, Code
72023, is amended by striking the paragraph.
8 Sec. 2239. Section 256.35A, subsection 2, paragraph b, Code
92023, is amended to read as follows:
10b. In addition, representatives of the department of
11education, the division of vocational rehabilitation of the
12department of education workforce development, the department
13of public health, the department of human services, the Iowa
14developmental disabilities council, the division of insurance
15of the department of commerce, and the state board of regents
16shall serve as ex officio members of the advisory council. Ex
17officio members shall work together in a collaborative manner
18to serve as a resource to the advisory council. The council
19may also form workgroups as necessary to address specific
20issues within the technical purview of individual members.
21 Sec. 2240. Section 259.2, Code 2023, is amended to read as
22follows:
23259.2 Custodian of funds.
241. The treasurer of state is custodian of moneys received
25by the state from appropriations made by the Congress of the
26United States for the vocational rehabilitation of individuals
27with disabilities, and may receive and provide for the proper
28custody of the moneys and make disbursement of them the moneys
29 upon the requisition of the director of the department of
30education workforce development.
312. The treasurer of state is appointed custodian of moneys
32paid by the federal government to the state for the purpose of
33carrying out the agreement relative to making determinations
34of disability under Tit.II and Tit.XVI of the federal Social
35Security Act as amended, 42 U.S.C. ch.7, and may receive the
-1260-1moneys and make disbursements of them the moneys upon the
2requisition of the director of the department of education
3 workforce development.
4 Sec. 2241. Section 259.3, Code 2023, is amended to read as
5follows:
6259.3 Board and division Division of vocational
7rehabilitation services.
8The division of vocational rehabilitation services
9is established in the department of education workforce
10development. The director of the department of education
11 workforce development shall cooperate with the United States
12secretary of education in carrying out the federal law cited
13in sections 259.1 and 259.2 providing for the vocational
14rehabilitation of individuals with disabilities. The state
15board of education shall adopt rules under chapter 17A for the
16administration of this chapter.
17 Sec. 2242. Section 259.5, Code 2023, is amended to read as
18follows:
19259.5 Report to governor.
20The division of vocational rehabilitation services shall
21report biennially to the governor the condition of vocational
22rehabilitation within the state, designating the educational
23institutions, establishments, plants, factories, and other
24agencies in which training is being given, and include a
25detailed statement of expenditures of the state and federal
26funds in the rehabilitation of individuals with disabilities.
27 Sec. 2243. Section 259.6, Code 2023, is amended to read as
28follows:
29259.6 Gifts and donations.
30The division of vocational rehabilitation services may
31receive gifts and donations from either public or private
32sources offered unconditionally or under conditions related to
33the vocational rehabilitation of individuals with disabilities
34that are consistent with this chapter.
35 Sec. 2244. Section 259.7, Code 2023, is amended to read as
-1261-1follows:
2259.7 Fund.
3All the moneys received as gifts or donations shall be
4deposited in the state treasury and shall constitute a
5permanent fund to be called the special fund for the vocational
6rehabilitation of individuals with disabilities, to be used
7by the director of the department of education workforce
8development in carrying out the provisions of this chapter or
9for related purposes.
10 Sec. 2245. Section 259.8, Code 2023, is amended to read as
11follows:
12259.8 Report of gifts.
13A full report of all gifts and donations offered and
14accepted, together with the names of the donors name of each
15donor and the respective amounts amount contributed by each
16donor, and all disbursements from the special fund for the
17vocational rehabilitation of individuals with disabilities
18 shall be submitted at call or biennially to the governor of the
19state by the division department of workforce development.
20 Sec. 2246. NEW SECTION. 259.10 Rules.
21The department of workforce development shall adopt rules
22under chapter 17A for the administration of this chapter.
23 Sec. 2247. CODE EDITOR DIRECTIVE.
241. The Code editor is directed to make the following
25transfers:
26a. Section 259.1 to section 84G.1.
27b. Section 259.2 to section 84G.2.
28c. Section 259.3 to section 84G.3.
29d. Section 259.4 to section 84G.4.
30e. Section 259.5 to section 84G.5.
31f. Section 259.6 to section 84G.6.
32g. Section 259.7 to section 84G.7.
33h. Section 259.8 to section 84G.8.
34i. Section 259.9 to section 84G.9.
35j. Section 259.10 to section 84G.10.
-1262- 12. The Code editor shall correct internal references in the
2Code and in any enacted legislation as necessary due to the
3enactment of this section.
4 Sec. 2248. TRANSITION PROVISION. The agreement between the
5director of the department of education and the commissioner of
6the United States social security administration under section
7259.9 shall remain in full force and effect until amended,
8repealed, or supplemented by the United States social security
9administration or by the department of workforce development.
10APPRENTICESHIP TRAINING PROGRAM
11 Sec. 2249. Section 15.106A, subsection 2, paragraph a, Code
122023, is amended to read as follows:
13a. That through this section and section 15.106B, the
14authority has been granted broad general powers and specific
15program powers over all of the authority’s statutory programs,
16including but not limited to the programs created pursuant to
17chapters 15, 15A, 15B, 15C, 15E, and 15J.
18 Sec. 2250. Section 15B.2, subsection 5, Code 2023, is
19amended by striking the subsection.
20 Sec. 2251. Section 15B.2, Code 2023, is amended by adding
21the following new subsections:
22 NEW SUBSECTION. 6A. “Department” means the department of
23workforce development.
24 NEW SUBSECTION. 9A. “Targeted industries” means the
25industries of advanced manufacturing, biosciences, and
26information technology.
27 Sec. 2252. Section 15B.2, subsection 7, Code 2023, is
28amended to read as follows:
297. “Financial assistance” means assistance provided only
30from the funds, rights, and assets legally available to
31the authority department and includes but is not limited to
32assistance in the forms of grants, loans, forgivable loans, and
33royalty payments.
34 Sec. 2253. Section 15B.3, subsections 1, 2, 3, and 4, Code
352023, are amended to read as follows:
-1263- 11. An apprenticeship training program fund is created as a
2revolving fund in the state treasury under the control of the
3authority department.
42. The fund shall consist of moneys appropriated for
5purposes of the apprenticeship training program, and any other
6moneys lawfully available to the authority department for
7purposes of this chapter.
83. Moneys in the fund are appropriated to the authority
9 department for the purposes of this chapter.
104. No more than two percent of the total moneys deposited
11in the fund on July 1 of a fiscal year is appropriated to the
12authority department for the purposes of administering this
13chapter.
14 Sec. 2254. Section 15B.3, subsection 6, Code 2023, is
15amended by striking the subsection.
16 Sec. 2255. Section 15B.4, subsection 1, paragraph a, Code
172023, is amended to read as follows:
18a. An apprenticeship sponsor or lead apprenticeship
19sponsor that conducts an apprenticeship program that is
20registered with the United States department of labor, office
21of apprenticeship, through Iowa, for apprentices who will
22be employed at worksites located in this state may apply to
23the authority department for financial assistance under this
24section if the apprenticeship program includes a minimum of one
25hundred contact hours per apprentice for each training year of
26the apprenticeship program.
27 Sec. 2256. Section 15B.4, subsection 2, unnumbered
28paragraph 1, Code 2023, is amended to read as follows:
29The authority department shall provide financial assistance
30in the form of training grants to eligible apprenticeship
31sponsors or lead apprenticeship sponsors in the following
32manner:
33 Sec. 2257. Section 15B.4, subsection 3, unnumbered
34paragraph 1, Code 2023, is amended to read as follows:
35An apprenticeship sponsor or lead apprenticeship sponsor
-1264-1seeking financial assistance under this section shall provide
2the following information to the authority department:
3 Sec. 2258. Section 15B.4, subsection 3, paragraph e, Code
42023, is amended to read as follows:
5e. Any other information the authority department reasonably
6determines is necessary.
7 Sec. 2259. Section 15B.4, subsection 4, Code 2023, is
8amended to read as follows:
94. The apprenticeship sponsor or lead apprenticeship
10sponsor and the authority department shall enter into an
11agreement regarding the provision of any financial assistance
12to the apprenticeship sponsor or lead apprenticeship sponsor.
13 Sec. 2260. NEW SECTION. 15B.5 Rules.
14The department shall adopt rules to administer this chapter.
15 Sec. 2261. 2021 Iowa Acts, chapter 45, section 5, is amended
16to read as follows:
17SEC. 5. APPLICABILITY. This Act applies to financial
18assistance provided by the economic development authority to
19apprenticeship sponsors and lead apprenticeship sponsors that
20apply for financial assistance on or after July 1, 2021, and on
21or before June 30, 2023.
22 Sec. 2262. CODE EDITOR DIRECTIVE.
231. The Code editor is directed to make the following
24transfers:
25a. Section 15B.1 to section 84D.1.
26b. Section 15B.2 to section 84D.2.
27c. Section 15B.3 to section 84D.3.
28d. Section 15B.4 to section 84D.4.
29e. Section 15B.5 to section 84D.5.
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.
33 Sec. 2263. TRANSITION PROVISION. All agreements entered
34into by an apprenticeship sponsor or lead apprenticeship
35sponsor and the economic development authority regarding the
-1265-1provision of any financial assistance to the apprenticeship
2sponsor or lead apprenticeship sponsor prior to the effective
3date of this division of this Act shall be valid and continue
4as provided in the terms of the agreement.
5FUTURE READY IOWA REGISTERED APPRENTICESHIP DEVELOPMENT PROGRAM
6 Sec. 2264. Section 15C.1, subsection 1, paragraph f, Code
72023, is amended by striking the paragraph and inserting in
8lieu thereof the following:
9f. “Department” means the department of workforce
10development.
11 Sec. 2265. Section 15C.1, subsection 1, paragraphs g and h,
12Code 2023, are amended to read as follows:
13g. “Eligible apprenticeable occupation” means an
14apprenticeable occupation identified by the workforce
15development board or a community college pursuant to section
1684A.1B, subsection 14, as a high-demand job, after consultation
17with the authority.
18h. “Financial assistance” means assistance provided only
19from the funds, rights, and assets legally available to
20the authority department and includes but is not limited
21to assistance in the form of a reimbursement grant to
22support the costs associated with establishing a new
23eligible apprenticeable occupation or an additional eligible
24apprenticeable occupation in an applicant’s apprenticeship
25program.
26 Sec. 2266. Section 15C.1, subsection 2, Code 2023, is
27amended to read as follows:
282. Program created. Subject to an appropriation of funds
29by the general assembly for this purpose, a future ready Iowa
30registered apprenticeship development program is created
31which shall be administered by the authority department. The
32purpose of the program is to provide financial assistance to
33incentivize small and medium-sized apprenticeship sponsors to
34establish new or additional eligible apprenticeable occupations
35in the apprenticeship sponsor’s apprenticeship program in order
-1266-1to support the growth of apprenticeship programs and expand
2high-quality work-based learning experiences in high-demand
3fields and careers for persons who are employed in eligible
4apprenticeable occupations in Iowa.
5 Sec. 2267. Section 15C.1, subsection 3, unnumbered
6paragraph 1, Code 2023, is amended to read as follows:
7An apprenticeship sponsor may apply to the authority
8 department, on forms provided by the authority department and
9in accordance with the authority’s department’s instructions,
10to receive financial assistance under the program. The
11authority department shall provide upon request and on the
12authority’s department’s internet site information about the
13program, the application, application instructions, and the
14application period established each year for funding available
15under the program. The application shall include a description
16of how the financial assistance awarded under this section
17would be used to establish an apprenticeship program or add new
18or additional apprenticeable occupations to the apprenticeship
19sponsor’s apprenticeship program and the anticipated program
20expenses identified by the applicant.
21 Sec. 2268. Section 15C.1, subsection 3, paragraph a,
22subparagraphs (1) and (2), Code 2023, are amended to read as
23follows:
24(1) Twenty or fewer apprentices are registered in the
25existing apprenticeship program as of December 31 of the
26calendar year prior to the date the authority department
27 receives the apprenticeship sponsor’s application.
28(2) More than seventy percent of the applicant’s
29apprentices shall be are residents of Iowa, and the remainder
30of the applicant’s apprentices shall be are residents of states
31contiguous to Iowa. In determining the number of apprentices
32in an applicant’s apprenticeship program, the authority
33 department may calculate the average number of apprentices in
34the program within the most recent two-year period.
35 Sec. 2269. Section 15C.1, subsections 4 and 5, Code 2023,
-1267-1are amended to read as follows:
24. Rules. The authority department shall adopt rules
3pursuant to chapter 17A establishing a staff review and
4application approval process, application scoring criteria, the
5minimum score necessary for approval of financial assistance,
6procedures for notification of an award of financial
7assistance, the terms of agreement between the apprenticeship
8sponsor and the authority department, and any other rules
9deemed necessary for the implementation and administration of
10this section.
115. Agreement. Prior to distributing financial assistance
12under this section, the authority department shall enter
13into an agreement with the apprenticeship sponsor awarded
14financial assistance in accordance with this section, and the
15financial assistance recipient shall confirm the expenses for
16establishing the program or adding the additional occupations
17as identified in the approved application, and shall meet all
18terms established by the authority department for receipt of
19financial assistance under this section.
20 Sec. 2270. Section 15C.1, subsection 6, paragraph b, Code
212023, is amended to read as follows:
22b. Notwithstanding section 8.33, moneys appropriated to the
23authority department by the general assembly for purposes of
24this section that remain unencumbered or unobligated at the
25end of the fiscal year shall not revert to the general fund
26but shall remain available for expenditure for the purposes
27designated in subsequent fiscal years.
28 Sec. 2271. CODE EDITOR DIRECTIVE.
291. The Code editor is directed to make the following
30transfer:
31Section 15C.1 to section 84E.1.
322. The Code editor shall correct internal references in the
33Code and in any enacted legislation as necessary due to the
34enactment of this section, including references to chapter 15C.
35 Sec. 2272. TRANSITION PROVISION. All agreements entered
-1268-1into by an apprenticeship sponsor and the economic development
2authority under section 15C.1, subsection 5, prior to the
3effective date of this division of this Act shall be valid and
4continue as provided in the terms of the agreement.
5FUTURE READY IOWA EXPANDED REGISTERED APPRENTICESHIP
6OPPORTUNITIES PROGRAM
7 Sec. 2273. Section 15C.2, subsection 1, paragraph e, Code
82023, is amended by striking the paragraph and inserting in
9lieu thereof the following:
10e. “Department” means the department of workforce
11development.
12 Sec. 2274. Section 15C.2, subsection 1, paragraph h, Code
132023, is amended to read as follows:
14h. “Financial assistance” means assistance provided only
15from the funds, rights, and assets legally available to
16the authority department and includes but is not limited
17to assistance in the form of a reimbursement grant of one
18thousand dollars per apprentice in an eligible apprenticeable
19occupation.
20 Sec. 2275. Section 15C.2, subsection 2, Code 2023, is
21amended to read as follows:
222. Program created. Subject to an appropriation of funds
23by the general assembly for this purpose, a future ready Iowa
24expanded registered apprenticeship opportunities program
25is created which shall be administered by the authority
26 department. The purpose of the program is to provide
27financial assistance to encourage apprenticeship sponsors of
28apprenticeship programs with twenty or fewer apprentices to
29maintain apprenticeship programs in high-demand occupations.
30 Sec. 2276. Section 15C.2, subsection 3, unnumbered
31paragraph 1, Code 2023, is amended to read as follows:
32An eligible apprenticeship sponsor may apply to the
33authority department, on forms provided by the authority
34 department and in accordance with the authority’s department’s
35 instructions, to receive financial assistance under the
-1269-1program. The authority department shall provide upon request
2and on the authority’s department’s internet site information
3about the program, the application, application instructions,
4and the application period established each year for funding
5available under the program.
6 Sec. 2277. Section 15C.2, subsection 3, paragraph a,
7subparagraphs (1) and (2), Code 2023, are amended to read as
8follows:
9(1) Twenty or fewer apprentices are registered in the
10apprenticeship program as of December 31 of the calendar
11year prior to the date the authority department receives the
12eligible apprenticeship sponsor’s application.
13(2) More than seventy percent of the applicant’s
14apprentices are residents of Iowa, and the remainder of the
15applicant’s apprentices are residents of states contiguous
16to Iowa. In determining the number of apprentices in an
17applicant’s apprenticeship program, the authority department
18 may calculate the average number of apprentices in the program
19within the most recent two-year period.
20 Sec. 2278. Section 15C.2, subsections 4 and 5, Code 2023,
21are amended to read as follows:
224. Rules. The authority department shall adopt rules
23pursuant to chapter 17A establishing a staff review and
24application approval process, application scoring criteria, the
25minimum score necessary for approval of financial assistance,
26procedures for notification of an award of financial
27assistance, the terms of agreement between the apprenticeship
28sponsor and the authority department, and any other rules
29deemed necessary for the implementation and administration of
30this section.
315. Agreement. Prior to distributing financial assistance
32under this section, the authority department shall enter into
33an agreement with the eligible apprenticeship sponsor awarded
34financial assistance in accordance with this section, and
35the financial assistance recipient shall confirm the number
-1270-1of apprentices in eligible apprenticeable occupations as
2identified in the approved application, and shall meet all
3terms established by the authority department for receipt of
4financial assistance under this section.
5 Sec. 2279. Section 15C.2, subsection 7, paragraph b, Code
62023, is amended to read as follows:
7b. Notwithstanding section 8.33, moneys appropriated to the
8authority department by the general assembly for purposes of
9this section that remain unencumbered or unobligated at the
10end of the fiscal year shall not revert to the general fund
11but shall remain available for expenditure for the purposes
12designated in subsequent fiscal years.
13 Sec. 2280. CODE EDITOR DIRECTIVE.
141. The Code editor is directed to make the following
15transfer:
16Section 15C.2 to section 84E.2.
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, including references to chapter 15C.
20 Sec. 2281. TRANSITION PROVISION. All agreements entered
21into by an apprenticeship sponsor and the economic development
22authority under section 15C.2, subsection 5, regarding the
23provision of any financial assistance to the apprenticeship
24sponsor prior to the effective date of this division of this
25Act shall be valid and continue as provided in the terms of the
26agreement.
27EMPLOYMENT AGENCIES
28 Sec. 2282. Section 94A.1, subsection 2, Code 2023, is
29amended to read as follows:
302. “Commissioner” “Director” means the labor commissioner,
31appointed pursuant to section 91.2, director of the department
32of workforce development or the labor commissioner’s director’s
33 designee.
34 Sec. 2283. Section 94A.2, Code 2023, is amended to read as
35follows:
-1271- 194A.2 Licensing.
21. An employment agency shall obtain a license from the
3commissioner director prior to transacting any business.
4Licenses expire on June 30 of each year.
52. A license application shall be in the form prescribed by
6the commissioner director and shall be accompanied by all of
7the following:
8a. A surety company bond in the sum of thirty thousand
9dollars, to be approved by the commissioner director and
10conditioned to pay any damages that may accrue to any person
11due to a wrongful act or violation of law on the part of the
12applicant in the conduct of business.
13b. The schedule of fees to be charged by the employment
14agency.
15c. All contract forms to be signed by an employee.
16d. An application fee of seventy-five dollars.
173. The commissioner director shall grant or deny a license
18within thirty days from the filing date of a completed
19application.
204. The commissioner director may revoke, suspend, or annul a
21license in accordance with chapter 17A upon good cause pursuant
22to rules adopted by the director.
23 Sec. 2284. Section 94A.4, subsection 4, paragraph d, Code
242023, is amended to read as follows:
25d. Charge an employee any fee greater than the fee schedule
26on file with the commissioner director without prior consent
27of the commissioner director.
28 Sec. 2285. Section 94A.5, Code 2023, is amended to read as
29follows:
3094A.5 Powers and duties of the commissioner director.
311. At any time, the commissioner The director may examine
32the records, books, and any papers relating to the conduct and
33operation of an employment agency at any time.
342. The commissioner shall adopt rules pursuant to chapter
3517A to administer this chapter.
-1272-1 Sec. 2286. Section 94A.6, Code 2023, is amended to read as
2follows:
394A.6 Violations.
41. A person who violates a provision of this chapter or who
5refuses the commissioner director access to records, books, and
6papers pursuant to an examination under section 94A.5 shall be
7guilty of a simple misdemeanor.
82. If a person violates a provision of this chapter or
9refuses the commissioner director access to records, books,
10and papers pursuant to an examination under section 94A.5, the
11commissioner director shall assess a civil penalty against the
12person in an amount not greater than two thousand dollars.
13 Sec. 2287. NEW SECTION. 94A.7 Rules.
141. The director shall adopt rules pursuant to chapter 17A to
15administer this chapter.
162. The director may establish rules pursuant to chapter
1717A to assess and collect interest on fees and penalties owed
18to the department of workforce development. The director may
19delay or, following written notice, deny the issuance of a
20license, if the applicant for the license owes a debt to the
21department of workforce development.
22 Sec. 2288. CODE EDITOR DIRECTIVE.
231. The Code editor is directed to make the following
24transfers:
25a. Section 94A.1 to section 84H.1.
26b. Section 94A.2 to section 84H.2.
27c. Section 94A.3 to section 84H.3.
28d. Section 94A.4 to section 84H.4.
29e. Section 94A.5 to section 84H.5.
30f. Section 94A.6 to section 84H.6.
31g. Section 94A.7 to section 84H.7.
322. The Code editor shall correct internal references in the
33Code and in any enacted legislation as necessary due to the
34enactment of this section.
35REPORTS AND RECORDS
-1273-1 Sec. 2289. Section 91.12, Code 2023, is amended to read as
2follows:
391.12 Reports and records to division of labor services.
41. An owner, operator, or manager of every factory,
5mill, workshop, mine, store, railway, business house, public
6or private work, or any other establishment where labor is
7employed, shall submit to the division of labor services
8 department of workforce development reports in the form
9and manner prescribed by the commissioner director of the
10department of workforce development by rule, for the purpose of
11compiling labor statistics. The owner, operator, or business
12manager shall submit the reports within sixty days from receipt
13of notice, and shall certify under oath the accuracy of the
14reports. For purposes of this section, “factory”, “mill”,
15“workshop”, “mine”, “store”, “railway”, “business house”, and
16“public or private work” shall mean any factory, mill, workshop,
17mine, store, railway, business house, or public or private work
18where wage earners are employed for compensation.
192. Notwithstanding chapter 22, records containing submitted
20under subsection 1 that contain identifiable financial
21institution or credit card account numbers obtained by the
22commissioner shall be kept confidential.
233. a. Any officer or employee of the department of
24workforce development who makes unlawful use of a report
25submitted under subsection 1 shall be guilty of a serious
26misdemeanor.
27b. Any person who has access to a report submitted under
28subsection 1 who makes unlawful use of the report shall be
29guilty of a serious misdemeanor.
30c. Any owner, operator, or manager of a factory, mill,
31workshop, mine, store, railway, business house, or public or
32private work who fails to submit the report required under
33subsection 1 shall be guilty of a simple misdemeanor.
344. The director of the department of workforce development
35shall adopt rules pursuant to chapter 17A to administer this
-1274-1section.
2 Sec. 2290. CODE EDITOR DIRECTIVE.
31. The Code editor is directed to make the following
4transfer:
5Section 91.12 to section 84A.18.
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.
9ADULT EDUCATION
10 Sec. 2291. NEW SECTION. 84A.19 Adult education and literacy
11programs.
121. For purposes of this section, unless the context
13otherwise requires:
14a. “Adult education and literacy programs” means adult basic
15education, adult education leading to a high school equivalency
16diploma under chapter 259A, English as a second language
17instruction, and workplace and family literacy instruction.
18b. “Community colleges” means the same as defined in section
19260C.2.
202. The department of workforce development and community
21colleges shall jointly implement adult education and literacy
22programs to assist adults and youths sixteen years of age and
23older who are not in school in obtaining the knowledge and
24skills necessary for further education, work, and community
25involvement.
263. The department of workforce development, in consultation
27with community colleges, shall prescribe standards for adult
28education and literacy programs including but not limited
29to contextualized and integrated instruction, assessments,
30instructor qualification and professional development, data
31collection and reporting, and performance benchmarks.
324. The department of workforce development, in consultation
33with community colleges, shall adopt rules pursuant to chapter
3417A to administer this section.
35 Sec. 2292. Section 260C.50, Code 2023, is amended to read
-1275-1as follows:
2260C.50 Adult education and literacy programs.
31. For purposes of this section, “adult education and
4literacy programs” means adult basic education, adult education
5leading to a high school equivalency diploma under chapter
6259A, English as a second language instruction, workplace and
7family literacy instruction, or integrated basic education and
8technical skills instruction.
92. The department and the community colleges shall jointly
10implement adult education and literacy programs to assist
11adults and youths sixteen years of age and older who are not
12in school in obtaining the knowledge and skills necessary for
13further education, work, and community involvement.
143. The state board, in consultation with the community
15colleges, shall prescribe standards for adult education and
16literacy programs including but not limited to contextualized
17and integrated instruction, assessments, instructor
18qualification and professional development, data collection and
19reporting, and performance benchmarks.
204. The state board, in consultation with the community
21colleges, shall adopt rules pursuant to chapter 17A to
22administer this section.
23DIVISION XII
24DEPARTMENT OF REVENUE
25IOWA LOTTERY
26 Sec. 2293. Section 7E.6, subsection 3, Code 2023, is amended
27to read as follows:
283. Any position of membership on the board of the Iowa
29lottery authority board created in section 99G.8 shall receive
30compensation of fifty dollars per day and expenses.
31 Sec. 2294. Section 68B.35, subsection 2, paragraph e, Code
322023, is amended to read as follows:
33e. Members of the state banking council, the Iowa ethics
34and campaign disclosure board, the credit union review board,
35the economic development authority, the employment appeal
-1276-1board, the environmental protection commission, the health
2facilities council, the Iowa finance authority, the Iowa public
3employees’ retirement system investment board, the board of
4the Iowa lottery authority board created in section 99G.8, the
5natural resource commission, the board of parole, the petroleum
6underground storage tank fund board, the public employment
7relations board, the state racing and gaming commission, the
8state board of regents, the transportation commission, the
9office of consumer advocate, the utilities board, the Iowa
10telecommunications and technology commission, and any full-time
11members of other boards and commissions as defined under
12section 7E.4 who receive an annual salary for their service
13on the board or commission. The Iowa ethics and campaign
14disclosure board shall conduct an annual review to determine
15if members of any other board, commission, or authority should
16file a statement and shall require the filing of a statement
17pursuant to rules adopted pursuant to chapter 17A.
18 Sec. 2295. Section 99B.1, subsection 22, Code 2023, is
19amended to read as follows:
2022. “Merchandise” means goods or services that are bought
21and sold in the regular course of business. “Merchandise”
22includes lottery tickets or shares sold or authorized under
23chapter 99G. The value of the lottery ticket or share is the
24price of the lottery ticket or share as established by the Iowa
25lottery authority department of revenue pursuant to chapter
2699G. “Merchandise” includes a gift card if the gift card is not
27redeemable for cash.
28 Sec. 2296. Section 99G.1, Code 2023, is amended to read as
29follows:
3099G.1 Title.
31This chapter may be cited as the “Iowa Lottery Authority
32 Act”.
33 Sec. 2297. Section 99G.2, subsection 2, Code 2023, is
34amended by striking the subsection.
35 Sec. 2298. Section 99G.3, subsections 2 and 4, Code 2023,
-1277-1are amended by striking the subsections.
2 Sec. 2299. Section 99G.3, Code 2023, is amended by adding
3the following new subsections:
4 NEW SUBSECTION. 1A. “Administrator” means the administrator
5of the Iowa lottery appointed pursuant to section 99G.5.
6 NEW SUBSECTION. 4A. “Department” means the department of
7revenue.
8 NEW SUBSECTION. 4B. “Director” means the director of the
9department of revenue or the director’s designee.
10 NEW SUBSECTION. 4C. “Division” means the Iowa lottery
11division of the department of revenue.
12 Sec. 2300. Section 99G.3, subsections 3, 7, 14, and 18, Code
132023, are amended to read as follows:
143. “Board” means the board of directors of the authority
15 Iowa lottery created in section 99G.8.
167. “Lottery”, “lotteries”, “lottery game”, “lottery games”,
17or “lottery products” means any game of chance approved by the
18board and operated pursuant to this chapter and games using
19mechanical or electronic devices, provided that the authority
20 division shall not authorize a monitor vending machine or a
21player-activated gaming machine that utilizes an internal
22randomizer to determine winning and nonwinning plays and that
23upon random internal selection of a winning play dispenses
24coins, currency, or a ticket, credit, or token to the player
25that is redeemable for cash or a prize, and excluding gambling
26or gaming conducted pursuant to chapter 99B, 99D, or 99F.
2714. “Retailer” means a person who sells lottery tickets
28or shares on behalf of the authority division pursuant to a
29license issued by the authority department.
3018. “Vendor” means a person who provides or proposes to
31provide goods or services to the authority department pursuant
32to a major procurement contract, but does not include an
33employee of the authority department under this chapter, a
34retailer, or a state agency or instrumentality thereof.
35 Sec. 2301. Section 99G.3, subsection 8, Code 2023, is
-1278-1amended by striking the subsection.
2 Sec. 2302. Section 99G.4, Code 2023, is amended to read as
3follows:
499G.4 Iowa lottery authority created.
51. An Iowa lottery authority is created, effective
6September 1, 2003, which shall administer the state lotterybe
7administered by the division. The authority shall be deemed to
8be a public authority and an instrumentality of the state, and
9not a state agency. However, the authority shall be considered
10a state agency for purposes of chapters 17A, 21, 22, 28E, 68B,
1191B, 97B, 509A, and 669.
122. The income and property of the authority department under
13this chapter shall be exempt from all state and local taxes,
14and the sale of lottery tickets and shares issued and sold by
15the authority division and its retail licensees shall be exempt
16from all state and local sales taxes.
17 Sec. 2303. Section 99G.5, Code 2023, is amended by striking
18the section and inserting in lieu thereof the following:
1999G.5 Lottery administrator.
201. An administrator of the lottery under this chapter shall
21be appointed by the governor subject to confirmation by the
22senate and shall serve at the pleasure of the governor. The
23administrator shall be qualified by training and experience to
24manage a lottery.
252. The salary of the lottery administrator shall be set by
26the governor within the applicable salary range established by
27the general assembly.
283. The lottery administrator shall be an employee of the
29department and shall direct the day-to-day operations and
30management of the lottery under this chapter as specified by
31the director.
32 Sec. 2304. Section 99G.6, Code 2023, is amended to read as
33follows:
3499G.6 Power to administer oaths and take testimony —
35subpoena.
-1279- 1The chief executive officer administrator or the chief
2executive officer’s administrator’s designee if authorized
3to conduct an inquiry, investigation, or hearing under
4this chapter may administer oaths and take testimony under
5oath relative to the matter of inquiry, investigation, or
6hearing. At a hearing ordered by the chief executive officer
7 administrator, the chief executive officer administrator or the
8designee may subpoena witnesses and require the production of
9records, paper, or documents pertinent to the hearing.
10 Sec. 2305. Section 99G.7, subsection 1, unnumbered
11paragraph 1, Code 2023, is amended to read as follows:
12The chief executive officer of the authority administrator
13 shall direct and supervise all administrative and technical
14activities in accordance with the provisions of this
15chapter and with the administrative rules, policies, and
16procedures adopted by the board. The chief executive officer
17 administrator shall do all of the following:
18 Sec. 2306. Section 99G.7, subsection 1, paragraphs b and c,
19Code 2023, are amended by striking the paragraphs.
20 Sec. 2307. Section 99G.7, subsection 1, paragraphs d, e, f,
21g, and i, Code 2023, are amended to read as follows:
22d. Promote or provide for promotion of the lottery and any
23functions related to the authority division under this chapter.
24e. Prepare a budget for the approval of the board director
25for activities of the division under this chapter.
26f. Require bond from such retailers and vendors in such
27amounts as required by the board division.
28g. Report semiannually to the general assembly’s standing
29committees on government oversight regarding the operations of
30the authority division.
31i. Perform other duties generally associated with a chief
32executive officer of an authority of an entrepreneurial nature
33 as necessary to administer this chapter.
34 Sec. 2308. Section 99G.7, subsections 2, 3, and 4, Code
352023, are amended to read as follows:
-1280- 12. The chief executive officer administrator shall conduct
2an ongoing study of the operation and administration of lottery
3laws similar to this chapter in other states or countries,
4of available literature on the subject, of federal laws and
5regulations which may affect the operation of the lottery
6and of the reaction of citizens of this state to existing
7or proposed features of lottery games with a view toward
8implementing improvements that will tend to serve the purposes
9of this chapter.
103. The chief executive officer director may for good cause
11suspend, revoke, or refuse to renew any contract entered into
12in accordance with the provisions of this chapter or the
13administrative rules, policies, and procedures of the board.
144. The chief executive officer or the chief executive
15officer’s designee administrator or the administrator’s
16designee may conduct hearings and administer oaths to persons
17for the purpose of assuring the security or integrity of
18lottery operations or to determine the qualifications of or
19compliance by vendors and retailers.
20 Sec. 2309. Section 99G.8, subsections 1, 4, 6, and 13, Code
212023, are amended to read as follows:
221. The authority shall be administered by a A board of
23directors comprised of five members appointed by the governor
24subject to confirmation by the senate is created within the
25department. Board members appointed when the senate is not
26in session shall serve only until the end of the next regular
27session of the general assembly, unless confirmed by the
28senate.
294. No officer or employee of the authority department shall
30be a member of the board.
316. A majority of members in office shall constitute a quorum
32for the transaction of any business and for the exercise of any
33power or function of the authority board.
3413. Board members shall not have any direct or indirect
35interest in an undertaking that puts their personal interest
-1281-1in conflict with that of the authority department under this
2chapter including but not limited to an interest in a major
3 procurement contract or a participating retailer.
4 Sec. 2310. Section 99G.8, subsection 15, Code 2023, is
5amended by striking the subsection.
6 Sec. 2311. Section 99G.9, unnumbered paragraph 1, Code
72023, is amended to read as follows:
8The board shall provide the chief executive officer director
9and the administrator with private-sector perspectives of a
10large marketing enterprise. The board shall do all of the
11following:
12 Sec. 2312. Section 99G.9, subsections 1 and 5, Code 2023,
13are amended by striking the subsections.
14 Sec. 2313. Section 99G.9, subsection 2, Code 2023, is
15amended to read as follows:
162. Approve, disapprove, amend, or modify the terms of major
17 lottery procurements recommended by the chief executive officer
18 administrator.
19 Sec. 2314. Section 99G.9, subsection 3, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21Adopt policies and procedures and promulgate administrative
22rules pursuant to chapter 17A relating to the management and
23operation of the authority Iowa lottery. The administrative
24rules promulgated pursuant to this subsection may include but
25shall not be limited to the following:
26 Sec. 2315. Section 99G.9, subsection 3, paragraph c, Code
272023, is amended to read as follows:
28c. The number and amount of prizes, including but not
29limited to prizes of free tickets or shares in lottery games
30conducted by the authority division and merchandise prizes.
31The authority division shall maintain and make available for
32public inspection at its offices during regular business hours
33a detailed listing of the estimated number of prizes of each
34particular denomination that are expected to be awarded in
35any game that is on sale or the estimated odds of winning the
-1282-1prizes and, after the end of the claim period, shall maintain
2and make available a listing of the total number of tickets
3or shares sold in a game and the number of prizes of each
4denomination that were awarded.
5 Sec. 2316. Section 99G.9, subsection 3, paragraph j, Code
62023, is amended by striking the paragraph.
7 Sec. 2317. Section 99G.9, subsection 4, Code 2023, is
8amended to read as follows:
94. Adopt game specific rules. The promulgation of game
10specific rules shall not be subject to the requirements of
11chapter 17A. However, game specific rules shall be made
12available to the public prior to the time the games go on
13sale and shall be kept on file at the office of the authority
14 division.
15 Sec. 2318. Section 99G.10, Code 2023, is amended by striking
16the section and inserting in lieu thereof the following:
1799G.10 Lottery personnel.
181. An employee of the division shall not have a financial
19interest in any vendor doing business or proposing to do
20business with the department under this chapter. However, an
21employee may own shares of a mutual fund which may hold shares
22of a vendor corporation provided the employee does not have the
23ability to influence the investment functions of the mutual
24fund.
252. An employee of the division with decision-making
26authority under this chapter shall not participate in any
27decision involving a retailer with whom the employee has a
28financial interest.
293. A background investigation shall be conducted by
30the department of public safety, division of criminal
31investigation, on each applicant who has reached the final
32selection process prior to employment by the department under
33this chapter. For positions not designated as sensitive by the
34department, the investigation may consist of a state criminal
35history background check, work history, and financial review.
-1283-1The department shall identify those sensitive positions of
2the division which require full background investigations,
3which positions shall include, at a minimum, any officer of
4the division, and any employee with operational management
5responsibilities, security duties, or system maintenance or
6programming responsibilities related to the division’s data
7processing or network hardware, software, communication, or
8related systems under this chapter. In addition to a work
9history and financial review, a full background investigation
10may include a national criminal history check through the
11federal bureau of investigation. The screening of employees
12through the federal bureau of investigation shall be conducted
13by submission of fingerprints through the state criminal
14history repository to the federal bureau of investigation. The
15results of background investigations conducted pursuant to this
16section shall not be considered public records under chapter
1722.
184. A person who has been convicted of a felony or bookmaking
19or other form of illegal gambling or of a crime involving moral
20turpitude shall not be employed by the department under this
21chapter.
225. The department shall bond employees with access to Iowa
23lottery funds or lottery revenue under this chapter in such
24an amount as provided by the department and may bond other
25employees under this chapter as deemed necessary.
26 Sec. 2319. Section 99G.11, subsections 1, 2, and 3, Code
272023, are amended to read as follows:
281. A member of the board, any officer, or other employee
29of the authority division shall not directly or indirectly,
30individually, as a member of a partnership or other
31association, or as a shareholder, director, or officer of a
32corporation have an interest in a business that contracts for
33the operation or marketing of the lottery as authorized by this
34chapter, unless the business is controlled or operated by a
35consortium of lotteries in which the authority division has an
-1284-1interest.
22. Notwithstanding the provisions of chapter 68B, a
3person contracting or seeking to contract with the state to
4supply gaming equipment or materials for use in the operation
5of the lottery, an applicant for a license to sell tickets
6or shares in the lottery, or a retailer shall not offer a
7member of the board, any officer, or other employee of the
8authority division, or a member of their immediate family a
9gift, gratuity, or other thing having a value of more than the
10limits established in chapter 68B, other than food and beverage
11consumed at a meal. For purposes of this subsection, “member
12of their immediate family” means a spouse, child, stepchild,
13brother, brother-in-law, stepbrother, sister, sister-in-law,
14stepsister, parent, parent-in-law, or step-parent of the board
15member, the officer, or other employee who resides in the same
16household in the same principal residence of the board member,
17officer, or other employee.
183. If a board member, officer, or other employee of the
19authority division violates a provision of this section, the
20board member, officer, or employee shall be immediately removed
21from the office or position.
22 Sec. 2320. Section 99G.12, subsection 2, paragraphs a and b,
23Code 2023, are amended to read as follows:
24a. The self-service kiosk shall be owned or leased by the
25authority department.
26b. The self-service kiosk shall only be located in a retail
27location licensed by the authority division pursuant to this
28chapter. The authority division shall determine, in its sole
29discretion, the placement of the self-service kiosk.
30 Sec. 2321. Section 99G.21, subsections 1, 3, 4, and 5, Code
312023, are amended to read as follows:
321. Funds of the state shall not be used or obligated to pay
33the expenses or prizes of the authority department under this
34chapter.
353. Notwithstanding any other provision of law, any
-1285-1purchase of real property and any borrowing of more than one
2million dollars by the authority department for purposes of
3this chapter shall require written notice from the authority
4 department to the general assembly’s standing committees on
5government oversight and the prior approval of the executive
6council.
74. The powers enumerated in this section are cumulative of
8and in addition to those powers enumerated elsewhere in this
9chapter and no such powers limit or restrict any other powers
10of the authority department under this chapter.
115. Departments, boards, commissions, or other agencies of
12this state shall provide reasonable assistance and services to
13the authority department for purposes of this chapter upon the
14request of the chief executive officer director.
15 Sec. 2322. Section 99G.21, subsection 2, unnumbered
16paragraph 1, Code 2023, is amended to read as follows:
17The authority shall have any and all powers necessary
18or convenient to carry out and effectuate department, in
19carrying out the purposes and provisions of this chapter which
20are not in conflict with the Constitution of the State of
21Iowa, including, but without limiting the generality of the
22foregoing, shall have the following powers:
23 Sec. 2323. Section 99G.21, subsection 2, paragraphs h, i, l,
24p, and q, Code 2023, are amended by striking the paragraphs.
25 Sec. 2324. Section 99G.22, subsections 1, 3, 4, and 6, Code
262023, are amended to read as follows:
271. The authority department shall investigate the financial
28responsibility, security, and integrity of any lottery system
29vendor who is a finalist in submitting a bid, proposal, or
30offer as part of a major procurement contract. Before a major
31 procurement contract is awarded, the division of criminal
32investigation of the department of public safety shall conduct
33a background investigation of the vendor to whom the contract
34is to be awarded. The chief executive officer and board
35 administrator shall consult with the division of criminal
-1286-1investigation and shall provide for the scope of the background
2investigation and due diligence to be conducted in connection
3with major procurement contracts. At the time of submitting
4a bid, proposal, or offer to the authority department on a
5major procurement contract, the authority shall require that
6 each vendor shall be required to submit to the division of
7criminal investigation appropriate investigation authorization
8to facilitate this investigation, together with an advance
9of funds to meet the anticipated investigation costs. If
10the division of criminal investigation determines that
11additional funds are required to complete an investigation,
12the vendor will be so advised. The background investigation
13by the division of criminal investigation may include a
14national criminal history check through the federal bureau of
15investigation. The screening of vendors or their employees
16through the federal bureau of investigation shall be conducted
17by submission of fingerprints through the state criminal
18history repository to the federal bureau of investigation.
193. A major procurement contract shall not be entered into
20with any lottery system vendor who has not complied with
21the disclosure requirements described in this section, and
22anycontract with such a vendor is voidable at the option
23of the authority. Any contract with a vendor that does not
24comply with the requirements for periodically updating such
25disclosures during the tenure of the contract as may be
26specified in such contract may be terminated by the authority.
27The provisions of this section shall be construed broadly
28and liberally to achieve the ends of full disclosure of
29all information necessary to allow for a full and complete
30evaluation by the authority department of the competence,
31integrity, background, and character of vendors for major
32 procurements.
334. A major procurement contract shall not be entered into
34with any vendor who has been found guilty of a felony related
35to the security or integrity of the lottery in this or any
-1287-1other jurisdiction.
26. If, based on the results of a background investigation,
3the board department determines that the best interests of
4the authority department, including but not limited to the
5authority’s department’s reputation for integrity, would be
6served thereby, the board department may disqualify a potential
7vendor from contracting with the authority department for a
8major procurement contract or from acting as a subcontractor in
9connection with a contract for a major procurement contract.
10 Sec. 2325. Section 99G.22, subsection 5, Code 2023, is
11amended by striking the subsection.
12 Sec. 2326. Section 99G.23, Code 2023, is amended to read as
13follows:
1499G.23 Vendor bonding, and tax filing, and competitive
15bidding.
161. The authority may purchase, lease, or lease-purchase
17such goods or services as are necessary for effectuating the
18purposes of this chapter. The authority division may make
19procurements that integrate functions such as lottery game
20design, lottery ticket distribution to retailers, supply of
21goods and services, and advertising. In all procurement
22decisions under this chapter, the authority division shall
23take into account the particularly sensitive nature of the
24lottery and shall act to promote and ensure security, honesty,
25fairness, and integrity in the operation and administration
26of the lottery and the objectives of raising net proceeds for
27state programs.
282. Each vendor shall, at the execution of the contract
29with the authority division, post a performance bond or letter
30of credit from a bank or credit provider acceptable to the
31authority division in an amount as deemed necessary by the
32authority division for that particular bid or contract.
333. Each vendor shall be qualified to do business in this
34state and shall file appropriate tax returns as provided by the
35laws of this state.
-1288- 14. All major procurement contracts must be competitively
2bid pursuant to policies and procedures approved by the board
3unless there is only one qualified vendor and that vendor has
4an exclusive right to offer the service or product.
5 Sec. 2327. Section 99G.24, Code 2023, is amended to read as
6follows:
799G.24 Retailer compensation — licensing.
81. The general assembly recognizes that to conduct a
9successful lottery, the authority department must develop and
10maintain a statewide network of lottery retailers that will
11serve the public convenience and promote the sale of tickets
12or shares and the playing of lottery games while ensuring the
13integrity of the lottery operations, games, and activities.
142. The board shall determine the compensation to be paid
15to licensed retailers. Compensation may include provision
16for variable payments based on sales volume or incentive
17considerations.
183. The authority department shall issue a license
19certificate to each person with whom it contracts as a retailer
20for purposes of display as provided in this section. Every
21lottery retailer shall post its license certificate, or a
22facsimile thereof, and keep it conspicuously displayed in a
23location on the premises accessible to the public. No license
24shall be assignable or transferable. Once issued, a license
25shall remain in effect until canceled, suspended, or terminated
26by the authority department.
274. A licensee under this section shall cooperate with the
28authority department by using point-of-purchase materials,
29posters, and other marketing material when requested to do so
30by the authority department. Lack of cooperation is sufficient
31cause for revocation of a retailer’s license.
325. The board shall develop a list of objective criteria upon
33which the qualification of lottery retailers shall be based.
34Separate criteria shall be developed to govern the selection
35of retailers of instant tickets and on-line retailers. In
-1289-1developing these criteria, the board shall consider such
2factors as the applicant’s financial responsibility, security
3of the applicant’s place of business or activity, accessibility
4to the public, integrity, and reputation. The criteria shall
5include but not be limited to the volume of expected sales
6and the sufficiency of existing licensees to serve the public
7convenience.
86. The applicant shall be current in filing all applicable
9tax returns to the state of Iowa and in payment of all taxes,
10interest, and penalties owed to the state of Iowa, excluding
11items under formal appeal pursuant to applicable statutes. The
12department of revenue is authorized and directed to provide
13this information to the authority those employees of the
14division designated to receive this information.
157. A person, partnership, unincorporated association,
16authority, or other business entity shall not be selected as
17a lottery retailer if the person or entity meets any of the
18following conditions:
19a. Has been convicted of a criminal offense related to
20the security or integrity of the lottery in this or any other
21jurisdiction.
22b. Has been convicted of any illegal gambling activity,
23false statements, perjury, fraud, or a felony in this or any
24other jurisdiction.
25c. Has been found to have violated the provisions of
26this chapter or any regulation, policy, or procedure of
27the authority or of the lottery division unless either ten
28years have passed since the violation or the board finds the
29violation both minor and unintentional in nature.
30d. Is a vendor or any employee or agent of any vendor doing
31business with the authority department under this chapter or
32the division.
33e. Resides in the same household as an officer of the
34authority division.
35f. Is less than eighteen years of age.
-1290- 1g. Does not demonstrate financial responsibility sufficient
2to adequately meet the requirements of the proposed enterprise.
3h. Has not demonstrated that the applicant is the true
4owner of the business proposed to be licensed and that all
5persons holding at least a ten percent ownership interest in
6the applicant’s business have been disclosed.
7i. Has knowingly made a false statement of material fact to
8the authority department.
98. Persons applying to become lottery retailers may be
10charged a uniform application fee for each lottery outlet.
119. Any lottery retailer contract executed pursuant to
12this section may, for good cause, be suspended, revoked, or
13terminated by the chief executive officer director or the
14chief executive officer’s director’s designee if the retailer
15is found to have violated any provision of this chapter
16or objective criteria established by the board. Cause for
17suspension, revocation, or termination may include, but is not
18limited to, sale of tickets or shares to a person under the
19age of twenty-one and failure to pay for lottery products in a
20timely manner.
21 Sec. 2328. Section 99G.25, Code 2023, is amended to read as
22follows:
2399G.25 License not assignable.
24Any lottery retailer license certificate or contract shall
25not be transferable or assignable. The authority department
26 may issue a temporary license when deemed in the best interests
27of the state. A lottery retailer shall not contract with any
28person for lottery goods or services, except with the approval
29of the board.
30 Sec. 2329. Section 99G.26, Code 2023, is amended to read as
31follows:
3299G.26 Retailer bonding.
33The authority department may require any retailer to post an
34appropriate bond, as determined by the authority department,
35using a cash bond or an insurance company acceptable to the
-1291-1authority department.
2 Sec. 2330. Section 99G.27, Code 2023, is amended to read as
3follows:
499G.27 Lottery retail licenses — cancellation, suspension,
5revocation, or termination.
61. A lottery retail license issued by the authority
7 department pursuant to this chapter may be canceled, suspended,
8revoked, or terminated by the authority department for reasons
9including, but not limited to, any of the following:
10a. A violation of this chapter, a regulation, or a policy or
11procedure of the authority division.
12b. Failure to accurately or timely account or pay for
13lottery products, lottery games, revenues, or prizes as
14required by the authority division.
15c. Commission of any fraud, deceit, or misrepresentation.
16d. Insufficient sales.
17e. Conduct prejudicial to public confidence in the lottery.
18f. The retailer filing for or being placed in bankruptcy or
19receivership.
20g. Any material change as determined in the sole discretion
21of the authority department in any matter considered by
22the authority department in executing the contract with the
23retailer.
24h. Failure to meet any of the objective criteria established
25by the authority division pursuant to this chapter.
26i. Other conduct likely to result in injury to the property,
27revenue, or reputation of the authority department under this
28chapter.
292. A lottery retailer license may be temporarily suspended
30by the authority department without prior notice if the
31chief executive officer director or designee determines that
32further sales by the licensed retailer are likely to result in
33immediate injury to the property, revenue, or reputation of the
34authority department.
353. The board shall adopt administrative rules governing
-1292-1appeals of lottery retailer licensing disputes.
2 Sec. 2331. Section 99G.28, Code 2023, is amended to read as
3follows:
499G.28 Proceeds held in trust.
5All proceeds from the sale of the lottery tickets or shares
6shall constitute a trust fund until paid to the authority
7 division directly, through electronic funds transfer to the
8authority division, or through the authority’s division’s
9 authorized collection representative. A lottery retailer
10and officers of a lottery retailer’s business shall have a
11fiduciary duty to preserve and account for lottery proceeds and
12lottery retailers shall be personally liable for all proceeds.
13Proceeds shall include unsold products received but not paid
14for by a lottery retailer and cash proceeds of the sale of any
15lottery products net of allowable sales commissions and credit
16for lottery prizes paid to winners by lottery retailers. Sales
17proceeds of pull-tab tickets shall include the sales price
18of the lottery product net of allowable sales commission and
19prizes contained in the product. Sales proceeds and unused
20instant tickets shall be delivered to the authority division or
21its authorized collection representative upon demand.
22 Sec. 2332. Section 99G.29, Code 2023, is amended to read as
23follows:
2499G.29 Retailer rental calculations — lottery ticket sales
25treatment.
26If a lottery retailer’s rental payments for the business
27premises are contractually computed, in whole or in part, on
28the basis of a percentage of retail sales and such computation
29of retail sales is not explicitly defined to include sales
30of tickets or shares in a state-operated or state-managed
31lottery, only the compensation received by the lottery retailer
32from the authority department may be considered the amount of
33the lottery retail sale for purposes of computing the rental
34payment.
35 Sec. 2333. Section 99G.30, Code 2023, is amended to read as
-1293-1follows:
299G.30 Ticket sales requirements — penalties.
31. Lottery tickets or shares may be distributed by the
4authority division for promotional purposes.
52. A ticket or share shall not be sold at a price other
6than that fixed by the authority division and a sale shall not
7be made other than by a retailer or an employee of the retailer
8who is authorized by the retailer to sell tickets or shares. A
9person who violates a provision of this subsection is guilty
10of a simple misdemeanor.
113. A ticket or share shall not be sold to a person who has
12not reached the age of twenty-one. Any person who knowingly
13sells a lottery ticket or share to a person under the age
14of twenty-one shall be guilty of a simple misdemeanor. It
15shall be an affirmative defense to a charge of a violation
16under this section that the retailer reasonably and in good
17faith relied upon presentation of proof of age in making the
18sale. A prize won by a person who has not reached the age
19of twenty-one but who purchases a winning ticket or share in
20violation of this subsection shall be forfeited. This section
21does not prohibit the lawful purchase of a ticket or share for
22the purpose of making a gift to a person who has not reached the
23age of twenty-one. The board shall adopt administrative rules
24governing the payment of prizes to persons who have not reached
25the age of twenty-one.
264. Except for the authority department, a retailer shall
27only sell lottery products on the licensed premises and not
28through the mail or by technological means except as the
29authority department may provide or authorize.
305. The retailer may accept payment by cash, check, money
31order, debit card, or electronic funds transfer. The retailer
32shall not extend or arrange credit for the purchase of a ticket
33or share. As used in this subsection, “cash” means United
34States currency.
356. Nothing in this chapter shall be construed to prohibit
-1294-1the authority department from designating certain of its
2agents and employees to sell or give lottery tickets or shares
3directly to the public.
47. No elected official’s name shall be printed on tickets.
5 Sec. 2334. Section 99G.31, subsections 1 and 2, Code 2023,
6are amended to read as follows:
71. The chief executive officer administrator shall award
8the designated prize to the holder of the ticket or share upon
9presentation of the winning ticket or confirmation of a winning
10share. The prize shall be given to only one person as provided
11in this section; however, a prize shall be divided between
12holders of winning tickets if there is more than one winning
13ticket.
142. The authority division shall only pay prizes for lottery
15tickets or shares that the authority department determines were
16legally purchased, legally possessed, and legally presented.
17 Sec. 2335. Section 99G.31, subsection 3, unnumbered
18paragraph 1, Code 2023, is amended to read as follows:
19The authority board shall adopt administrative rules,
20policies, and procedures to establish a system of verifying
21the validity of tickets or shares claimed to win prizes and
22to effect payment of such prizes, subject to the following
23requirements:
24 Sec. 2336. Section 99G.31, subsection 3, paragraphs b, d, f,
25g, h, and i, Code 2023, are amended to read as follows:
26b. A prize shall not be paid arising from claimed tickets
27that are stolen, counterfeit, altered, fraudulent, unissued,
28produced or issued in error, unreadable, not received, or
29not recorded by the authority division within applicable
30deadlines; lacking in captions that conform and agree with the
31play symbols as appropriate to the particular lottery game
32involved; or not in compliance with such additional specific
33administrative rules, policies, and public or confidential
34validation and security tests of the authority division
35 appropriate to the particular lottery game involved.
-1295- 1d. Unclaimed prize money for the prize on a winning ticket
2or share shall be retained for a period deemed appropriate
3by the chief executive officer administrator, subject to
4approval by the board. If a valid claim is not made for the
5money within the applicable period, the unclaimed prize money
6shall be added to the pool from which future prizes are to be
7awarded or used for special prize promotions. Notwithstanding
8this subsection, the disposition of unclaimed prize money from
9multijurisdictional games shall be made in accordance with the
10rules of the multijurisdictional game.
11f. The authority division is discharged of all liability
12upon payment of a prize pursuant to this section.
13g. No ticket or share issued by the authority division
14 shall be purchased by and no prize shall be paid to any member
15of the board of directors; any officer or employee of the
16authority department under this chapter; or to any spouse,
17child, brother, sister, or parent residing as a member of the
18same household in the principal place of residence of any such
19person.
20h. No ticket or share issued by the authority division shall
21be purchased by and no prize shall be paid to any officer,
22employee, agent, or subcontractor of any vendor or to any
23spouse, child, brother, sister, or parent residing as a member
24of the same household in the principal place of residence
25of any such person if such officer, employee, agent, or
26subcontractor has access to confidential information which may
27compromise the integrity of the lottery.
28i. The proceeds of any lottery prize shall be subject to
29state and federal income tax laws. An amount deducted from the
30prize for payment of a state tax, pursuant to section 422.16,
31subsection 1, shall be transferred by the authority to the
32department of revenue on behalf of the prize winner.
33 Sec. 2337. Section 99G.32, Code 2023, is amended to read as
34follows:
3599G.32 Authority Department legal representation — lottery.
-1296- 1The authority department shall retain the services of legal
2counsel to advise the authority department and the board
3under this chapter and to provide representation in legal
4proceedings. The authority department may retain the attorney
5general or a full-time assistant attorney general in that
6capacity and provide reimbursement for the cost of advising and
7representing the board and the authority department.
8 Sec. 2338. Section 99G.33, Code 2023, is amended to read as
9follows:
1099G.33 Law enforcement investigations.
11The department of public safety, division of criminal
12investigation, shall be the primary state agency responsible
13for investigating criminal violations under this chapter.
14The chief executive officer director shall contract with
15the department of public safety for investigative services,
16including the employment of special agents and support
17personnel, and procurement of necessary equipment to carry out
18the responsibilities of the division of criminal investigation
19under the terms of the contract and this chapter.
20 Sec. 2339. Section 99G.34, unnumbered paragraph 1, Code
212023, is amended to read as follows:
22The records of the authority department under this chapter
23 shall be governed by the provisions of chapter 22, provided
24that, in addition to records that may be kept confidential
25pursuant to section 22.7, the following records shall be kept
26confidential, unless otherwise ordered by a court, by the
27lawful custodian of the records, or by another person duly
28authorized to release such information:
29 Sec. 2340. Section 99G.34, subsections 1, 4, and 7, Code
302023, are amended to read as follows:
311. Marketing plans, research data, and proprietary
32intellectual property owned or held by the authority department
33for purposes of this chapter under contractual agreements.
344. Security records pertaining to investigations and
35intelligence-sharing information between lottery security
-1297-1officers and those of other lotteries and law enforcement
2agencies, the security portions or segments of lottery
3requests for proposals, proposals by vendors to conduct
4lottery operations, and records of the security division of
5the authority department under this chapter pertaining to game
6security data, ticket validation tests, and processes.
77. Security reports and other information concerning bids
8or other contractual data, the disclosure of which would impair
9the efforts of the authority department to contract for goods
10or services on favorable terms under this chapter.
11 Sec. 2341. Section 99G.35, Code 2023, is amended to read as
12follows:
1399G.35 Security.
141. The authority’s department’s chief security officer
15and investigators under this chapter shall be qualified by
16training and experience in law enforcement to perform their
17respective duties in support of the activities of the security
18office. The chief security officer and investigators shall not
19have sworn peace officer status. The lottery security office
20shall perform all of the following activities in support of the
21authority mission of the department under this chapter:
22a. Supervise ticket or share validation and lottery
23drawings, provided that the authority department may enter
24into cooperative agreements with multijurisdictional lottery
25administrators for shared security services at drawings and
26game show events involving more than one participating lottery.
27b. Inspect at times determined solely by the authority
28 department the facilities of any vendor or lottery retailer in
29order to determine the integrity of the vendor’s product or the
30operations of the retailer in order to determine whether the
31vendor or the retailer is in compliance with its contract.
32c. Report any suspected violations of this chapter to
33the appropriate county attorney or the attorney general and
34to any law enforcement agencies having jurisdiction over the
35violation.
-1298- 1d. Upon request, provide assistance to any county attorney,
2the attorney general, the department of public safety, or any
3other law enforcement agency.
4e. Upon request, provide assistance to retailers in meeting
5their licensing contract requirements and in detecting retailer
6employee theft.
7f. Monitor authority division operations for compliance with
8internal security requirements.
9g. Provide physical security at the authority’s central
10operations facilities used by the department for purposes of
11this chapter.
12h. Conduct on-press product production surveillance,
13testing, and quality approval for printed scratch and pull-tab
14tickets.
15i. Coordinate employee and retailer background
16investigations conducted by the department of public safety,
17division of criminal investigation.
182. The authority department may enter into
19intelligence-sharing, reciprocal use, or restricted use
20agreements for purposes of this chapter with the federal
21government, law enforcement agencies, lottery regulation
22agencies, and gaming enforcement agencies of other
23jurisdictions which provide for and regulate the use of
24information provided and received pursuant to the agreement.
253. Records, documents, and information in the possession of
26the authority department received under this chapter pursuant
27to an intelligence-sharing, reciprocal use, or restricted
28use agreement entered into by the authority department with
29a federal department or agency, any law enforcement agency,
30or the lottery regulation or gaming enforcement agency of any
31jurisdiction shall be considered investigative records of a law
32enforcement agency and are not subject to chapter 22 and shall
33not be released under any condition without the permission of
34the person or agency providing the record or information.
35 Sec. 2342. Section 99G.36, subsection 5, Code 2023, is
-1299-1amended to read as follows:
25. No person shall knowingly or intentionally make
3a material false statement in any lottery prize claim,
4make a material false statement in any application for a
5license or proposal to conduct lottery activities, or make a
6material false entry in any book or record which is compiled
7or maintained or submitted to the authority or the board
8 department pursuant to the provisions of this chapter. Any
9person who violates the provisions of this subsection shall be
10guilty of a class “D” felony.
11 Sec. 2343. Section 99G.37, Code 2023, is amended by striking
12the section and inserting in lieu thereof the following:
1399G.37 Competitive bidding.
14All procurement contracts under this chapter must be
15competitively bid in accordance with chapter 8A, subchapter
16III, part 2. Procurement contracts shall take into
17consideration the greatest integrity for the Iowa lottery.
18In any bidding process, the services of the department of
19administrative services shall be utilized.
20 Sec. 2344. Section 99G.38, Code 2023, is amended to read as
21follows:
2299G.38 Authority Lottery finance — self-sustaining.
231. The authority department may borrow, or accept and
24expend, in accordance with the provisions of this chapter, such
25moneys as may be received from any source, including income
26from the authority’s department’s operations, for effectuating
27its business purposes under this chapter, including the payment
28of the initial expenses of initiation, administration, and
29operation of the authority department under this chapter and
30the lottery.
312. The authority department as it relates to the lottery
32 shall be self-sustaining and self-funded. Moneys in the
33general fund of the state shall not be used or obligated to pay
34the expenses of the authority department under this chapter
35 or prizes of the lottery, and no claim for the payment of an
-1300-1expense of the lottery or prizes of the lottery may be made
2against any moneys other than moneys credited to the authority
3 department operating account pursuant to this chapter.
43. The state of Iowa offset program, as provided in section
58A.504, shall be available to the authority department to
6facilitate receipt of funds owed to the authority department
7under this chapter.
8 Sec. 2345. Section 99G.39, subsections 1 and 3, Code 2023,
9are amended to read as follows:
101. Upon receipt of any revenue, the chief executive officer
11 director shall deposit the moneys in the lottery fund created
12pursuant to section 99G.40. At least fifty percent of the
13projected annual revenue accruing from the sale of tickets
14or shares shall be allocated for payment of prizes to the
15holders of winning tickets. After the payment of prizes, the
16expenses of conducting the lottery shall be deducted from the
17authority’s department’s revenue under this chapter prior to
18disbursement. Expenses for advertising production and media
19purchases shall not exceed four percent of the authority’s
20 department’s gross revenue under this chapter for the year.
213. Two million five hundred thousand dollars in lottery
22revenues shall be transferred each fiscal year to the veterans
23trust fund established pursuant to section 35A.13 prior to
24deposit of the lottery revenues in the general fund pursuant
25to section 99G.40. However, if the balance of the veterans
26trust fund is fifty million dollars or more, the moneys shall
27be appropriated to the department of revenue for distribution
28to county directors of veteran affairs, with fifty percent
29of the moneys to be distributed equally to each county and
30fifty percent of the moneys to be distributed to each county
31based upon the population of veterans in the county, so long
32as the moneys distributed to a county do not supplant moneys
33appropriated by that county for the county director of veteran
34affairs.
35 Sec. 2346. Section 99G.39, subsection 6, paragraph b, Code
-1301-12023, is amended to read as follows:
2b. The treasurer of state shall, each quarter, prepare
3an estimate of the gaming revenues and lottery revenues that
4will become available during the remainder of the appropriate
5fiscal year for the purposes described in paragraph “a”. The
6department of management and the department of revenue shall
7take appropriate actions to provide that the amount of gaming
8revenues and lottery revenues that will be available during the
9remainder of the appropriate fiscal year is sufficient to cover
10any anticipated deficiencies.
11 Sec. 2347. Section 99G.40, Code 2023, is amended to read as
12follows:
1399G.40 Audits and reports — lottery fund.
141. To ensure the financial integrity of the lottery, the
15authority department shall do all of the following:
16a. Submit quarterly and annual reports to the governor,
17state auditor, and the general assembly disclosing the total
18lottery revenues, prize disbursements, and other expenses
19of the authority department under this chapter during the
20reporting period. The fourth quarter report shall be included
21in the annual report made pursuant to this section. The annual
22report shall include a complete statement of lottery revenues,
23prize disbursements, and other expenses, and recommendations
24for changes in the law that the chief executive officer
25 director deems necessary or desirable for purposes of this
26chapter. The annual report shall be submitted within one
27hundred twenty days after the close of the fiscal year. The
28chief executive officer director shall report immediately to
29the governor, the treasurer of state, and the general assembly
30any matters that require immediate changes in the law in order
31to prevent abuses or evasions of this chapter or rules adopted
32or to rectify undesirable conditions in connection with the
33administration or operation of the lottery.
34b. Maintain weekly or more frequent records of lottery
35transactions, including the distribution of tickets or shares
-1302-1to retailers, revenues received, claims for prizes, prizes
2paid, prizes forfeited, and other financial transactions of the
3authority department under this chapter.
4c. The authority department shall deposit in the lottery
5fund created in subsection 2 any moneys received by retailers
6from the sale of tickets or shares less the amount of any
7compensation due the retailers. The chief executive officer
8 director may require licensees to file with the authority
9 department reports of receipts and transactions in the sale
10of tickets or shares. The reports shall be in the form and
11contain the information the chief executive officer director
12 requires.
132. A lottery fund is created in the office of the treasurer
14of state and shall exist as the recipient fund for authority
15 department receipts under this chapter. The fund consists
16of all revenues received from the sale of lottery tickets or
17shares and all other moneys lawfully credited or transferred
18to the fund. The chief executive officer director shall
19certify quarterly that portion of the fund that has been
20transferred to the general fund of the state under this chapter
21and shall cause that portion to be transferred to the general
22fund of the state. However, upon the request of the chief
23executive officer director and subject to the approval by
24the treasurer of state, an amount sufficient to cover the
25foreseeable administrative expenses of the lottery for a period
26of twenty-one days may be retained from the lottery fund.
27Prior to the quarterly transfer to the general fund of the
28state, the chief executive officer director may direct that
29lottery revenue shall be deposited in the lottery fund and in
30interest-bearing accounts designated by the treasurer of state.
31Interest or earnings paid on the deposits or investments is
32considered lottery revenue and shall be transferred to the
33general fund of the state in the same manner as other lottery
34revenue.
353. The chief executive officer director shall certify
-1303-1before the last day of the month following each quarter
2that portion of the lottery fund resulting from the previous
3quarter’s sales to be transferred to the general fund of the
4state.
54. For informational purposes only, the chief executive
6officer shall submit to the department of management by October
71 of each year a proposed operating budget for the authority
8for the succeeding fiscal year. This budget proposal shall
9also be accompanied by an estimate of the net proceeds to
10be deposited into the general fund during the succeeding
11fiscal year. This budget shall be on forms prescribed by the
12department of management. A copy of the information required
13to be submitted to the department of management pursuant to
14this subsection shall be submitted to the general assembly’s
15standing committees on government oversight and the legislative
16services agency by October 1 of each year.
175. 4. The authority shall adopt the same fiscal year
18as that used by state government and activities of the
19division shall be audited annually as part of the audit of
20the department by the auditor of state or a certified public
21accounting firm appointed by the auditor. The auditor of state
22or a designee conducting an audit of the activities of the
23division under this chapter shall have access and authority to
24examine any and all records of licensees necessary to determine
25compliance with this chapter and the rules adopted pursuant to
26this chapter. The cost of audits and examinations conducted
27by the auditor of state or a designee shall be paid for by the
28authority as provided in chapter 11.
29 Sec. 2348. Section 99G.41, Code 2023, is amended to read as
30follows:
3199G.41 Prize offsets — garnishments.
321. Any claimant agency may submit to the authority
33 department a list of the names of all persons indebted to such
34claimant agency or to persons on whose behalf the claimant
35agency is acting. The full amount of the debt shall be
-1304-1collectible from any lottery winnings due the debtor without
2regard to limitations on the amounts that may be collectible
3in increments through garnishment or other proceedings. Such
4list shall constitute a valid lien upon and claim of lien
5against the lottery winnings of any debtor named in such list.
6The list shall contain the names of the debtors, their social
7security numbers if available, and any other information that
8assists the authority department in identifying the debtors
9named in the list.
102. The authority department is authorized and directed
11to withhold any winnings paid out directly by the authority
12 department subject to the lien created by this section and
13send notice to the winner. However, if the winner appears
14and claims winnings in person, the authority department shall
15notify the winner at that time by hand delivery of such action.
16The authority department shall pay the funds over to the agency
17administering the offset program.
183. Notwithstanding the provisions of section 99G.34
19which prohibit disclosure by the authority department of
20certain portions of the contents of prize winner records or
21information, and notwithstanding any other confidentiality
22statute, the authority department may provide to a claimant
23agency all information necessary to accomplish and effectuate
24the intent of this section.
254. The information obtained by a claimant agency from
26the authority department in accordance with this section
27shall retain its confidentiality and shall only be used by a
28claimant agency in the pursuit of its debt collection duties
29and practices. Any employee or prior employee of any claimant
30agency who unlawfully discloses any such information for any
31other purpose, except as otherwise specifically authorized by
32law, shall be subject to the same penalties specified by law
33for unauthorized disclosure of confidential information by
34an agent or employee of the authority department under this
35chapter.
-1305- 15. Except as otherwise provided in this chapter,
2attachments, garnishments, or executions authorized and issued
3pursuant to law shall be withheld if timely served upon the
4authority department.
56. The provisions of this section shall only apply to prizes
6paid directly by the authority department and shall not apply
7to any retailers authorized by the board department to pay
8prizes of up to six hundred dollars after deducting the price
9of the ticket or share.
10 Sec. 2349. Section 99G.42, Code 2023, is amended to read as
11follows:
1299G.42 Compulsive gamblers — treatment program information.
13The authority department shall cooperate with the gambling
14treatment program administered by the Iowa department of public
15 health and human services to incorporate information regarding
16the gambling treatment program and its toll-free telephone
17number in printed materials distributed by the authority
18 department pursuant to this chapter.
19 Sec. 2350. IOWA LOTTERY — TRANSITION PROVISIONS.
201. For purposes of this section, unless the context
21otherwise requires:
22a. “Department” means the department of revenue.
23b. “Iowa lottery authority” means the Iowa lottery
24authority established pursuant to 2003 Iowa Acts, chapter 178,
25section 66.
262. The department shall be the legal successor to the
27Iowa lottery authority and, as such, shall assume all rights,
28privileges, obligations, and responsibilities of the Iowa
29lottery authority. The promulgated rules of the Iowa lottery
30authority shall remain in full force and effect as the rules of
31the department until amended or repealed by the department. In
32addition, the department may continue the security practices
33and procedures utilized by the Iowa lottery authority until
34amended or repealed by the department.
353. At 12:01 a.m.on July 1, 2023, the department shall
-1306-1become the legal successor to the Iowa lottery authority.
24. Personnel of the Iowa lottery authority employed on
3July 1, 2023, shall transition to the department as department
4employees under chapter 99G. The chief executive officer
5of the Iowa lottery authority on July 1, 2023, shall be the
6lottery administrator, as provided in this Act, on that date
7without the requirement to be reappointed by the governor.
85. The department shall function as the legal successor to
9the Iowa lottery authority and shall assume all of the assets
10and obligations of the Iowa lottery authority, and funds of the
11state shall not be used or obligated to pay the expenses or
12prizes of the department or its predecessor, the Iowa lottery
13authority.
146. In order to effect an immediate and efficient transition
15of the lottery from the Iowa lottery authority to the
16department, as soon as practicable, the department shall do all
17of the following:
18a. Take such steps and enter into such agreements as
19the director of the department may determine are necessary
20and proper in order to effect the transfer, assignment, and
21delivery to the department from the Iowa lottery authority
22of all the tangible and intangible assets constituting the
23lottery, including the exclusive right to operate the lottery
24and the assignment to and assumption by the department of all
25agreements, covenants, and obligations of the Iowa lottery
26authority and other agencies of the state, relating to the
27operation and management of the lottery.
28b. Receive as transferee from the Iowa lottery authority all
29of the tangible and intangible assets constituting the lottery
30including, without limitation, the exclusive authorization
31to operate a lottery in the state of Iowa and ownership of
32annuities and bonds purchased prior to the date of transfer and
33held in the name of the Iowa lottery for payment of lottery
34prizes, and shall assume and discharge all of the agreements,
35covenants, and obligations of the Iowa lottery authority
-1307-1entered into and constituting part of the operation and
2management of the lottery. In consideration for such transfer
3and assumption, the department shall transfer to the state all
4net profits of the department under chapter 99G, at such times
5and subject to such financial transfer requirements as are
6provided in this division of this Act.
7alcoholic beverage control
8 Sec. 2351. Section 123.3, subsections 1 and 19, Code 2023,
9are amended by striking the subsections.
10 Sec. 2352. Section 123.3, Code 2023, is amended by adding
11the following new subsections:
12 NEW SUBSECTION. 16A. “Department” means the department of
13revenue.
14 NEW SUBSECTION. 17A. “Director” means the director of the
15department of revenue or the director’s designee.
16 Sec. 2353. Section 123.3, subsections 6, 14, 16, 26, 29, 30,
17and 38, Code 2023, are amended to read as follows:
186. “Application” means a written request for the issuance
19of a permit, license, or certificate that is supported by a
20verified statement of facts and submitted electronically, or in
21a manner prescribed by the administrator director.
2214. “Commercial establishment” means a place of business
23which is at all times equipped with sufficient tables and
24seats to accommodate twenty-five persons at one time, and
25the licensed premises of which conform to the standards and
26specifications of the division department.
2716. “Completed application” means an application where all
28necessary fees have been paid in full, any required bonds have
29been submitted, the applicant has provided all information
30requested by the division department, and the application
31meets the requirements of section 123.92, subsection 2, if
32applicable.
3326. The terms “in accordance with the provisions of this
34chapter”, “pursuant to the provisions of this title”, or similar
35terms shall include all rules and regulations of the division
-1308-1 department adopted to aid in the administration or enforcement
2of those provisions.
329. “Licensed premises” or “premises” means all rooms,
4enclosures, contiguous areas, or places susceptible of precise
5description satisfactory to the administrator director where
6alcoholic beverages, wine, or beer is sold or consumed under
7authority of a retail alcohol license, wine permit, or beer
8permit. A single licensed premises may consist of multiple
9rooms, enclosures, areas, or places if they are wholly within
10the confines of a single building or contiguous grounds.
1130. “Local authority” means the city council of any
12incorporated city in this state, or the county board of
13supervisors of any county in this state, which is empowered by
14this chapter to approve or deny applications for retail alcohol
15licenses; empowered to recommend that such licenses be granted
16and issued by the division department; and empowered to take
17other actions reserved to them by this chapter.
1838. “Permit” or “license” means an express written
19authorization issued by the division department for the
20manufacture or sale, or both, of alcoholic liquor, wine, or
21beer.
22 Sec. 2354. Section 123.3, subsection 40, paragraphs a and d,
23Code 2023, are amended to read as follows:
24a. The person has such financial standing and good
25reputation as will satisfy the administrator director that the
26person will comply with this chapter and all laws, ordinances,
27and regulations applicable to the person’s operations under
28this chapter. However, the administrator director shall not
29require the person to post a bond to meet the requirements of
30this paragraph.
31d. The person has not been convicted of a felony. However,
32if the person’s conviction of a felony occurred more than
33five years before the date of the application for a license
34or permit, and if the person’s rights of citizenship have
35been restored by the governor, the administrator director
-1309-1 may determine that the person is of good moral character
2notwithstanding such conviction.
3 Sec. 2355. Section 123.4, Code 2023, is amended by striking
4the section and inserting in lieu thereof the following:
5123.4 Alcoholic beverage control.
6The department of revenue shall administer and enforce the
7laws of this state concerning alcoholic beverage control.
8 Sec. 2356. Section 123.5, subsection 1, Code 2023, is
9amended to read as follows:
101. An alcoholic beverages commission is created within
11the division department. The commission is composed of five
12members, not more than three of whom shall belong to the same
13political party.
14 Sec. 2357. Section 123.6, Code 2023, is amended to read as
15follows:
16123.6 Commission meetings.
17The commission shall meet on or before July 1 of each year
18for the purpose of selecting one of its members as chairperson
19for the succeeding year. The commission shall otherwise meet
20quarterly or at the call of the chairperson or administrator
21 director or when three members file a written request for a
22meeting. Written notice of the time and place of each meeting
23shall be given to each member of the commission. A majority of
24the commission members shall constitute a quorum.
25 Sec. 2358. Section 123.7, Code 2023, is amended by striking
26the section and inserting in lieu thereof the following:
27123.7 Duties of director.
28The director shall supervise the daily operations of the
29department under this chapter and shall execute the alcoholic
30beverage control policies of the department.
31 Sec. 2359. Section 123.8, Code 2023, is amended to read as
32follows:
33123.8 Duties of commission and administrator.
341. The commission, in addition to the duties specifically
35enumerated in this chapter, shall act as a division
-1310-1 policy-making body under this chapter and serve in an advisory
2capacity to the administrator director and department. The
3administrator shall supervise the daily operations of the
4division and shall execute the policies of the division as
5determined by the commission.
62. The commission may review and affirm, reverse, or amend
7all actions of the administrator director under this chapter,
8including but not limited to the following instances:
9a. Purchases of alcoholic liquor for resale by the division
10 department.
11b. The establishment of wholesale prices of alcoholic
12liquor.
13 Sec. 2360. Section 123.9, unnumbered paragraph 1, Code
142023, is amended to read as follows:
15The administrator director, in executing divisional the
16alcoholic beverage control functions of the department, shall
17have the following duties and powers:
18 Sec. 2361. Section 123.9, subsections 1, 4, and 7, Code
192023, are amended to read as follows:
201. To receive alcoholic liquors on a bailment system for
21resale by the division department in the manner set forth in
22this chapter.
234. To appoint clerks, agents, or other employees required
24for carrying out the provisions of this chapter; to dismiss
25employees for cause; to assign employees to divisions and
26 bureaus as created by the administrator director within the
27division department; and to designate their title, duties, and
28powers. All employees of the division department for purposes
29of this chapter are subject to chapter 8A, subchapter IV,
30unless exempt under section 8A.412.
317. To accept alcoholic liquors ordered delivered to the
32alcoholic beverages division department pursuant to chapter
33809A, and offer for sale and deliver the alcoholic liquors to
34class “E” retail alcohol licensees, unless the administrator
35 director determines that the alcoholic liquors may be
-1311-1adulterated or contaminated. If the administrator director
2 determines that the alcoholic liquors may be adulterated or
3contaminated, the administrator director shall order their
4destruction.
5 Sec. 2362. Section 123.10, unnumbered paragraph 1, Code
62023, is amended to read as follows:
7The administrator director, with the approval of the
8commission and subject to chapter 17A, may adopt rules as
9necessary to carry out this chapter. The administrator’s
10 director’s authority under this chapter extends to, but is not
11limited to, the following:
12 Sec. 2363. Section 123.10, subsections 1, 6, 14, and 15,
13Code 2023, are amended to read as follows:
141. Prescribing the duties of officers, clerks, agents, or
15other employees of the division department under this chapter
16 and regulating their conduct while in the discharge of their
17duties.
186. Providing for the issuance and electronic distribution
19of price lists which show the price to be paid by class
20“E” retail alcohol licensees for each brand, class, or
21variety of liquor kept for sale by the division department,
22providing for the filing or posting of prices charged in sales
23between class “A” beer and class “A” wine permit holders and
24retailers, as provided in this chapter, and establishing or
25controlling the prices based on minimum standards of fill,
26quantity, or alcoholic content for each individual sale of
27alcoholic beverages as deemed necessary for retail or consumer
28protection. However, the division department shall not
29regulate markups, prices, discounts, allowances, or other terms
30of sale at which alcoholic liquor may be purchased by the
31retail public or retail alcohol licensees from class “E” retail
32alcohol licensees or at which wine may be purchased and sold
33by class “A” and retail wine permittees, or change, nullify,
34or vary the terms of an agreement between a holder of a vintner
35certificate of compliance and a class “A” wine permittee.
-1312- 114. Prescribing the uniform fee to be assessed against
2a retail alcohol licensee, except a class “B”, special class
3“B”, or class “E” retail alcohol licensee, to cover the
4administrative costs incurred by the division department
5 resulting from the failure of the licensee to maintain dramshop
6liability insurance coverage pursuant to section 123.92,
7subsection 2, paragraph “a”.
815. Prescribing the uniform fee, not to exceed one hundred
9dollars, to be assessed against a licensee or permittee under
10this chapter for a contested case hearing conducted by the
11division department or by an administrative law judge from
12the department of inspections and appeals which results in
13administrative action taken against the licensee or permittee
14by the division department.
15 Sec. 2364. Section 123.11, Code 2023, is amended to read as
16follows:
17123.11 Compensation and expenses.
18Members of the commission, the administrator director, and
19other employees of the division department shall be allowed
20their actual and necessary expenses while traveling on business
21of the division department under this chapter outside of their
22place of residence, however, an itemized account of such
23expenses shall be verified by the claimant and approved by the
24administrator director. If such account is paid, the same
25shall be filed with the division department and be and remain
26a part of its permanent records. Each member appointed to
27the commission is entitled to receive reimbursement of actual
28expenses incurred while attending meetings. Each member of
29the commission may also be eligible to receive compensation
30as provided in section 7E.6. All expenses and salaries of
31commission members, the administrator director, and other
32employees shall be paid from appropriations for such purposes
33and the division department shall be subject to the budget
34requirements of chapter 8.
35 Sec. 2365. Section 123.12, Code 2023, is amended to read as
-1313-1follows:
2123.12 Exemption from suit.
3No A commission member or officer or employee of the division
4 department shall not be personally liable for damages sustained
5by any person due to the act of such member, officer, or
6employee performed in the reasonable discharge of the member’s,
7officer’s, or employee’s duties as enumerated in this chapter.
8 Sec. 2366. Section 123.13, Code 2023, is amended to read as
9follows:
10123.13 Prohibitions on commission members and employees.
111. Commission members, officers, and employees of the
12division department under this chapter shall not, while holding
13such office or position, do any of the following:
14a. Hold any other office or position under the laws of this
15state, or any other state or territory or of the United States.
16b. Engage in any occupation, business, endeavor, or activity
17which would or does conflict with their duties under this
18chapter.
19c. Directly or indirectly, use their office or employment
20to influence, persuade, or induce any other officer, employee,
21or person to adopt their political views or to favor any
22particular candidate for an elective or appointive public
23office.
24d. Directly or indirectly, solicit or accept, in any manner
25or way, any money or other thing of value for any person
26seeking an elective or appointive public office, or to any
27political party or any group of persons seeking to become a
28political party.
292. Except as provided in section 123.5, subsection 3, a
30commission member or division department employee under this
31chapter shall not, directly or indirectly, individually, or as
32a member of a partnership or shareholder in a corporation, have
33any interest in dealing in or in the manufacture of alcoholic
34liquor, wine, or beer, and shall not receive any kind of profit
35nor have any interest in the purchase or sale of alcoholic
-1314-1liquor, wine, or beer by persons so authorized under this
2chapter. However, this subsection does not prohibit any member
3or employee from lawfully purchasing and keeping alcoholic
4liquor, wine, or beer in the member’s or employee’s possession
5for personal use.
63. Any officer or employee violating this section or any
7other provisions of this chapter shall, in addition to any
8other penalties provided by law, be subject to suspension or
9discharge from employment. Any commission member shall, in
10addition to any other penalties provided by law, be subject to
11removal from office as provided by chapter 66.
12 Sec. 2367. Section 123.14, Code 2023, is amended to read as
13follows:
14123.14 Alcoholic beverage control law enforcement.
151. The department of public safety is the primary alcoholic
16beverage control law enforcement authority for this state.
172. The county attorney, the county sheriff and the sheriff’s
18deputies, and the police department of every city, and the
19alcoholic beverages division of the department of commerce,
20shall be supplementary aids to the department of public safety
21for purposes of alcoholic beverage control law enforcement.
22Any neglect, misfeasance, or malfeasance shown by any peace
23officer included in this section shall be sufficient cause
24for the peace officer’s removal as provided by law. This
25section shall not be construed to affect the duties and
26responsibilities of any county attorney or peace officer with
27respect to law enforcement.
283. The department of public safety shall have full access
29to all records, reports, audits, tax reports and all other
30documents and papers in the alcoholic beverages division
31 department pertaining to liquor licensees and wine and beer
32permittees and their business.
33 Sec. 2368. Section 123.16, unnumbered paragraph 1, Code
342023, is amended to read as follows:
35The commission department shall cause to be prepared an
-1315-1annual report to the governor of the state, ending with June 30
2of each fiscal year, on the operation and financial position of
3the division department under this chapter for the preceding
4fiscal year. The report shall include but is not limited to
5the following information:
6 Sec. 2369. Section 123.16, subsections 1 and 7, Code 2023,
7are amended to read as follows:
81. Amount of profit or loss from division department
9 operations under this chapter.
107. Amount of fees paid to the division department from
11retail alcohol licenses, wine permits, and beer permits, in
12gross, and the amount of retail alcohol license fees returned
13to local subdivisions of government as provided under this
14chapter.
15 Sec. 2370. Section 123.17, Code 2023, is amended to read as
16follows:
17123.17 Beer and liquor control fund — allocations to
18substance abuse programs — use of civil penalties.
191. There shall be established within the office of
20the treasurer of state a fund to be known as the beer and
21liquor control fund. The fund shall consist of any moneys
22appropriated by the general assembly for deposit in the fund
23and moneys received from the sale of alcoholic liquors by the
24division department, from the issuance of permits and licenses,
25and of moneys and receipts received by the division department
26 from any other source under this chapter.
272. a. The director of the department of administrative
28services shall periodically transfer from the beer and liquor
29control fund to the general fund of the state those revenues
30of the division department which are not necessary for the
31purchase of liquor for resale by the division department,
32or for remittances to local authorities or other sources as
33required by this chapter, or for other obligations and expenses
34of the division department which are paid from such fund.
35b. All moneys received by the division department from
-1316-1the issuance of vintner’s certificates of compliance and wine
2permits shall be transferred by the director of the department
3of administrative services to the general fund of the state.
43. Notwithstanding subsection 2, if gaming revenues under
5sections 99D.17 and 99F.11 are insufficient in a fiscal year to
6meet the total amount of such revenues directed to be deposited
7in the revenue bonds debt service fund and the revenue bonds
8federal subsidy holdback fund during the fiscal year pursuant
9to section 8.57, subsection 5, paragraph “e”, the difference
10shall be paid from moneys deposited in the beer and liquor
11control fund prior to transfer of such moneys to the general
12fund pursuant to subsection 2 and prior to the transfer of such
13moneys pursuant to subsections 5 and 6. If moneys deposited in
14the beer and liquor control fund are insufficient during the
15fiscal year to pay the difference, the remaining difference
16shall be paid from moneys deposited in the beer and liquor
17control fund in subsequent fiscal years as such moneys become
18available.
194. The treasurer of state shall, each quarter, prepare
20an estimate of the gaming revenues and of the moneys to be
21deposited in the beer and liquor control fund that will become
22available during the remainder of the appropriate fiscal year
23for the purposes described in subsection 3. The department
24of management, the department of inspections and appeals, and
25the department of commerce shall take appropriate actions to
26provide that the sum of the amount of gaming revenues available
27to be deposited into the revenue bonds debt service fund and
28the revenue bonds federal subsidy holdback fund during a fiscal
29year and the amount of moneys to be deposited in the beer and
30liquor control fund available to be deposited into the revenue
31bonds debt service fund and the revenue bonds federal subsidy
32holdback fund during such fiscal year will be sufficient to
33cover any anticipated deficiencies.
345. After any transfer provided for in subsection 3 is
35made, the department of commerce shall transfer into a special
-1317-1revenue account in the general fund of the state, a sum of
2money at least equal to seven percent of the gross amount
3of sales made by the division department from the beer and
4liquor control fund on a monthly basis but not less than nine
5million dollars annually. Of the amounts transferred, two
6million dollars, plus an additional amount determined by the
7general assembly, shall be appropriated to the Iowa department
8of public health for use by the staff who administer the
9comprehensive substance abuse program under chapter 125 for
10substance abuse treatment and prevention programs. Any amounts
11received in excess of the amounts appropriated to the Iowa
12department of public health for use by the staff who administer
13the comprehensive substance abuse program under chapter 125
14shall be considered part of the general fund balance.
156. After any transfers provided for in subsections 3 and
165, the department of commerce shall receive a transfer to the
17division from the beer and liquor control fund and before any
18other transfer to the general fund, an amount sufficient to pay
19the costs incurred by the division department for collecting
20and properly disposing of the liquor containers.
217. After any transfers provided for in subsections 3, 5,
22and 6, and before any other transfer to the general fund,
23the department of commerce shall transfer to the economic
24development authority from the beer and liquor control fund
25two million dollars annually for statewide tourism marketing
26services and efforts pursuant to section 15.275.
278. After any transfers provided for in subsections 3, 5, 6,
28and 7, and before any other transfer to the general fund, the
29department of commerce shall transfer from the beer and liquor
30control fund one million dollars to the Iowa department of
31public health for distribution pursuant to section 125.59.
329. Civil penalties imposed and collected by the division
33 department under this chapter shall be credited to the general
34fund of the state. The moneys from the civil penalties shall
35be used by the division department, subject to appropriation by
-1318-1the general assembly, for the purposes of providing educational
2programs, information and publications for alcoholic
3beverage licensees and permittees, local authorities, and law
4enforcement agencies regarding the laws and rules which govern
5the alcoholic beverages industry, and for promoting compliance
6with alcoholic beverage laws and rules.
7 Sec. 2371. Section 123.18, Code 2023, is amended to read as
8follows:
9123.18 Appropriations.
10Division Department appropriations for purposes of this
11chapter shall be paid by the treasurer of state upon the orders
12of the administrator director, in such amounts and at such
13times as the administrator director deems necessary to carry on
14operations in accordance with the terms of this chapter.
15 Sec. 2372. Section 123.22, subsection 1, Code 2023, is
16amended to read as follows:
171. The division department has the exclusive right of
18importation into the state of all forms of alcoholic liquor,
19except as otherwise provided in this chapter, and a person
20shall not import alcoholic liquor, except that an individual of
21legal age may import and have in the individual’s possession
22an amount of alcoholic liquor not exceeding nine liters per
23calendar month that the individual personally obtained outside
24the state. Alcoholic liquor imported by an individual pursuant
25to this subsection shall be for personal consumption only in
26a private home or other private accommodation. A distillery
27shall not sell alcoholic liquor within the state to any person
28but only to the division department, except as otherwise
29provided in this chapter. This section vests in the division
30 department exclusive control within the state as purchaser of
31all alcoholic liquor sold by distilleries within the state
32or imported, except beer and wine, and except as otherwise
33provided in this chapter. The division department shall
34receive alcoholic liquor on a bailment system for resale by the
35division department in the manner set forth in this chapter.
-1319-1The division department shall act as the sole wholesaler of
2alcoholic liquor to class “E” retail alcohol licensees.
3 Sec. 2373. Section 123.23, subsections 1, 2, 3, and 5, Code
42023, are amended to read as follows:
51. Any manufacturer, distiller, or importer of alcoholic
6liquors shipping, selling, or having alcoholic liquors brought
7into this state for resale by the state shall, as a condition
8precedent to the privilege of so trafficking in alcoholic
9liquors in this state, annually make application for and hold
10a distiller’s certificate of compliance which shall be issued
11by the administrator director for that purpose. No brand of
12alcoholic liquor shall be sold by the division department
13 in this state unless the manufacturer, distiller, importer,
14and all other persons participating in the distribution of
15that brand in this state have obtained a certificate. The
16certificate of compliance shall expire at the end of one year
17from the date of issuance and shall be renewed for a like
18period upon application to the administrator director unless
19otherwise suspended or revoked for cause. Each completed
20application for a certificate of compliance or renewal shall
21be submitted electronically, or in a manner prescribed by the
22administrator director, and shall be accompanied by a fee
23of two hundred dollars payable to the division department.
24However, this subsection need not apply to a manufacturer,
25distiller, or importer who ships or sells in this state no more
26than eleven gallons or its case equivalent during any fiscal
27year as a result of “special orders” which might be placed, as
28defined and allowed by divisional departmental rules adopted
29under this chapter.
302. At the time of applying for a certificate of compliance,
31each applicant shall submit to the division department
32 electronically, or in a manner prescribed by the administrator
33 director, the name and address of its authorized agent
34for service of process which shall remain effective until
35changed for another, and a list of names and addresses of all
-1320-1representatives, employees, or attorneys whom the applicant has
2appointed in the state of Iowa to represent it for any purpose.
3The listing shall be amended by the certificate holder as
4necessary to keep the listing current with the division
5 department.
63. The administrator director and the attorney general
7are authorized to require any certificate holder or person
8listed as the certificate holder’s representative, employee,
9or attorney to disclose such financial and other records and
10transactions as may be considered relevant in discovering
11violations of this chapter or of rules and regulations of
12the division department under this chapter or of any other
13provision of law by any person.
145. This section shall not require the listing of those
15persons who are employed on premises where alcoholic liquors
16are manufactured, processed, bottled, or packaged in Iowa or
17persons who are thereafter engaged in the transporting of such
18alcoholic liquors to the division department.
19 Sec. 2374. Section 123.24, Code 2023, is amended to read as
20follows:
21123.24 Alcoholic liquor sales by the division department —
22dishonored payments — liquor prices.
231. The division department shall sell alcoholic liquor at
24wholesale only. The division department shall sell alcoholic
25liquor to class “E” retail alcohol licensees only. The
26division department shall offer the same price on alcoholic
27liquor to all class “E” retail alcohol licensees without regard
28for the quantity of purchase or the distance for delivery.
292. The price of alcoholic liquor sold by the division
30 department shall consist of the following:
31a. The manufacturer’s price.
32b. A markup of up to fifty percent of the wholesale price
33paid by the division department for the alcoholic liquor.
34The division department may increase the markup on selected
35kinds of alcoholic liquor sold by the division department if
-1321-1the average return to the division department on all sales of
2alcoholic liquor does not exceed the wholesale price paid by
3the division department and the fifty percent markup.
4c. A split case charge in an amount determined by the
5division department when alcoholic liquor is sold in quantities
6which require a case to be split.
7d. A bottle surcharge in an amount sufficient, when added to
8the amount not refunded to class “E” retail alcohol licensees
9pursuant to section 455C.2, to pay the costs incurred by the
10division department for collecting and properly disposing of
11the liquor containers. The amount collected pursuant to this
12paragraph, in addition to any amounts not refunded to class “E”
13retail alcohol licensees pursuant to section 455C.2, shall be
14deposited in the beer and liquor control fund established under
15section 123.17.
163. a. The division department may accept from a class
17“E” retail alcohol licensee electronic funds transferred by
18automated clearing house, wire transfer, or another method
19deemed acceptable by the administrator director, in payment of
20alcoholic liquor. If a payment is subsequently dishonored,
21the division department shall cause a notice of nonpayment
22and penalty to be served upon the class “E” retail alcohol
23licensee or upon any person in charge of the licensed premises.
24The notice shall state that if payment or satisfaction for
25the dishonored payment is not made within ten days of the
26service of notice, the licensee’s retail alcohol license may
27be suspended under section 123.39. The notice of nonpayment
28and penalty shall be in a form prescribed by the administrator
29 director, and shall be sent by certified mail.
30b. If upon notice and hearing under section 123.39 and
31pursuant to the provisions of chapter 17A concerning a
32contested case hearing, the administrator director determines
33that the class “E” retail alcohol licensee failed to satisfy
34the obligation for which the payment was issued within ten days
35after the notice of nonpayment and penalty was served on the
-1322-1licensee as provided in paragraph “a” of this subsection, the
2administrator director may suspend the licensee’s class “E”
3retail alcohol license for a period not to exceed ten days.
44. The administrator director may refuse to sell alcoholic
5liquor to a class “E” retail alcohol licensee who tenders a
6payment which is subsequently dishonored until the outstanding
7obligation is satisfied.
8 Sec. 2375. Section 123.25, Code 2023, is amended to read as
9follows:
10123.25 Consumption on premises.
11An officer, clerk, agent, or employee of the division
12 department employed in a state-owned warehouse under this
13chapter shall not allow any alcoholic beverage to be consumed
14on the premises, nor shall a person consume any alcoholic
15liquor on the premises except for testing or sampling purposes
16only.
17 Sec. 2376. Section 123.26, Code 2023, is amended to read as
18follows:
19123.26 Restrictions on sales — seals — labeling.
20Alcoholic liquor shall not be sold by a class “E” retail
21alcohol licensee except in a sealed container with identifying
22markers as prescribed by the administrator director and affixed
23in the manner prescribed by the administrator director, and no
24such container shall be opened upon the premises of a state
25warehouse. The division department shall cooperate with the
26department of natural resources so that only one identifying
27marker or mark is needed to satisfy the requirements of this
28section and section 455C.5, subsection 1. Possession of
29alcoholic liquors which do not carry the prescribed identifying
30markers is a violation of this chapter except as provided in
31section 123.22.
32 Sec. 2377. Section 123.27, Code 2023, is amended to read as
33follows:
34123.27 Sales and deliveries prohibited.
35It is unlawful to transact the sale or delivery of alcoholic
-1323-1liquor in, on, or from the premises of a state warehouse:
21. After the closing hour as established by the
3administrator director.
42. On any legal holiday except those designated by the
5administrator director.
63. During other periods or days as designated by the
7administrator director.
8 Sec. 2378. Section 123.28, subsections 1 and 2, Code 2023,
9are amended to read as follows:
101. It is lawful to transport, carry, or convey alcoholic
11liquors from the place of purchase by the division department
12 to a state warehouse or depot established by the division
13 department or from one such place to another and, when so
14permitted by this chapter, it is lawful for the division
15 department, a common carrier, or other person to transport,
16carry, or convey alcoholic liquor sold from a state warehouse,
17depot, or point of purchase by the state to any place to which
18the liquor may be lawfully delivered under this chapter.
192. The division department shall deliver alcoholic liquor
20purchased by class “E” retail alcohol licensees. Class “E”
21retail alcohol licensees may deliver alcoholic liquor purchased
22by class “C”, class “D”, or class “F” retail alcohol licensees,
23and class “C”, class “D”, or class “F” retail alcohol licensees
24may transport alcoholic liquor purchased from class “E” retail
25alcohol licensees.
26 Sec. 2379. Section 123.29, subsection 1, Code 2023, is
27amended to read as follows:
281. This chapter does not prohibit the sale of patent and
29proprietary medicines, tinctures, food products, extracts,
30toiletries, perfumes, and similar products, which are not
31susceptible of use as a beverage, but which contain alcoholic
32liquor, wine, or beer as one of their ingredients. These
33products may be sold through ordinary wholesale and retail
34businesses without a license or permit issued by the division
35 department.
-1324-1 Sec. 2380. Section 123.30, subsections 1 and 2, Code 2023,
2are amended to read as follows:
31. a. A retail alcohol license may be issued to any person
4who is of good moral character as defined by this chapter.
5b. As a condition for issuance of a retail alcohol license
6or wine or beer permit, the applicant must give consent
7to members of the fire, police, and health departments
8and the building inspector of cities; the county sheriff
9or deputy sheriff; members of the department of public
10safety; representatives of the division department and of
11the department of inspections and appeals; certified police
12officers; and any official county health officer to enter upon
13areas of the premises where alcoholic beverages are stored,
14served, or sold, without a warrant during business hours of
15the licensee or permittee to inspect for violations of this
16chapter or ordinances and regulations that cities and boards
17of supervisors may adopt. However, a subpoena issued under
18section 421.17 or a warrant is required for inspection of
19private records, a private business office, or attached living
20quarters. Persons who are not certified peace officers shall
21limit the scope of their inspections of licensed premises
22to the regulatory authority under which the inspection is
23conducted. All persons who enter upon a licensed premises to
24conduct an inspection shall present appropriate identification
25to the owner of the establishment or the person who appears
26to be in charge of the establishment prior to commencing
27an inspection; however, this provision does not apply to
28undercover criminal investigations conducted by peace officers.
29c. As a further condition for the issuance of a class “E”
30retail alcohol license, the applicant shall post a bond in
31a sum of not less than five thousand nor more than fifteen
32thousand dollars as determined on a sliding scale established
33by the division department; however, a bond shall not be
34required if all purchases of alcoholic liquor from the division
35 department by the licensee are made by means that ensure that
-1325-1the division department will receive full payment in advance of
2delivery of the alcoholic liquor.
3d. A class “E” retail alcohol license may be issued to a
4city council for premises located within the limits of the city
5if there are no class “E” retail alcohol licensees operating
6within the limits of the city and no other applications for a
7class “E” license for premises located within the limits of
8the city at the time the city council’s application is filed.
9If a class “E” retail alcohol license is subsequently issued
10to a private person for premises located within the limits of
11the city, the city council shall surrender its license to the
12division department within one year of the date that the class
13“E” retail alcohol licensee begins operating, liquidate any
14remaining assets connected with the liquor store, and cease
15operating the liquor store.
162. A retail alcohol license shall not be issued for premises
17which do not constitute a safe and proper place or building
18and which do not conform to all applicable laws, ordinances,
19resolutions, and health and fire regulations. A licensee
20shall not have or maintain any interior access to residential
21or sleeping quarters unless permission is granted by the
22administrator director in the form of a living quarters permit.
23 Sec. 2381. Section 123.30, subsection 3, paragraph d,
24subparagraphs (1) and (5), Code 2023, are amended to read as
25follows:
26(1) A class “E” retail alcohol license may be issued and
27shall authorize the holder to purchase alcoholic liquor in
28original unopened containers from the division department
29 only, wine from a class “A” wine permittee only, and beer from
30a class “A” beer permittee only; to sell alcoholic liquor,
31wine, and beer in original unopened containers at retail to
32patrons for consumption off the licensed premises; and to sell
33alcoholic liquor and high alcoholic content beer at wholesale
34to other retail alcohol licensees, provided the holder has
35filed with the division department a basic permit issued by the
-1326-1alcohol and tobacco tax and trade bureau of the United States
2department of the treasury.
3(5) The division department may issue a class “E” retail
4alcohol license for premises covered by a retail alcohol
5license for on-premises consumption under any of the following
6circumstances:
7(a) If the premises are in a county having a population
8under nine thousand five hundred in which no other class
9“E” retail alcohol license has been issued by the division
10 department, and no other application for a class “E” retail
11alcohol license has been made within the previous twelve
12consecutive months.
13(b) If, notwithstanding any provision of this chapter to the
14contrary, the premises covered by a retail alcohol license is a
15grocery store that is at least five thousand square feet.
16 Sec. 2382. Section 123.31, subsection 1, unnumbered
17paragraph 1, Code 2023, is amended to read as follows:
18A person applying for a retail alcohol license shall submit a
19completed application electronically, or in a manner prescribed
20by the administrator director, which shall set forth under oath
21the following:
22 Sec. 2383. Section 123.31, subsection 1, paragraphs e and g,
23Code 2023, are amended to read as follows:
24e. When required by the administrator director, and in
25such form and containing such information as the administrator
26 director may require, a description of the premises where the
27applicant intends to use the license, to include a sketch or
28drawing of the premises and, if applicable, the number of
29square feet of interior floor space which comprises the retail
30sales area of the premises.
31g. Any other information as required by the administrator
32 director.
33 Sec. 2384. Section 123.31, subsection 2, paragraph d, Code
342023, is amended to read as follows:
35d. That the premises where the applicant intends to use the
-1327-1license conforms to all applicable laws, health regulations,
2and fire regulations, and constitutes a safe and proper place
3or building and that the applicant shall not have or maintain
4any interior access to residential or sleeping quarters unless
5permission is granted by the administrator director in the form
6of a living quarters permit.
7 Sec. 2385. Section 123.31A, subsection 3, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9Subject to the rules of the division department, sales made
10pursuant to this section may be made in a container other
11than the original container only if all of the following
12requirements are met:
13 Sec. 2386. Section 123.31A, subsection 3, paragraph d, Code
142023, is amended to read as follows:
15d. The container to be sold shall be securely sealed
16by a method authorized by the division department that is
17designed so that if the sealed container is reopened or the
18seal tampered with, it is visibly apparent that the seal on the
19container of beer or wine has been tampered with or the sealed
20container has otherwise been reopened.
21 Sec. 2387. Section 123.31A, subsection 4, Code 2023, is
22amended to read as follows:
234. A container of beer or wine other than the original
24container that is sold and sealed in compliance with the
25requirements of subsection 3 and the division’s department’s
26 rules shall not be deemed an open container subject to the
27requirements of sections 321.284 and 321.284A if the sealed
28container is unopened and the seal has not been tampered with,
29and the contents of the container have not been partially
30removed.
31 Sec. 2388. Section 123.32, subsection 1, paragraph b,
32unnumbered paragraph 1, Code 2023, is amended to read as
33follows:
34A completed application for a class “D” retail alcohol
35license and for any of the following certificates, licenses,
-1328-1or permits shall be submitted to the division department
2 electronically, or in a manner prescribed by the administrator
3 director, which shall proceed in the same manner as in the case
4of an application approved by local authorities:
5 Sec. 2389. Section 123.32, subsections 2, 6, 7, 8, and 9,
6Code 2023, are amended to read as follows:
72. Action by local authorities. The local authority
8shall either approve or disapprove the issuance of a retail
9alcohol license, shall endorse its approval or disapproval
10on the application, and shall forward the application with
11the necessary fee and bond, if required, to the division
12 department. There is no limit upon the number of retail
13alcohol licenses which may be approved for issuance by local
14authorities.
156. Action by administrator director.
16a. Upon receipt of an application having been disapproved by
17the local authority, the administrator director shall notify
18the applicant that the applicant may appeal the disapproval of
19the application to the administrator director. The applicant
20shall be notified by certified mail or personal service, and
21the application, the fee, and any bond shall be returned to the
22applicant.
23b. Upon receipt of an application having been approved by
24the local authority, the division department shall make an
25investigation as the administrator director deems necessary to
26determine that the applicant complies with all requirements
27for holding a license, and may require the applicant to appear
28to be examined under oath to demonstrate that the applicant
29complies with all of the requirements to hold a license. If
30the administrator director requires the applicant to appear
31and to testify under oath, a record shall be made of all
32testimony or evidence and the record shall become a part of the
33application. The administrator director may appoint a member
34of the division department or may request an administrative
35law judge of the department of inspections and appeals to
-1329-1receive the testimony under oath and evidence, and to issue a
2proposed decision to approve or disapprove the application for
3a license. The administrator director may affirm, reverse,
4or modify the proposed decision to approve or disapprove the
5application for the license. If the application is approved by
6the administrator director, the license shall be issued. If
7the application is disapproved by the administrator director,
8the applicant shall be so notified by certified mail or
9personal service and the appropriate local authority shall
10be notified electronically, or in a manner prescribed by the
11administrator director.
127. Appeal to administrator director. An applicant for a
13retail alcohol license may appeal from the local authority’s
14disapproval of an application for a license or permit to the
15administrator director. In the appeal the applicant shall
16be allowed the opportunity to demonstrate in an evidentiary
17hearing conducted pursuant to chapter 17A that the applicant
18complies with all of the requirements for holding the license
19or permit. The administrator director may appoint a member of
20the division department or may request an administrative law
21judge from the department of inspections and appeals to conduct
22the evidentiary hearing and to render a proposed decision to
23approve or disapprove the issuance of the license or permit.
24The administrator director may affirm, reverse, or modify the
25proposed decision. If the administrator director determines
26that the applicant complies with all of the requirements
27for holding a license or permit, the administrator director
28 shall order the issuance of the license or permit. If the
29administrator director determines that the applicant does not
30comply with the requirements for holding a license or permit,
31the administrator director shall disapprove the issuance of the
32license or permit.
338. Judicial review. The applicant or the local
34authority may seek judicial review of the action of the
35administrator director in accordance with the terms of the Iowa
-1330-1administrative procedure Act, chapter 17A. Notwithstanding
2the terms of the Iowa administrative procedure Act, chapter
317A, petitions for judicial review may be filed in the
4district court of the county where the premises covered by the
5application are situated.
69. Suspension by local authority. A retail alcohol licensee
7whose license has been suspended or revoked or a civil penalty
8imposed by a local authority for a violation of this chapter
9or suspended by a local authority for violation of a local
10ordinance may appeal the suspension, revocation, or civil
11penalty to the administrator director. The administrator
12 director may appoint a member of the division department or
13may request an administrative law judge from the department
14of inspections and appeals to hear the appeal which shall
15be conducted in accordance with chapter 17A and to issue a
16proposed decision. The administrator director may review the
17proposed decision upon the motion of a party to the appeal or
18upon the administrator’s director’s own motion in accordance
19with chapter 17A. Upon review of the proposed decision, the
20administrator director may affirm, reverse, or modify the
21proposed decision. A retail alcohol licensee or a local
22authority aggrieved by a decision of the administrator director
23 may seek judicial review of the decision pursuant to chapter
2417A.
25 Sec. 2390. Section 123.33, Code 2023, is amended to read as
26follows:
27123.33 Records.
28Every holder of a license or permit under this chapter
29shall maintain records, in printed or electronic format,
30which include income statements, balance sheets, purchase and
31sales invoices, purchase and sales ledgers, and any other
32records as the administrator director may require. The records
33required and the premises of the licensee or permittee shall be
34accessible and open to inspection pursuant to section 123.30,
35subsection 1, during normal business hours of the licensee or
-1331-1permittee.
2 Sec. 2391. Section 123.34, subsection 1, paragraph a, Code
32023, is amended to read as follows:
4a. The administrator director may issue eight-month seasonal
5class “C”, special class “C”, class “D”, and class “F” retail
6alcohol licenses.
7 Sec. 2392. Section 123.34, subsection 2, paragraph a, Code
82023, is amended to read as follows:
9a. The administrator director may issue fourteen-day class
10“C”, special class “C”, class “D”, and class “F” retail alcohol
11licenses.
12 Sec. 2393. Section 123.34, subsection 3, paragraph a, Code
132023, is amended to read as follows:
14a. The administrator director may issue five-day class “C”,
15special class “C”, class “D”, and class “F” retail alcohol
16licenses.
17 Sec. 2394. Section 123.35, subsection 2, unnumbered
18paragraph 1, Code 2023, is amended to read as follows:
19Notwithstanding section 123.31 and any other provision
20of this chapter to the contrary, a class “E” retail alcohol
21license shall automatically renew without the endorsement of
22a local authority or approval by the administrator director
23 upon collection of the annual fee by the division department,
24provided all of the following conditions are met since the
25preceding license was issued:
26 Sec. 2395. Section 123.35, subsection 2, paragraphs a, e,
27and h, Code 2023, are amended to read as follows:
28a. The licensee has given written consent to the division
29 department to have the license automatically renewed as
30provided in this section.
31e. The licensee has not submitted payment for alcoholic
32liquor to the division department that was subsequently
33dishonored.
34h. A local authority has not notified the division
35 department, in a manner established by the division department
-1332-1 and made available to local authorities, that automatic renewal
2should not occur and that further review of the licensee by
3the division department and the applicable local authority is
4warranted.
5 Sec. 2396. Section 123.35, subsection 3, unnumbered
6paragraph 1, Code 2023, is amended to read as follows:
7Notwithstanding sections 123.23, 123.135, 123.180, and any
8other provision of this chapter to the contrary, a distiller’s,
9brewer’s, or vintner’s certificate of compliance shall
10automatically renew without approval by the administrator
11 director upon collection of the annual fee by the division
12 department, provided all of the following conditions are met
13since the preceding certificate was issued:
14 Sec. 2397. Section 123.35, subsection 3, paragraph a, Code
152023, is amended to read as follows:
16a. The certificate holder has given written consent to
17the division department to have the certificate automatically
18renewed as provided in this section.
19 Sec. 2398. Section 123.35, subsection 4, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21Notwithstanding section 123.187 and any other provision of
22this chapter to the contrary, a wine direct shipper’s permit
23shall automatically renew without approval by the administrator
24 director upon collection of the annual fee by the division
25 department, provided all of the following conditions are met
26since the preceding permit was issued:
27 Sec. 2399. Section 123.35, subsection 4, paragraph a, Code
282023, is amended to read as follows:
29a. The permittee has given written consent to the division
30 department to have the permit automatically renewed as provided
31in this section.
32 Sec. 2400. Section 123.36, subsection 1, unnumbered
33paragraph 1, Code 2023, is amended to read as follows:
34The following fees shall be paid to the division department
35 annually for retail alcohol licenses issued under section
-1333-1123.30:
2 Sec. 2401. Section 123.36, subsection 2, Code 2023, is
3amended to read as follows:
42. The division department shall credit all fees to the beer
5and liquor control fund. The division department shall remit
6to the appropriate local authority a sum equal to sixty-five
7percent of the fees collected for each class “B”, class “C”,
8or class “F” license except special class “C” licenses or
9class “E” licenses, covering premises located within the local
10authority’s jurisdiction. The division department shall remit
11to the appropriate local authority a sum equal to seventy-five
12percent of the fees collected for each special class “C”
13license covering premises located within the local authority’s
14jurisdiction. Those fees collected for each class “E” retail
15alcohol license shall be credited to the beer and liquor
16control fund.
17 Sec. 2402. Section 123.37, subsections 2, 3, and 4, Code
182023, are amended to read as follows:
192. The administrator director may compromise and settle
20doubtful and disputed claims for taxes imposed under
21this chapter or for taxes of doubtful collectibility,
22notwithstanding section 7D.9. The administrator director may
23enter into informal settlements pursuant to section 17A.10 to
24compromise and settle doubtful and disputed claims for taxes
25imposed under this chapter. The administrator director may
26make a claim under a licensee’s or permittee’s penal bond for
27taxes of doubtful collectibility. Whenever a compromise or
28settlement is made, the administrator director shall make a
29complete record of the case showing the tax assessed, reports
30and audits, if any, the licensee’s or permittee’s grounds for
31dispute or contest, together with all evidence of the dispute
32or contest, and the amounts, conditions, and settlement or
33compromise of the dispute or contest.
343. A licensee or permittee who disputes the amount of tax
35imposed must pay all tax and penalty pertaining to the disputed
-1334-1tax liability prior to appealing the disputed tax liability to
2the administrator director.
34. The administrator director shall adopt rules
4establishing procedures for payment of disputed taxes imposed
5under this chapter. If it is determined that the tax is not
6due in whole or in part, the division department shall promptly
7refund the part of the tax payment which is determined not to
8be due.
9 Sec. 2403. Section 123.38, subsection 1, Code 2023, is
10amended to read as follows:
111. A retail alcohol license, wine permit, or beer permit
12is a personal privilege and is revocable for cause. It is not
13property nor is it subject to attachment and execution nor
14alienable nor assignable, and it shall cease upon the death
15of the permittee or licensee. However, the administrator of
16the division director may in the administrator’s director’s
17 discretion allow the executor or administrator of the estate of
18a permittee or licensee to operate the business of the decedent
19for a reasonable time not to exceed the expiration date of the
20permit or license. Every permit or license shall be issued in
21the name of the applicant and no person holding a permit or
22license shall allow any other person to use it.
23 Sec. 2404. Section 123.38, subsection 2, paragraph a,
24unnumbered paragraph 1, Code 2023, is amended to read as
25follows:
26Any licensee or permittee, or the executor or administrator
27of the estate of a licensee or permittee, or any person duly
28appointed by the court to take charge of and administer the
29property or assets of the licensee or permittee for the benefit
30of the licensee’s or permittee’s creditors, may voluntarily
31surrender a license or permit to the division department. When
32a license or permit is surrendered, the division department
33 shall notify the local authority, and the division department
34 or the local authority shall refund to the person surrendering
35the license or permit, a proportionate amount of the fee
-1335-1received by the division department or the local authority for
2the license or permit as follows:
3 Sec. 2405. Section 123.38, subsection 2, paragraphs b and c,
4Code 2023, are amended to read as follows:
5b. For purposes of this subsection, any portion of license
6or permit fees used for the purposes authorized in section
7331.424, subsection 1, paragraph “a”, subparagraphs (1) and
8(2), shall not be deemed received either by the division
9 department or by a local authority.
10c. No refund shall be made to any licensee or permittee upon
11the surrender of the license or permit if there is at the time
12of surrender a complaint filed with the division department
13 or local authority charging the licensee or permittee with a
14violation of this chapter.
15 Sec. 2406. Section 123.38, subsection 3, Code 2023, is
16amended to read as follows:
173. The local authority may in its discretion authorize a
18licensee or permittee to transfer the license or permit from
19one location to another within the same incorporated city,
20or within a county outside the corporate limits of a city,
21provided that the premises to which the transfer is to be made
22would have been eligible for a license or permit in the first
23instance and such transfer will not result in the violation
24of any law. All transfers authorized, and the particulars
25of same, shall be reported to the administrator director
26 by the local authority. The administrator director may by
27rule establish a uniform transfer fee to be assessed by all
28local authorities upon licensees or permittees to cover the
29administrative costs of such transfers, such fee to be retained
30by the local authority involved.
31 Sec. 2407. Section 123.38A, Code 2023, is amended to read
32as follows:
33123.38A Confidential investigative records.
34In order to assure a free flow of information for
35accomplishing the purposes of section 123.4 and section
-1336-1123.9, subsection 6, all complaint information, investigation
2files, audit files, and inspection files, other investigation
3reports, and other investigative information in the possession
4of the division department or employees acting under the
5authority of the administrator director under this chapter
6 are privileged and confidential, and are not subject to
7discovery, subpoena, or other means of legal compulsion for
8their release before administrative or criminal charges are
9filed. However, investigative information in the possession
10of division department employees under this chapter may be
11disclosed to the licensing authorities of a city or county
12within this state, in another state, the District of Columbia,
13or territory or county in which the licensee or permittee is
14licensed or permitted or has applied for a license or permit.
15In addition, the investigative information can be shared with
16any law enforcement agency or other state agency that also
17has investigative, regulatory, or enforcement jurisdiction
18authorized by law. Records received by the division department
19for purposes of this chapter from other agencies which would
20be confidential if created by the division department are
21considered confidential.
22 Sec. 2408. Section 123.39, subsections 1 and 4, Code 2023,
23are amended to read as follows:
241. a. (1) The administrator director or the local
25authority may suspend a class “B”, special class “B” native
26wine, class “C”, special class “C”, class “E”, or class “F”
27retail alcohol license, or charity beer, spirits, and wine
28special event license for a period not to exceed one year,
29revoke the license, or impose a civil penalty not to exceed one
30thousand dollars per violation.
31(2) The administrator director may suspend a certificate
32of compliance, a class “D” retail alcohol license, a
33manufacturer’s license, a broker’s permit, a class “A” native
34distilled spirits license, a class “A” or special class “A”
35beer permit, a class “A” wine permit, a wine direct shipper’s
-1337-1permit, or a wine carrier permit for a period not to exceed one
2year, revoke the license, permit, or certificate, or impose a
3civil penalty not to exceed one thousand dollars per violation.
4b. A license, permit, or certificate of compliance issued
5under this chapter may be suspended or revoked, or a civil
6penalty may be imposed for any of the following causes:
7(1) Misrepresentation of any material fact in the
8application for the license, permit, or certificate.
9(2) Violation of any of the provisions of this chapter.
10(3) Any change in the ownership or interest in the business
11operated under a retail alcohol license which change was not
12previously reported in a manner prescribed by the administrator
13 director within thirty days of the change and subsequently
14approved by the local authority, when applicable, and the
15division department.
16(4) An event which would have resulted in disqualification
17from receiving the license, permit, or certificate when
18originally issued.
19(5) Any sale, hypothecation, or transfer of the license,
20permit, or certificate.
21(6) The failure or refusal on the part of any license,
22permit, or certificate holder to render any report or remit any
23taxes to the division department under this chapter when due.
24c. A criminal conviction is not a prerequisite to
25suspension, revocation, or imposition of a civil penalty
26pursuant to this section.
27d. A local authority which acts pursuant to this section,
28section 123.32, or section 123.50 shall notify the division
29 department in writing of the action taken, and shall notify the
30license or permit holder of the right to appeal a suspension,
31revocation, or imposition of a civil penalty to the division
32 department.
33e. Before suspension, revocation, or imposition of a civil
34penalty by the administrator director, the license, permit,
35or certificate holder shall be given written notice and an
-1338-1opportunity for a hearing. The administrator director may
2appoint a member of the division department or may request an
3administrative law judge from the department of inspections
4and appeals to conduct the hearing and issue a proposed
5decision. Upon the motion of a party to the hearing or upon
6the administrator’s director’s own motion, the administrator
7 director may review the proposed decision in accordance
8with chapter 17A. Upon review of the proposed decision, the
9administrator director may affirm, reverse, or modify the
10proposed decision. A license, permit, or certificate holder
11aggrieved by a decision of the administrator director may seek
12judicial review of the administrator’s director’s decision in
13accordance with chapter 17A.
14f. Civil penalties imposed and collected by the local
15authority under this section shall be retained by the local
16authority. Civil penalties imposed and collected by the
17division department under this section shall be credited to
18the general fund of the state pursuant to section 123.17,
19subsection 9.
204. If the cause for suspension is a first offense
21violation of section 123.49, subsection 2, paragraph “h”,
22the administrator director or local authority shall impose a
23civil penalty in the amount of five hundred dollars in lieu of
24suspension of the license or permit.
25 Sec. 2409. Section 123.41, subsections 1, 2, 3, and 4, Code
262023, are amended to read as follows:
271. Each completed application to obtain or renew a
28manufacturer’s license shall be submitted to the division
29 department electronically, or in a manner prescribed by the
30administrator director, and shall be accompanied by a fee of
31three hundred dollars payable to the division department. The
32administrator director may in accordance with this chapter
33grant and issue to a manufacturer a manufacturer’s license,
34valid for a one-year period after date of issuance, which shall
35allow the manufacture, storage, and wholesale disposition and
-1339-1sale of alcoholic liquors to the division department and to
2customers outside of the state.
32. As a condition precedent to the approval and granting
4of a manufacturer’s license, an applicant shall file with the
5division department a basic permit issued by the alcohol and
6tobacco tax and trade bureau of the United States department
7of the treasury, and a statement under oath that the applicant
8will faithfully observe and comply with all laws, rules, and
9regulations governing the manufacture and sale of alcoholic
10liquor.
113. A person who holds an experimental distilled spirits
12plant permit or its equivalent issued by the alcohol and
13tobacco tax and trade bureau of the United States department
14of the treasury may produce alcohol for use as fuel without
15obtaining a manufacturer’s license from the division
16 department.
174. A person who holds a manufacturer’s license shall file
18with the division department, on or before the fifteenth day of
19each calendar month, all documents filed by the manufacturer
20with the alcohol and tobacco tax and trade bureau of the United
21States department of the treasury, including all production,
22storage, and processing reports.
23 Sec. 2410. Section 123.42, subsections 1 and 2, Code 2023,
24are amended to read as follows:
251. Prior to representing or promoting alcoholic liquor
26products in the state, the broker shall submit a completed
27application to the division department electronically, or in a
28manner prescribed by the administrator director, for a broker’s
29permit. The administrator director may in accordance with this
30chapter issue a broker’s permit which shall be valid for one
31year from the date of issuance unless it is sooner suspended or
32revoked for a violation of this chapter.
332. At the time of applying for a broker’s permit, each
34applicant shall submit to the division department a list of
35names and addresses of all manufacturers, distillers, and
-1340-1importers whom the applicant has been appointed to represent
2in the state of Iowa for any purpose. The listing shall be
3amended by the broker as necessary to keep the listing current
4with the division department.
5 Sec. 2411. Section 123.43, subsection 1, unnumbered
6paragraph 1, Code 2023, is amended to read as follows:
7A person applying for a class “A” native distilled spirits
8license shall submit an application electronically, or in a
9manner prescribed by the administrator director, which shall
10set forth under oath the following:
11 Sec. 2412. Section 123.43, subsection 1, paragraphs e and g,
12Code 2023, are amended to read as follows:
13e. When required by the administrator director, and in
14such form and containing such information as the administrator
15 director may require, a description of the premises where the
16applicant intends to use the license, to include a sketch or
17drawing of the premises and, if applicable, the number of
18square feet of interior floor space which comprises the retail
19sales area of the premises.
20g. Any other information as required by the administrator
21 director.
22 Sec. 2413. Section 123.43, subsection 2, unnumbered
23paragraph 1, Code 2023, is amended to read as follows:
24Except as otherwise provided in this chapter, the
25administrator director shall issue a class “A” native distilled
26spirits license to any applicant who establishes all of the
27following:
28 Sec. 2414. Section 123.43, subsection 2, paragraph d, Code
292023, is amended to read as follows:
30d. That the applicant has filed with the division department
31 a basic permit issued by the alcohol and tobacco tax and trade
32bureau of the United States department of the treasury, and
33that the applicant will faithfully observe and comply with all
34laws, rules, and regulations governing the manufacture and sale
35of alcoholic liquor.
-1341-1 Sec. 2415. Section 123.43A, subsections 1, 3, 4, and 5, Code
22023, are amended to read as follows:
31. Subject to rules of the division department, a native
4distillery holding a class “A” native distilled spirits license
5issued pursuant to section 123.43 may sell or offer for sale
6native distilled spirits. As provided in this section, sales
7of native distilled spirits manufactured on the premises may
8be made at retail for off-premises consumption when sold on
9the premises of the native distillery that manufactures native
10distilled spirits. All sales intended for resale in this
11state shall be made through the state’s wholesale distribution
12system.
133. A native distillery shall not sell native distilled
14spirits other than as permitted in this chapter and shall
15not allow native distilled spirits sold for consumption off
16the premises to be consumed upon the premises of the native
17distillery. However, native distilled spirits may be tasted
18pursuant to the rules of the division department on the
19premises where fermented, distilled, or matured, when no charge
20is made for the tasting.
214. The sale of native distilled spirits to the division
22 department for wholesale disposition and sale by the division
23 department shall be subject to the requirements of this chapter
24regarding such disposition and sale.
255. A native distillery issued a class “A” native distilled
26spirits license shall file with the division department, on or
27before the fifteenth day of each calendar month, all documents
28filed by the native distillery with the alcohol and tobacco
29tax and trade bureau of the United States department of the
30treasury, including all production, storage, and processing
31reports.
32 Sec. 2416. Section 123.44, Code 2023, is amended to read as
33follows:
34123.44 Gifts prohibited.
35A manufacturer or broker shall not give away alcoholic
-1342-1liquor at any time in connection with the manufacturer’s or
2broker’s business except for testing or sampling purposes only.
3A manufacturer, distiller, vintner, brewer, broker, wholesaler,
4or importer, organized as a corporation pursuant to the laws of
5this state or any other state, who deals in alcoholic beverages
6subject to regulation under this chapter shall not offer or
7give anything of value to a commission member, official or
8employee of the division department under this chapter, or
9directly or indirectly contribute in any manner any money or
10thing of value to a person seeking a public or appointive
11office or a recognized political party or a group of persons
12seeking to become a recognized political party.
13 Sec. 2417. Section 123.46A, subsection 2, Code 2023, is
14amended to read as follows:
152. Licensees authorized to sell wine, beer, or mixed drinks
16or cocktails for consumption off the licensed premises in a
17container other than the original container may deliver the
18wine, beer, or mixed drinks or cocktails to a home or other
19designated location in this state only if the container other
20than the original container has been sold and securely sealed
21in compliance with this chapter or the rules of the division
22 department. Deliveries shall be limited to alcoholic beverages
23authorized by the licensee’s license or permit.
24 Sec. 2418. Section 123.46A, subsection 3, paragraph g, Code
252023, is amended to read as follows:
26g. Delivery of alcoholic liquor, wine, beer, or mixed drinks
27or cocktails shall be made by the licensee, the licensee’s
28employee, or a third party, provided the licensee has entered
29into a written agreement with the third party that authorizes
30the third party to act as an agent of the licensee for the
31purpose of delivering alcoholic liquor, wine, beer, or mixed
32drinks or cocktails. Each licensee shall submit to the
33division department electronically, or in a manner prescribed
34by the administrator director, a list of names and addresses of
35all third parties it has authorized to act as its agent for the
-1343-1purpose of delivering alcoholic liquor, wine, beer, or mixed
2drinks or cocktails. The licensee shall provide the division
3 department with amendments to the list as necessary to ensure
4the division department possesses an accurate, current list.
5 Sec. 2419. Section 123.49, subsection 2, paragraph d,
6subparagraphs (1), (2), and (3), Code 2023, are amended to read
7as follows:
8(1) Keep on premises covered by a retail alcohol license any
9alcoholic liquor in any container except the original package
10purchased from the division department, and except mixed drinks
11or cocktails mixed on the premises for immediate consumption
12on the licensed premises or as otherwise provided by this
13paragraph “d”. This prohibition does not apply to holders
14of a class “D” retail alcohol license or to alcoholic liquor
15delivered in accordance with section 123.46A.
16(2) Mixed drinks or cocktails mixed on the premises that are
17not for immediate consumption may be consumed on the licensed
18premises subject to the requirements of this subparagraph
19pursuant to rules adopted by the division department. The
20rules shall provide that the mixed drinks or cocktails be
21stored, for no longer than seventy-two hours, in a labeled
22container in a quantity that does not exceed three gallons.
23The rules shall also provide that added flavors and other
24nonbeverage ingredients included in the mixed drinks or
25cocktails shall not include hallucinogenic substances or added
26caffeine or other added stimulants including but not limited to
27guarana, ginseng, and taurine. The rules shall also require
28that the licensee keep records as to when the contents in
29a particular container were mixed and the recipe used for
30that mixture. In addition, mixed drinks or cocktails mixed
31on the premises pursuant to this subparagraph may be sold
32for consumption off the licensed premises as provided in and
33subject to the requirements of subparagraph (3).
34(3) Mixed drinks or cocktails mixed on premises covered
35by a class “C” retail alcohol license for consumption off the
-1344-1licensed premises may be sold if the mixed drink or cocktail is
2immediately filled in a sealed container and is promptly taken
3from the licensed premises prior to consumption of the mixed
4drink or cocktail. A mixed drink or cocktail that is sold in a
5sealed container in compliance with the requirements of this
6subparagraph and rules adopted by the division department shall
7not be deemed an open container subject to the requirements
8of sections 321.284 and 321.284A if the sealed container is
9unopened and the seal has not been tampered with, and the
10contents of the container have not been partially removed.
11 Sec. 2420. Section 123.50, subsection 2, Code 2023, is
12amended to read as follows:
132. The conviction of any retail alcohol licensee for a
14violation of any of the provisions of section 123.49, subject
15to subsection 3 of this section, is grounds for the suspension
16or revocation of the license or permit by the division
17 department or the local authority. However, if any retail
18alcohol licensee is convicted of any violation of section
19123.49, subsection 2, paragraph “a” or “e”, or any retail
20alcohol licensee, excluding a special class “B” or class “D”
21retail alcohol licensee, is convicted of a violation of section
22123.49, subsection 2, paragraph “d”, the retail alcohol license
23shall be revoked and shall immediately be surrendered by the
24holder, and the bond, if any, of the license holder shall be
25forfeited to the division department. However, the division
26 department shall retain only that portion of the bond equal
27to the amount the division department determines the license
28holder owes the division department.
29 Sec. 2421. Section 123.50, subsection 3, unnumbered
30paragraph 1, Code 2023, is amended to read as follows:
31If any retail alcohol licensee or employee of a licensee is
32convicted or found in violation of section 123.49, subsection
332, paragraph “h”, the administrator director or local authority
34shall, in addition to criminal penalties fixed for violations
35by this section, assess a civil penalty as follows:
-1345-1 Sec. 2422. Section 123.50, subsection 4, Code 2023, is
2amended to read as follows:
34. In addition to any other penalties imposed under this
4chapter, the division department shall assess a civil penalty
5up to the amount of five thousand dollars upon a class “E”
6retail alcohol licensee when the class “E” retail alcohol
7license is revoked for a violation of section 123.59. Failure
8to pay the civil penalty as required under this subsection
9shall result in forfeiture of the bond to the division
10 department. However, the division department shall retain
11only that portion of the bond equal to the amount the division
12 department determines the license or permit holder owes the
13division department.
14 Sec. 2423. Section 123.50A, subsections 1, 2, and 4, Code
152023, are amended to read as follows:
161. If sufficient funding is appropriated, the division
17 department shall develop an alcohol compliance employee
18training program, not to exceed two hours in length for
19employees and prospective employees of licensees and
20permittees, to inform the employees about state laws and
21regulations regarding the sale of alcoholic beverages to
22persons under legal age, and compliance with and the importance
23of laws regarding the sale of alcoholic beverages to persons
24under legal age. In developing the alcohol compliance employee
25training program, the division department may consult with
26stakeholders who have expertise in the laws and regulations
27regarding the sale of alcoholic beverages to persons under
28legal age.
292. The alcohol compliance employee training program shall
30be made available to employees and prospective employees
31of licensees and permittees at no cost to the employee,
32the prospective employee, or the licensee or permittee, and
33in a manner which is as convenient and accessible to the
34extent practicable throughout the state so as to encourage
35attendance. Contingent upon the availability of specified
-1346-1funds for provision of the program, the division department
2 shall schedule the program on at least a monthly basis and the
3program shall be available at a location in at least a majority
4of counties.
54. The division department shall also offer periodic
6continuing employee training and recertification for employees
7who have completed initial training and received an initial
8certificate of completion as part of the alcohol compliance
9employee training program.
10 Sec. 2424. Section 123.56, subsections 3 and 4, Code 2023,
11are amended to read as follows:
123. Upon filing a suit in equity in district court pursuant
13to subsection 2, the county attorney or city attorney shall
14notify the administrator director of the action. Upon
15receiving notice, the administrator director shall issue an
16order reducing the hours during which alcoholic beverages may
17be sold or consumed at retail on the licensed premises to
18between 6:00 a.m.and 10:00 p.m.each day of the week during
19the pendency of the action in equity. The county attorney or
20city attorney shall notify the administrator director of any
21final action or judgment entered resulting from the action.
224. In an action seeking abatement of a public safety
23nuisance as provided in this section, evidence of other
24current violations of this chapter may be received by the
25court and considered in determining the remedial provisions
26of any abatement order. In addition, evidence of prior
27sanctions, violations of law, nuisance behavior, or general
28reputation relating to the licensed premises may be admissible
29in determining the reasonableness of remedial provisions of an
30abatement order. However, evidence of a prior conviction of
31the licensee, managers, employees, or contemporaneous patrons
32and guests is not necessary for purposes of considering or
33issuing an abatement order under this section. In an action
34under this section, the administrator director may submit
35to the court a report as evidence on behalf of the division
-1347-1 department regarding the compliance history of the licensee or
2permittee for consideration by the court.
3 Sec. 2425. Section 123.57, Code 2023, is amended to read as
4follows:
5123.57 Examination of accounts.
6The financial condition and transactions of all offices,
7departments, warehouses, and depots of concerning the division
8 alcohol beverage control activities of the department shall be
9examined at least once each year by the state auditor and at
10shorter periods if requested by the administrator director,
11governor, commission, or the general assembly’s standing
12committees on government oversight.
13 Sec. 2426. Section 123.58, Code 2023, is amended to read as
14follows:
15123.58 Auditing.
16All provisions of sections 11.6, 11.11, 11.14, 11.21,
1711.31, and 11.41, relating to auditing of financial records
18of governmental subdivisions which are not inconsistent with
19this chapter are applicable to the division department and its
20offices, warehouses, and depots under this chapter.
21 Sec. 2427. Section 123.92, subsection 1, paragraph a, Code
222023, is amended to read as follows:
23a. Subject to the limitation amount specified in paragraph
24“c”, if applicable, any third party who is not the intoxicated
25person who caused the injury at issue and who is injured in
26person or property or means of support by an intoxicated person
27or resulting from the intoxication of a person, has a right of
28action for damages actually sustained, severally or jointly
29against any licensee or permittee, whether or not the license
30or permit was issued by the division department or by the
31licensing authority of any other state, who sold and served any
32alcoholic beverage directly to the intoxicated person, provided
33that the person was visibly intoxicated at the time of the sale
34or service.
35 Sec. 2428. Section 123.92, subsection 2, paragraphs a and c,
-1348-1Code 2023, are amended to read as follows:
2a. Every retail alcohol licensee, except a class “B”,
3special class “B”, or class “E” retail alcohol licensee, shall
4furnish proof of financial responsibility by the existence of
5a liability insurance policy in an amount determined by the
6division department. If an insurer provides dramshop liability
7insurance at a new location to a licensee or permittee who has
8a positive loss experience at other locations for which such
9insurance is provided by the insurer, and the insurer bases
10premium rates at the new location on the negative loss history
11of the previous licensee at that location, the insurer shall
12examine and consider adjusting the premium for the new location
13not less than thirty months after the insurance is issued,
14based on the loss experience of the licensee at that location
15during that thirty-month period of time.
16c. The purpose of dramshop liability insurance is to provide
17protection for members of the public who experience damages as
18a result of licensees serving patrons any alcoholic beverage
19to a point that reaches or exceeds the standard set forth in
20law for liability. Minimum coverage requirements for such
21insurance are not for the purpose of making the insurance
22affordable for all licensees regardless of claims experience.
23A dramshop liability insurance policy obtained by a licensee
24shall meet the minimum insurance coverage requirements as
25determined by the division department and is a mandatory
26condition for holding a license.
27 Sec. 2429. Section 123.95, subsection 2, paragraph a, Code
282023, is amended to read as follows:
29a. The holder of an annual class “C” retail alcohol license
30may act as the agent of a private social host for the purpose
31of providing and serving alcoholic beverages as part of a food
32catering service for a private social gathering in a private
33place, provided the licensee has applied for and been granted a
34catering privilege by the division department. The holder of
35an annual special class “C” retail alcohol license shall not
-1349-1act as the agent of a private social host for the purpose of
2providing and serving wine and beer as part of a food catering
3service for a private social gathering in a private place. An
4applicant for a class “C” retail alcohol license shall state
5on the application for the license that the licensee intends
6to engage in catering food and alcoholic beverages for private
7social gatherings and the catering privilege shall be noted on
8the license.
9 Sec. 2430. Section 123.125, Code 2023, is amended to read
10as follows:
11123.125 Issuance of beer permits.
12The administrator director shall issue class “A” and special
13class “A” beer permits and may suspend or revoke permits for
14cause as provided in this chapter.
15 Sec. 2431. Section 123.126A, subsection 2, Code 2023, is
16amended to read as follows:
172. Notwithstanding any provision of this chapter to the
18contrary, a manufacturer of beer may obtain and possess
19alcoholic liquor from the division department for the purpose
20of manufacturing canned cocktails.
21 Sec. 2432. Section 123.127, subsection 1, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23A person applying for a class “A” or special class “A” beer
24permit shall submit a completed application electronically, or
25in a manner prescribed by the administrator director, which
26shall set forth under oath the following:
27 Sec. 2433. Section 123.127, subsection 1, paragraphs e and
28g, Code 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
32the applicant intends to use the permit, to include a sketch
33or drawing of the premises and, if applicable, the number of
34square feet of interior floor space which comprises the retail
35sales area of the premises.
-1350- 1g. Any other information as required by the administrator
2 director.
3 Sec. 2434. Section 123.127, subsection 2, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5The administrator director shall issue a class “A” or
6special class “A” beer permit to any applicant who establishes
7all of the following:
8 Sec. 2435. Section 123.127, subsection 2, paragraphs d and
9g, Code 2023, are amended to read as follows:
10d. That the applicant has filed with the division department
11 a basic permit issued by the alcohol and tobacco tax and trade
12bureau of the United States department of the treasury, and
13that the applicant will faithfully observe and comply with all
14laws, rules, and regulations governing the manufacture and sale
15of beer.
16g. That the applicant has submitted a bond in the amount
17of ten thousand dollars in a manner prescribed by the
18administrator director with good and sufficient sureties to be
19approved by the division department conditioned upon compliance
20with this chapter.
21 Sec. 2436. Section 123.130, subsection 1, paragraph a, Code
222023, is amended to read as follows:
23a. Any person holding a class “A” beer permit issued by
24the division department shall be authorized to manufacture
25and sell, or sell at wholesale, beer for consumption off the
26premises, such sales within the state to be made only to
27persons holding a subsisting class “A” beer permit, or retail
28alcohol licenses, excluding a special class “B” retail native
29wine license, issued in accordance with the provisions of this
30chapter. However, a person holding a class “A” beer permit
31issued by the division department who also holds a brewer’s
32notice issued by the alcohol and tobacco tax and trade bureau
33of the United States department of the treasury shall be
34authorized to sell, at wholesale, no more than thirty thousand
35barrels of beer on an annual basis for consumption off the
-1351-1premises to a licensee authorized under this chapter to sell
2beer at retail.
3 Sec. 2437. Section 123.130, subsection 5, Code 2023, is
4amended to read as follows:
55. A manufacturer of beer issued a class “A” or special
6class “A” beer permit shall file with the division department,
7on or before the fifteenth day of each calendar month, all
8documents filed with the alcohol and tobacco tax and trade
9bureau of the United States department of the treasury,
10including all brewer’s operation and excise tax return reports.
11 Sec. 2438. Section 123.135, subsections 1, 2, and 3, Code
122023, are amended to read as follows:
131. A manufacturer, brewer, bottler, importer, or vendor of
14beer, or any agent thereof, desiring to ship or sell beer, or
15have beer brought into this state for resale by a class “A”
16beer permittee, shall first make application for and be issued
17a brewer’s certificate of compliance by the administrator
18 director for that purpose. The certificate of compliance
19expires at the end of one year from the date of issuance and
20shall be renewed for a like period upon application to the
21administrator director unless otherwise revoked for cause.
22Each completed application for a certificate of compliance or
23renewal of a certificate shall be submitted electronically,
24or in a manner prescribed by the administrator director, and
25shall be accompanied by a fee of two hundred dollars payable
26to the division department. Each holder of a certificate
27of compliance shall furnish the information in a manner the
28administrator director requires.
292. At the time of applying for a certificate of compliance,
30each applicant shall file with the division department a list
31of all class “A” beer permittees with whom it intends to do
32business and shall designate the geographic area in which its
33products are to be distributed by such permittee. The listing
34of class “A” beer permittees and geographic area as filed with
35the division department shall be amended by the holder of a
-1352-1certificate of compliance as necessary to keep the listing
2current with the division department.
33. All class “A” beer permit holders shall sell only
4those brands of beer which are manufactured, brewed,
5bottled, shipped, or imported by a person holding a current
6certificate of compliance. Any employee or agent working for
7or representing the holder of a certificate of compliance
8within this state shall submit electronically, or in a manner
9prescribed by the administrator director, the employee’s or
10agent’s name and address with the division department.
11 Sec. 2439. Section 123.137, subsection 1, Code 2023, is
12amended to read as follows:
131. A person holding a class “A” or special class “A” beer
14permit shall, on or before the tenth day of each calendar month
15commencing on the tenth day of the calendar month following
16the month in which the person is issued a beer permit, make a
17report under oath to the division department electronically, or
18in a manner prescribed by the administrator director, showing
19the exact number of barrels of beer, or fractional parts of
20barrels, sold by the beer permit holder during the preceding
21calendar month. The report shall also state information the
22administrator director requires, and beer permit holders shall
23at the time of filing a report pay to the division department
24 the amount of tax due at the rate fixed in section 123.136.
25 Sec. 2440. Section 123.138, Code 2023, is amended to read
26as follows:
27123.138 Records required — keg identification label.
281. Each class “A” or special class “A” beer permittee shall
29keep proper records showing the amount of beer sold by the
30permittee, and these records shall be at all times open to
31inspection by the administrator director and to other persons
32pursuant to section 123.30, subsection 1. Each retail alcohol
33licensee as described in section 123.30 shall keep proper
34records showing each purchase of beer made by the licensee, and
35the date and the amount of each purchase and the name of the
-1353-1person from whom each purchase was made, which records shall be
2open to inspection pursuant to section 123.30, subsection 1,
3during normal business hours of the licensee.
42. a. Each retail alcohol licensee who sells beer for
5off-premises consumption shall affix to each keg of beer an
6identification label provided by the administrator director.
7The label provided shall allow for its full removal when
8common external keg cleaning procedures are performed. For
9the purposes of this subsection, “keg” means all durable and
10disposable containers with a liquid capacity of five gallons or
11more. Each retail alcohol licensee shall also keep a record
12of the identification label number of each keg of beer sold by
13the licensee with the name and address of the purchaser and
14the number of the purchaser’s driver’s license, nonoperator’s
15identification card, or military identification card, if
16the military identification card contains a picture and
17signature. This information shall be retained by the licensee
18for a minimum of ninety days. The records kept pursuant to
19this subsection shall be available for inspection by any law
20enforcement officer during normal business hours.
21b. (1) The division department shall provide the keg
22identification labels described in paragraph “a” and shall,
23prior to utilizing a label, notify licensed brewers and
24licensed beer importers of the type of label to be utilized.
25Each label shall contain a number and the following statement:
26It is unlawful to sell, give, or otherwise supply any
27alcoholic beverage, wine, or beer to any person under legal
28age. Any person who defaces this label shall be guilty of
29criminal mischief punishable pursuant to section 716.6.
30(2) The identification label shall be placed on the keg at
31the time of retail sale. The licensee shall obtain the labels
32referred to in this subsection from the division department.
33The cost of the labels to licensees shall not exceed the
34division’s department’s cost of producing and distributing
35the labels. The moneys collected by the division department
-1354-1 relating to the sale of labels shall be credited to the beer
2and liquor control fund.
3c. The provisions of this subsection shall be implemented
4uniformly throughout the state. The provisions of this
5subsection shall preempt any local county or municipal
6ordinance regarding keg registration or the sale of beer in
7kegs. In addition, a county or municipality shall not adopt or
8continue in effect an ordinance regarding keg registration or
9the sale of beer in kegs.
10 Sec. 2441. Section 123.143, subsection 1, Code 2023, is
11amended to read as follows:
121. All permit fees collected by the division department
13 under this subchapter shall accrue to the beer and liquor
14control fund, except as otherwise provided. All taxes
15collected by the division department under this subchapter
16shall accrue to the state general fund, except as otherwise
17provided.
18 Sec. 2442. Section 123.173, subsection 3, Code 2023, is
19amended to read as follows:
203. A class “A” wine permittee shall be required to deliver
21wine to a retail alcohol licensee, and a retail alcohol
22licensee shall be required to accept delivery of wine from a
23class “A” wine permittee, only at the licensed premises of the
24retail alcohol licensee. Except as specifically permitted by
25the division department upon good cause shown, delivery or
26transfer of wine from an unlicensed premises to a licensed
27retail alcohol licensee’s premises, or from one licensed retail
28alcohol licensee’s premises to another licensed retail alcohol
29licensee’s premises, even if there is common ownership of all
30of the premises by one retail permittee, is prohibited.
31 Sec. 2443. Section 123.173A, subsection 2, Code 2023, is
32amended to read as follows:
332. Upon application to the division department and receipt
34of a charity beer, spirits, and wine special event license, an
35authorized nonprofit entity may conduct a charity special event
-1355-1subject to the requirements of this section.
2 Sec. 2444. Section 123.173A, subsection 4, paragraph a,
3Code 2023, is amended to read as follows:
4a. The charity event shall be conducted on a premises
5covered by a valid retail alcohol license issued by the
6division department.
7 Sec. 2445. Section 123.173A, subsection 5, paragraph b,
8Code 2023, is amended to read as follows:
9b. The retail alcohol license number issued by the division
10 department for the premises where a charity event is to be
11conducted, if applicable.
12 Sec. 2446. Section 123.174, Code 2023, is amended to read
13as follows:
14123.174 Issuance of wine permits.
15The administrator director shall issue wine permits as
16provided in this chapter, and may suspend or revoke a wine
17permit for cause as provided in this chapter.
18 Sec. 2447. Section 123.175, subsection 1, unnumbered
19paragraph 1, Code 2023, is amended to read as follows:
20A person applying for a class “A” wine permit shall submit a
21completed application electronically, or in a manner prescribed
22by the administrator director, which shall set forth under oath
23the following:
24 Sec. 2448. Section 123.175, subsection 1, paragraphs e and
25g, Code 2023, are amended to read as follows:
26e. When required by the administrator director, and in
27such form and containing such information as the administrator
28 director may require, a description of the premises where the
29applicant intends to use the permit, to include a sketch or
30drawing of the premises.
31g. Any other information as required by the administrator
32 director.
33 Sec. 2449. Section 123.175, subsection 2, unnumbered
34paragraph 1, Code 2023, is amended to read as follows:
35The administrator director shall issue a class “A” wine
-1356-1permit to any applicant who establishes all of the following:
2 Sec. 2450. Section 123.175, subsection 2, paragraphs d and
3g, Code 2023, are amended to read as follows:
4d. That the applicant has filed with the division department
5 a basic permit issued by the alcohol and tobacco tax and trade
6bureau of the United States department of the treasury, and
7that the applicant will faithfully observe and comply with all
8the laws, rules, and regulations governing the manufacture and
9sale of wine.
10g. That the applicant has submitted a bond in the amount
11of five thousand dollars in a manner prescribed by the
12administrator director with good and sufficient sureties to be
13approved by the division department conditioned upon compliance
14with this chapter.
15 Sec. 2451. Section 123.176, subsections 1, 2, 7, and 8, Code
162023, are amended to read as follows:
171. Subject to rules of the division department,
18manufacturers of native wines from grapes, cherries, other
19fruits or other fruit juices, vegetables, vegetable juices,
20dandelions, clover, honey, or any combination of these
21ingredients, holding a class “A” wine permit as required by
22this chapter, may sell, keep, or offer for sale and deliver the
23wine. Notwithstanding section 123.24, subsection 2, paragraph
24“b”, or any other provision of this chapter, manufacturers
25of native wine may obtain and possess grape brandy from the
26division department for the sole purpose of manufacturing wine.
272. Native wine may be sold at retail for off-premises
28consumption when sold on the premises of the manufacturer, or
29in a retail establishment operated by the manufacturer. Sales
30may also be made to class “A” or retail alcohol licensees as
31authorized by sections 123.30 and 123.177. A manufacturer of
32native wines shall not sell the wines other than as permitted
33in this chapter and shall not allow wine sold to be consumed
34upon the premises of the manufacturer. However, prior to
35sale, native wines may be tasted pursuant to the rules of the
-1357-1division department on the premises where made, when no charge
2is made for the tasting.
37. A manufacturer may use the space and equipment of another
4manufacturer for the purpose of manufacturing native wine,
5provided that such an alternating proprietorship arrangement
6is approved by the alcohol and tobacco tax and trade bureau
7of the United States department of the treasury. A separate
8class “A” wine permit shall be issued to each manufacturer,
9and each manufacturer shall be subject to the provisions
10of this chapter and the rules of the division department.
11Notwithstanding subsection 5, not more than one class “C”
12retail alcohol license shall be issued to a premises with
13alternating proprietorships.
148. A manufacturer of native wines shall file with the
15division department, on or before the fifteenth day of each
16calendar month, all documents filed with the alcohol and
17tobacco tax and trade bureau of the United States department of
18the treasury, including all wine premises operations and excise
19tax return reports.
20 Sec. 2452. Section 123.180, subsections 1, 2, and 3, Code
212023, are amended to read as follows:
221. A manufacturer, vintner, bottler, importer, or vendor of
23wine, or an agent thereof, desiring to ship, sell, or have wine
24brought into this state for sale at wholesale by a class “A”
25permittee shall first make application for and shall be issued
26a vintner’s certificate of compliance by the administrator
27 director for that purpose. The vintner’s certificate of
28compliance shall expire at the end of one year from the
29date of issuance and shall be renewed for a like period upon
30application to the administrator director unless otherwise
31revoked for cause. Each completed application for a vintner’s
32certificate of compliance or renewal of a certificate shall
33be submitted electronically, or in a manner prescribed by the
34administrator director, and shall be accompanied by a fee of
35two hundred dollars payable to the division department. Each
-1358-1holder of a vintner’s certificate of compliance shall furnish
2the information required by the administrator director in the
3form the administrator director requires. A vintner or wine
4bottler whose plant is located in Iowa and who otherwise holds
5a class “A” wine permit to sell wine at wholesale is exempt
6from the fee, but not the other terms and conditions. The
7holder of a vintner’s certificate of compliance may also hold a
8class “A” wine permit.
92. At the time of applying for a vintner’s certificate
10of compliance, each applicant shall file with the division
11 department a list of all class “A” wine permittees with
12whom it intends to do business. The listing of class “A”
13wine permittees as filed with the division department shall
14be amended by the holder of the certificate of compliance
15as necessary to keep the listing current with the division
16 department.
173. All class “A” wine permit holders shall sell only those
18brands of wine which are manufactured, bottled, fermented,
19shipped, or imported by a person holding a current vintner’s
20certificate of compliance. An employee or agent working for
21or representing the holder of a vintner’s certificate of
22compliance within this state shall register the employee’s
23or agent’s name and address with the division department.
24These names and addresses shall be filed with the division’s
25 department’s copy of the certificate of compliance issued
26except that this provision does not require the listing of
27those persons who are employed on the premises of a bottling
28plant, or winery where wine is manufactured, fermented,
29or bottled in Iowa or the listing of those persons who are
30thereafter engaged in the transporting of the wine.
31 Sec. 2453. Section 123.184, Code 2023, is amended to read
32as follows:
33123.184 Report of gallonage sales — penalty.
341. Each class “A” wine permit holder on or before the
35tenth day of each calendar month commencing on the tenth day
-1359-1of the calendar month following the month in which the person
2is issued a permit, shall make a report under oath to the
3division department electronically, or in a manner prescribed
4by the administrator director, showing the exact number of
5gallons of wine and fractional parts of gallons sold by that
6permit holder during the preceding calendar month. The report
7also shall state whatever reasonable additional information
8the administrator director requires. The permit holder at
9the time of filing this report shall pay to the division
10 department the amount of tax due at the rate fixed in section
11123.183. A penalty of ten percent of the amount of the tax
12shall be assessed and collected if the report required to be
13filed pursuant to this subsection is not filed and the tax paid
14within the time required by this subsection.
152. Each wine direct shipper license holder shall make a
16report under oath to the division department electronically,
17or in a manner prescribed by the administrator director, on
18or before the tenth day of the calendar months of June and
19December, showing the exact number of gallons of wine and
20fractional parts of gallons sold and shipped pursuant to
21section 123.187 during the preceding six-month calendar period.
22The report shall also state whatever reasonable additional
23information the administrator director requires. The license
24holder at the time of filing this report shall pay to the
25division department the amount of tax due at the rate fixed
26in section 123.183. A penalty of ten percent of this amount
27shall be assessed and collected if the report required to be
28filed pursuant to this subsection is not filed and the tax paid
29within the time required by this subsection.
30 Sec. 2454. Section 123.186, subsections 1 and 2, Code 2023,
31are amended to read as follows:
321. The division department shall adopt as rules the
33substance of the federal regulations 27 C.F.R. pt.6, 27 C.F.R.
34pt.8, 27 C.F.R. pt.10, and 27 C.F.R. pt.11.
352. The division department shall adopt as rules the
-1360-1substance of 27 C.F.R. §6.88, to permit a manufacturer of
2alcoholic beverages, wine, or beer, or an agent of such
3manufacturer, to provide to a retailer without charge wine and
4beer coil cleaning services, including carbon dioxide filters
5and other necessary accessories to properly clean the coil and
6affix carbon dioxide filters. The rules shall provide that the
7manufacturer shall be responsible for paying the costs of any
8filters provided.
9 Sec. 2455. Section 123.187, subsection 2, paragraphs b and
10d, Code 2023, are amended to read as follows:
11b. A wine manufacturer applying for a wine direct
12shipper permit shall submit an application for the permit
13electronically, or in a manner prescribed by the administrator
14 director, accompanied by a true copy of the manufacturer’s
15current alcoholic beverage license or permit issued by the
16state where the manufacturer is primarily located and a copy
17of the manufacturer’s basic permit issued by the alcohol and
18tobacco tax and trade bureau of the United States department of
19the treasury.
20d. A permit issued pursuant to this section may be
21renewed annually by submitting a renewal application with
22the administrator director in a manner prescribed by the
23administrator director, accompanied by the twenty-five dollar
24permit fee.
25 Sec. 2456. Section 123.187, subsection 3, paragraph c, Code
262023, is amended to read as follows:
27c. All containers of wine shipped directly to a resident
28of this state shall be conspicuously labeled with the words
29“CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER
30REQUIRED FOR DELIVERY” or shall be conspicuously labeled with
31alternative wording preapproved by the administrator director.
32 Sec. 2457. Section 123.187, subsections 4 and 5, Code 2023,
33are amended to read as follows:
344. A wine direct shipper permittee shall remit to the
35division department an amount equivalent to the wine gallonage
-1361-1tax on wine subject to direct shipment at the rate specified
2in section 123.183 for deposit as provided in section 123.183,
3subsections 2 and 3. The amount shall be remitted at the time
4and in the manner provided in section 123.184, subsection
52, and the ten percent penalty specified therein shall be
6applicable.
75. A wine direct shipper permittee shall be deemed to have
8consented to the jurisdiction of the division department or any
9other agency or court in this state concerning enforcement of
10this section and any related laws, rules, or regulations. A
11permit holder shall allow the division department to perform an
12audit of shipping records upon request.
13 Sec. 2458. Section 123.188, subsections 1, 2, and 3, Code
142023, are amended to read as follows:
151. A person desiring to deliver wine subject to direct
16shipment within this state pursuant to section 123.187 shall
17submit an application for a wine carrier permit electronically,
18or in a manner prescribed by the administrator director, which
19shall be accompanied by a fee in the amount of one hundred
20dollars.
212. The administrator director may in accordance with this
22chapter issue a wine carrier permit which shall be valid
23for one year from the date of issuance unless it is sooner
24suspended or revoked for a violation of this chapter.
253. A permit issued pursuant to this section may be
26renewed annually by submitting a renewal application with
27the administrator director in a manner prescribed by the
28administrator director, accompanied by the one hundred dollar
29permit fee.
30 Sec. 2459. Section 123.188, subsection 4, paragraph c, Code
312023, is amended to read as follows:
32c. A wine carrier permittee shall maintain records of wine
33shipped which include the permit number and name of the wine
34manufacturer, quantity of wine shipped, recipient’s name and
35address, and an electronic or paper form of signature from
-1362-1the recipient of the wine. Records shall be submitted to the
2division department on a monthly basis in a form and manner to
3be determined by the division department.
4 Sec. 2460. Section 321.19, subsection 1, paragraph c,
5subparagraph (3), Code 2023, is amended to read as follows:
6(3) Persons in the department of justice, the alcoholic
7beverages division of the department of commerce, disease
8investigators of the Iowa department of public health, the
9department of inspections and appeals, and the department of
10revenue, who are regularly assigned to conduct investigations
11which cannot reasonably be conducted with a vehicle displaying
12“official” state registration plates.
13 Sec. 2461. Section 453A.2, subsections 4, 6, and 7, Code
142023, are amended to read as follows:
154. The alcoholic beverages division of the department of
16commerce, a county, or a city may directly enforce this section
17in district court and initiate proceedings pursuant to section
18453A.22 before a permit-issuing authority which issued the
19permit against a permit holder violating this section.
206. If a county or a city has not assessed a penalty pursuant
21to section 453A.22, subsection 2, for a violation of subsection
221, within sixty days of the adjudication of the violation,
23the matter shall be transferred to and be the exclusive
24responsibility of the alcoholic beverages division of the
25 department of commerce. Following transfer of the matter, if
26the violation is contested, the alcoholic beverages division
27of the department of commerce shall request an administrative
28hearing before an administrative law judge, assigned by the
29division of administrative hearings of the department of
30inspections and appeals in accordance with the provisions of
31section 10A.801, to adjudicate the matter pursuant to chapter
3217A.
337. A tobacco compliance employee training fund is
34created in the office of the treasurer of state. The fund
35shall consist of civil penalties assessed by the alcoholic
-1363-1beverages division of the department of commerce under
2section 453A.22 for violations of this section. Moneys in
3the fund are appropriated to the alcoholic beverages division
4of the department of commerce and shall be used to develop
5and administer the tobacco compliance employee training
6program under section 453A.5. Moneys deposited in the fund
7shall not be transferred, used, obligated, appropriated, or
8otherwise encumbered except as provided in this subsection.
9Notwithstanding section 8.33, any unexpended balance in the
10fund at the end of the fiscal year shall be retained in the
11fund.
12 Sec. 2462. Section 453A.5, subsection 1, Code 2023, is
13amended to read as follows:
141. The alcoholic beverages division of the department of
15commerce shall develop a tobacco compliance employee training
16program not to exceed two hours in length for employees and
17prospective employees of retailers, as defined in sections
18453A.1 and 453A.42, to inform the employees about state and
19federal laws and regulations regarding the sale of tobacco,
20tobacco products, alternative nicotine products, vapor
21products, and cigarettes to persons under twenty-one years of
22age and compliance with and the importance of laws regarding
23the sale of tobacco, tobacco products, alternative nicotine
24products, vapor products, and cigarettes to persons under
25twenty-one years of age.
26 Sec. 2463. Section 453A.13, subsection 2, paragraph c, Code
272023, is amended to read as follows:
28c. The department, or a A city or county, shall submit
29a duplicate of any application for a retail permit to the
30alcoholic beverages division of the department of commerce
31 within thirty days of the issuance. The alcoholic beverages
32division of the department of commerce shall submit the current
33list of all retail permits issued to the Iowa department of
34public health by the last day of each quarter of a state fiscal
35year.
-1364-1 Sec. 2464. Section 453A.22, subsection 2, unnumbered
2paragraph 1, Code 2023, is amended to read as follows:
3If a retailer or employee of a retailer has violated section
4453A.2 or section 453A.36, subsection 6, the department or
5local authority, or the alcoholic beverages division of the
6 department of commerce following transfer of the matter to the
7alcoholic beverages division of the department of commerce
8 pursuant to section 453A.2, subsection 6, in addition to the
9other penalties fixed for such violations in this section,
10shall assess a penalty upon the same hearing and notice as
11prescribed in subsection 1 as follows:
12 Sec. 2465. Section 453A.22, subsection 6, Code 2023, is
13amended to read as follows:
146. The department or local authority shall report the
15suspension or revocation of a retail permit under this section
16to the alcoholic beverages division of the department of
17commerce within thirty days of the suspension or revocation of
18the retail permit.
19 Sec. 2466. Section 453A.47A, subsection 6, Code 2023, is
20amended to read as follows:
216. Issuance. Cities may issue retail permits to retailers
22located within their respective limits. County boards of
23supervisors may issue retail permits to retailers located in
24their respective counties, outside of the corporate limits of
25cities. The city or county shall submit a duplicate of any
26application for a retail permit to the alcoholic beverages
27division of the department of commerce within thirty days of
28issuance of a permit. The alcoholic beverages division of the
29 department of commerce shall submit the current list of all
30retail permits issued to the Iowa department of public health
31by the last day of each quarter of a state fiscal year.
32 Sec. 2467. Section 455C.3, subsections 2 and 5, Code 2023,
33are amended to read as follows:
342. A distributor shall accept and pick up from a
35participating dealer served by the distributor or a redemption
-1365-1center for a dealer served by the distributor at least weekly,
2or when the distributor delivers the beverage product if
3deliveries are less frequent than weekly, any empty beverage
4container of the kind, size, and brand sold by the distributor,
5and shall pay to the participating dealer or redemption center
6the refund value of a beverage container and the reimbursement
7as provided under section 455C.2 within one week following
8pickup of the containers or when the participating dealer
9normally pays the distributor for the deposit on beverage
10products purchased from the distributor if less frequent than
11weekly. A distributor or employee or agent of a distributor is
12not in violation of this subsection if a redemption center is
13closed when the distributor attempts to make a regular pickup
14of empty beverage containers. This subsection does not apply
15to a distributor selling alcoholic liquor to the alcoholic
16beverages division of the department of commerce revenue.
175. The alcoholic beverages division of the department
18of commerce revenue shall provide for the disposal of
19empty beverage containers as required under subsection
202. The division department of revenue shall give priority
21consideration to the recycling of the empty beverage containers
22to the extent possible, before any other appropriate disposal
23method is considered or implemented.
24CONFORMING CHANGES
25 Sec. 2468. Section 7E.5, subsection 1, paragraph c, Code
262023, is amended to read as follows:
27c. The department of revenue, created in section 421.2,
28which has primary responsibility for revenue collection
29and revenue law compliance, the Iowa lottery, and alcoholic
30beverage control.
31 Sec. 2469. Section 421.17, Code 2023, is amended by adding
32the following new subsection:
33 NEW SUBSECTION. 39. Administer chapters 99G and 123.
34 Sec. 2470. REPEAL. Section 546.9, Code 2023, is repealed.
35DIVISION XIII
-1366-1DEPARTMENT FOR THE BLIND
2 Sec. 2471. Section 216B.2, subsection 1, Code 2023, is
3amended to read as follows:
41. The commission for the blind is established consisting
5of three members appointed by the governor, subject to
6confirmation by the senate. Members of the commission shall
7serve three-year terms beginning and ending as provided in
8section 69.19. The members of the commission shall appoint
9officers for the commission. A majority of the members of the
10commission shall constitute a quorum.
11 Sec. 2472. NEW SECTION. 216B.3A Director — duties.
121. The director of the department shall be appointed by
13the governor, subject to confirmation by the senate, and shall
14serve at the pleasure of the governor. The governor shall set
15the salary of the director within the applicable salary range
16established by the general assembly.
172. The director shall be the executive officer of the
18commission and shall be responsible for implementing policy set
19by the commission. The director shall carry out programs and
20policies as determined by the commission.
21 Sec. 2473. Section 216B.5, Code 2023, is amended to read as
22follows:
23216B.5 Commission employees.
24The commission may employ staff who shall be qualified by
25experience to assume the responsibilities of the offices. The
26director shall be the administrative officer of the commission
27and shall be responsible for implementing policy set by the
28commission. The director shall carry out programs and policies
29as determined by the commission.
30 Sec. 2474. APPOINTMENT OF DIRECTOR. On or before July 1,
312023, the governor shall appoint a director of the department
32for the blind, effective July 1, 2023, as provided in this
33division of this Act.
34 Sec. 2475. EFFECTIVE DATE. This division of this Act, being
35deemed of immediate importance, takes effect upon enactment.
-1367-1DIVISION XIV
2DEPARTMENT OF EDUCATION
3iowa educational services for the blind and visually impaired
4and iowa school for the DEAF
5 Sec. 2476. Section 70A.14, subsection 3, paragraph c, Code
62023, is amended by striking the paragraph.
7 Sec. 2477. Section 70A.17A, subsection 1, paragraph
8d, subparagraph (3), Code 2023, is amended by striking the
9subparagraph.
10 Sec. 2478. Section 235A.15, subsection 2, paragraph
11c, subparagraph (4), Code 2023, is amended by striking the
12subparagraph.
13 Sec. 2479. NEW SECTION. 256.95 Iowa educational services
14for the blind and visually impaired and Iowa school for the deaf.
15The department shall do all of the following:
161. Administer the Iowa educational services for the blind
17and visually impaired program.
182. Govern the Iowa school for the deaf.
193. Establish a hall of fame for distinguished graduates
20of the Iowa school for the deaf, distinguished graduates of
21the Iowa braille and sight saving school, and distinguished
22participants in the Iowa educational services for the blind and
23visually impaired program.
24 Sec. 2480. NEW SECTION. 256.103 Employees — contracts —
25termination and discharge procedures.
26Sections 279.12 through 279.19 and section 279.27 apply to
27employees of the Iowa school for the deaf, who are licensed
28pursuant to subchapter VII, part 3. In following those
29sections in chapter 279, the references to boards of directors
30of school districts shall be interpreted to apply to the
31department.
32 Sec. 2481. NEW SECTION. 256.104 Students residing on
33state-owned land.
34The department shall pay to the local school boards the
35tuition payments and transportation costs, as otherwise
-1368-1authorized by statutes for the elementary or high school
2education of students residing on land owned by the state and
3under the control of the department. Such payments shall be
4made from moneys appropriated to the department.
5 Sec. 2482. NEW SECTION. 256.105 Transfer of a student to
6the university of Iowa hospitals and clinics.
7The department may send any student of the Iowa school for
8the deaf to the university of Iowa hospitals and clinics for
9treatment and care. The department shall pay the traveling
10expenses of such student, and when necessary the traveling
11expenses of an attendant for the student, out of funds
12appropriated for the use of the department.
13 Sec. 2483. NEW SECTION. 256.107 Administrative rules.
14The state board shall adopt rules pursuant to chapter 17A to
15administer this subchapter.
16 Sec. 2484. Section 256B.2, subsection 2, paragraph c, Code
172023, is amended to read as follows:
18c. For those children who cannot adapt to the regular
19educational or home living conditions, and who are attending
20facilities under chapters chapter 263, 269, and 270 or chapter
21256, subchapter V, upon the request of the board of directors
22of an area education agency, the department of human services
23shall provide residential or detention facilities and the area
24education agency shall provide special education programs and
25services. The area education agencies shall cooperate with
26the board of regents department of education to provide the
27services required by this chapter.
28 Sec. 2485. Section 256B.3, subsection 9, Code 2023, is
29amended to read as follows:
309. To cooperate with existing agencies such as the
31department of human services, the Iowa department of public
32health, the Iowa school for the deaf, the Iowa braille and
33sight saving school, the children’s hospitals, or other
34agencies concerned with the welfare and health of children
35requiring special education in the coordination of their
-1369-1educational activities for such children.
2 Sec. 2486. 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
5 Iowa school for the deaf, the area education agencies, school
6districts, and the early hearing detection and intervention
7program in the Iowa department of public health for purposes
8of coordinating, developing, and disseminating resources for
9use by parents or guardians, early hearing detection and
10intervention programs, the state Iowa school for the deaf,
11area education agencies, school districts, and accredited
12nonpublic schools to inform deaf and hard-of-hearing children’s
13expressive and receptive language acquisition or development.
14 Sec. 2487. Section 256B.10, subsection 1, paragraph b,
15unnumbered paragraph 1, Code 2023, is amended to read as
16follows:
17The duties of the department of education shall, at a
18minimum, include all of the following:
19 Sec. 2488. Section 256B.10, subsection 3, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21The department of education, in consultation with the state
22 Iowa school for the deaf, the area education agencies, school
23districts, and the early hearing detection and intervention
24program in the Iowa department of public health, shall select
25existing tools or assessments that may be used by qualified
26educators to assess American sign language and English language
27and literacy development of deaf and hard-of-hearing children
28from birth through age eight.
29 Sec. 2489. Section 256B.10, subsections 4 and 7, Code 2023,
30are amended to read as follows:
314. The department of education shall disseminate the parent
32resource developed pursuant to this section to parents and
33guardians of deaf and hard-of-hearing children and, consistent
34with federal law, shall disseminate the educator tools and
35assessments selected pursuant to subsection 3 to early hearing
-1370-1detection and intervention programs, area education agencies,
2school districts, accredited nonpublic schools, and the
3state Iowa school for the deaf for use in the development and
4modification of individualized family service or individualized
5education program plans, and shall provide materials and
6training on the use of such materials to assist deaf and
7hard-of-hearing children in kindergarten readiness using
8American sign language or English, or both, from birth through
9age eight.
107. The department of education shall annually compile,
11and publish on the department’s internet site, a report using
12existing data reported in compliance with the state performance
13plan on pupils with disabilities, required under federal law,
14that is specific to language and literacy development in deaf
15and hard-of-hearing children from birth through age eight,
16including those children who are deaf or hard of hearing and
17have other disabilities, relative to the children’s peers who
18are not deaf or hard of hearing.
19 Sec. 2490. Section 256B.10, subsection 5, paragraphs a, b,
20and e, Code 2023, are amended to read as follows:
21a. If moneys are appropriated by the general assembly for
22a fiscal year for the purpose provided in this subsection,
23the department of education shall develop guidelines for a
24comprehensive family support mentoring program that meets the
25language and communication needs of families.
26b. The department of education shall work with the early
27hearing detection and intervention program in the Iowa
28department of public health, the state Iowa school for the
29deaf, and the area education agencies when developing the
30guidelines. The department of education, in consultation with
31the Iowa school for the deaf, shall administer the family
32support mentoring program for deaf or hard-of-hearing children.
33e. The department of education shall coordinate family
34support mentoring activities with the early hearing detection
35and intervention program in the Iowa department of public
-1371-1health, the state Iowa school for the deaf, the area education
2agencies, and nonprofit organizations that provide family
3support mentoring to parents with deaf or hard-of-hearing
4children.
5 Sec. 2491. Section 256B.10, subsection 5, paragraph d,
6unnumbered paragraph 1, Code 2023, is amended to read as
7follows:
8In establishing the family support mentoring program, the
9department of education may do all of the following:
10 Sec. 2492. Section 261E.2, subsection 8, Code 2023, is
11amended to read as follows:
128. “Student” means any individual enrolled in grades nine
13through twelve in a school district who meets the criteria in
14section 261E.3, subsection 1. “Student” includes an individual
15attending an accredited nonpublic school or the Iowa school
16for the deaf or the Iowa braille and sight saving school for
17purposes of sections 261E.4 and 261E.6.
18 Sec. 2493. Section 261E.6, subsections 3, 4, and 6, Code
192023, are amended to read as follows:
203. Authorization. To participate in this program, an
21eligible student shall make application to an eligible
22postsecondary institution to allow the eligible student to
23enroll for college credit in a nonsectarian course offered at
24the institution. A comparable course, as defined in rules
25adopted by the board of directors of the school district
26consistent with department administrative rule, must not be
27offered by the school district or accredited nonpublic school
28the student attends. A course is ineligible for purposes
29of this section if the school district has a contractual
30agreement with the eligible postsecondary institution under
31section 261E.8 that meets the requirements of section 257.11,
32subsection 3, and the course may be delivered through such an
33agreement in accordance with section 257.11, subsection 3.
34If the postsecondary institution accepts an eligible student
35for enrollment under this section, the institution shall send
-1372-1written notice to the student, the student’s parent or legal
2guardian in the case of a minor child, and the student’s school
3district or accredited nonpublic school and the school district
4in the case of a nonpublic school student, or the Iowa school
5for the deaf or the Iowa braille and sight saving school. The
6notice shall list the course, the clock hours the student will
7be attending the course, and the number of hours of college
8credit that the eligible student will receive from the eligible
9postsecondary institution upon successful completion of the
10course.
114. Credits.
12a. A school district, the Iowa school for the deaf, the
13Iowa braille and sight saving school, or accredited nonpublic
14school shall grant high school credit to an eligible student
15enrolled in a course under this chapter if the eligible student
16successfully completes the course as determined by the eligible
17postsecondary institution. The board of directors of the
18school district, the board of regents department of education
19 for the Iowa school for the deaf and the Iowa braille and
20sight saving school, or authorities in charge of an accredited
21nonpublic school shall determine the number of high school
22credits that shall be granted to an eligible student who
23successfully completes a course. Eligible students may take
24up to seven semester hours of credit during the summer months
25when school is not in session and receive credit for that
26attendance, if the student pays the cost of attendance for
27those summer credit hours.
28b. The high school credits granted to an eligible
29student under this section shall count toward the graduation
30requirements and subject area requirements of the school
31district of residence, the Iowa school for the deaf, the Iowa
32braille and sight saving school, or accredited nonpublic school
33of the eligible student. Evidence of successful completion
34of each course and high school credits and college credits
35received shall be included in the student’s high school
-1373-1transcript.
26. Definition. For purposes of this section and section
3261E.7, unless the context otherwise requires, “eligible
4student” means a student classified by the board of directors
5of a school district, by the state board of regents department
6of education for pupils of the Iowa school for the deaf and the
7Iowa braille and sight saving school, or by the authorities
8in charge of an accredited nonpublic school as a ninth or
9tenth grade student who is identified according to the school
10district’s gifted and talented criteria and procedures,
11pursuant to section 257.43, as a gifted and talented child,
12or an eleventh or twelfth grade student, during the period
13the student is participating in the postsecondary enrollment
14options program.
15 Sec. 2494. Section 261E.7, subsection 1, unnumbered
16paragraph 1, Code 2023, is amended to read as follows:
17Not later than June 30 of each year, a school district
18shall pay a tuition reimbursement amount to a postsecondary
19institution that has enrolled its resident eligible
20students under this chapter, unless the eligible student is
21participating in open enrollment under section 282.18, in which
22case, the tuition reimbursement amount shall be paid by the
23receiving district. However, if a child’s residency changes
24during a school year, the tuition shall be paid by the district
25in which the child was enrolled as of the date specified in
26section 257.6, subsection 1, or the district in which the child
27was counted under section 257.6, subsection 1, paragraph “a”,
28subparagraph (6). For students enrolled at the Iowa school
29for the deaf and the Iowa braille and sight saving school,
30the state board of regents department of education shall pay
31a tuition reimbursement amount by June 30 of each year. The
32amount of tuition reimbursement for each separate course shall
33equal the lesser of:
34 Sec. 2495. Section 262.7, subsections 4 and 5, Code 2023,
35are amended by striking the subsections.
-1374-1 Sec. 2496. Section 262.9, subsection 2, Code 2023, is
2amended to read as follows:
32. Elect a president of each of the institutions of higher
4learning; a superintendent of each of the other institutions;
5 a treasurer and a secretarial officer for each institution
6annually; professors, instructors, officers, and employees;
7and fix their compensation. Sections 279.12 through 279.19
8 and section 279.27 apply to employees of the Iowa braille and
9sight saving school and the Iowa school for the deaf, who are
10licensed pursuant to chapter 272. In following those sections
11in chapter 279, the references to boards of directors of
12school districts shall be interpreted to apply to the board of
13regents.
14 Sec. 2497. Section 262.9, subsection 21, Code 2023, is
15amended by striking the subsection.
16 Sec. 2498. Section 262.43, Code 2023, is amended to read as
17follows:
18262.43 Students residing on state-owned land.
19The state board of regents shall pay to the local school
20boards the tuition payments and transportation costs, as
21otherwise authorized by statutes for the elementary or high
22school education of students residing on land owned by the
23state and under the control of the state board of regents.
24Such payments for the three institutions of higher learning,
25the state university of Iowa, the Iowa state university of
26science and technology, and the university of northern Iowa,
27shall be made from the funds of the respective institutions
28other than state appropriations, and for the two noncollegiate
29institutions, the Iowa braille and sight saving school and the
30Iowa school for the deaf, the payments and costs shall be paid
31from moneys appropriated to the state board of regents.
32 Sec. 2499. Section 263.21, Code 2023, is amended to read as
33follows:
34263.21 Transfer of patients from state institutions.
35The director of the department of human services, in respect
-1375-1to institutions under the director’s control, the administrator
2of any of the divisions of the department, in respect to
3the institutions under the administrator’s control, and the
4director of the department of corrections, in respect to the
5institutions under the department’s control, and the state
6board of regents, in respect to the Iowa braille and sight
7saving school and the Iowa school for the deaf, may send any
8inmate, student, or patient of an institution, or any person
9committed or applying for admission to an institution, to the
10university of Iowa hospitals and clinics for treatment and
11care. The department of human services, and the department of
12corrections, and the state board of regents shall respectively
13pay the traveling expenses of such patient, and when necessary
14the traveling expenses of an attendant for the patient, out of
15funds appropriated for the use of the institution from which
16the patient is sent.
17 Sec. 2500. Section 269.1, Code 2023, is amended by striking
18the section and inserting in lieu thereof the following:
19269.1 Iowa educational services for the blind and visually
20impaired program.
21Any resident of the state under twenty-one years of age who
22is blind or visually impaired shall be entitled to receive the
23services of the Iowa educational services for the blind and
24visually impaired program. The department shall coordinate
25with area education agencies and school districts on the
26provision of these services for any eligible student.
27 Sec. 2501. Section 270.3, Code 2023, is amended to read as
28follows:
29270.3 Admission — Iowa school for the deaf.
30Any resident of the state less than twenty-one years of
31age who has a hearing loss which is too severe to acquire an
32education in the public schools is eligible to attend the Iowa
33school for the deaf. Nonresidents similarly situated may be
34admitted to an education therein the Iowa school for the deaf
35 upon such terms as may be fixed by the state board of regents
-1376-1 department. The fee for nonresidents shall be set by the state
2board of regents department.
3 Sec. 2502. Section 270.4, Code 2023, is amended to read as
4follows:
5270.4 Clothing and prescriptions.
6The superintendent of the Iowa school for the deaf shall
7provide students, who would otherwise be without, with clothing
8or prescription refills, and shall bill the student’s parent
9or guardian, if the student is a minor, or the student if the
10student has attained the age of majority, for any clothing or
11prescription refills provided. The bill shall be presumptive
12evidence in all courts.
13 Sec. 2503. Section 270.8, Code 2023, is amended to read as
14follows:
15270.8 Residence during vacation.
16The residence of indigent or homeless children may, by order
17of the state board of regents department, be continued during
18vacation months.
19 Sec. 2504. Section 270.9, Code 2023, is amended to read as
20follows:
21270.9 Iowa school for the deaf and the Iowa braille and sight
22saving school — transportation reimbursement.
23Funds appropriated to the Iowa school for the deaf and
24the Iowa braille and sight saving school for payments to the
25parents or guardians of pupils in either that institution shall
26be expended as follows:
271. Transportation reimbursement at a rate established
28annually by the state board of regents department to the
29parents or guardians of children who do not reside in the
30institution, but are transported to the institution on a daily
31basis.
322. Transportation reimbursement at a rate established
33annually by the state board of regents department to the
34parents or guardians for transportation from the institution
35to the residence of the parent or guardian and return to the
-1377-1institution for children who reside in the institution.
2 Sec. 2505. Section 270.10, Code 2023, is amended to read as
3follows:
4270.10 Merger Closure requirements.
51. The state board of regents department shall not merge
6 close the Iowa school for the deaf at Council Bluffs with the
7Iowa braille and sight saving school at Vinton or close either
8of those institutions until all of the following requirements
9have been met:
10a. 1. The department of management has presented to the
11general assembly a comprehensive plan, program, and fiscal
12analysis of the existing circumstances and the circumstances
13which would prevail upon the proposed merger or closing,
14together with data which would support the contention that the
15merger or closing will be more efficient and effective than
16continuation of the existing facilities facility. The analysis
17shall include a detailed study of the educational implications
18of the merger or closing, the impact on the students, and
19the opinions and research of nationally recognized experts
20in the field of the education of visually impaired and deaf
21or hard-of-hearing students. The comprehensive plan shall
22further include a study relating to the programming, fiscal
23consequences, and political implications which would result if
24either a merger or an agreement under chapter 28E should be
25implemented between the Iowa school for the deaf in Council
26Bluffs and comparable state programs in the state of Nebraska.
27b. 2. The general assembly has studied the plans, programs,
28and fiscal analysis and has reviewed their impact on the
29programs.
30c. 3. The general assembly has enacted legislation
31authorizing either the closing or the merger to take effect not
32sooner than two years after the enactment of the legislation.
332. This section shall not apply to an agreement related to
34the sale or transfer of the property of the Iowa braille and
35sight saving school at Vinton entered into between the state
-1378-1of Iowa and the city of Vinton.
2 Sec. 2506. Section 280.16, subsection 7, Code 2023, is
3amended to read as follows:
47. The Iowa braille and sight saving school, the Iowa school
5for the deaf, and the institutions under the control of the
6department of human services as provided in section 218.1 are
7exempt from the provisions of this section.
8 Sec. 2507. Section 321.1, subsection 8, paragraph i, Code
92023, is amended to read as follows:
10i. If authorized to transport students or clients by the
11superintendent of the Iowa braille and sight saving school
12or of the Iowa school for the deaf, or the superintendent’s
13respective designee, an employee of the Iowa braille and
14sight saving school or the Iowa school for the deaf is not a
15chauffeur when transporting the students or clients.
16 Sec. 2508. Section 331.381, subsection 9, Code 2023, is
17amended to read as follows:
189. Comply with chapters 269 and 270 chapter 256, subchapter
19V, in regard to the payment of costs for pupils at the Iowa
20braille and sight saving school and the Iowa school for the
21deaf.
22 Sec. 2509. Section 331.424, subsection 1, paragraph a,
23subparagraph (1), subparagraph division (b), Code 2023, is
24amended to read as follows:
25(b) Clothing, transportation, medical, or other services
26provided persons attending the Iowa braille and sight saving
27school, the Iowa school for the deaf, or the university of Iowa
28hospitals and clinics’ center for disabilities and development
29for children with severe disabilities at Iowa City, for which
30the county becomes obligated to pay pursuant to sections
31263.12, 269.2, and 270.4.
32 Sec. 2510. Section 331.552, subsection 13, Code 2023, is
33amended to read as follows:
3413. Make transfer payments to the state for school expenses
35for blind and deaf and hard-of-hearing children and support of
-1379-1persons with mental illness as provided in sections section
2 230.21 and 269.2.
3 Sec. 2511. Section 483A.24, subsection 7, Code 2023, is
4amended to read as follows:
57. A license shall not be required of minor pupils of
6the Iowa braille and sight saving school, Iowa school for
7the deaf, or of minor residents of other state institutions
8under the control of an administrator of a division of the
9department of human services. In addition, a person who is
10on active duty with the armed forces of the United States,
11on authorized leave from a duty station located outside of
12this state, and a resident of the state of Iowa shall not be
13required to have a license to hunt or fish in this state. The
14military person shall carry the person’s leave papers and a
15copy of the person’s current earnings statement showing a
16deduction for Iowa income taxes while hunting or fishing. In
17lieu of carrying the person’s earnings statement, the military
18person may also claim residency if the person is registered to
19vote in this state. If a deer or wild turkey is taken, the
20military person shall immediately contact a state conservation
21officer to obtain an appropriate tag to transport the animal.
22A license shall not be required of residents of county care
23facilities or any person who is receiving supplementary
24assistance under chapter 249.
25 Sec. 2512. REPEAL. Section 269.2, Code 2023, is repealed.
26 Sec. 2513. CODE EDITOR DIRECTIVE.
271. The Code editor is directed to make the following
28transfers:
29a. Section 256B.10 to section 256.106.
30b. Section 269.1 to section 256.96.
31c. Section 270.1 to section 256.98.
32d. Section 270.3 to section 256.97.
33e. Section 270.4 to section 256.99.
34f. Section 270.8 to section 256.100.
35g. Section 270.9 to section 256.101.
-1380- 1h. Section 270.10 to section 256.102.
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.
53. The Code editor may designate sections 256.95 through
6256.107, as amended or enacted in this division of this Act, as
7new subchapter V within chapter 256, entitled “Iowa educational
8services for the blind and visually impaired program and Iowa
9school for the deaf”.
10 Sec. 2514. TRANSITION PROVISIONS.
111. The property and records in the custody of the state
12board of regents relating to the Iowa braille and sight saving
13school, the Iowa school for the deaf, the hall of fame for
14distinguished graduates at the Iowa braille and sight saving
15school, and the hall of fame for distinguished graduates at the
16Iowa school for the deaf shall be transferred to the department
17of education.
182. All employees of the Iowa school for the deaf established
19pursuant to chapter 270 shall be considered employees of the
20department of education on the effective date of this division
21of this Act without incurring any loss in salary, benefits, or
22accrued years of service.
23INNOVATION DIVISION
24 Sec. 2515. Section 268.7, Code 2023, is amended to read as
25follows:
26268.7 Science, Innovation division — science, technology,
27engineering, and mathematics collaborative initiative.
281. The innovation division of the department of education
29is created. The chief administrative officer of the division
30is the administrator who shall be a highly qualified science,
31technology, engineering, and mathematics advocate and shall be
32appointed by the director.
332. The administrator shall do all of the following:
34a. Direct and organize the activities of the division,
35including the science, technology, engineering, and mathematics
-1381-1collaborative initiative created in subsection 3.
2b. Control all property of the division.
3c. Perform other duties imposed by law.
41. 3. A science, technology, engineering, and mathematics
5collaborative initiative is established at the university of
6northern Iowa within the innovation division for purposes
7of supporting activities directly related to recruitment of
8prekindergarten through grade twelve mathematics and science
9teachers for ongoing mathematics and science programming for
10students enrolled in prekindergarten through grade twelve.
112. 4. The collaborative initiative shall prioritize
12student interest in achievement in science, technology,
13engineering, and mathematics; reach every student and teacher
14in every school district in the state; identify, recruit,
15prepare, and support the best mathematics and science teachers;
16and sustain exemplary programs through the university’s Iowa
17mathematics and science education partnership. The university
18 innovation division shall collaborate with the community
19colleges to develop science, technology, engineering, and
20mathematics professional development programs for community
21college instructors and for purposes of science, technology,
22engineering, and mathematics curricula development.
233. 5. Subject to an appropriation of funds moneys by the
24general assembly, the initiative innovation division shall
25administer the following:
26a. Regional science, technology, engineering, and
27mathematics networks for Iowa, the purpose of which is to
28equalize science, technology, engineering, and mathematics
29education enrichment opportunities available to learners
30statewide. The initiative innovation division shall establish
31six geographically similar regional science, technology,
32engineering, and mathematics networks across Iowa that
33complement and leverage existing resources, including but
34not limited to extension service assets, area education
35agencies, state accredited postsecondary institutions,
-1382-1informal educational centers, school districts, economic
2development zones, and existing public and private science,
3technology, engineering, and mathematics partnerships. Each
4network shall be managed by a highly qualified science,
5technology, engineering, and mathematics advocate positioned
6at a network hub to be determined through a competitive
7application process. Oversight for each regional network
8shall be provided by a regional advisory board. Members of
9the board shall be appointed by the governor. The membership
10shall represent prekindergarten through grade twelve school
11districts and schools, and higher education, business,
12nonprofit organizations, youth agencies, and other appropriate
13stakeholders.
14b. A focused array of the best science, technology,
15engineering, and mathematics enrichment opportunities, selected
16through a competitive application process, that can be expanded
17to meet future needs. A limited, focused list of selected
18exemplary programs shall be made available to each regional
19network.
20c. Statewide science, technology, engineering, and
21mathematics programming designed to increase participation of
22students and teachers in successful learning experiences; to
23increase the number of science, technology, engineering, and
24mathematics-related teaching majors offered by the state’s
25universities; to elevate public awareness of the opportunities;
26and to increase collaboration and partnerships.
274. 6. The initiative innovation division shall evaluate the
28effectiveness of programming to document best practices.
297. The state board shall adopt rules pursuant to chapter 17A
30to administer this section.
31 Sec. 2516. CODE EDITOR DIRECTIVE.
321. The Code editor is directed to make the following
33transfer:
34Section 268.7 to section 256.111.
352. The Code editor shall correct internal references in the
-1383-1Code and in any enacted legislation as necessary due to the
2enactment of this section.
33. The Code editor may designate section 256.111, as enacted
4in this division of this Act, as new subchapter VI within
5chapter 256, entitled “Innovation Division”.
6 Sec. 2517. TRANSITION PROVISIONS.
71. The property and records in the custody of the state
8board of regents or the university of northern Iowa relating
9to the science, technology, engineering, and mathematics
10collaborative initiative shall be transferred to the department
11of education on or before the effective date of this division
12of this Act.
132. All employees of the university of northern Iowa whose
14primary workplace is located at the university of northern Iowa
15under the science, technology, engineering, and mathematics
16collaborative initiative established pursuant to section 268.7
17shall be considered employees of the innovation division of the
18department of education on the effective date of this division
19of this Act without incurring any loss in salary, benefits, or
20accrued years of service.
213. The state board of regents and the university of
22northern Iowa shall assist the department of education in
23implementing this division of this Act by providing for an
24effective transition of powers and duties from one entity
25to another under section 268.7, chapters 256 and 262, and
26related administrative rules. To the extent requested by
27the department of education, such assistance shall include
28assisting in cooperating with federal agencies such as the
29United States department of education.
304. Any contract issued or entered into by the state board
31of regents or the university of northern Iowa relating to the
32provisions of section 268.7, in effect on the effective date
33of this division of this Act, shall continue in full force and
34effect pending transfer of such contract to the innovation
35division of the department of education.
-1384- 15. Federal funds utilized by the state board of regents or
2the university of northern Iowa prior to the effective date of
3this division of this Act to employ personnel necessary for
4the administration of the science, technology, engineering,
5and mathematics collaborative initiative established pursuant
6to section 268.7 shall be applied to and be available for the
7transfer of such personnel from the state board of regents or
8the university of northern Iowa to the innovation division of
9the department of education.
10HIGHER EDUCATION DIVISION AND MISCELLANEOUS CHANGES
11 Sec. 2518. Section 256.1, subsection 1, Code 2023, is
12amended by adding the following new paragraphs:
13 NEW PARAGRAPH. g. The Iowa educational services for the
14blind and visually impaired program.
15 NEW PARAGRAPH. h. The Iowa school for the deaf.
16 NEW PARAGRAPH. i. The science, technology, engineering,
17and mathematics collaborative initiative within the innovation
18division of the department.
19 NEW PARAGRAPH. j. The college student aid commission within
20the higher education division of the department.
21 NEW PARAGRAPH. k. The board of educational examiners within
22the higher education division of the department.
23 NEW PARAGRAPH. l. Career and technical education programs
24offered by school districts or community colleges.
25 Sec. 2519. Section 256.7, unnumbered paragraph 1, Code
262023, is amended to read as follows:
27Except for the college student aid commission, the
28commission of libraries and division of library services,
29 higher education division; the bureaus, boards, and commissions
30within the higher education division; and the public
31broadcasting board and division, the state board shall:
32 Sec. 2520. Section 256.9, unnumbered paragraph 1, Code
332023, is amended to read as follows:
34Except for the college student aid commission, the
35commission of libraries and division of library services,
-1385-1 higher education division; the bureaus, boards, and commissions
2within the higher education division; and the public
3broadcasting board and division, the director shall:
4 Sec. 2521. NEW SECTION. 256.121 Higher education division
5created.
61. The higher education division of the department of
7education is created. The chief administrative officer of the
8division is the administrator who shall be appointed by the
9director.
102. The administrator shall do all of the following:
11a. Administer and coordinate all of the following bureaus,
12boards, and commissions within the higher education division:
13(1) The community colleges and post-secondary readiness
14bureau under part 2.
15(2) The board of educational examiners under part 3.
16(3) The college student aid commission under part 4.
17(4) The community colleges bureau under chapter 260C.
18b. Direct and organize the activities of the division.
19c. Control all property of the division.
20d. Hire and control the personnel employed by the division.
21e. Perform other duties imposed by law.
22 Sec. 2522. CODE EDITOR DIRECTIVE. The Code editor may
23designate section 256.121 as new subchapter VII within chapter
24256, entitled “Higher Education Division”, and new part 1
25within new subchapter VII entitled “General Provisions”.
26COMMUNITY COLLEGES AND POST-SECONDARY READINESS BUREAU
27 Sec. 2523. Section 256.7, subsection 2, Code 2023, is
28amended to read as follows:
292. Constitute the state board for career and technical
30education under chapter 258 subchapter VII, part 2.
31 Sec. 2524. Section 256.11, subsection 5, paragraph h,
32subparagraph (2), Code 2023, is amended to read as follows:
33(2) Instructional programs provided under subparagraph (1)
34shall comply with the provisions of chapter 258 subchapter VII,
35part 2, relating to career and technical education, and shall
-1386-1be articulated with postsecondary programs of study and include
2field, laboratory, or on-the-job training. Each sequential
3unit shall contain a portion of a career and technical
4education program approved by the department. Standards for
5instructional programs shall include but not be limited to new
6and emerging technologies; job-seeking, job-adaptability, and
7other employment, self-employment and entrepreneurial skills
8that reflect current industry standards and labor-market needs;
9and reinforcement of basic academic skills.
10 Sec. 2525. Section 257.51, subsection 3, Code 2023, is
11amended to read as follows:
123. The department of education shall adopt rules to
13establish and administer a career academy grant program
14to provide for the allocation of money in the fund in
15the form of competitive grants, not to exceed one million
16dollars per grant, to school corporations for career academy
17infrastructure, career academy equipment, or both, in
18accordance with the goals of this section and to further the
19goals of the establishment and operation of career academies
20under section 258.15. The rules adopted by the department
21of education shall specify the eligibility of applicants
22and eligible items for grant funding. Priority for grants
23shall first be given to applications to establish new career
24academies that are organized as regional centers pursuant to
25chapter 258 256, subchapter VII, part 2. Subsequent priority
26shall be given to applications for expanding existing career
27academies.
28 Sec. 2526. Section 258.3, Code 2023, is amended to read as
29follows:
30258.3 Personnel Community colleges and post-secondary
31readiness bureau — personnel.
32The director of the department of education shall appoint
33the bureau chief of the community colleges and post-secondary
34readiness bureau, and the bureau chief shall direct the work of
35personnel as necessary to carry out this chapter part.
-1387-1 Sec. 2527. Section 258.3A, subsection 3, Code 2023, is
2amended to read as follows:
33. Adopt rules prescribing standards for approval of school
4district career and technical education programs; and community
5colleges with career and technical education programs; and
6practitioner preparation schools, departments, and classes,
7applying for federal and state moneys under this chapter part.
8 Sec. 2528. Section 258.4, subsection 10, Code 2023, is
9amended to read as follows:
1010. Notwithstanding the accreditation process contained
11in section 256.11, permit school districts that provide a
12program which does not meet the standards for accreditation
13for career and technical education to cooperate with the
14regional career and technical education planning partnership
15and contract for an approved program under this chapter part
16 without losing accreditation. A school district that fails
17to cooperate with the regional career and technical education
18planning partnership and contract for an approved program
19shall, however, be subject to section 256.11.
20 Sec. 2529. Section 258.6, Code 2023, is amended to read as
21follows:
22258.6 Definitions.
23As used in this chapter part:
241. “Approved career and technical education program” means
25a career and technical education program offered by a school
26district or community college and approved by the department
27 bureau which meets the standards for career and technical
28education programs adopted by the state board under this
29chapter part.
302. “Approved practitioner preparation school, department,
31or class” means a school, department, or class approved by the
32state board as entitled under this chapter part to federal
33moneys for the training of teachers of career and technical
34education subjects.
353. “Approved regional career and technical education
-1388-1planning partnership” means a regional entity that meets the
2standards for regional career and technical education planning
3partnerships adopted by the state board pursuant to section
4258.3A and section 258.14.
54. “Career academy” means a career academy established under
6section 258.15.
75. “Career and technical education service area” means
8any one of the service areas specified in section 256.11,
9subsection 5, paragraph “h”.
106. “Department” means the department of education.
117. “Director” means the director of the department of
12education.
138. 6. “Sector partnership” means a regional industry sector
14partnership established pursuant to section 260H.7B.
159. 7. “State board” means the state board for career and
16technical education as provided in section 258.2.
1710. 8. “Work-based learning” means opportunities and
18experiences that include but are not limited to tours, job
19shadowing, rotations, mentoring, entrepreneurship, service
20learning, internships, and apprenticeships.
2111. 9. “Work-based learning intermediary network” means the
22statewide work-based learning intermediary network established
23pursuant to section 256.40.
24 Sec. 2530. Section 258.9, subsection 1, Code 2023, is
25amended to read as follows:
261. The board of directors of a school district or community
27college that maintains a career and technical education
28program receiving federal or state funds under this chapter
29 part shall, as a condition of approval by the state board,
30appoint a local advisory council for each career and technical
31education program offered by the school district or community
32college. However, a school district and a community college
33that maintain a career and technical education program
34receiving federal or state funds may create a joint local
35advisory council. The membership of each local advisory
-1389-1council shall consist of public members with expertise in
2the occupation or occupational field related to the career
3and technical education program. The local advisory council
4shall give advice and assistance to the board of directors,
5administrators, and instructors in the establishment and
6maintenance of the career and technical education program.
7 Sec. 2531. Section 258.11, Code 2023, is amended to read as
8follows:
9258.11 Salary and expenses for administration.
10The director may make expenditures for salaries and other
11expenses as necessary to the proper administration of this
12chapter part.
13 Sec. 2532. Section 260C.14, subsection 1, Code 2023, is
14amended to read as follows:
151. Determine the curriculum to be offered in such school or
16college subject to approval of the director and ensure that all
17career and technical education offerings are competency-based,
18provide any minimum competencies required by the department
19of education, comply with any applicable requirements in
20chapter 258 256, subchapter VII, part 2, and are articulated
21with local school district career and technical education
22programs. If an existing private educational institution or an
23existing vocational institution offering a career and technical
24education program within the merged area has facilities and
25curriculum of adequate size and quality which would duplicate
26the functions of the area school, the board of directors shall
27discuss with the institution the possibility of entering into
28contracts to have the existing institution offer facilities
29and curriculum to students of the merged area. The board of
30directors shall consider any proposals submitted by the private
31institution for providing such facilities and curriculum. The
32board of directors may enter into such contracts. In approving
33curriculum, the director shall ascertain that all courses
34and programs submitted for approval are needed and that the
35curriculum being offered by an area school does not duplicate
-1390-1programs provided by existing public or private facilities in
2the area. In determining whether duplication would actually
3exist, the director shall consider the needs of the area
4and consider whether the proposed programs are competitive
5as to size, quality, tuition, purposes, and area coverage
6with existing public and private educational or vocational
7institutions within the merged area. If the board of directors
8of the merged area chooses not to enter into contracts with
9private institutions under this subsection, the board shall
10submit a list of reasons why contracts to avoid duplication
11were not entered into and an economic impact statement relating
12to the board’s decision.
13 Sec. 2533. Section 598.21B, subsection 2, paragraph e,
14subparagraph (1), subparagraph division (c), Code 2023, is
15amended to read as follows:
16(c) The parent is attending a career and technical education
17program approved pursuant to chapter 258 256, subchapter VII,
18part 2.
19 Sec. 2534. EMERGENCY RULES. The state board of education
20may adopt emergency rules under section 17A.4, subsection 3,
21and section 17A.5, subsection 2, paragraph “b”, to implement
22the provisions of this division of this Act pertaining to the
23community colleges and post-secondary readiness bureau and
24the rules shall be effective immediately upon filing unless
25a later date is specified in the rules. Any rules adopted
26in accordance with this section shall also be published as a
27notice of intended action as provided in section 17A.4.
28 Sec. 2535. CODE EDITOR DIRECTIVE.
291. The Code editor is directed to make the following
30transfers:
31a. Section 258.1 to section 256.126.
32b. Section 258.2 to section 256.127.
33c. Section 258.3 to section 256.128.
34d. Section 258.3A to section 256.129.
35e. Section 258.4 to section 256.130.
-1391- 1f. Section 258.5 to section 256.131.
2g. Section 258.6 to section 256.125.
3h. Section 258.9 to section 256.132.
4i. Section 258.10 to section 256.133.
5j. Section 258.11 to section 256.134.
6k. Section 258.12 to section 256.135.
7l. Section 258.14 to section 256.136.
8m. Section 258.15 to section 256.137.
92. The Code editor shall correct internal references in the
10Code and in any enacted legislation as necessary due to the
11enactment of this section.
123. The Code editor may designate sections 256.125 through
13256.137, as amended or enacted in this division of this Act,
14as new part 2 entitled “Community Colleges and Post-Secondary
15Readiness Bureau” within the subchapter entitled “Higher
16Education Division” as enacted by another division of this Act.
17 Sec. 2536. TRANSITION PROVISIONS.
181. Any contract issued or entered into by the state board
19of education or the department of education relating to the
20provisions of chapter 258, in effect on the effective date
21of this division of this Act, shall continue in full force
22and effect pending transfer of such contract to the higher
23education division of the department of education.
242. All employees of the department of education who work
25under the career and technical education program established
26pursuant to chapter 258 shall be considered employees of the
27community colleges and post-secondary readiness bureau of the
28higher education division of the department of education on the
29effective date of this division of this Act without incurring
30any loss in salary, benefits, or accrued years of service.
31BOARD OF EDUCATIONAL EXAMINERS
32 Sec. 2537. Section 20.17, subsection 10, paragraph a, Code
332023, is amended to read as follows:
34a. In the absence of an impasse agreement negotiated
35pursuant to section 20.19 which provides for a different
-1392-1completion date, public employees represented by a certified
2employee organization who are teachers licensed under chapter
3272 256, subchapter VII, part 3, and who are employed by a
4public employer which is a school district or area education
5agency shall complete the negotiation of a proposed collective
6bargaining agreement not later than May 31 of the year
7when the agreement is to become effective. The board shall
8provide, by rule, a date on which impasse items in such cases
9must be submitted to binding arbitration and for such other
10procedures as deemed necessary to provide for the completion
11of negotiations of proposed collective bargaining agreements
12not later than May 31. The date selected for the mandatory
13submission of impasse items to binding arbitration in such
14cases shall be sufficiently in advance of May 31 to ensure that
15the arbitrator’s award can be reasonably made by May 31.
16 Sec. 2538. Section 20.19, subsection 1, Code 2023, is
17amended to read as follows:
181. As the first step in the performance of their duty to
19bargain, the public employer and the employee organization
20shall endeavor to agree upon impasse procedures. Such
21agreement shall provide for implementation of these impasse
22procedures not later than one hundred twenty days prior to
23the certified budget submission date of the public employer.
24However, if public employees represented by the employee
25organization are teachers licensed under chapter 272 256,
26subchapter VII, part 3, and the public employer is a school
27district or area education agency, the agreement shall provide
28for implementation of impasse procedures not later than one
29hundred twenty days prior to May 31 of the year when the
30collective bargaining agreement is to become effective. If the
31public employer is a community college, the agreement shall
32provide for implementation of impasse procedures not later than
33one hundred twenty days prior to May 31 of the year when the
34collective bargaining agreement is to become effective. If
35the public employer is not subject to the budget certification
-1393-1requirements of section 24.17 and other applicable sections,
2the agreement shall provide for implementation of impasse
3procedures not later than one hundred twenty days prior
4to the date the next fiscal or budget year of the public
5employer commences. If the parties fail to agree upon impasse
6procedures under the provisions of this section, the impasse
7procedures provided in sections 20.20 and 20.22 shall apply.
8 Sec. 2539. Section 20.20, Code 2023, is amended to read as
9follows:
1020.20 Mediation.
11In the absence of an impasse agreement negotiated pursuant
12to section 20.19 or the failure of either party to utilize its
13procedures, one hundred twenty days prior to the certified
14budget submission date, or one hundred twenty days prior to
15May 31 of the year when the collective bargaining agreement
16is to become effective if public employees represented by the
17employee organization are teachers licensed under chapter
18272 256, subchapter VII, part 3, and the public employer is
19a school district or area education agency, the board shall,
20upon the request of either party, appoint an impartial and
21disinterested person to act as mediator. If the public
22employer is a community college, and in the absence of an
23impasse agreement negotiated pursuant to section 20.19 or
24the failure of either party to utilize its procedures, one
25hundred twenty days prior to May 31 of the year when the
26collective bargaining agreement is to become effective, the
27board, upon the request of either party, shall appoint an
28impartial and disinterested person to act as mediator. If the
29public employer is not subject to the budget certification
30requirements of section 24.17 or other applicable sections and
31in the absence of an impasse agreement negotiated pursuant
32to section 20.19, or the failure of either party to utilize
33its procedures, one hundred twenty days prior to the date the
34next fiscal or budget year of the public employer commences,
35the board, upon the request of either party, shall appoint an
-1394-1impartial and disinterested person to act as a mediator. It
2shall be the function of the mediator to bring the parties
3together to effectuate a settlement of the dispute, but the
4mediator may not compel the parties to agree.
5 Sec. 2540. Section 235A.15, subsection 2, paragraph e,
6subparagraph (9), Code 2023, is amended to read as follows:
7(9) To the board of educational examiners created under
8chapter 272 256 for purposes of determining whether a license,
9certificate, or authorization should be issued, denied, or
10revoked.
11 Sec. 2541. Section 235B.6, subsection 2, paragraph e,
12subparagraph (13), Code 2023, is amended to read as follows:
13(13) To the board of educational examiners created under
14chapter 272 256 for purposes of determining whether a license,
15certificate, or authorization should be issued, denied, or
16revoked.
17 Sec. 2542. Section 256.7, subsection 26, paragraph a,
18subparagraph (2), Code 2023, is amended to read as follows:
19(2) The rules shall allow a school district or accredited
20nonpublic school to award high school credit to an enrolled
21student upon the demonstration of required competencies for
22a course or content area, as approved by a teacher licensed
23under chapter 272 subchapter VII, part 3. The school district
24or accredited nonpublic school shall determine the assessment
25methods by which a student demonstrates sufficient evidence of
26the required competencies.
27 Sec. 2543. Section 256.7, subsection 32, paragraph c, Code
282023, is amended to read as follows:
29c. Rules adopted pursuant to this subsection shall require
30that online learning coursework offered by school districts,
31accredited nonpublic schools, and area education agencies be
32rigorous, high-quality, aligned with the Iowa core and core
33content requirements and standards and the national standards
34of quality for online courses issued by an internationally
35recognized association for kindergarten through grade twelve
-1395-1online learning, and taught by a teacher licensed under chapter
2272 subchapter VII, part 3, who has specialized training or
3experience in online learning, including but not limited to an
4online-learning-for-Iowa-educators-professional-development
5project offered by area education agencies, a teacher
6preservice program, or comparable coursework.
7 Sec. 2544. Section 256.9, subsection 55, Code 2023, is
8amended to read as follows:
955. Develop and maintain a list of approved online
10providers that provide course content through an online
11learning platform taught by a teacher licensed under chapter
12272 subchapter VII, part 3, who has specialized training or
13experience in online learning including but not limited to an
14online-learning-for-Iowa-educators-professional-development
15project offered by area education agencies, a teacher
16preservice program, or comparable coursework, and whose online
17learning coursework meets the requirements established by
18rule pursuant to section 256.7, subsection 32, paragraph “c”.
19Providers shall apply for approval annually or as determined
20by the department.
21 Sec. 2545. Section 256.11, subsections 9, 9A, and 9B, Code
222023, are amended to read as follows:
239. Beginning July 1, 2006, each school district shall have a
24qualified teacher librarian who shall be licensed by the board
25of educational examiners under chapter 272 subchapter VII,
26part 3. The state board shall establish in rule a definition
27of and standards for an articulated sequential kindergarten
28through grade twelve media program. A school district that
29entered into a contract with an individual for employment as a
30media specialist or librarian prior to June 1, 2006, shall be
31considered to be in compliance with this subsection until June
3230, 2011, if the individual is making annual progress toward
33meeting the requirements for a teacher librarian endorsement
34issued by the board of educational examiners under chapter
35272 subchapter VII, part 3. A school district that entered
-1396-1into a contract with an individual for employment as a media
2specialist or librarian who holds at least a master’s degree in
3library and information studies shall be considered to be in
4compliance with this subsection until the individual leaves the
5employ of the school district.
69A. Beginning July 1, 2007, each school district shall have
7a qualified guidance counselor who shall be licensed by the
8board of educational examiners under chapter 272 subchapter
9VII, part 3. Each school district shall work toward the
10goal of having one qualified guidance counselor for every
11three hundred fifty students enrolled in the school district.
12The state board shall establish in rule a definition of and
13standards for an articulated sequential kindergarten through
14grade twelve guidance and counseling program.
159B. Beginning July 1, 2007, each school district shall have
16a school nurse to provide health services to its students.
17Each school district shall work toward the goal of having one
18school nurse for every seven hundred fifty students enrolled in
19the school district. For purposes of this subsection, “school
20nurse” means a person who holds an endorsement or a statement of
21professional recognition for school nurses issued by the board
22of educational examiners under chapter 272 subchapter VII, part
233.
24 Sec. 2546. Section 256.11, subsection 17, paragraph a,
25subparagraph (1), subparagraph division (a), Code 2023, is
26amended to read as follows:
27(a) The school district or accredited nonpublic school
28makes every reasonable and good faith effort to employ a
29teacher licensed under chapter 272 subchapter VII, part 3, for
30the specified subject and is unable to employ such a teacher.
31 Sec. 2547. Section 256.11, subsection 17, paragraph c,
32subparagraphs (1) and (3), Code 2023, are amended to read as
33follows:
34(1) An online learning platform if the course is developed
35by the school district or accredited nonpublic school itself
-1397-1or is developed by a partnership or consortium of schools
2that have developed the course individually or cooperatively,
3provided the course is taught and supervised by a teacher
4licensed under chapter 272 subchapter VII, part 3, who has
5online learning experience and the course content meets the
6requirements established by rule pursuant to section 256.7,
7subsection 32, paragraph “c”. A partnership or consortium of
8schools may include two or more school districts or accredited
9nonpublic schools, or any combination thereof.
10(3) An online learning platform offered, subject to the
11initial availability of federal funds, by the department in
12collaboration with one or more area education agencies or in
13partnership with school districts and accredited nonpublic
14schools. The online learning platform may deliver distance
15education to students, including students receiving competent
16private instruction under chapter 299A, provided such students
17register with the school district of residence and the
18coursework offered by the online learning platform is taught
19and supervised by a teacher licensed under chapter 272
20subchapter VII, part 3, who has online learning experience and
21the course content meets the requirements established by rule
22pursuant to section 256.7, subsection 32, paragraph “c”. The
23department and the area education agencies operating online
24learning programs pursuant to section 273.16 shall coordinate
25to ensure the most effective use of resources and delivery
26of services. Federal funds, if available, may be used to
27offset what would otherwise be costs to school districts for
28participation in the program.
29 Sec. 2548. Section 256.16, subsection 2, Code 2023, is
30amended to read as follows:
312. A person initially applying for a license shall
32successfully complete a practitioner preparation program
33approved under section 256.7, subsection 3, and containing the
34subject matter specified in this section, before the initial
35action by the board of educational examiners under chapter 272
-1398- 1subchapter VII, part 3, takes place.
2 Sec. 2549. Section 256.41, subsection 2, Code 2023, is
3amended to read as follows:
42. Online learning curricula shall be provided and
5supervised by a teacher licensed under chapter 272 subchapter
6VII, part 3.
7 Sec. 2550. Section 256.43, subsection 1, paragraph d, Code
82023, is amended to read as follows:
9d. High-quality online instruction taught by teachers
10licensed under chapter 272 subchapter VII, part 3.
11 Sec. 2551. Section 256.43, subsection 2, paragraph a, Code
122023, is amended to read as follows:
13a. At the discretion of the school board or authorities in
14charge of an accredited nonpublic school, after consideration
15of circumstances created by necessity, convenience, and
16cost-effectiveness, courses developed by private providers may
17be utilized by the school district or school in implementing a
18high-quality online learning program. Courses obtained from
19private providers shall be taught by teachers licensed under
20chapter 272 subchapter VII, part 3.
21 Sec. 2552. Section 256.43, subsection 3, Code 2023, is
22amended to read as follows:
233. Grading. Grades in online courses shall be based,
24at a minimum, on whether a student mastered the subject,
25demonstrated competency, and met the standards established
26by the school district. Grades shall be conferred only by
27teachers licensed under chapter 272 subchapter VII, part 3.
28 Sec. 2553. Section 256C.3, subsection 2, paragraph a,
29subparagraph (2), Code 2023, is amended to read as follows:
30(2) The individual is appropriately licensed under chapter
31272 256, subchapter VII, part 3, and meets requirements under
32chapter 284.
33 Sec. 2554. Section 256E.7, subsection 4, paragraph b,
34subparagraphs (1), (2), and (3), Code 2023, are amended to read
35as follows:
-1399- 1(1) An administrator who holds a valid license under chapter
2272 256, subchapter VII, part 3.
3(2) A teacher who holds a valid license under chapter 272
4 256, subchapter VII, part 3.
5(3) An individual who holds an authorization to be a
6charter school administrator issued by the board of educational
7examiners under chapter 272 256, subchapter VII, part 3. The
8board of educational examiners shall adopt rules for the
9issuance of such authorizations not later than December 31,
102021, and such authorizations shall only be valid for service
11or employment as a charter school administrator.
12 Sec. 2555. Section 257.11, subsection 3, paragraph c,
13subparagraph (1), Code 2023, is amended to read as follows:
14(1) The school district has made every reasonable and good
15faith effort to employ a teacher licensed under chapter 272
16 256, subchapter VII, part 3, for the science or mathematics
17unit, as applicable, and is unable to employ such a teacher.
18For purposes of this paragraph “c”, “good faith effort” means
19the same as defined in section 279.19A, subsection 9.
20 Sec. 2556. Section 260C.48, subsection 1, paragraph a,
21subparagraph (2), Code 2023, is amended to read as follows:
22(2) For purposes of subparagraph (1), subparagraph
23divisions (b) and (c), if the instructor is a licensed
24practitioner who holds a career and technical endorsement
25under chapter 272 256, subchapter VII, part 3, relevant work
26experience in the occupational area includes but is not limited
27to classroom instruction in a career and technical education
28subject area offered by a school district or accredited
29nonpublic school.
30 Sec. 2557. Section 261.1, subsection 2, paragraph d,
31subparagraph (5), Code 2023, is amended to read as follows:
32(5) One member shall represent practitioners licensed under
33chapter 272 256, subchapter VII, part 3. When appointing
34this member, the governor shall give careful consideration to
35any person nominated by an Iowa teacher association or other
-1400-1education stakeholder organization.
2 Sec. 2558. Section 261E.4, subsection 3, Code 2023, is
3amended to read as follows:
43. A school district shall ensure that advanced placement
5course teachers or instructors are appropriately licensed
6by the board of educational examiners in accordance with
7chapter 272 256, subchapter VII, part 3, and meet the minimum
8certification requirements of the national organization that
9administers the advanced placement program.
10 Sec. 2559. Section 261H.2, subsection 3, paragraph b, Code
112023, is amended to read as follows:
12b. If it is determined, after exhaustion of all available
13administrative and judicial appeals, that a faculty member
14knowingly and intentionally restricts the protected speech or
15otherwise penalizes a student in violation of this subsection,
16the faculty member shall be subject to discipline by the
17institution through the normal disciplinary processes of the
18institution, and such discipline may include termination
19depending on the totality of the facts. If the faculty member
20is licensed by the board of educational examiners under chapter
21272 256, subchapter VII, part 3, the board of educational
22examiners shall conduct a hearing pursuant to section 272.13,
23and the faculty member may be subject to disciplinary action
24by the board.
25 Sec. 2560. Section 272.1, Code 2023, is amended to read as
26follows:
27272.1 Definitions.
28As used in this part, unless the context otherwise requires:
291. “Administrator” means a person who is licensed to
30coordinate, supervise, or direct an educational program or the
31activities of other practitioners.
322. “Board” means the board of educational examiners.
333. “Certificate” means limited recognition to perform
34instruction and instruction-related duties in school, other
35than those duties for which practitioners are licensed. A
-1401-1certificate is nonexclusive recognition and does not confer the
2exclusive authority of a license.
34. “Department” means the state department of education.
45. 4. “License” means the authority that is given to allow
5a person to legally serve as a practitioner, a school, an
6institution, or a course of study to legally offer professional
7development programs, other than those programs offered by
8practitioner preparation schools, institutions, courses of
9study, or area education agencies. A license is the exclusive
10authority to perform these functions.
116. 5. “Offense directly relates” refers to either of the
12following:
13a. The actions taken in furtherance of an offense are
14actions customarily performed within the scope of practice of
15a licensed profession.
16b. The circumstances under which an offense was committed
17are circumstances customary to a licensed profession.
187. 6. “Para-educator” means a person who is certified to
19assist a teacher in the performance of instructional tasks to
20support and assist classroom instruction and related school
21activities.
228. 7. “Practitioner” means an administrator, teacher,
23or other licensed professional, including an individual who
24holds a statement of professional recognition, who provides
25educational assistance to students.
269. 8. “Practitioner preparation program” means a program
27approved by the state board of education which prepares a
28person to obtain a license as a practitioner.
2910. 9. “Principal” means a licensed member of a school’s
30instructional staff who serves as an instructional leader,
31coordinates the process and substance of educational and
32instructional programs, coordinates the budget of the school,
33provides formative evaluation for all practitioners and other
34persons in the school, recommends or has effective authority
35to appoint, assign, promote, or transfer personnel in a school
-1402-1building, implements the local school board’s policy in a
2manner consistent with professional practice and ethics, and
3assists in the development and supervision of a school’s
4student activities program.
511. 10. “Professional development program” means a course or
6program which is offered by a person or agency for the purpose
7of providing continuing education for the renewal or upgrading
8of a practitioner’s license.
912. 11. “School” means a school under section 280.2, an
10area education agency, and a school operated by a state agency
11for special purposes.
1213. 12. “School administration manager” means a person
13who is authorized to assist a school principal in performing
14noninstructional administrative duties.
1514. 13. “School service personnel” means those persons
16holding a practitioner’s license who provide support services
17for a student enrolled in school or to practitioners employed
18in a school.
1915. 14. “Student” means a person who is enrolled in
20a course of study at a school or practitioner preparation
21program, or who is receiving direct or indirect assistance from
22a practitioner.
2316. 15. “Superintendent” means an administrator
24who promotes, demotes, transfers, assigns, or evaluates
25practitioners or other personnel, and carries out the policies
26of a governing board in a manner consistent with professional
27practice and ethics.
2817. 16. “Teacher” means a licensed member of a school’s
29instructional staff who diagnoses, prescribes, evaluates,
30and directs student learning in a manner which is consistent
31with professional practice and school objectives, shares
32responsibility for the development of an instructional program
33and any coordinating activities, evaluates or assesses student
34progress before and after instruction, and who uses the student
35evaluation or assessment information to promote additional
-1403-1student learning.
218. 17. “Work-based learning program supervisor” means a
3person who is certified pursuant to section 272.16 to supervise
4students’ opportunities and experiences related to workplace
5tours, job shadowing, rotations, mentoring, entrepreneurship,
6service learning, internships, and apprenticeships.
7 Sec. 2561. Section 272.2, unnumbered paragraph 1, Code
82023, is amended to read as follows:
9The board of educational examiners is created within the
10higher education division of the department of education to
11exercise the exclusive authority to:
12 Sec. 2562. Section 272.2, subsection 1, paragraph a, Code
132023, is amended to read as follows:
14a. License practitioners, which includes the authority to
15establish do all of the following:
16(1) Establishcriteria for the licenses; establish.
17(2) Establishissuance and renewal requirements, provided
18that a continuing education requirement may be completed by
19electronic means; create.
20(3) Createapplication and renewal forms; create.
21(4) Createlicenses that authorize different instructional
22functions or specialties; develop.
23(5) Developa code of professional rights and
24responsibilities, practices, and ethics, which shall, among
25other things, address the all of the following:
26(a) Thefailure of a practitioner to fulfill contractual
27obligations under section 279.13, the. In addressing the
28failure of a practitioner to fulfill contractual obligations,
29the board shall consider factors beyond the practitioner’s
30control.
31(b) Thefailure of an administrator to protect the safety of
32staff and students, the.
33(c) Thefailure of an administrator to meet mandatory
34reporter obligations, the.
35(d) Therefusal of a practitioner to implement provisions of
-1404-1an individualized education program or behavioral intervention
2plan, and habitual.
3(e) Habitualnonparticipation in professional development;
4and develop.
5(f) The development ofany other classifications,
6distinctions, and procedures which may be necessary to exercise
7licensing duties. In addressing the failure of a practitioner
8to fulfill contractual obligations, the board shall consider
9factors beyond the practitioner’s control.
10 Sec. 2563. Section 272.2, subsections 4 and 24, Code 2023,
11are amended to read as follows:
124. Enforce rules adopted by the board through revocation
13or suspension of a license, or by other disciplinary action
14against a practitioner or professional development program
15licensed by the board of educational examiners. The
16board shall designate who may or shall initiate a licensee
17disciplinary investigation and a licensee disciplinary
18proceeding, and who shall prosecute a disciplinary proceeding
19and under what conditions, and shall state the procedures for
20review by the board of findings of fact if a majority of the
21board does not hear the disciplinary proceeding. However, in a
22case alleging failure of a practitioner to fulfill contractual
23obligations, the person who files a complaint with the board,
24or the complainant’s designee, shall represent the complainant
25in a disciplinary hearing conducted in accordance with this
26chapter part.
2724. By August 1, 2021, adopt rules pursuant to chapter 17A,
28developed in consultation with the department, establishing a
29statement of professional recognition for behavior analysts
30licensed under chapter 154D.
31 Sec. 2564. Section 272.2, subsection 7, Code 2023, is
32amended by striking the subsection.
33 Sec. 2565. Section 272.2, subsection 14, paragraph d, Code
342023, is amended to read as follows:
35d. An applicant for a license or certificate under this
-1405-1chapter part shall demonstrate that the requirements of
2the license or certificate have been met and the burden of
3proof shall be on the applicant. However, if the executive
4director of the board receives notice from the director of the
5department of education under section 256.9, subsection 17,
6that an error in the basic education data survey submission
7resulted in an incorrect determination relating to licensure
8of a practitioner, the executive director shall initiate
9corrective action with the board and the findings of the
10director of the department of education shall be sufficient
11evidence to correct such error.
12 Sec. 2566. Section 272.3, subsection 1, unnumbered
13paragraph 1, Code 2023, is amended to read as follows:
14The board of educational examiners consists of twelve
15members. Two must shall be members of the general public, one
16must shall be the director of the department of education or
17the director’s designee, and the remaining nine members must
18 shall be licensed practitioners. One of the public members
19shall have served on a school board. The public members shall
20never have held a practitioner’s license, but shall have a
21demonstrated interest in education. The nine practitioners
22shall be selected from the following areas and specialties of
23the teaching profession:
24 Sec. 2567. Section 272.3, subsection 2, Code 2023, is
25amended to read as follows:
262. A majority of the licensed practitioner members shall
27be nonadministrative practitioners. Four of the members shall
28be administrators. Membership of the board shall comply with
29the requirements of sections 69.16 and 69.16A. A quorum of
30the board shall consist of six members. Members shall elect a
31chairperson of the board. Members, except for the director of
32the department of education or the director’s designee, shall
33be appointed by the governor subject to confirmation by the
34senate.
35 Sec. 2568. Section 272.4, subsection 1, unnumbered
-1406-1paragraph 1, Code 2023, is amended to read as follows:
2Members, except for the director of the department of
3education or the director’s designee, shall be appointed to
4serve staggered terms of four years. A member shall not serve
5more than two consecutive terms, except for the director of the
6department of education or the director’s designee, who shall
7serve until the director’s term of office expires. A member of
8the board, except for the two public members and the director
9of the department of education or the director’s designee,
10shall hold a valid practitioner’s license during the member’s
11term of office. A vacancy exists when any of the following
12occur:
13 Sec. 2569. Section 272.5, subsection 2, Code 2023, is
14amended to read as follows:
152. The governor director shall appoint an executive
16director of the board of educational examiners subject to
17confirmation by the senate. The executive director shall
18possess a background in education licensure and administrative
19experience and shall serve at the pleasure of the governor.
20The board of educational examiners director shall set the
21salary of the executive director within the range established
22for the position by the general assembly.
23 Sec. 2570. Section 272.9, subsection 1, Code 2023, is
24amended to read as follows:
251. A certificate which was issued by the board of
26educational examiners to a practitioner before July 1, 1989,
27continues to be in force as long as the certificate complies
28with the rules and statutes in effect on July 1, 1989.
29Requirements for the renewal of licenses, under this chapter
30 part, do not apply retroactively to renewal of certificates.
31However, this section does not limit the duties or powers of
32a school board to select or discharge practitioners or to
33terminate practitioners’ contracts.
34 Sec. 2571. Section 272.9A, subsection 3, Code 2023, is
35amended to read as follows:
-1407- 13. An administrator formerly employed by an accredited
2nonpublic school or formerly employed as an administrator in
3another state or country is exempt from the mentoring and
4induction requirement under subsection 1 if the administrator
5can document two years of successful administrator experience
6and meet or exceed the requirements contained in rules adopted
7pursuant to this chapter part for endorsement and licensure.
8However, if an administrator cannot document two years of
9successful administrator experience when hired by a school
10district, the administrator shall meet the requirements of
11subsection 1.
12 Sec. 2572. Section 272.10, subsections 1, 2, and 5, Code
132023, are amended to read as follows:
141. It is the intent of the general assembly that licensing
15fees established by the board of educational examiners be
16sufficient to finance the activities of the board under this
17chapter part.
182. Licensing fees are payable to the treasurer of state and
19shall be deposited with the executive director of the board.
20The executive director shall deposit twenty-five percent of
21the fees collected annually with the treasurer of state and
22the fees shall be credited to the general fund of the state.
23The remaining licensing fees collected during the fiscal year
24shall be retained by and are appropriated to the board for
25the purposes related to the board’s duties. Notwithstanding
26section 8.33, licensing fees retained by and appropriated to
27the board pursuant to this section that remain unencumbered or
28unobligated at the close of the fiscal year shall not revert
29but shall remain available for expenditure for the activities
30of the board as provided in this chapter part until the close
31of the succeeding fiscal year.
325. The fees established by the board for the administrative
33costs of processing complaints and conducting hearings pursuant
34to section 272.2, subsection 23, may include a fee for personal
35service by a sheriff, a fee for legal notice when placed in a
-1408-1newspaper, transcription service or court reporter fee, and
2other fees assessed as costs by the board. The fees collected
3annually in accordance with this subsection shall be retained
4by and are appropriated to the board for the purposes related
5to the board’s duties. Notwithstanding section 8.33, fees
6retained by and appropriated to the board pursuant to this
7subsection that remain unencumbered or unobligated at the close
8of the fiscal year shall not revert but shall remain available
9for expenditure for the activities of the board as provided
10in this chapter part until the close of the succeeding fiscal
11year.
12 Sec. 2573. Section 272.11, Code 2023, is amended to read as
13follows:
14272.11 Expenditures and refunds.
15Expenditures and refunds made by the board under this
16chapter part shall be certified by the executive director of
17the board to the director of the department of administrative
18services, and if found correct, the director of the department
19of administrative services shall approve the expenditures and
20refunds and draw warrants upon the treasurer of state from the
21funds appropriated for that purpose.
22 Sec. 2574. Section 272.12, Code 2023, is amended to read as
23follows:
24272.12 Para-educator certificates.
25The board of educational examiners shall adopt rules
26pursuant to chapter 17A relating to a voluntary certification
27system for para-educators. The rules shall specify rights,
28responsibilities, levels, and qualifications for the
29certificate. Applicants shall be disqualified for any reason
30specified in section 272.2, subsection 14, or in administrative
31rule. Notwithstanding section 272.2, subsection 14, paragraph
32“b”, subparagraph (2), the board may issue a para-educator
33certificate to a person who is at least eighteen years of age.
34A person holding a para-educator certificate shall not perform
35the duties of a licensed practitioner. A certificate issued
-1409-1pursuant to this chapter part shall not be considered a teacher
2or administrator license for any purpose specified by law,
3including the purposes specified under this chapter part or
4chapter 279.
5 Sec. 2575. Section 272.15, subsections 2 and 4, Code 2023,
6are amended to read as follows:
72. If, in the course of performing official duties, an
8employee of the department becomes aware of any alleged
9misconduct by an individual licensed under this chapter part,
10the employee shall report the alleged misconduct to the board
11of educational examiners under rules adopted pursuant to
12subsection 1.
134. If the executive director of the board verifies through
14a review of official records that a teacher who holds a
15practitioner’s license under this chapter part is assigned
16instructional duties for which the teacher does not hold the
17appropriate license or endorsement, either by grade level or
18subject area, by a school district or accredited nonpublic
19school, the executive director may initiate a complaint
20against the teacher and the administrator responsible for the
21inappropriate assignment of instructional duties.
22 Sec. 2576. Section 272.16, subsections 1, 2, and 3, Code
232023, are amended to read as follows:
241. The board of educational examiners shall adopt rules
25pursuant to chapter 17A relating to a certification system
26for work-based learning program supervisors. The rules shall
27specify rights, responsibilities, levels, and qualifications
28for the certificate. The certificate shall not require more
29than fifteen contact hours, which shall be available over
30the internet and which shall provide instruction related to
31fundamentals in career education, curriculum, assessment, and
32the evaluation of student participation.
332. Applicants shall be disqualified for any reason
34specified in section 272.2, subsection 14, or in rules adopted
35by the board of educational examiners.
-1410- 13. A certificate issued pursuant to this section shall
2not be considered a teacher or administrator license for any
3purpose specified by law, including the purposes specified
4under this chapter part or chapter 279.
5 Sec. 2577. Section 272.20, Code 2023, is amended to read as
6follows:
7272.20 National certification.
8The board of educational examiners shall review the
9standards for teacher’s certificates adopted by the national
10board for professional teaching standards, a nonprofit
11corporation created as a result of recommendations of the
12task force on teaching as a profession of the Carnegie
13forum on education and the economy. In those cases in
14which the standards required by the national board for an
15Iowa endorsement or license meet or exceed the requirements
16contained in rules adopted under this chapter part for that
17endorsement or license, the board of educational examiners
18 shall issue endorsements or licenses to holders of certificates
19issued by the national board who request the endorsement or
20license.
21 Sec. 2578. Section 272.28, subsection 2, Code 2023, is
22amended to read as follows:
232. A teacher from an accredited nonpublic school or another
24state or country is exempt from the requirement of subsection 1
25if the teacher can document three years of successful teaching
26experience and meet or exceed the requirements contained in
27rules adopted under this chapter part for endorsement and
28licensure.
29 Sec. 2579. Section 272.29, Code 2023, is amended to read as
30follows:
31272.29 Annual administrative rules review — triennial
32report.
33The executive director of the board shall annually review
34the administrative rules adopted pursuant to this chapter part
35 and related state laws. The executive director shall submit
-1411-1the executive director’s findings and recommendations in a
2report every three years to the board and the general assembly
3by January 15.
4 Sec. 2580. Section 272C.15, subsection 1, Code 2023, is
5amended to read as follows:
61. Notwithstanding any other provision of law to the
7contrary, except for chapter 272 256, subchapter VII, part 3, a
8person’s conviction of a crime may be grounds for the denial,
9revocation, or suspension of a license only if an unreasonable
10risk to public safety exists because the offense directly
11relates to the duties and responsibilities of the profession
12and the appropriate licensing board, agency, or department does
13not grant an exception pursuant to subsection 4.
14 Sec. 2581. Section 273.3, subsections 11 and 25, Code 2023,
15are amended to read as follows:
1611. Employ personnel to carry out the functions of the
17area education agency which shall include the employment of an
18administrator who shall possess a license issued under chapter
19272 256, subchapter VII, part 3. The administrator shall
20be employed pursuant to section 279.20 and sections 279.23,
21279.24, and 279.25. The salary for an area education agency
22administrator shall be established by the board based upon
23the previous experience and education of the administrator.
24Section 279.13 applies to the area education agency board
25and to all teachers employed by the area education agency.
26Sections 279.23, 279.24, and 279.25 apply to the area education
27board and to all administrators employed by the area education
28agency. Section 279.69 applies to the area education agency
29board and employees of the board, including part-time,
30substitute, or contract employees, who provide services to a
31school or school district.
3225. Require, by July 1, 2024, any person employed by
33the area education agency who holds a license, certificate,
34statement of recognition, or authorization other than a
35coaching authorization, issued by the board of educational
-1412-1examiners under chapter 272 256, subchapter VII, part 3, to
2complete the Iowa reading research center dyslexia overview
3module. Such persons employed after July 1, 2024, shall
4complete the module within one year of the employee’s initial
5date of hire.
6 Sec. 2582. Section 279.13, subsection 1, paragraph b,
7subparagraph (1), Code 2023, is amended to read as follows:
8(1) Prior to entering into an initial contract with a
9teacher who holds a license other than an initial license
10issued by the board of educational examiners under chapter 272
11 256, subchapter VII, part 3, the school district shall initiate
12a state criminal history record check of the applicant through
13the division of criminal investigation of the department of
14public safety, submit the applicant’s fingerprints to the
15division for submission to the federal bureau of investigation
16for a national criminal history record check, and review the
17sex offender registry information under section 692A.121
18available to the general public, the central registry for
19child abuse information established under section 235A.14, and
20the central registry for dependent adult abuse information
21established under section 235B.5 for information regarding the
22applicant for employment as a teacher.
23 Sec. 2583. Section 279.19B, subsection 1, paragraph a,
24unnumbered paragraph 1, Code 2023, is amended to read as
25follows:
26The board of directors of a school district may employ for
27head coach of any interscholastic athletic activities or for
28assistant coach of any interscholastic athletic activity, an
29individual who possesses a coaching authorization issued by the
30board of educational examiners or possesses a teaching license
31with a coaching endorsement issued pursuant to chapter 272 256,
32subchapter VII, part 3. However, a board of directors of a
33school district shall consider applicants with qualifications
34described below, in the following order of priority:
35 Sec. 2584. Section 279.50A, subsection 1, paragraph a, Code
-1413-12023, is amended to read as follows:
2a. The school district has made every reasonable and
3good faith effort to employ a teacher licensed under chapter
4272 256, subchapter VII, part 3, for the unit of science or
5mathematics, as applicable, and is unable to employ such a
6teacher. For purposes of this subsection, “good faith effort”
7means the same as defined in section 279.19A, subsection 9.
8 Sec. 2585. Section 279.72, Code 2023, is amended to read as
9follows:
10279.72 Training on dyslexia.
11By July 1, 2024, the board of directors of a school
12district shall require all persons employed by the school
13district who hold a teaching license with an endorsement
14for prekindergarten, prekindergarten or elementary special
15education, or prekindergarten through grade three levels
16issued under chapter 272 256, subchapter VII, part 3, all
17practitioners and paraprofessionals assigned as Title I
18teachers and Title I paraprofessionals under the federal Every
19Student Succeeds Act, Pub.L. No.114-95, and all practitioners
20endorsed to teach English as a second language to complete the
21Iowa reading research center dyslexia overview module. Such
22persons employed by the school district after July 1, 2024,
23shall complete the module within one year of the employee’s
24initial date of hire.
25 Sec. 2586. Section 279.73, subsection 2, Code 2023, is
26amended to read as follows:
272. If the board of directors of the school district or
28a court finds that an employee of the school district who
29holds a license, certificate, statement of recognition, or
30authorization issued by the board of educational examiners
31under chapter 272 256, subchapter VII, part 3, discriminated
32against a student or employee in violation of this section,
33the employee found to be in violation under this section shall
34be subject to a hearing conducted by the board of educational
35examiners pursuant to section 272.2, subsection 14, which may
-1414-1result in disciplinary action and the employee’s employment may
2be terminated.
3 Sec. 2587. Section 284.2, subsections 1, 7, and 11, Code
42023, are amended to read as follows:
51. “Beginning teacher” means an individual serving under
6an initial or intern license, issued under chapter 272 256,
7subchapter VII, part 3, who is assuming a position as a
8teacher. “Beginning teacher” includes an individual who is
9an initial teacher. For purposes of the beginning teacher
10mentoring and induction program created pursuant to section
11284.5, “beginning teacher” also includes preschool teachers
12who are licensed under chapter 272 256, subchapter VII, part
133, and are employed by a school district or area education
14agency. “Beginning teacher” does not include a teacher whose
15employment with a school district or area education agency is
16probationary unless the teacher is serving under an initial or
17teacher intern license issued under chapter 272 256, subchapter
18VII, part 3.
197. “Mentor” means an individual employed by a school
20district or area education agency as a teacher or a retired
21teacher who holds a valid license issued under chapter 272 256,
22subchapter VII, part 3. The individual must have a record of
23three years of successful teaching practice, must be employed
24on a nonprobationary basis, and must demonstrate professional
25commitment to both the improvement of teaching and learning and
26the development of beginning teachers.
2711. “Teacher” means an individual who holds a practitioner’s
28license issued under chapter 272 256, subchapter VII, part
293, or a statement of professional recognition issued under
30chapter 272 256, subchapter VII, part 3, who is employed in
31a nonadministrative position by a school district or area
32education agency pursuant to a contract issued by a board of
33directors under section 279.13. A teacher may be employed in
34both an administrative and a nonadministrative position by a
35board of directors and shall be considered a part-time teacher
-1415-1for the portion of time that the teacher is employed in a
2nonadministrative position.
3 Sec. 2588. Section 284.10, subsection 2, Code 2023, is
4amended to read as follows:
52. An administrator licensed under chapter 272 256,
6subchapter VII, part 3, who conducts evaluations of teachers
7for purposes of this chapter shall complete the evaluator
8training program. A practitioner licensed under chapter 272
9 256, subchapter VII, part 3, who is not an administrator
10may enroll in the evaluator training program. Enrollment
11preference shall be given to administrators. Upon successful
12completion, the provider shall certify that the administrator
13or other practitioner is qualified to conduct evaluations
14for employment, make recommendations for licensure, and make
15recommendations that a teacher is qualified to advance from one
16career path level to the next career path level pursuant to
17this chapter. Certification is for a period of five years and
18may be renewed.
19 Sec. 2589. Section 284.15, subsection 2, paragraph a,
20subparagraph (1), Code 2023, is amended to read as follows:
21(1) The salary for an initial teacher who has successfully
22completed an approved practitioner preparation program as
23defined in section 272.1 or holds an initial or intern teacher
24license issued under chapter 272 256, subchapter VII, part 3,
25 shall be at least thirty-three thousand five hundred dollars,
26which shall also constitute the minimum salary for an Iowa
27teacher.
28 Sec. 2590. Section 284.15, subsection 2, paragraph b,
29unnumbered paragraph 1, Code 2023, is amended to read as
30follows:
31A career teacher is a teacher who holds a statement of
32professional recognition issued under chapter 272 256,
33subchapter VII, part 3, or who meets all of the following
34requirements:
35 Sec. 2591. Section 284.15, subsection 2, paragraph b,
-1416-1subparagraph (2), Code 2023, is amended to read as follows:
2(2) Holds a valid license issued under chapter 272 256,
3subchapter VII, part 3.
4 Sec. 2592. Section 284.15, subsection 2, paragraphs d and e,
5Code 2023, are amended to read as follows:
6d. Mentor teacher. A mentor teacher is a teacher who
7is evaluated by the school district as demonstrating the
8competencies and superior teaching skills of a mentor teacher,
9and has been recommended for a one-year assignment as a mentor
10teacher by a site-based review council appointed pursuant to
11subsection 4. In addition, a mentor teacher shall hold a
12valid license issued under chapter 272 256, subchapter VII,
13part 3, participate in teacher professional development as
14outlined in this chapter, demonstrate continuous improvement in
15teaching, and possess the skills and qualifications to assume
16leadership roles. A mentor teacher shall have a teaching load
17of not more than seventy-five percent student instruction to
18allow the teacher to mentor other teachers. A school district
19shall designate at least ten percent of its teachers as mentor
20teachers, though the district may enter into an agreement with
21one or more other districts or an area education agency to meet
22this requirement through a collaborative arrangement. The
23terms of the teaching contracts issued under section 279.13 to
24mentor teachers shall exceed by ten days the terms of teaching
25contracts issued under section 279.13 to career teachers, and
26the ten additional contract days shall be used to strengthen
27instructional leadership in accordance with this subsection. A
28mentor teacher shall receive annually a salary supplement of
29at least five thousand dollars.
30e. Lead teacher. A lead teacher is a teacher who holds a
31valid license issued under chapter 272 256, subchapter VII,
32part 3, and has been recommended for a one-year assignment
33as a lead teacher by a site-based review council appointed
34pursuant to subsection 4. The recommendation from the council
35must assert that the teacher possesses superior teaching
-1417-1skills and the ability to lead adult learners. A lead
2teacher shall assume leadership roles that may include but
3are not limited to the planning and delivery of professional
4development activities designed to improve instructional
5strategies; the facilitation of an instructional leadership
6team within the lead teacher’s building, school district, or
7other school districts; the mentoring of other teachers; and
8participation in the evaluation of student teachers. A lead
9teacher shall have a teaching load of not more than fifty
10percent student instruction to allow the lead teacher to spend
11time on co-teaching; co-planning; peer reviews; observing
12career teachers, model teachers, and mentor teachers; and other
13duties mutually agreed upon by the superintendent and the lead
14teacher. A school district shall designate at least five
15percent of its teachers as lead teachers, though the district
16may enter into an agreement with one or more other districts
17or an area education agency to meet this requirement through a
18collaborative arrangement. The terms of the teaching contracts
19issued under section 279.13 to lead teachers shall exceed by
20fifteen days the terms of teaching contracts issued under
21section 279.13 to career teachers, and the fifteen additional
22contract days shall be used to strengthen instructional
23leadership in accordance with this subsection. A lead teacher
24shall receive annually a salary supplement of at least ten
25thousand dollars.
26 Sec. 2593. Section 284.16, subsection 1, paragraph a,
27subparagraphs (1) and (2), Code 2023, are amended to read as
28follows:
29(1) Has successfully completed an approved practitioner
30preparation program as defined in section 272.1 or holds an
31intern teacher license issued under chapter 272 256, subchapter
32VII, part 3.
33(2) Holds an initial or intern teacher license issued under
34chapter 272 256, subchapter VII, part 3.
35 Sec. 2594. Section 284.16, subsection 1, paragraph b,
-1418-1unnumbered paragraph 1, Code 2023, is amended to read as
2follows:
3A career teacher is a teacher who holds a statement
4of professional recognition issued under chapter 272
5 256, subchapter VII, part 3, or who meets the following
6requirements:
7 Sec. 2595. Section 284.16, subsection 1, paragraph b,
8subparagraph (3), Code 2023, is amended to read as follows:
9(3) Holds a valid license issued under chapter 272 256,
10subchapter VII, part 3.
11 Sec. 2596. Section 284A.2, subsections 1, 2, and 7, Code
122023, are amended to read as follows:
131. “Administrator” means an individual holding a
14professional administrator license issued under chapter 272
15 256, subchapter VII, part 3, who is employed in a school
16district administrative position by a school district or area
17education agency pursuant to a contract issued by a board of
18directors under section 279.23 and is engaged in instructional
19leadership. An administrator may be employed in both an
20administrative and a nonadministrative position by a board of
21directors and shall be considered a part-time administrator
22for the portion of time that the individual is employed in an
23administrative position.
242. “Beginning administrator” means an individual serving
25under an administrator license, issued by the board of
26educational examiners under chapter 272 256, subchapter VII,
27part 3, who is assuming a position as a school district
28principal or superintendent for the first time.
297. “Mentor” means an individual employed by a school
30district or area education agency as a school district
31administrator or a retired administrator who holds a valid
32license issued under chapter 272 256, subchapter VII, part 3.
33The individual must have a record of four years of successful
34administrative experience and must demonstrate professional
35commitment to both the improvement of teaching and learning and
-1419-1the development of beginning administrators.
2 Sec. 2597. Section 284A.6, subsection 2, Code 2023, is
3amended to read as follows:
42. In cooperation with the administrator’s evaluator, the
5administrator who has a professional administrator license
6issued by the board of educational examiners pursuant to
7chapter 272 256, subchapter VII, part 3, and is employed
8by a school district or area education agency in a school
9district administrative position shall develop an individual
10administrator professional development plan. The purpose
11of the plan is to promote individual and group professional
12development. The individual plan shall be based, at a minimum,
13on the needs of the administrator, the Iowa standards for
14school administrators adopted pursuant to section 256.7,
15subsection 27, and the student achievement goals of the
16attendance center and the school district as outlined in the
17comprehensive school improvement plan.
18 Sec. 2598. Section 284A.7, Code 2023, is amended to read as
19follows:
20284A.7 Evaluation requirements for administrators.
21A school district shall conduct an annual evaluation of an
22administrator who holds a professional administrator license
23issued under chapter 272 256, subchapter VII, part 3, for
24purposes of assisting the administrator in making continuous
25improvement, documenting continued competence in the Iowa
26standards for school administrators adopted pursuant to
27section 256.7, subsection 27, or to determine whether the
28administrator’s practice meets school district expectations.
29The evaluation shall include, at a minimum, an assessment of
30the administrator’s competence in meeting the Iowa standards
31for school administrators and the goals of the administrator’s
32individual professional development plan, including supporting
33documentation or artifacts aligned to the Iowa standards for
34school administrators and the individual administrator’s
35professional development plan.
-1420-1 Sec. 2599. Section 299A.2, Code 2023, is amended to read as
2follows:
3299A.2 Competent private instruction by licensed
4practitioner.
5If a licensed practitioner provides competent instruction
6to a school-age child, the practitioner shall possess a valid
7license or certificate which has been issued by the state board
8of educational examiners under chapter 272 256, subchapter VII,
9part 3, and which is appropriate to the ages and grade levels
10of the children to be taught. Competent private instruction
11may include but is not limited to a home school assistance
12program which provides instruction or instructional supervision
13offered through an accredited nonpublic school or public school
14district by a teacher, who is employed by the accredited
15nonpublic school or public school district, who assists and
16supervises a parent, guardian, or legal custodian in providing
17instruction to a child. If competent private instruction is
18provided through a public school district, the child shall be
19enrolled and included in the basic enrollment of the school
20district as provided in section 257.6. Sections 299A.3 through
21299A.7 do not apply to competent private instruction provided
22by a licensed practitioner under this section. However, the
23reporting requirement contained in section 299A.3, subsection
241, shall apply to competent private instruction provided by
25licensed practitioners that is not part of a home school
26assistance program offered through an accredited nonpublic
27school or public school district.
28 Sec. 2600. Section 622.10, subsection 8, Code 2023, is
29amended to read as follows:
308. A qualified school guidance counselor, who is licensed
31by the board of educational examiners under chapter 272 256,
32subchapter VII, part 3, and who obtains information by reason
33of the counselor’s employment as a qualified school guidance
34counselor, shall not be allowed, in giving testimony, to
35disclose any confidential communications properly entrusted
-1421-1to the counselor by a pupil or the pupil’s parent or guardian
2in the counselor’s capacity as a qualified school guidance
3counselor and necessary and proper to enable the counselor to
4perform the counselor’s duties as a qualified school guidance
5counselor.
6 Sec. 2601. Section 709.15, subsection 1, paragraph g,
7subparagraph (1), subparagraph divisions (a) and (b), Code
82023, are amended to read as follows:
9(a) A person who holds a license, certificate, or statement
10of professional recognition issued under chapter 272 256,
11subchapter VII, part 3.
12(b) A person who holds an authorization issued under chapter
13272 256, subchapter VII, part 3.
14 Sec. 2602. Section 714.19, subsection 4, Code 2023, is
15amended to read as follows:
164. Private and nonprofit elementary or secondary schools
17recognized by the department of education or the board of
18directors of a school district for the purpose of complying
19with chapter 299 and employing teachers licensed under chapter
20272 256, subchapter VII, part 3.
21 Sec. 2603. CODE EDITOR DIRECTIVE.
221. The Code editor is directed to make the following
23transfers:
24a. Section 272.1 to section 256.145.
25b. Section 272.2 to section 256.146.
26c. Section 272.3 to section 256.147.
27d. Section 272.4 to section 256.148.
28e. Section 272.5 to section 256.149.
29f. Section 272.6 to section 256.150.
30g. Section 272.7 to section 256.151.
31h. Section 272.8 to section 256.152.
32i. Section 272.9 to section 256.153.
33j. Section 272.9A to section 256.154.
34k. Section 272.10 to section 256.155.
35l. Section 272.11 to section 256.156.
-1422- 1m. Section 272.12 to section 256.157.
2n. Section 272.13 to section 256.158.
3o. Section 272.14 to section 256.159.
4p. Section 272.15 to section 256.160.
5q. Section 272.16 to section 256.161.
6r. Section 272.20 to section 256.162.
7s. Section 272.28 to section 256.163.
8t. Section 272.29 to section 256.164.
9u. Section 272.31 to section 256.165.
102. The Code editor shall correct internal references in the
11Code and in any enacted legislation as necessary due to the
12enactment of this section.
133. The Code editor may designate sections 256.145 through
14256.165, as enacted in this division of this Act, as new part 3
15entitled “Board of Educational Examiners” within the subchapter
16entitled “Higher Education Division” as enacted by another
17division of this Act.
18 Sec. 2604. TRANSITION PROVISIONS.
191. Any license, certificate, or authorization issued by
20the board of education examiners pursuant to chapter 272 prior
21to the effective date of this division of this Act is valid
22and shall continue as provided in the terms of the license,
23certificate, or authorization.
242. Federal funds utilized by the board of educational
25examiners prior to the effective date of this division of this
26Act to employ personnel necessary for the administration of the
27board of educational examiners’ programs shall be applied to
28and be available for the transfer of such personnel from the
29board of educational examiners to the higher education division
30of the department of education.
31 Sec. 2605. APPLICABILITY. This division of this Act applies
32to individuals appointed as the executive director of the board
33of educational examiners before, on, or after the effective
34date of this division of this Act.
35COLLEGE STUDENT AID COMMISSION
-1423-1 Sec. 2606. Section 8A.504, subsection 1, paragraph d,
2subparagraph (2), Code 2023, is amended to read as follows:
3(2) An amount that is due because of a default on a loan
4under chapter 261 256, subchapter VII, part 4.
5 Sec. 2607. Section 8A.504, subsection 4, Code 2023, is
6amended to read as follows:
74. The director shall have the authority to enter into
8reciprocal agreements with the departments of revenue of other
9states that have enacted legislation that is substantially
10equivalent to the setoff procedure provided in this section for
11the recovery of an amount due because of a default on a loan
12under chapter 261 256, subchapter VII, part 4. A reciprocal
13agreement shall also be approved by the college student aid
14commission. The agreement shall authorize the department to
15provide by rule for the setoff of state income tax refunds
16or rebates of defaulters from states with which Iowa has a
17reciprocal agreement and to provide for sending lists of
18names of Iowa defaulters to the states with which Iowa has
19a reciprocal agreement for setoff of that state’s income tax
20refunds.
21 Sec. 2608. Section 261.1, subsection 1, Code 2023, is
22amended to read as follows:
231. There is hereby created within the higher education
24division of the department a commission to be known as the
25“College Student Aid Commission” of the state of Iowa.
26 Sec. 2609. Section 261.1, subsection 2, paragraphs a and b,
27Code 2023, are amended to read as follows:
28a. A member of the state board of regents to be named by the
29state board of regents, or the executive director of the state
30 board of regents if so appointed by the state board of regents,
31who shall serve for a four-year term or until the expiration
32of the member’s term of office.
33b. The director of the department of education or the
34director’s designee.
35 Sec. 2610. Section 261.1, subsection 4, paragraph a, Code
-1424-12023, is amended to read as follows:
2a. Vacancies on the commission shall be filled for the
3unexpired term of such vacancies, if applicable, in the same
4manner as the original appointment.
5 Sec. 2611. Section 261.1, Code 2023, is amended by adding
6the following new subsection:
7 NEW SUBSECTION. 5. The director shall appoint an executive
8director of the commission. The director shall set the salary
9of the executive director.
10 Sec. 2612. Section 261.2, subsection 2, Code 2023, is
11amended to read as follows:
122. Administer the tuition grant program under this chapter
13 part.
14 Sec. 2613. Section 261.3, Code 2023, is amended to read as
15follows:
16261.3 Organization — bylaws.
171. The commission is an autonomous state agency which is
18attached to the department of education for organizational
19purposes only.
202. 1. The commission, under the authority of the higher
21education division of the department, shall determine its
22own organization, draw up its own bylaws, adopt rules under
23chapter 17A, and do such other things as may be necessary
24and incidental in the administration of this chapter part,
25including the housing, employment, and fixing the compensation
26and bond of persons required to carry out its functions and
27responsibilities. A decision of the commission is final agency
28action under chapter 17A.
293. 2. The commission shall function at the seat of
30government or such other place as it the commission might
31designate.
32 Sec. 2614. Section 261.5, subsection 2, unnumbered
33paragraph 1, Code 2023, is amended to read as follows:
34Notwithstanding any other provision of this chapter part, in
35the event of a national emergency declared by the president of
-1425-1the United States by reason of terrorist attack, the commission
2may waive or modify any statutory or regulatory provision
3applicable to state financial aid programs established pursuant
4to this chapter part to ensure, with regard to affected
5individuals, that the following occurs:
6 Sec. 2615. Section 261.5, subsection 3, Code 2023, is
7amended to read as follows:
83. Notwithstanding any other provision of this chapter
9 part, in the event of a national emergency declared by the
10president of the United States by reason of terrorist attack,
11the commission may grant temporary relief from requirements
12rendered infeasible or unreasonable, including due diligence
13requirements and reporting deadlines, by the national
14emergency, to an institution of higher education under the
15state board of regents, a community college, an accredited
16private institution as defined in section 261.9, eligible
17lenders, and other entities participating in the state student
18assistance programs in accordance with this chapter part, that
19are located in, or whose operations are directly affected
20by, areas that are declared disaster areas by any federal,
21state, or local official in connection with the national
22emergency. If the commission issues a waiver in accordance
23with this section, the report prepared by the commission
24pursuant to section 17A.9A, subsection 5, shall include
25examples of measures that a postsecondary institution may take
26in the appropriate exercise of discretion, as provided in 20
27U.S.C. §1087tt, to adjust financial need and aid eligibility
28determinations for affected individuals.
29 Sec. 2616. Section 261.9, unnumbered paragraph 1, Code
302023, is amended to read as follows:
31When used in this subchapter subpart, unless the context
32otherwise requires:
33 Sec. 2617. Section 261.9, subsection 1, paragraph b, Code
342023, is amended to read as follows:
35b. Is accredited by the higher learning commission, is
-1426-1exempt from taxation under section 501(c)(3) of the Internal
2Revenue Code, and annually provides a matching aggregate amount
3of institutional financial aid equal to at least seventy-five
4percent of the amount received in a fiscal year by the
5institution’s students for Iowa tuition grant assistance under
6this chapter part. Commencing with the fiscal year beginning
7July 1, 2006, the matching aggregate amount of institutional
8financial aid shall increase by the percentage of increase each
9fiscal year of funds appropriated for Iowa tuition grants under
10section 261.25, subsection 1, to a maximum match of one hundred
11percent. The institution shall file annual reports with the
12commission prior to receipt of tuition grant moneys under this
13chapter part. An institution whose income is not exempt from
14taxation under section 501(c) of the Internal Revenue Code and
15whose students were eligible to receive Iowa tuition grant
16money in the fiscal year beginning July 1, 2003, shall meet the
17match requirements of this paragraph no later than June 30,
182005.
19 Sec. 2618. Section 261.9, subsection 8, Code 2023, is
20amended to read as follows:
218. “Tuition grant” means an award by the state of Iowa to a
22qualified student under this subchapter subpart.
23 Sec. 2619. Section 261.15, subsection 2, Code 2023, is
24amended to read as follows:
252. Adopt rules and regulations for determining financial
26need, defining tuition and mandatory fees, defining residence
27for the purposes of this subchapter subpart, processing and
28approving applications for tuition grants, and determining
29priority of grants. The commission may provide for proration
30of funds if the available funds are insufficient to pay all
31approved grants. Such proration shall take primary account of
32the financial need of the applicant. In determining who is a
33resident of Iowa, the commission’s rules shall be at least as
34restrictive as those of the board of regents.
35 Sec. 2620. Section 261.16A, subsection 7, Code 2023, is
-1427-1amended to read as follows:
27. Reports to commission. An eligible institution shall
3file annual reports with the commission, as required by the
4commission and under section 261.9, prior to receipt of tuition
5grant moneys under this chapter part.
6 Sec. 2621. Section 261.17, subsection 5, Code 2023, is
7amended to read as follows:
85. A vocational-technical tuition grant shall be awarded
9on an annual basis, requiring reapplication by the student for
10each year. Payments under the grant shall be allocated equally
11among the semesters or quarters of the year upon certification
12by the institution that the student is in full-time or
13part-time attendance in a vocational-technical or career option
14program, as defined under rules of the department of education.
15If the student discontinues attendance before the end of any
16term after receiving payment of the grant, the entire amount of
17any refund due that student, up to the amount of any payments
18made under the annual grant, shall be paid by the institution
19to the state.
20 Sec. 2622. Section 261.20, subsection 1, Code 2023, is
21amended to read as follows:
221. A scholarship and tuition grant reserve fund is created
23to assure that financial assistance will be available to all
24students who are awarded scholarships or tuition grants through
25programs funded under this chapter part. The fund is created
26as a separate fund in the state treasury, and moneys in the
27fund shall not revert to the general fund unless, and then
28only to the extent that, the funds exceed the maximum allowed
29balance.
30 Sec. 2623. Section 261.35, unnumbered paragraph 1, Code
312023, is amended to read as follows:
32As used in this subchapter subpart, unless the context
33otherwise requires:
34 Sec. 2624. Section 261.36, unnumbered paragraph 1, Code
352023, is amended to read as follows:
-1428- 1The commission shall have necessary powers to carry out its
2purposes and duties under this subchapter subpart, including
3but not limited to the power to:
4 Sec. 2625. Section 261.37, unnumbered paragraph 1, Code
52023, is amended to read as follows:
6The duties of the commission under this subchapter subpart
7 shall be as follows:
8 Sec. 2626. Section 261.37, subsections 5 and 7, Code 2023,
9are amended to read as follows:
105. To adopt rules pursuant to chapter 17A to implement
11the provisions of this subchapter subpart, including
12establishing standards for educational institutions, lenders,
13and individuals to become eligible institutions, lenders, and
14borrowers. Notwithstanding any contrary provisions in chapter
15537, the rules and standards established shall be consistent
16with the requirements provided in the Higher Education Act of
171965.
187. To establish an effective system for the collection of
19delinquent loans, including the adoption of an agreement with
20the department of administrative services to set off against
21a defaulter’s income tax refund or rebate the amount that is
22due because of a default on a loan made under this subchapter
23 subpart. The commission shall adopt rules under chapter 17A
24necessary to assist the department of administrative services
25in the implementation of the student loan setoff program as
26established under section 8A.504. The commission shall apply
27administrative wage garnishment procedures authorized under the
28federal Higher Education Act of 1965, as amended and codified
29in 20 U.S.C. §1071 et seq., for all delinquent loans, including
30loans authorized under section 261.38, when a defaulter who is
31financially capable of paying fails to voluntarily enter into a
32reasonable payment agreement. In no case shall the commission
33garnish more than the amount authorized by federal law for
34all loans being collected by the commission, including those
35authorized under section 261.38.
-1429-1 Sec. 2627. Section 261.42, Code 2023, is amended to read as
2follows:
3261.42 Short title.
4This subchapter subpart shall be known and may be cited as
5the “Iowa Guaranteed Loan Program”.
6 Sec. 2628. Section 261.43A, Code 2023, is amended to read
7as follows:
8261.43A Security interest in education loans.
9A nonprofit organization qualifying for tax-exempt status
10under the Internal Revenue Code, as defined in section 422.3,
11that provides or acquires education loans in the organization’s
12normal course of business shall, notwithstanding any contrary
13provision of chapter 554 or other state law, establish and
14perfect a security interest and establish priority over other
15security interests in such education loans by filing in the
16same manner as provided for perfecting a security interest in
17a student loan pursuant to 20 U.S.C. §1082(m)(1)(E). This
18section applies to education loans provided under this chapter
19 part by such nonprofit organizations and other education loans
20provided by such nonprofit organizations.
21 Sec. 2629. Section 261.87, subsection 1, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23As used in this subchapter subpart, unless the context
24otherwise requires:
25 Sec. 2630. Section 261.102, subsection 7, Code 2023, is
26amended to read as follows:
277. “Program” means the Iowa minority academic grants
28for economic success program established in this subchapter
29 subpart.
30 Sec. 2631. Section 261.110, subsections 1 and 5, Code 2023,
31are amended to read as follows:
321. A teach Iowa scholar program is established to provide
33teach Iowa scholar grants to selected high-caliber teachers.
34The commission shall administer the program in collaboration
35with the department of education.
-1430- 15. The commission, in collaboration with the department
2of education, shall adopt rules pursuant to chapter 17A to
3administer this section. The rules shall include but shall not
4be limited to a process for use by the commission to determine
5which eligible applicants will receive teach Iowa scholar
6grants.
7 Sec. 2632. Section 261.110, subsection 3, paragraph a, Code
82023, is amended to read as follows:
9a. The applicant was in the top twenty-five percent
10academically of students exiting a teacher preparation program
11approved by the state board of education pursuant to section
12256.7, subsection 3, or a similar teacher preparation program
13in another state, or had earned other comparable academic
14credentials.
15 Sec. 2633. Section 261.111, subsection 2, Code 2023, is
16amended to read as follows:
172. The director of the department of education shall
18annually designate the areas in which teacher shortages are
19anticipated. The director shall periodically conduct a survey
20of school districts, accredited nonpublic schools, and approved
21practitioner preparation programs to determine current shortage
22areas and predict future shortage areas.
23 Sec. 2634. Section 261.112, subsections 1 and 2, Code 2023,
24are amended to read as follows:
251. A teacher shortage loan forgiveness program is
26established to be administered by the commission. A teacher
27is eligible for the program if the teacher is practicing in
28a teacher shortage area as designated by the department of
29education pursuant to subsection 2. A person is ineligible
30for this program if the person receives a grant under section
31261.110 or a forgivable loan under section 261.111. For
32purposes of this section, “teacher” means an individual holding
33a practitioner’s license issued under chapter 272 part 3, who
34is employed in a nonadministrative position in a designated
35shortage area by a school district or area education agency
-1431-1pursuant to a contract issued by a board of directors under
2section 279.13.
32. The director of the department of education shall
4annually designate the geographic or subject areas experiencing
5teacher shortages. The director shall periodically conduct a
6survey of school districts, accredited nonpublic schools, and
7approved practitioner preparation programs to determine current
8shortage areas.
9 Sec. 2635. Section 261.130, subsection 2, Code 2023, is
10amended to read as follows:
112. Skilled workforce shortage tuition grants shall be
12awarded only to students pursuing a career-technical or career
13option program in an industry identified as having a shortage
14of skilled workers by a community college after conducting a
15regional skills gap analysis or as being a high-demand job by
16the department of workforce development in the department’s
17 department of workforce development’s most recent list of
18high-demand jobs. If a community college no longer identifies
19the industry as having a shortage of skilled workers or the
20department of workforce development no longer identifies the
21industry as a high-demand job, an eligible student who received
22a grant for a career-technical or career option program based
23on that identification shall continue to receive the grant
24until achieving a postsecondary credential, up to an associate
25degree, as long as the student is continuously enrolled in
26that program and continues to meet all other eligibility
27requirements.
28 Sec. 2636. Section 261.131, subsection 1, paragraph b, Code
292023, is amended to read as follows:
30b. “Approved state-recognized work-based learning program”
31means a structured educational and training program that
32includes authentic worksite training and is approved by the
33department of education according to a process established
34under rules adopted pursuant to section 256.7, subsection 34.
35 Sec. 2637. Section 261.132, subsection 1, paragraph c, Code
-1432-12023, is amended to read as follows:
2c. “Eligible program” means a program of study or an
3academic major jointly approved by the commission and the
4department of workforce development, in consultation with the
5eligible institution, that leads to a bachelor’s degree aligned
6with a high-demand job designated by the workforce development
7board pursuant to section 84A.1B, subsection 14. If the
8department of workforce development removes a high-demand job
9from the list created under section 84A.1B, subsection 14, an
10eligible student who received a grant for a program based on
11that high-demand job shall continue to receive the grant until
12achieving a bachelor’s degree as long as the student continues
13to meet all other eligibility requirements.
14 Sec. 2638. Section 261B.11A, subsection 1, Code 2023, is
15amended to read as follows:
161. Students attending schools required to register under
17this chapter are ineligible for state student financial aid
18programs established under chapter 261 256, subchapter VII,
19part 4.
20 Sec. 2639. Section 261F.1, subsection 5, paragraph e, Code
212023, is amended to read as follows:
22e. State education grants, scholarships, or financial aid
23funds administered under chapter 261 256, subchapter VII, part
244.
25 Sec. 2640. Section 261G.4, subsections 1, 2, and 5, Code
262023, are amended to read as follows:
271. Notwithstanding any other provision of law to the
28contrary, a participating nonresident institution shall not
29be required to register under chapter 261B or to comply with
30the registration and disclosure requirements of chapter 261
31 256, subchapter VII, part 4, or chapter 261B or section 714.17,
32subsections 2 and 3, or sections 714.18, 714.20, 714.21, and
33714.23, or section 714.24, subsections 1, 2, 3, 4, and 5, or
34section 714.25, if the provisions of an interstate reciprocity
35agreement prohibit such registration or compliance.
-1433- 12. Notwithstanding any other provision of law to the
2contrary, a participating resident institution shall be
3required to register under chapter 261B or to comply with the
4registration and disclosure requirements of chapter 261 256,
5subchapter VII, part 4, or chapter 261B or section 714.17,
6subsections 2 and 3, or sections 714.18, 714.20, 714.21, and
7714.23, or section 714.24, subsections 1, 2, 3, 4, and 5, or
8section 714.25, if the provisions of the interstate reciprocity
9agreement require such registration or compliance.
105. Students attending a participating nonresident
11institution are ineligible for state student financial aid
12programs established under chapter 261 256, subchapter VII,
13part 4.
14 Sec. 2641. CODE EDITOR DIRECTIVE.
151. The Code editor is directed to make the following
16transfers:
17a. Section 261.1 to section 256.176.
18b. Section 261.2 to section 256.177.
19c. Section 261.3 to section 256.178.
20d. Section 261.4 to section 256.179.
21e. Section 261.5 to section 256.180.
22f. Section 261.7 to section 256.181.
23g. Section 261.8 to section 256.182.
24h. Section 261.9 to section 256.183.
25i. Section 261.10 to section 256.184.
26j. Section 261.11 to section 256.185.
27k. Section 261.12 to section 256.186.
28l. Section 261.13 to section 256.187.
29m. Section 261.14 to section 256.188.
30n. Section 261.15 to section 256.189.
31o. Section 261.16 to section 256.190.
32p. Section 261.16A to section 256.191.
33q. Section 261.17 to section 256.192.
34r. Section 261.20 to section 256.193.
35s. Section 261.25 to section 256.194.
-1434- 1t. Section 261.35 to section 256.195.
2u. Section 261.36 to section 256.196.
3v. Section 261.37 to section 256.197.
4w. Section 261.38 to section 256.198.
5x. Section 261.42 to section 256.199.
6y. Section 261.43 to section 256.200.
7z. Section 261.43A to section 256.201.
8aa. Section 261.62 to section 256.202.
9ab. Section 261.71 to section 256.203.
10ac. Section 261.72 to section 256.204.
11ad. Section 261.73 to section 256.205.
12ae. Section 261.81 to section 256.206.
13af. Section 261.83 to section 256.207.
14ag. Section 261.84 to section 256.208.
15ah. Section 261.85 to section 256.209.
16ai. Section 261.86 to section 256.210.
17aj. Section 261.86A to section 256.211.
18ak. Section 261.87 to section 256.212.
19al. Section 261.101 to section 256.213.
20am. Section 261.102 to section 256.214.
21an. Section 261.103 to section 256.215.
22ao. Section 261.104 to section 256.216.
23ap. Section 261.105 to section 256.217.
24aq. Section 261.110 to section 256.218.
25ar. Section 261.111 to section 256.219.
26as. Section 261.112 to section 256.220.
27at. Section 261.113 to section 256.221.
28au. Section 261.114 to section 256.222.
29av. Section 261.115 to section 256.223.
30aw. Section 261.116 to section 256.224.
31ax. Section 261.117 to section 256.225.
32ay. Section 261.120 to section 256.226.
33az. Section 261.130 to section 256.227.
34ba. Section 261.131 to section 256.228.
35bb. Section 261.132 to section 256.229.
-1435- 12. The Code editor shall correct internal references in the
2Code and in any enacted legislation as necessary due to the
3enactment of this section.
43. a. The Code editor may designate sections 256.176
5through 256.229, as enacted in this division of this Act, as
6new part 4 entitled “College Student Aid Commission” within the
7subchapter entitled “Higher education division” as enacted by
8another division of this Act.
9b. The Code editor shall designate sections 256.176 through
10256.229 into the following subparts:
11(1) Sections 256.176 through 256.182 shall be designated as
12subpart A and entitled “General Provisions”.
13(2) Sections 256.183 through 256.194 shall be designated as
14subpart B and entitled “Tuition Grants to Students”.
15(3) Sections 256.195 through 256.201 shall be designated as
16subpart C and entitled “Iowa Guaranteed Loan Program”.
17(4) Section 256.202 shall be designated as subpart D and
18entitled “Iowa State Fair Scholarship”.
19(5) Sections 256.203 through 256.205 shall be designated
20as subpart E and entitled “Chiropractic Graduate Student
21Forgivable Loan Program”.
22(6) Sections 256.206 through 256.209 shall be designated as
23subpart F and entitled “Work-Study Program”.
24(7) Sections 256.210 through 256.211 shall be designated as
25subpart G and entitled “National Guard Educational Assistance”.
26(8) Section 256.212 shall be designated as subpart H and
27entitled “All Iowa Opportunity Scholarships”.
28(9) Sections 256.213 through 256.217 shall be designated as
29subpart I and entitled “Minority Academic Grants for Economic
30Success”.
31(10) Sections 256.218 through 256.220 shall be designated
32as subpart J and entitled “Teach Iowa Scholar Grants and
33Teacher Shortage Forgivable Loan and Loan Forgiveness
34Programs”.
35(11) Sections 256.221 through 256.226 shall be designated
-1436-1as subpart K and entitled “Other Loan Repayment and Forgiveness
2Programs — Health Professions”.
3(12) Sections 256.227 through 256.229 shall be designated
4as subpart L and entitled “Skilled Workforce Shortage Tuition
5Grant Program”.
6 Sec. 2642. TRANSITION PROVISIONS.
71. Any scholarship, loan, or grant awarded under a
8program administered by the college student aid commission in
9accordance with chapter 261 prior to the effective date of this
10division of this Act is valid and shall continue as provided in
11the terms of the scholarship, loan, or grant.
122. Federal funds utilized by the college student aid
13commission prior to the effective date of this division of this
14Act to employ personnel necessary for the administration of the
15college student aid commission’s programs shall be applied to
16and be available for the transfer of such personnel from the
17college student aid commission to the higher education division
18of the department of education.
19 Sec. 2643. APPLICABILITY. This division of this Act
20applies to individuals appointed as the executive director of
21the college student aid commission before, on, or after the
22effective date of this division of this Act.
23COMMUNITY COLLEGES BUREAU
24 Sec. 2644. Section 256.9, subsection 36, Code 2023, is
25amended by striking the subsection.
26 Sec. 2645. Section 260C.2, Code 2023, is amended by adding
27the following new subsections:
28 NEW SUBSECTION. 01. “Bureau” means the community colleges
29bureau of the higher education division of the department
30established under section 260C.6.
31 NEW SUBSECTION. 001. “Bureau chief” means the bureau
32chief of the community colleges bureau of the higher education
33division of the department.
34 Sec. 2646. Section 260C.5, Code 2023, is amended to read as
35follows:
-1437- 1260C.5 Duties of director Community colleges bureau — duties
2of bureau chief.
3The director shall appoint the bureau chief, and the bureau
4chief shall direct the work of the personnel as necessary to
5carry out this chapter. The bureau chief shall do all of the
6following:
71. Designate a community college as an “area career and
8technical education school” within the meaning of, and for the
9purpose of administering, the federal Carl D. Perkins Career
10and Technical Education Improvement Act of 2006. A community
11college shall not be so designated by the director for the
12expenditure of funds under 20 U.S.C. §2301 et seq., as amended,
13which has not been designated and classified as a community
14college by the state board.
152. Change boundaries of director districts in a merged area
16when the board fails to change boundaries as required by law.
173. Make changes in boundaries of merged areas with the
18approval of the board of directors of each merged area affected
19by the change. When the boundaries of a merged area are
20changed, the director of the department of education may
21authorize the board of directors of the merged area to levy
22additional taxes upon the property within the merged area, or
23any part of the merged area, and distribute the taxes so that
24all parts of the merged area are paying their share toward the
25support of the college.
264. Administer, allocate, and disburse federal or state
27funds made available to pay a portion of the cost of acquiring
28sites for and constructing, acquiring, or remodeling facilities
29for community colleges, and establish priorities for the use
30of such funds.
315. Administer, allocate, and disburse federal or state
32funds available to pay a portion of the operating costs of
33community colleges.
346. Propose administrative rules to carry out this chapter
35subject to approval of the state board.
-1438- 17. Enter into contracts with local school boards within the
2area that have and maintain a career and technical education
3program and with private schools or colleges in the cooperative
4or merged areas to provide courses or programs of study in
5addition to or as a part of the curriculum made available in
6the community college.
78. Make arrangements with boards of merged areas and local
8school districts to permit students attending high school to
9participate in career and technical education programs and
10advanced college placement courses and obtain credit for such
11participation for application toward the completion of a high
12school diploma. The granting of credit is subject to the
13approval of the director of the department of education.
149. Prescribe a uniform system of accounting for community
15colleges.
1610. Ensure that community colleges that provide
17intercollegiate athletics as a part of their program comply
18with section 216.9.
1911. Develop an application and review process for approval
20of administrative and program sharing agreements between two
21or more community colleges or a community college and an
22institution of higher education under the board of regents
23entered into pursuant to section 260C.46.
24 Sec. 2647. Section 260C.6, Code 2023, is amended to read as
25follows:
26260C.6 Community colleges division in department bureau in
27the higher education division.
28A community colleges division bureau shall be established
29within the higher education division of the department of
30education. The division bureau shall exercise the powers and
31perform the duties conferred by law upon the department with
32respect to community colleges.
33 Sec. 2648. Section 260C.18, subsection 1, Code 2023, is
34amended to read as follows:
351. Federal funds made available and administered by the
-1439-1director of the department of education, for purposes provided
2by federal laws, rules, and regulations.
3 Sec. 2649. Section 260C.46, Code 2023, is amended to read
4as follows:
5260C.46 Program and administrative sharing.
6By September 1, 1990, the The department shall establish
7guidelines and an approval process for program sharing
8agreements and for administrative sharing agreements entered
9into by two or more community colleges or by a community
10college and a higher education institution under the control
11of the board of regents. Guidelines established shall be
12designed to increase student access to programs, enhance
13educational program offerings throughout the state, and enhance
14interinstitutional cooperation in program offerings.
15DIVISION XV
16COMMERCE
17CONSUMER ADVOCATE
18 Sec. 2650. Section 475A.3, subsections 1 and 3, Code 2023,
19are amended to read as follows:
201. Office. The office of consumer advocate shall be a
21separate division of the department of justice and located at
22the same location as the utilities division of the department
23of commerce board. Administrative support services may be
24provided to the consumer advocate division by the department of
25commerce utilities board.
263. Salaries, expenses, and appropriation. The salary of
27the consumer advocate shall be fixed by the attorney general
28within the salary range set by the general assembly. The
29salaries of employees of the consumer advocate shall be at
30rates of compensation consistent with current standards in
31industry. The reimbursement of expenses for the employees and
32the consumer advocate is as provided by law. The appropriation
33for the office of consumer advocate shall be a separate line
34item contained in the appropriation from the department of
35 commerce revolving fund created in section 546.12.
-1440-1 Sec. 2651. Section 475A.4, Code 2023, is amended to read as
2follows:
3475A.4 Utilities division board records.
4The consumer advocate has free access to all the files,
5records, and documents in the office of the utilities division
6 board except:
71. Personal information in confidential personnel records
8of the utilities division board.
92. Records which represent and constitute the work product
10of the general counsel of the utilities board, and records of
11confidential communications between utilities board members and
12their general counsel, where the records relate to a proceeding
13before the board in which the consumer advocate is a party or
14a proceeding in any state or federal court in which both the
15board and the consumer advocate are parties.
163. Customer information of a confidential nature which
17could jeopardize the customer’s competitive status and
18is provided by the utility to the division board. Such
19information shall be provided to the consumer advocate by the
20division board, if the board determines it to be in the public
21interest.
22 Sec. 2652. Section 475A.6, Code 2023, is amended to read as
23follows:
24475A.6 Certification of expenses to utilities division board.
251. a. The consumer advocate shall determine the advocate’s
26expenses, including a reasonable allocation of general office
27expenses, directly attributable to the performance of the
28advocate’s duties involving specific persons subject to direct
29assessment, and shall certify the expenses to the utilities
30division board not less than quarterly. The expenses shall
31then be includable in the expenses of the division board
32 subject to direct assessment under section 476.10.
33b. The consumer advocate shall annually, within ninety
34days after the close of each fiscal year, determine the
35advocate’s expenses, including a reasonable allocation of
-1441-1general office expenses, attributable to the performance of the
2advocate’s duties generally, and shall certify the expenses
3to the utilities division board. The expenses shall then be
4includable in the expenses of the division board subject to
5remainder assessment under section 476.10.
62. The consumer advocate is entitled to notice and
7opportunity to be heard in any utilities board proceeding
8on objection to an assessment for expenses certified by the
9consumer advocate. Expenses assessed under this section shall
10not exceed the amount appropriated for the consumer advocate
11division of the department of justice.
123. The office of consumer advocate may expend additional
13funds, including funds for outside consultants, if those
14additional expenditures are actual expenses which exceed
15the funds budgeted for the performance of the advocate’s
16duties. Before the office expends or encumbers an amount in
17excess of the funds budgeted, the director of the department
18of management shall approve the expenditure or encumbrance.
19Before approval is given, the director of the department of
20management shall determine that the expenses exceed the funds
21budgeted by the general assembly to the office of consumer
22advocate and that the office does not have other funds from
23which such expenses can be paid. Upon approval of the director
24of the department of management, the office may expend and
25encumber funds for excess expenses. The amounts necessary
26to fund the excess expenses shall be collected from those
27utilities or persons which caused the excess expenditures,
28and the collections shall be treated as repayment receipts as
29defined in section 8.2, subsection 8.
30IOWA UTILITIES BOARD
31 Sec. 2653. Section 6A.21, subsection 2, Code 2023, is
32amended to read as follows:
332. The limitation on the definition of public use,
34public purpose, or public improvement does not apply to the
35establishment, relocation, or improvement of a road pursuant
-1442-1to chapter 306, or to the establishment of a railway under the
2supervision of the department of transportation as provided in
3section 327C.2, or to an airport as defined in section 328.1,
4or to land acquired in order to replace or mitigate land used
5in a road project when federal law requires replacement or
6mitigation. This limitation also does not apply to utilities,
7persons, companies, or corporations under the jurisdiction of
8the Iowa utilities board in the department of commerce or to
9any other utility conferred the right by statute to condemn
10private property or to otherwise exercise the power of eminent
11domain, except to the extent such purpose includes construction
12of aboveground merchant lines.
13 Sec. 2654. Section 6B.42, subsection 2, paragraphs b and d,
14Code 2023, are amended to read as follows:
15b. A person aggrieved by a determination made by a utility
16as to eligibility for relocation assistance, a payment, or
17the amount of the payment, upon application, may have the
18matter reviewed by the utilities division of the department of
19commerce board.
20d. A utility or railroad subject to this section that
21proposes to displace a person shall inform the person of the
22person’s right to receive relocation assistance and payments,
23and of an aggrieved person’s right to appeal to the utilities
24division of the department of commerce board or the state
25department of transportation.
26 Sec. 2655. Section 6B.45, subsection 1, Code 2023, is
27amended to read as follows:
281. When any real property or interest in real property
29is to be purchased, or in lieu thereof to be condemned, the
30acquiring agency or its agent shall submit to the person,
31corporation, or entity whose property or interest in the
32property is to be taken, by ordinary mail, at least ten days
33prior to the date upon which the acquiring agency or its agent
34contacts the property owner to commence negotiations, a copy
35of the appraisal in its entirety upon such real property or
-1443-1interest in such real property prepared for the acquiring
2agency or its agent, which shall include, at a minimum, an
3itemization of the appraised value of the real property or
4interest in the property, any buildings on the property, all
5other improvements including fences, severance damages, and
6loss of access. In determining fair market value of property,
7the acquiring agency shall not consider only the assessed value
8assigned to such property for purposes of property taxation.
9The appraisal sent to the condemnee shall be that appraisal
10upon which the condemnor will rely to establish an amount
11which the condemnor believes to be just compensation for the
12real property. All other appraisals made on the property as a
13result of the condemnation proceeding shall be made available
14to the condemnee upon request. In lieu of an appraisal, a
15utility or person under the jurisdiction of the utilities board
16of the department of commerce, or any other utility conferred
17the right by statute to condemn private property, shall provide
18in writing by certified mail to the owner of record thirty
19days prior to negotiations, the methods and factors used in
20arriving at an offered price for voluntary easements including
21the range of cash amount of each component. An acquiring
22agency may obtain a signed written waiver from the landowner to
23allow negotiations to commence prior to the expiration of the
24applicable waiting period for the commencement of negotiations.
25 Sec. 2656. Section 6B.54, subsections 2 and 3, Code 2023,
26are amended to read as follows:
272. Real property shall be appraised as required by section
286B.45 before the initiation of negotiations, and the owner
29or the owner’s designated representative shall be given
30an opportunity to accompany at least one appraiser of the
31acquiring agency during an inspection of the property, except
32that an acquiring agency may prescribe a procedure to waive the
33appraisal in cases involving the acquisition of property with
34a low fair market value. In lieu of an appraisal, a utility
35or person under the jurisdiction of the utilities board of the
-1444-1department of commerce, or any other utility conferred the
2right by statute to condemn private property, shall provide in
3writing by certified mail to the owner of record thirty days
4before negotiations, the methods and factors used in arriving
5at an offered price for voluntary easements including the range
6of cash amount of each component.
73. Before the initiation of negotiations for real property,
8the acquiring agency shall establish an amount which it
9believes to be just compensation for the real property, and
10shall make a prompt offer to acquire the property for the full
11amount established by the agency. In no event shall the amount
12be less than the fair market value the acquiring agency has
13established for the property or property interest pursuant
14to the appraisal required in section 6B.45 or less than the
15value determined under the acquiring agency’s waiver procedure
16established pursuant to subsection 2. A purchase offer made
17by an acquiring agency shall include provisions for payment to
18the owner of expenses, including relocation expenses, expenses
19listed in subsection 10, and other expenses required by law
20to be paid by an acquiring agency to a condemnee. However,
21in the alternative, the acquiring agency may make, and the
22owner may accept, a purchase offer from the acquiring agency
23that is an amount equal to one hundred thirty percent of the
24appraisal amount plus payment to the owner of expenses listed
25in subsection 10, once those expenses have been determined. If
26the owner accepts such a purchase offer, the owner is barred
27from claiming payment from the acquiring agency for any other
28expenses allowed by law. In the case of a utility or person
29under the jurisdiction of the utilities board of the department
30of commerce, or any other utility conferred the right by
31statute to condemn private property, the amount shall not be
32less than the amount indicated by the methods and factors used
33in arriving at an offered price for a voluntary easement. The
34option to make an alternative purchase offer does not apply
35when property is being acquired for street and highway projects
-1445-1undertaken by the state, a county, or a city.
2 Sec. 2657. Section 8C.2, subsection 3, paragraph b, Code
32023, is amended to read as follows:
4b. The utilities division of the department of commerce
5 board.
6 Sec. 2658. Section 12.10, Code 2023, is amended to read as
7follows:
812.10 Deposits by state officers.
9Except as otherwise provided, all elective and appointive
10state officers, boards, commissions, and departments shall,
11within ten days succeeding the collection, deposit with the
12treasurer of state, or to the credit of the treasurer of state
13in any depository designated by the treasurer of state, ninety
14percent of all fees, commissions, and moneys collected or
15received. The balance actually collected in cash, remaining
16in the hands of any officer, board, or department shall not
17exceed the sum of five thousand dollars and money collected
18shall not be held more than thirty days. This section does not
19apply to the state fair board, the state board of regents, the
20utilities board of the department of commerce, the director of
21the department of human services, the Iowa finance authority or
22to the funds received by the state racing and gaming commission
23under sections 99D.7 and 99D.14.
24 Sec. 2659. Section 15H.6, subsection 1, Code 2023, is
25amended to read as follows:
261. The commission, in collaboration with the department of
27natural resources, the department of workforce development,
28and the utilities board of the department of commerce, shall
29establish an Iowa green corps program. The commission shall
30work with the collaborating agencies and nonprofit agencies
31in developing a strategy for attracting additional financial
32resources for the program from other sources which may include
33but are not limited to utilities, private sector, and local,
34state, and federal government funding sources. The financial
35resources received shall be credited to the community programs
-1446-1account created pursuant to section 15H.5.
2 Sec. 2660. Section 22.7, subsection 71, Code 2023, is
3amended to read as follows:
471. Information and records related to cyber security
5information or critical infrastructure, the disclosure of which
6may expose or create vulnerability to critical infrastructure
7systems, held by the utilities board of the department of
8commerce or the department of homeland security and emergency
9management for purposes relating to the safeguarding of
10telecommunications, electric, water, sanitary sewage, storm
11water drainage, energy, hazardous liquid, natural gas, or
12other critical infrastructure systems. For purposes of this
13subsection, “cyber security information” includes but is not
14limited to information relating to cyber security defenses,
15threats, attacks, or general attempts to attack cyber system
16operations.
17 Sec. 2661. Section 313.4, subsection 4, paragraph b, Code
182023, is amended to read as follows:
19b. The costs of serving freeway lighting for each utility
20providing the service shall be determined by the utilities
21division of the department of commerce board, and rates for
22such service shall be no higher than necessary to recover these
23costs. Funds received under the provisions of this subsection
24shall be used solely for the operation and maintenance of a
25freeway lighting system.
26 Sec. 2662. Section 320.4, subsection 1, Code 2023, is
27amended to read as follows:
281. To lay gas mains in highways outside cities to local
29municipal distributing plants or companies, but not to pipeline
30companies. This section shall not apply to or include pipeline
31companies required to obtain a license from the utilities
32division of the department of commerce board.
33 Sec. 2663. Section 357A.19, Code 2023, is amended to read
34as follows:
35357A.19 Not exempt from other requirements.
-1447- 1This chapter does not exempt any district from the
2requirements of any other statute, whether enacted prior to
3or subsequent to July 1, 1970, under which the district is
4required to obtain the permission or approval of, or to notify,
5the department, the utilities division of the department
6of commerce board, or any other agency of this state or of
7any of its political subdivisions prior to proceeding with
8construction, acquisition, operation, enlargement, extension,
9or alteration of any works or facilities which the district is
10authorized to undertake pursuant to this chapter.
11 Sec. 2664. Section 364.3, subsection 13, paragraph b,
12subparagraph (2), Code 2023, is amended to read as follows:
13(2) Paragraph “a” does not apply to an ordinance, motion,
14resolution, or amendment relating to the rates, services, or
15governance of a public utility providing gas service to the
16public for compensation and subject to the jurisdiction of
17the utilities board of the department of commerce pursuant to
18section 476.1B.
19 Sec. 2665. Section 364.23, Code 2023, is amended to read as
20follows:
21364.23 Energy-efficient lighting required.
22All city-owned exterior flood lighting, including but not
23limited to street and security lighting but not including era
24or period lighting which has a minimum efficiency rating of
25fifty-eight lumens per watt and not including stadium or ball
26park lighting, shall be replaced, when worn-out, exclusively
27with high pressure sodium lighting or lighting with equivalent
28or better energy efficiency as approved in rules adopted by the
29utilities board within the utilities division of the department
30of commerce. In lieu of the requirements established for
31replacement lighting under this section, stadium or ball park
32lighting shall be replaced, when worn-out, with the most
33energy-efficient lighting available at the time of replacement
34which may include metal halide, high-pressure sodium, or other
35light sources which may be developed.
-1448-1 Sec. 2666. Section 384.84, subsection 3, paragraph a, Code
22023, is amended to read as follows:
3a. A city utility or enterprise service to a property or
4premises, including services of sewer systems, storm water
5drainage systems, sewage treatment, solid waste collection,
6water, solid waste disposal, or any of these services, may be
7discontinued or disconnected if the account for the service
8becomes delinquent. Gas or electric service provided by a city
9utility or enterprise shall be discontinued or disconnected
10only as provided by section 476.20, subsections 1 through
114, and discontinuance or disconnection of those services
12is subject to rules adopted by the utilities board of the
13department of commerce.
14 Sec. 2667. Section 422.93, Code 2023, is amended to read as
15follows:
16422.93 Public utility accounting method.
17Nothing in this chapter shall be construed to require the
18utilities board of the department of commerce to allow or
19require the use of any particular method of accounting by
20any public utility to compute its tax expense, depreciation
21expense, or operating expense for purposes of establishing its
22cost of service for rate-making purposes and for reflecting
23operating results in its regulated books of account.
24 Sec. 2668. Section 474.1, Code 2023, is amended to read as
25follows:
26474.1 Creation of division and board — organization.
271. A utilities division board is created within the
28department of commerce. The policymaking body for the division
29is the utilities board which is created within the division.
30 The board is composed shall consist of three members appointed
31by the governor and subject to confirmation by the senate, not
32more than two of whom shall be from the same political party.
33Each member appointed shall serve for six-year staggered terms
34beginning and ending as provided by section 69.19. Vacancies
35shall be filled for the unexpired portion of the term in the
-1449-1same manner as full-term appointments are made.
22. a. Subject to confirmation by the senate, the governor
3shall appoint a member as the chairperson of the board. The
4chairperson shall be the administrator of the utilities
5division board. The appointment as chairperson shall be for
6a two-year term which begins and ends as provided in section
769.19.
8b. The board shall appoint a chief operating officer to
9manage the operations of the utilities division as directed
10by the board. The board shall set the salary of the chief
11operating officer within the limits of the pay plan for exempt
12positions provided for in section 8A.413, subsection 3, unless
13otherwise provided by the general assembly. The board may
14employ additional personnel as it finds necessary.
153. The utilities board shall regulate and supervise public
16utilities operating in the state. The board shall enforce and
17implement chapters 476, 476A, 477C, 478, 479, 479A, and 479B
18and shall perform other duties assigned to it by law.
193. 4. As used in this chapter and chapters 475A, 476,
20476A, 477C, 478, 479, 479A, and 479B, “division” “board” and
21“utilities division” “utilities board” mean the Iowa utilities
22division of the department of commerce board.
23 Sec. 2669. Section 476.1, subsection 1, Code 2023, is
24amended to read as follows:
251. The utilities board within the utilities division of the
26department of commerce shall regulate the rates and services of
27public utilities to the extent and in the manner hereinafter
28provided.
29 Sec. 2670. Section 476.1, subsection 2, Code 2023, is
30amended by striking the subsection.
31 Sec. 2671. Section 476.1A, subsection 1, paragraph a, Code
322023, is amended to read as follows:
33a. Assessment of fees for the support of the division
34 board and the office of consumer advocate, pursuant to section
35476.10.
-1450-1 Sec. 2672. Section 476.1B, subsection 1, paragraph a, Code
22023, is amended to read as follows:
3a. Assessment of fees for the support of the division board
4 and the office of consumer advocate, as set forth in section
5476.10.
6 Sec. 2673. Section 476.3, subsection 2, Code 2023, is
7amended to read as follows:
82. If, as a result of a review procedure conducted under
9section 476.31, a review conducted under section 476.32, a
10special audit, an investigation by division board staff, or
11an investigation by the consumer advocate, a petition is
12filed with the board by the consumer advocate, alleging that
13a utility’s rates are excessive, the disputed amount shall be
14specified in the petition. The public utility shall, within
15the time prescribed by the board, file a bond or undertaking
16approved by the board conditioned upon the refund in a manner
17prescribed by the board of amounts collected after the date of
18filing of the petition in excess of rates or charges finally
19determined by the board to be lawful. If upon hearing the
20board finds that the utility’s rates are unlawful, the board
21shall order a refund, with interest, of amounts collected
22after the date of filing of the petition that are determined
23to be in excess of the amounts which would have been collected
24under the rates finally approved. However, the board shall
25not order a refund that is greater than the amount specified
26in the petition, plus interest, and if the board fails to
27render a decision within ten months following the date of
28filing of the petition, the board shall not order a refund of
29any excess amounts that are collected after the expiration of
30that ten-month period and prior to the date the decision is
31rendered.
32 Sec. 2674. Section 476.10, Code 2023, is amended to read as
33follows:
34476.10 Investigations — expense — appropriation.
351. a. In order to carry out the duties imposed upon
-1451-1it by law, the board may, at its discretion, allocate and
2charge directly the expenses attributable to its duties to
3the person bringing a proceeding before the board, to persons
4participating in matters before the board, or to persons
5subject to inspection by the board. The board shall ascertain
6the certified expenses incurred and directly chargeable by
7the consumer advocate division of the department of justice
8in the performance of its duties. The board and the consumer
9advocate separately may decide not to charge expenses to
10persons who, without expanding the scope of the proceeding
11or matter, intervene in good faith in a board proceeding
12initiated by a person subject to the board’s jurisdiction,
13the consumer advocate, or the board on its own motion. For
14assessments in any proceedings or matters before the board, the
15board and the consumer advocate separately may consider the
16financial resources of the person, the impact of assessment on
17participation by intervenors, the nature of the proceeding or
18matter, and the contribution of a person’s participation to the
19public interest. The board may present a bill for expenses
20under this subsection to the person, either at the conclusion
21of a proceeding or matter, or from time to time during its
22progress. Presentation of a bill for expenses under this
23subsection constitutes notice of direct assessment and request
24for payment in accordance with this section.
25b. The board shall ascertain the total of the division’s
26 board’s expenses incurred during each fiscal year in the
27performance of its duties under law. The board shall add to
28the total of the division’s board’s expenses the certified
29expenses of the consumer advocate as provided under section
30475A.6. The board shall deduct all amounts charged directly
31to any person from the total expenses of the board and the
32consumer advocate. The board may assess the amount remaining
33after the deduction to all persons providing service over which
34the board has jurisdiction in proportion to the respective
35gross operating revenues of such persons from intrastate
-1452-1operations during the last calendar year over which the board
2has jurisdiction. For purposes of determining gross operating
3revenues under this section, the board shall not include gross
4receipts received by a cooperative corporation or association
5for wholesale transactions with members of the cooperative
6corporation or association, provided that the members are
7subject to assessment by the board based upon the members’
8gross operating revenues, or provided that such a member is
9an association whose members are subject to assessment by the
10board based upon the members’ gross operating revenues. If
11any portion of the remainder can be identified with a specific
12type of utility service, the board shall assess those expenses
13only to the entities providing that type of service over which
14the board has jurisdiction. The board may make the remainder
15assessments under this paragraph to some or all persons
16providing service over which the board has jurisdiction, based
17upon estimates of the expenditures for the fiscal year for
18the utilities division board and the consumer advocate. Not
19more than ninety days following the close of the fiscal year,
20the utilities division board shall conform the amount of the
21prior fiscal year’s assessments to the requirements of this
22paragraph. For gas and electric public utilities exempted from
23rate regulation pursuant to this chapter, and for providers
24of telecommunications service required to register with the
25board pursuant to section 476.95A that are exempted from rate
26regulation pursuant to this chapter, the remainder assessments
27under this paragraph shall be computed at one-half the rate
28used in computing the assessment for other persons.
292. a. A person subject to a charge or assessment shall
30pay the division board the amount charged or assessed against
31the person within thirty days from the time the division board
32 provides notice to the person of the amount due, unless the
33person files an objection in writing with the board setting out
34the grounds upon which the person claims that such charge or
35assessment is excessive, unreasonable, erroneous, unlawful, or
-1453-1invalid. Upon receipt of an objection, the board shall set the
2matter for hearing and issue its order in accordance with its
3findings in the proceeding.
4b. The order shall be subject to review in the manner
5provided in this chapter. All amounts collected by the
6division board pursuant to the provisions of this section
7shall be deposited with the treasurer of state and credited to
8the department of commerce revolving fund created in section
9546.12. Such amounts shall be spent in accordance with the
10provisions of chapter 8.
113. Whenever the board shall deem it necessary in order
12to carry out the duties imposed upon it in connection with
13rate regulation under section 476.6, investigations under
14section 476.3, or review proceedings under section 476.31,
15the board may employ additional temporary or permanent staff,
16or may contract with persons who are not state employees for
17engineering, accounting, or other professional services, or
18both. The costs of these additional employees and contract
19services shall be paid by the public utility whose rates
20are being reviewed in the same manner as other expenses are
21paid under this section. Beginning on July 1, 1991, there
22is appropriated out of any funds in the state treasury not
23otherwise appropriated, such sums as may be necessary to enable
24the board to hire additional staff and contract for services
25under this section. The board shall increase quarterly
26assessments specified in subsection 1, paragraph “b”, by
27amounts necessary to enable the board to hire additional staff
28and contract for services under this section. The authority to
29hire additional temporary or permanent staff that is granted to
30the board by this section shall not be subject to limitation
31by any administrative or executive order or decision that
32restricts the number of state employees or the filling of
33employee vacancies, and shall not be subject to limitation
34by any law of this state that restricts the number of state
35employees or the filling of employee vacancies unless that
-1454-1law is made applicable to this section by express reference
2to this section. Before the board expends or encumbers an
3amount in excess of the funds budgeted for rate regulation and
4before the board increases quarterly assessments pursuant to
5this subsection, the director of the department of management
6shall approve the expenditure or encumbrance. Before approval
7is given, the director of the department of management shall
8determine that the expenses exceed the funds budgeted by the
9general assembly to the board for rate regulation and that
10the board does not have other funds from which the expenses
11can be paid. Upon approval of the director of the department
12of management the board may expend and encumber funds for
13the excess expenses, and increase quarterly assessments to
14raise the additional funds. The board and the office of
15consumer advocate may add additional personnel or contract
16for additional assistance to review and evaluate energy
17efficiency plans and the implementation of energy efficiency
18programs including, but not limited to, professionally trained
19engineers, accountants, attorneys, skilled examiners and
20inspectors, and secretaries and clerks. The board and the
21office of consumer advocate may also contract for additional
22assistance in the evaluation and implementation of issues
23relating to telecommunication competition. The board and the
24office of the consumer advocate may expend additional sums
25beyond those sums appropriated. However, the authority to add
26additional personnel or contract for additional assistance
27must first be approved by the department of management. The
28additional sums for energy efficiency shall be provided to the
29board and the office of the consumer advocate by the utilities
30subject to the energy efficiency requirements in this chapter.
31Telephone companies shall pay any additional sums needed for
32assistance with telecommunication competition issues. The
33assessments shall be in addition to and separate from the
34quarterly assessment.
354. a. Fees paid to the utilities division board shall be
-1455-1deposited in the department of commerce revolving fund created
2in section 546.12. These funds shall be used for the payment,
3upon appropriation by the general assembly, of the expenses of
4the utilities division board and the consumer advocate division
5of the department of justice.
6b. The administrator and consumer advocate shall account
7for receipts and disbursements according to the separate duties
8imposed upon the utilities board and the consumer advocate
9divisions division by the laws of this state and each separate
10duty shall be fiscally self-sustaining.
11c. All fees and other moneys collected under this section
12and sections 478.4, 479.16, and 479A.9 shall be deposited into
13the department of commerce revolving fund created in section
14546.12 and expenses required to be paid under this section
15shall be paid from funds appropriated for those purposes.
16 Sec. 2675. Section 476.48, subsections 2 and 6, Code 2023,
17are amended to read as follows:
182. Program established.
19a. The utilities division board shall establish and
20administer a small wind innovation zone program to optimize
21local, regional, and state benefits from wind energy and
22to facilitate and expedite interconnection of small wind
23energy systems with electric utilities throughout this state.
24Pursuant to the program, the owner of a small wind energy
25system located within a small wind innovation zone desiring
26to interconnect with an electric utility shall benefit
27from a streamlined application process, may utilize a model
28interconnection agreement, and can qualify under a model
29ordinance.
30b. A political subdivision seeking to be designated a small
31wind innovation zone shall apply to the division board upon a
32form developed by the division board. The division board shall
33approve an application which documents that the applicable
34local government has adopted the model ordinance or is in the
35process of amending an existing zoning ordinance to comply with
-1456-1the model ordinance and that an electric utility operating
2within the political subdivision has agreed to utilize the
3model interconnection agreement to contract with the small wind
4energy system owners who agree to its terms.
56. Reporting requirements. The division board shall prepare
6a report summarizing the number of applications received from
7political subdivisions seeking to be designated a small wind
8innovation zone, the number of applications granted, the number
9of small wind energy systems generating electricity within
10each small wind innovation zone, and the amount of wind energy
11produced, and shall submit the report to the members of the
12general assembly by January 1 annually.
13 Sec. 2676. Section 476.51, subsection 5, Code 2023, is
14amended to read as follows:
155. Civil penalties collected pursuant to this section from
16utilities providing water, electric, or gas service shall
17be forwarded by the chief operating officer of the board to
18the treasurer of state to be credited to the general fund
19of the state and to be used only for the low income home
20energy assistance program and the weatherization assistance
21program administered by the division of community action
22agencies of the department of human rights. Civil penalties
23collected pursuant to this section from utilities providing
24telecommunications service shall be forwarded to the treasurer
25of state to be credited to the department of commerce revolving
26fund created in section 546.12 to be used only for consumer
27education programs administered by the board. Penalties paid
28by a rate-regulated public utility pursuant to this section
29shall be excluded from the utility’s costs when determining
30the utility’s revenue requirement, and shall not be included
31either directly or indirectly in the utility’s rates or charges
32to customers.
33 Sec. 2677. Section 476.63, Code 2023, is amended to read as
34follows:
35476.63 Energy efficiency programs.
-1457- 1The division board shall consult with the economic
2development authority in the development and implementation of
3public utility energy efficiency programs.
4 Sec. 2678. Section 476.87, subsection 3, Code 2023, is
5amended to read as follows:
63. The board shall allocate the costs and expenses
7reasonably attributable to certification and dispute resolution
8in this section to persons identified as parties to such
9proceeding who are engaged in or who seek to engage in
10providing natural gas services or other persons identified as
11participants in such proceeding. The funds received for the
12costs and the expenses of certification and dispute resolution
13shall be remitted to the treasurer of state for deposit in the
14department of commerce revolving fund created in section 546.12
15as provided in section 476.10.
16 Sec. 2679. Section 476.95B, subsection 2, Code 2023, is
17amended to read as follows:
182. In proceedings under 47 U.S.C. §251–254, the board
19shall allocate the costs and expenses of the proceedings to
20persons identified as parties in the proceeding who are engaged
21in or who seek to engage in providing telecommunications
22service or other persons identified as participants in the
23proceeding. The funds received for the costs and the expenses
24shall be remitted to the treasurer of state for deposit in the
25department of commerce revolving fund created in section 546.12
26as provided in section 476.10.
27 Sec. 2680. Section 476.103, subsection 4, paragraph c, Code
282023, is amended to read as follows:
29c. A civil penalty collected pursuant to this subsection
30shall be forwarded by the chief operating officer of the board
31to the treasurer of state to be credited to the department of
32 commerce revolving fund created in section 546.12 and to be
33used only for consumer education programs administered by the
34board.
35 Sec. 2681. Section 476A.1, subsection 2, Code 2023, is
-1458-1amended to read as follows:
22. “Board” means the utilities board within the utilities
3division of the department of commerce.
4 Sec. 2682. Section 476A.10, Code 2023, is amended to read
5as follows:
6476A.10 Costs of proceeding.
7The applicant for a certificate, or an amendment to
8certificate, shall pay all the costs and expenses incurred by
9the division board in reaching a decision on the application
10including the costs of examinations of the site, the hearing,
11publishing of notice, division board staff salaries, the cost
12of consultants employed by the division board, and other
13expenses reasonably attributable to the proceeding.
14 Sec. 2683. Section 476A.14, subsection 1, Code 2023, is
15amended to read as follows:
161. Any person who commences to construct a facility as
17provided in this subchapter without having first obtained a
18certificate, or who constructs, operates, or maintains any
19facility other than in compliance with a certificate issued by
20the board or a certificate amended pursuant to this subchapter,
21or who causes any of these acts to occur, shall be liable
22for a civil penalty of not more than ten thousand dollars
23for each violation or for each day of continuing violation.
24Civil penalties collected pursuant to this subsection shall be
25forwarded by the clerk of court to the treasurer of state for
26deposit in the department of commerce revolving fund created
27in section 546.12.
28 Sec. 2684. Section 476B.1, subsection 1, Code 2023, is
29amended to read as follows:
301. “Board” means the utilities board within the utilities
31division of the department of commerce.
32 Sec. 2685. Section 476C.1, subsection 4, Code 2023, is
33amended to read as follows:
344. “Board” means the utilities board within the utilities
35division of the department of commerce.
-1459-1 Sec. 2686. Section 477A.1, subsection 1, Code 2023, is
2amended to read as follows:
31. “Board” means the utilities board within the utilities
4division of the department of commerce.
5 Sec. 2687. Section 477C.2, subsection 1, Code 2023, is
6amended to read as follows:
71. “Board” means the utilities board within the department
8of commerce created in section 474.1.
9 Sec. 2688. Section 478.1, subsection 1, Code 2023, is
10amended to read as follows:
111. A person shall not construct, erect, maintain, or
12operate a transmission line, wire, or cable that is capable
13of operating at an electric voltage of sixty-nine kilovolts
14or more along, over, or across any public highway or grounds
15outside of cities for the transmission, distribution, or sale
16of electric current without first procuring from the utilities
17board within the utilities division of the department of
18commerce a franchise granting authority as provided in this
19chapter.
20 Sec. 2689. Section 478.4, Code 2023, is amended to read as
21follows:
22478.4 Franchise — hearing.
23The utilities board shall consider the petition and any
24objections filed to it in the manner provided. It shall
25examine the proposed route or cause any engineer selected
26by it to do so. If a hearing is held on the petition it may
27hear testimony as may aid it in determining the propriety of
28granting the franchise. It may grant the franchise in whole or
29in part upon the terms, conditions, and restrictions, and with
30the modifications as to location and route as may seem to it
31just and proper. Before granting the franchise, the utilities
32board shall make a finding that the proposed line or lines are
33necessary to serve a public use and represents a reasonable
34relationship to an overall plan of transmitting electricity in
35the public interest. A franchise shall not become effective
-1460-1until the petitioners shall pay, or file an agreement to pay,
2all costs and expenses of the franchise proceeding, whether
3or not objections are filed, including costs of inspections
4or examinations of the route, hearing, salaries, publishing
5of notice, and any other expenses reasonably attributable to
6it. The funds received for the costs and the expenses of the
7franchise proceeding shall be remitted to the treasurer of
8state for deposit in the department of commerce revolving fund
9created in section 546.12 as provided in section 476.10.
10 Sec. 2690. Section 478A.7, subsection 4, Code 2023, is
11amended to read as follows:
124. Notwithstanding subsection 1, commencing January 1,
131990, a person may sell or offer for sale in this state a
14decorative gas lamp manufactured after December 31, 1978,
15if the utilities board within the utilities division of
16the department of commerce determines, after notice and an
17opportunity for interested persons to comment at an oral
18presentation, that the sale or offer for sale of decorative gas
19lamps does not violate the public interest.
20 Sec. 2691. Section 479.2, subsection 1, Code 2023, is
21amended to read as follows:
221. “Board” means the utilities board within the utilities
23division of the department of commerce.
24 Sec. 2692. Section 479.16, Code 2023, is amended to read as
25follows:
26479.16 Receipt of funds.
27All moneys received under this chapter shall be remitted
28monthly to the treasurer of state and credited to the
29department of commerce revolving fund created in section 546.12
30as provided in section 476.10.
31 Sec. 2693. Section 479A.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. 2694. Section 479A.9, Code 2023, is amended to read as
-1461-1follows:
2479A.9 Deposit of funds.
3Moneys received under this chapter shall be credited to the
4department of commerce revolving fund created in section 546.12
5as provided in section 476.10.
6 Sec. 2695. Section 479B.2, subsection 1, Code 2023, is
7amended to read as follows:
81. “Board” means the utilities board within the utilities
9division of the department of commerce.
10 Sec. 2696. Section 479B.2, subsection 6, Code 2023, is
11amended by striking the subsection.
12 Sec. 2697. Section 479B.12, Code 2023, is amended to read
13as follows:
14479B.12 Use of funds.
15All moneys received under this chapter, other than civil
16penalties collected pursuant to section 479B.21, shall be
17remitted monthly to the treasurer of state and credited to
18the department of commerce revolving fund created in section
19546.12.
20 Sec. 2698. Section 657.1, subsection 2, Code 2023, is
21amended to read as follows:
222. Notwithstanding subsection 1, in an action to abate
23a nuisance against an electric utility, an electric utility
24may assert a defense of comparative fault as set out in
25section 668.3 if the electric utility demonstrates that in
26the course of providing electric services to its customers it
27has complied with engineering and safety standards as adopted
28by the utilities board of the department of commerce, and if
29the electric utility has secured all permits and approvals,
30as required by state law and local ordinances, necessary to
31perform activities alleged to constitute a nuisance.
32 Sec. 2699. Section 714D.2, subsection 9, Code 2023, is
33amended to read as follows:
349. “Unfair practice” means the same as defined in section
35714.16, subsection 1, and also means any failure of a
-1462-1person to comply with the Telecommunications Act or with any
2statute or rule enforced by the utilities board within the
3utilities division of the department of commerce relating to a
4telecommunications service selection or change.
5 Sec. 2700. Section 714D.6, subsection 2, Code 2023, is
6amended to read as follows:
72. A cause of action under this section shall not apply
8unless, prior to filing the action, the consumer has submitted
9a complaint to the utilities board within the utilities
10division of the department of commerce, the utilities board has
11failed to resolve the complaint to the consumer’s satisfaction
12within one hundred twenty days of the date the complaint was
13submitted, and the consumer dismisses the complaint before the
14utilities board. The requirement that a consumer complaint be
15submitted to the utilities board and resolved by the utilities
16board to the consumer’s satisfaction within one hundred twenty
17days of filing before the consumer may file an action pursuant
18to this section shall not apply to an action by the attorney
19general to recover moneys for the consumer pursuant to section
20714D.7 or any other law. A finding by the utilities board
21that a respondent has complied with rules governing carrier
22selection procedures adopted by the utilities board shall be
23an affirmative defense to any claim brought under this section
24or section 476.103 or 714D.7 that an unauthorized change in
25service has occurred.
26 Sec. 2701. Section 714D.7, subsection 4, Code 2023, is
27amended to read as follows:
284. The attorney general shall not file a civil enforcement
29action under this chapter or under section 714.16 against a
30person for an act which is the subject of an administrative
31proceeding to impose a civil penalty which has been initiated
32against the person by the utilities board within the utilities
33division of the department of commerce. This subsection shall
34not be construed to limit the authority of the attorney general
35to file a civil enforcement or other enforcement action against
-1463-1a person for violating a prior agreement entered into by the
2person with the attorney general or a court order obtained
3by the attorney general against the person. This subsection
4shall not be construed to limit the authority of the attorney
5general to file a civil enforcement or other enforcement action
6against the person for acts which are not the subject of an
7administrative proceeding which has been initiated against the
8person by the utilities board.
9 Sec. 2702. REPEAL. Section 546.7, Code 2023, is repealed.
10DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
11 Sec. 2703. Section 7E.5, subsection 1, paragraph f, Code
122023, is amended to read as follows:
13f. The department of commerce insurance and financial
14services, created in section 546.2, which has primary
15responsibility for business and professional regulatory,
16service, and licensing insurance and financial services
17 functions.
18 Sec. 2704. Section 7E.5, subsection 2, paragraph a, Code
192023, is amended to read as follows:
20a. There is a civil rights commission, a public employment
21relations board, an interstate cooperation commission, an Iowa
22ethics and campaign disclosure board, an Iowa utilities board,
23 and an Iowa law enforcement academy.
24 Sec. 2705. Section 8A.412, subsections 18 and 19, Code 2023,
25are amended to read as follows:
2618. The administrator and the deputy administrator
27 superintendent and deputy superintendent of the credit union
28division of the department of commerce insurance and financial
29services, all members of the credit union review board, and all
30employees of the credit union division.
3119. The superintendent of the banking division of the
32department of commerce insurance and financial services, all
33members of the state banking council, and all employees of
34the banking division except for employees of the professional
35licensing and regulation bureau of the division.
-1464-1 Sec. 2706. Section 8A.438, subsection 1, Code 2023, is
2amended to read as follows:
31. The director may establish a tax-sheltered investment
4program for eligible employees. The director may arrange for
5the provision of investment vehicles authorized under section
6403(b) of the Internal Revenue Code, as defined in section
7422.3. The tax-sheltered investment program shall include
8investment vehicles authorized under section 403(b) of the
9Internal Revenue Code provided by any insurance company or
10investment company that is recommended for inclusion in the
11program by a person licensed as an insurance producer under
12chapter 522B, or registered as a securities agent or investment
13adviser representative under chapter 502, by the insurance
14division of the department of commerce insurance and financial
15services. The director shall require each insurance company
16and investment company included in the program to utilize the
17third party administrator selected by the department and a
18common remitter, and shall limit the total number of insurance
19companies and investment companies in the program to no more
20than thirty. To be eligible for inclusion in the program, an
21insurance company shall have filed with, and had the company’s
22contract and forms approved by, the insurance division of the
23department of commerce insurance and financial services, and
24an investment company shall be registered with the federal
25securities and exchange commission. The department may
26offer the tax-sheltered investment program to eligible public
27employers in the state of Iowa.
28 Sec. 2707. Section 8E.103, subsection 1, paragraph b, Code
292023, is amended to read as follows:
30b. Each division within the department of commerce insurance
31and financial services is considered an agency, and each bureau
32within a division of the department of commerce insurance and
33financial services is considered a division, as otherwise
34provided in chapter 7E.
35 Sec. 2708. Section 8F.2, subsection 8, paragraph b,
-1465-1subparagraph (3), Code 2023, is amended to read as follows:
2(3) A contract concerning an entity that has contracted
3with the state and is licensed and regulated by the insurance
4division of the department of commerce insurance and financial
5services.
6 Sec. 2709. Section 11.5B, subsection 1, Code 2023, is
7amended to read as follows:
81. Department of commerce insurance and financial services.
9 Sec. 2710. Section 11.6, subsection 1, paragraph c,
10subparagraph (6), Code 2023, is amended to read as follows:
11(6) A joint investment trust organized pursuant to chapter
1228E shall file the audit reports required by this chapter with
13the administrator of the securities and regulated industries
14bureau of the insurance division of the department of commerce
15 insurance and financial services within ten days of receipt
16from the auditor. The auditor of a joint investment trust
17shall provide written notice to the administrator of the time
18of delivery of the reports to the joint investment trust.
19 Sec. 2711. Section 15E.17, subsection 4, Code 2023, is
20amended to read as follows:
214. Subsections 2 and 3 do not apply to the following:
22a. The utilities division of the department of commerce
23 board insofar as the information relates to public utilities.
24b. The banking division of the department of commerce
25 insurance and financial services.
26c. The credit union division of the department of commerce
27 insurance and financial services.
28 Sec. 2712. Section 16.45, subsection 5, Code 2023, is
29amended to read as follows:
305. For purposes of this section, “financial institutions”
31means the same as defined in section 12C.1, “lender” means a
32lender as defined in section 537.1301 that is licensed by the
33banking division of the department of commerce insurance and
34financial services, and “manufactured home” or “manufactured
35housing” means the same as the definition of manufactured home
-1466-1in section 435.1.
2 Sec. 2713. Section 16.91, subsection 3, Code 2023, is
3amended to read as follows:
43. With the approval of the authority board the division
5and its board shall consult with the insurance division of
6the department of commerce insurance and financial services
7 in developing a guaranty contract acceptable to the secondary
8market and developing any other feature of the program with
9which the insurance division may have special expertise.
10Except as provided in this subsection, the Iowa title guaranty
11program is not subject to the jurisdiction of or regulation by
12the insurance division or the commissioner of insurance.
13 Sec. 2714. Section 20.4, subsections 10 and 11, Code 2023,
14are amended to read as follows:
1510. Persons employed by the credit union division of the
16department of commerce insurance and financial services.
1711. Persons employed by the banking division of the
18department of commerce insurance and financial services.
19 Sec. 2715. Section 68B.2, subsection 23, Code 2023, is
20amended to read as follows:
2123. “Regulatory agency” means the department of agriculture
22and land stewardship, department of workforce development,
23department of commerce insurance and financial services,
24Iowa department of public health, department of public
25safety, department of education, state board of regents,
26department of human services, department of revenue, department
27of inspections and appeals, department of administrative
28services, public employment relations board, state department
29of transportation, civil rights commission, department of
30public defense, department of homeland security and emergency
31management, Iowa ethics and campaign disclosure board,
32utilities board, and department of natural resources.
33 Sec. 2716. Section 85.70, subsection 2, paragraph f, Code
342023, is amended to read as follows:
35f. Beginning on or before December 1, 2018, the department
-1467-1of workforce development, in cooperation with the department of
2education, the insurance division of the department of commerce
3 insurance and financial services, and all community colleges
4that are participating in the new career vocational training
5and education program, shall prepare an annual report for
6submission to the general assembly that provides information
7about the status of the program including but not limited to
8the utilization of and participants in the program, program
9completion rates, employment rates after completion of the
10program and the types of employment obtained by the program
11participants, and the effects of the program on workers’
12compensation premium rates.
13 Sec. 2717. Section 87.11, subsection 2, Code 2023, is
14amended to read as follows:
152. An employer seeking relief from the insurance
16requirements of this chapter shall pay to the insurance
17division of the department of commerce insurance and financial
18services the following fees:
19a. A fee of one hundred dollars, to be submitted annually
20along with an application for relief.
21b. A fee of one hundred dollars for issuance of the
22certificate relieving the employer from the insurance
23requirements of this chapter.
24c. A fee of fifty dollars, to be submitted with each filing
25required by the commissioner of insurance, including but not
26limited to the annual and quarterly financial statements, and
27material change statements.
28 Sec. 2718. Section 97B.49B, subsection 1, paragraph e,
29subparagraph (13), Code 2023, is amended to read as follows:
30(13) An employee of the insurance division of the department
31of commerce insurance and financial services who as a condition
32of employment is required to be certified by the Iowa law
33enforcement academy and who is required to perform the duties
34of a peace officer as provided in section 507E.8.
35 Sec. 2719. Section 100A.1, subsection 1, paragraph j, Code
-1468-12023, is amended to read as follows:
2j. The fraud bureau within the insurance division of the
3department of commerce insurance and financial services.
4 Sec. 2720. Section 256.35A, subsection 2, paragraph b, Code
52023, is amended to read as follows:
6b. In addition, representatives of the department of
7education, the division of vocational rehabilitation of the
8department of education, the department of public health,
9the department of human services, the Iowa developmental
10disabilities council, the division of insurance of the
11department of commerce insurance and financial services, and
12the state board of regents shall serve as ex officio members
13of the advisory council. Ex officio members shall work
14together in a collaborative manner to serve as a resource to
15the advisory council. The council may also form workgroups
16as necessary to address specific issues within the technical
17purview of individual members.
18 Sec. 2721. Section 502.102, subsection 27A, Code 2023, is
19amended to read as follows:
2027A. “Securities and regulated industries bureau” means the
21securities and regulated industries bureau of the insurance
22division of the department of commerce insurance and financial
23services.
24 Sec. 2722. Section 502.321A, subsection 8, paragraph b,
25subparagraph (3), Code 2023, is amended to read as follows:
26(3) An offer in which the target company is an insurance
27company or insurance holding company subject to regulation
28by the commissioner of insurance, a financial institution
29subject to regulation by the superintendent of banking or the
30superintendent of savings and loan associations, or a public
31utility subject to regulation by the utilities division of the
32department of commerce board.
33 Sec. 2723. Section 502.601, subsection 1, Code 2023, is
34amended to read as follows:
351. Administration. This chapter shall be administered by
-1469-1the commissioner of insurance of this state. The administrator
2shall appoint a deputy administrator who shall be exempt from
3the merit system provisions of chapter 8A, subchapter IV. The
4deputy administrator is the principal operations officer of the
5securities and regulated industries bureau of the insurance
6division of the department of commerce insurance and financial
7services. The deputy administrator is responsible to the
8administrator for the routine administration of this chapter
9and the management of the securities and regulated industries
10bureau. In the absence of the administrator, whether because
11of vacancy in the office, by reason of absence, physical
12disability, or other cause, the deputy administrator shall be
13the acting administrator and shall, for that period, have and
14exercise the authority conferred upon the administrator. The
15administrator may by order delegate to the deputy administrator
16any or all of the functions assigned to the administrator
17under this chapter. The administrator shall employ officers,
18attorneys, accountants, and other employees as needed for the
19administration of this chapter.
20 Sec. 2724. Section 502A.1, subsection 1, Code 2023, is
21amended to read as follows:
221. “Administrator” means the administrator of the securities
23and regulated industries bureau of the insurance division of
24the department of commerce insurance and financial services.
25 Sec. 2725. Section 502A.15, subsection 1, Code 2023, is
26amended to read as follows:
271. This chapter shall be administered by the administrator
28of the securities and regulated industries bureau of the
29insurance division of the department of commerce insurance and
30financial services.
31 Sec. 2726. Section 505.1, Code 2023, is amended to read as
32follows:
33505.1 Insurance division created.
34An insurance division is created within the department
35of commerce insurance and financial services to regulate and
-1470-1supervise the conducting of the business of insurance in the
2state. The commissioner of insurance is the chief executive
3officer of the division. As used in this subtitle and chapter
4502, “division” means the insurance division.
5 Sec. 2727. Section 505.2, Code 2023, is amended to read as
6follows:
7505.2 Appointment and term of commissioner.
81. The governor shall appoint subject to confirmation
9by the senate, a commissioner of insurance, who shall be
10selected solely with regard to qualifications and fitness to
11discharge the duties of this position, devote the entire time
12to such duties, and serve for four years beginning and ending
13as provided by section 69.19. The governor may remove the
14commissioner for malfeasance in office, or for any cause that
15renders the commissioner ineligible, incapable, or unfit to
16discharge the duties of the office.
172. A vacancy in the office of the commissioner shall be
18filled for the unexpired portion of the regular term.
193. The commissioner of insurance shall also serve as the
20director of the department of insurance and financial services
21pursuant to section 546.2.
22 Sec. 2728. Section 505.5, Code 2023, is amended to read as
23follows:
24505.5 Expenses — salary.
25The commissioner shall be entitled to reimbursement of
26actual necessary expenses in attending meetings of insurance
27commissioners of other states, and in the performance of the
28duties of the office. The commissioner’s salary shall be as
29fixed by the general assembly.
30 Sec. 2729. Section 505.7, subsections 1 and 3, Code 2023,
31are amended to read as follows:
321. All fees and charges which are required by law to be
33paid by insurance companies, associations, and other regulated
34entities shall be payable to the commissioner of the insurance
35division of the department of commerce insurance and financial
-1471-1services or department of revenue, as provided by law, whose
2duty it shall be to account for and pay over the same to the
3treasurer of state at the time and in the manner provided by
4law for deposit in the department of commerce revolving fund
5created in section 546.12.
63. Forty percent of the nonexamination revenues payable
7to the division of insurance or the department of revenue in
8connection with the regulation of insurance companies or other
9entities subject to the regulatory jurisdiction of the division
10shall be deposited in the department of commerce revolving
11fund created in section 546.12 and shall be subject to annual
12appropriation to the division for its operations and is also
13subject to expenditure under subsection 6. The remaining
14nonexamination revenues payable to the division of insurance
15or the department of revenue shall be deposited in the general
16fund of the state.
17 Sec. 2730. Section 507.1, subsection 2, paragraph c, Code
182023, is amended to read as follows:
19c. “Division” means the division of insurance of the
20department of commerce insurance and financial services.
21 Sec. 2731. Section 507E.8, Code 2023, is amended to read as
22follows:
23507E.8 Law enforcement authority.
241. An individual employed by the division and designated as
25a peace officer shall be considered a law enforcement officer
26as that term is defined in section 80B.3, and shall exercise
27the powers of a law enforcement officer as follows:
28a. For purposes of an arrest resulting from a criminal
29violation of any provision of the Code subject to the
30jurisdiction of the commissioner established as a result of an
31investigation pursuant to this chapter or chapter 502, 502A,
32507A, 523A, 523C, 523D, or 523I.
33b. While conducting an investigation or engaged in an
34assignment authorized by this chapter or ordered by the
35commissioner chapter 502, 502A, 507A, 523A, 523C, 523D, or
-1472-1523I.
2c. To protect life if a public offense is committed in the
3presence of the peace officer.
4d. While providing assistance to a law enforcement agency or
5another law enforcement officer.
6e. While providing assistance at the request of a member of
7the public.
82. Laws applicable to an arrest of an individual by a law
9enforcement officer of the state shall apply to an individual
10employed by the division and designated as a peace officer. An
11individual employed by the division and designated as a peace
12officer shall have the power to execute arrest warrants and
13search warrants, serve subpoenas issued for the examination,
14investigation, and trial of all offenses identified through the
15course of an investigation conducted pursuant to this section,
16and arrest upon probable cause without warrant a person found
17in the act of committing a violation of this chapter or a law
18of this state.
19 Sec. 2732. Section 514H.2, subsection 2, Code 2023, is
20amended to read as follows:
212. The insurance division of the department of commerce
22 insurance and financial services shall administer the program
23in cooperation with the division responsible for medical
24services within the department of human services. Each
25agency shall take all necessary actions, including filing an
26appropriate medical assistance state plan amendment to the
27state Medicaid plan to take full advantage of the benefits and
28features of the Deficit Reduction Act of 2005.
29 Sec. 2733. Section 514H.9, Code 2023, is amended to read as
30follows:
31514H.9 Rules.
32The insurance division of the department of commerce
33 insurance and financial services in cooperation with the
34department of human services shall adopt rules pursuant to
35chapter 17A as necessary to administer this chapter.
-1473-1 Sec. 2734. Section 514I.2, subsection 9, paragraph a, Code
22023, is amended to read as follows:
3a. An entity licensed by the division of insurance of the
4department of commerce insurance and financial services to
5provide health insurance in Iowa that has contracted with the
6department to provide health insurance coverage to eligible
7children under this chapter.
8 Sec. 2735. Section 515A.6, subsection 7, paragraph a, Code
92023, is amended to read as follows:
10a. The commissioner shall provide notice of the filing of
11the proposed rates at least thirty days before the effective
12date of the proposed rates by publishing a notice on the
13internet site of the insurance division of the department of
14commerce insurance and financial services.
15 Sec. 2736. Section 521H.6, subsection 1, Code 2023, is
16amended to read as follows:
171. Documents, materials, or other information, including
18a corporate governance annual disclosure, in the possession
19or control of the insurance division of the department of
20commerce insurance and financial services, that is obtained
21by, created by, or disclosed to the commissioner or to any
22other person pursuant to this chapter, is recognized in this
23state as being proprietary and containing trade secrets. All
24such documents, materials, or other information, including the
25disclosure, shall be confidential and privileged, shall not be
26subject to chapter 22, shall be considered confidential under
27chapter 507, shall not be subject to subpoena, and shall not be
28subject to discovery or admissible in evidence in any private
29civil action. However, the commissioner is authorized to use
30such documents, materials, or other information, including
31the disclosure, in the furtherance of any regulatory or legal
32action brought as a part of the commissioner’s official duties.
33The commissioner shall not otherwise make the documents,
34materials, or other information, including the disclosure,
35public without the prior written consent of the insurer or
-1474-1insurance group that provided the documents, materials, or
2other information, including the disclosure. Nothing in this
3section shall be construed to require written consent of
4the insurer or insurance group before the commissioner may
5share or receive confidential documents, materials, or other
6information related to governance of an insurer or insurance
7group pursuant to subsection 3 to assist in the performance of
8the commissioner’s regular duties.
9 Sec. 2737. Section 522.8, subsection 1, Code 2023, is
10amended to read as follows:
111. Documents, materials, or other information, including
12an own risk and solvency assessment summary report, in
13the possession or control of the insurance division of the
14department of commerce insurance and financial services, that
15are obtained by, created by, or disclosed to the commissioner
16or to any other person pursuant to this chapter, are recognized
17in this state as being proprietary and containing trade
18secrets. All such documents, materials, or other information,
19including the summary report, shall be confidential and
20privileged, shall not be subject to chapter 22, shall not be
21subject to subpoena, and shall not be subject to discovery
22or admissible in evidence in any private civil action.
23However, the commissioner is authorized to use such documents,
24materials, or other information, including the summary report,
25in the furtherance of any regulatory or legal action brought as
26a part of the commissioner’s official duties. The commissioner
27shall not otherwise make the documents, materials, or other
28information, including the summary report, public without
29the prior written consent of the insurer that provided the
30documents, materials, or other information, including the
31summary report.
32 Sec. 2738. Section 523A.807, subsection 4, Code 2023, is
33amended to read as follows:
344. The commissioner shall post on the internet site of the
35division of insurance of the department of commerce insurance
-1475-1and financial services a list of all persons licensed under
2this chapter and an index of orders issued by the commissioner
3pertaining to such persons.
4 Sec. 2739. Section 524.201, Code 2023, is amended to read
5as follows:
6524.201 Superintendent of banking.
71. The governor shall appoint, subject to confirmation by
8the senate, a superintendent of banking. The appointee shall
9be selected solely with regard to qualification and fitness
10to discharge the duties of office, and a person shall not be
11appointed who has not had at least five years’ experience as an
12executive officer in a bank. The superintendent shall serve at
13the pleasure of the governor.
142. The superintendent shall have an office at the seat
15of government. The regular term of office shall be four
16years beginning and ending as provided by section 69.19 The
17superintendent shall receive a salary set by the governor
18within a range established by the general assembly.
19 Sec. 2740. Section 524.206, Code 2023, is amended to read
20as follows:
21524.206 Banking division created.
22The banking division is created within the department of
23commerce insurance and financial services.
24 Sec. 2741. Section 524.207, subsections 1, 2, 5, and 6, Code
252023, are amended to read as follows:
261. Except as otherwise provided by statute, all expenses
27required in the discharge of the duties and responsibilities
28imposed upon the banking division of the department of commerce
29 insurance and financial services, the superintendent, and the
30state banking council by the laws of this state shall be paid
31from fees provided by the laws of this state and appropriated
32by the general assembly from the department of commerce
33revolving fund created in section 546.12. All of these
34fees are payable to the superintendent. The superintendent
35shall pay all the fees and other moneys received by the
-1476-1superintendent to the treasurer of state within the time
2required by section 12.10 and the fees and other moneys shall
3be deposited into the department of commerce revolving fund
4created in section 546.12.
52. All fees and assessments generated as the result of a
6national bank or federal savings association converting to a
7state bank on or after December 31, 2015, and thereafter, are
8payable to the superintendent. The superintendent shall pay
9all the fees and assessments received by the superintendent
10pursuant to this subsection to the treasurer of state within
11the time required by section 12.10 and the fees and assessments
12shall be deposited into the department of commerce revolving
13fund created in section 546.12. An amount equal to such fees
14and assessments deposited into the department of commerce
15revolving fund is appropriated from the department of commerce
16revolving fund to the banking division of the department of
17commerce insurance and financial services for the fiscal
18year in which a national bank or federal savings association
19converted to a state bank and an amount equal to such
20annualized fees and assessments deposited into the department
21of commerce revolving fund in succeeding years is appropriated
22from the department of commerce revolving fund to the banking
23division of the department of commerce insurance and financial
24services for succeeding fiscal years for purposes related to
25the discharge of the duties and responsibilities imposed upon
26the banking division of the department of commerce insurance
27and financial services, the superintendent, and the state
28banking council by the laws of this state. This appropriation
29shall be in addition to the appropriation of moneys otherwise
30described in this section. If a state bank converts to a
31national bank or federal savings association, any appropriation
32made pursuant to this subsection for the following fiscal
33year shall be reduced by the amount of the assessment paid by
34the state bank during the fiscal year in which the state bank
35converted to a national bank or federal savings association.
-1477- 15. All fees and moneys collected shall be deposited into the
2department of commerce revolving fund created in section 546.12
3and expenses required to be paid under this section shall be
4paid from moneys in the department of commerce revolving fund
5and appropriated for those purposes.
66. All moneys received by the superintendent pursuant to a
7multi-state settlement with a provider of financial services
8such as a mortgage lender, a mortgage servicer, or any other
9person regulated by the banking division of the department of
10commerce insurance and financial services shall be deposited
11into the department of commerce revolving fund created in
12section 546.12 and an amount equal to the amount deposited
13into the fund is appropriated to the banking division of the
14department of commerce insurance and financial services for the
15fiscal year in which such moneys are received and in succeeding
16fiscal years for the purpose of promoting financial-related
17education and supporting those duties of the banking
18division related to financial regulation that are limited to
19nonrecurring expenses such as equipment purchases, training,
20technology, and retirement payouts related to the oversight of
21mortgage lending, state banks, and other financial services
22regulated by the banking division. This appropriation shall be
23in addition to the appropriation of moneys otherwise described
24in this section. The superintendent shall submit a report to
25the department of management and to the legislative services
26agency detailing the expenditure of moneys appropriated to the
27banking division pursuant to this subsection during each fiscal
28year. The initial report shall be submitted on or before
29September 15, 2016, and each September 15 thereafter. Moneys
30appropriated pursuant to this subsection are not subject to
31section 8.33 and shall not be transferred, used, obligated,
32appropriated, or otherwise encumbered except as provided in
33this subsection.
34 Sec. 2742. Section 527.2, subsection 2, Code 2023, is
35amended to read as follows:
-1478- 12. “Administrator” means and includes the superintendent
2of banking and the superintendent of credit unions within
3the department of commerce insurance and financial services
4 and the supervisor of industrial loan companies within the
5office of the superintendent of banking. However, the powers
6of administration and enforcement of this chapter shall be
7exercised only as provided in sections 527.3, 527.5, subsection
87, sections 527.11, 527.12, and any other pertinent provision
9of this chapter.
10 Sec. 2743. Section 528.2, subsection 1, Code 2023, is
11amended to read as follows:
121. “Administrator” means the superintendent of banking and
13the superintendent of credit unions within the department of
14commerce insurance and financial services.
15 Sec. 2744. Section 533.102, subsection 4, Code 2023, is
16amended to read as follows:
174. “Credit union service organization” means a corporation,
18limited partnership, or limited liability company organized
19under state law to provide financial and financial-related
20services for one or more credit unions, each of which owns part
21of the capital stock of the credit union service organization,
22as authorized under section 533.301, subsection 5, paragraph
23“f”, and which corporation, limited partnership, or limited
24liability company is subject to examination by the credit union
25division of the Iowa department of commerce insurance and
26financial services or a federal supervisory agency.
27 Sec. 2745. Section 533.103, Code 2023, is amended to read
28as follows:
29533.103 Credit union division created.
30A credit union division of the department of commerce
31 insurance and financial services is created to administer this
32chapter.
33 Sec. 2746. Section 533.104, Code 2023, is amended to read
34as follows:
35533.104 Superintendent of credit unions.
-1479- 11. A superintendent of credit unions shall be appointed by
2the governor to serve at the pleasure of the governor, subject
3to confirmation by the senate, to regulate credit unions.
4a. The appointee shall be selected solely with regard to
5qualification and fitness to discharge the duties of office.
6b. The and the individual appointed shall have at least
7five years’ experience as a director or executive officer of
8a credit union, or comparable experience in the regulation or
9examination of credit unions. For purposes of this paragraph
10 subsection, credit union membership does not qualify as credit
11union experience.
122. The superintendent shall have an office at the seat
13of government. The superintendent’s term of office shall be
14four years beginning and ending as provided by section 69.19.
15The governor may remove the superintendent for malfeasance
16in office, or for any cause that renders the superintendent
17ineligible, incapable, or unfit to discharge the duties of the
18office.
193. The superintendent shall receive a salary set by the
20governor within a range established by the general assembly.
214. A vacancy in the office of superintendent shall be filled
22for the unexpired portion of the regular term.
235. 3. The superintendent may adopt rules as necessary or
24appropriate to administer this chapter, subject to the prior
25approval of the rules by the review board.
26 Sec. 2747. Section 533.111, subsections 1, 4, and 5, Code
272023, are amended to read as follows:
281. a. All expenses required in the discharge of the
29duties and responsibilities imposed upon the credit union
30division, the superintendent, and the review board by the laws
31of this state shall be paid from fees provided by the laws
32of this state and appropriated by the general assembly from
33the department of commerce revolving fund created in section
34546.12.
35b. All fees imposed under this chapter are payable to
-1480-1the superintendent, who shall pay all fees and other moneys
2received to the treasurer of state within the time required by
3section 12.10. The treasurer of state shall deposit such funds
4in the department of commerce revolving fund created in section
5546.12.
64. a. All fees and other moneys collected shall be
7deposited into the department of commerce revolving fund
8created in section 546.12 and expenses required to be paid
9under this section shall be paid from moneys in the department
10of commerce revolving fund and appropriated for those purposes.
11b. Funds appropriated to the credit union division shall
12be subject at all times to the warrant of the director
13of the department of administrative services, drawn upon
14written requisition of the superintendent or a designated
15representative, for the payment of all salaries and other
16expenses necessary to carry out the duties of the credit union
17division.
185. The credit union division may accept reimbursement of
19expenses related to the examination of a state credit union
20from the national credit union administration or any other
21guarantor or insurance plan authorized by this chapter. These
22reimbursements shall be deposited into the department of
23 commerce revolving fund created in section 546.12.
24 Sec. 2748. Section 533A.10, subsection 1, Code 2023, is
25amended to read as follows:
261. The superintendent may examine the condition and
27affairs of a licensee. In connection with any examination,
28the superintendent may examine on oath any licensee, and any
29director, officer, employee, customer, creditor, or stockholder
30of a licensee concerning the affairs and business of the
31licensee. The superintendent shall ascertain whether the
32licensee transacts its business in the manner prescribed by
33the law and applicable rules. The licensee shall pay the cost
34of the examination as determined by the superintendent based
35on the actual cost of the operation of the finance bureau of
-1481-1the banking division of the department of commerce insurance
2and financial services, including the proportionate share of
3the administrative expenses in the operation of the banking
4division attributable to the finance bureau, as determined by
5the superintendent, incurred in the discharge of duties imposed
6upon the superintendent by this chapter. Failure to pay the
7examination fee within thirty days of receipt of demand from
8the superintendent shall subject the licensee to a late fee of
9up to five percent per day of the amount of the examination fee
10for each day the payment is delinquent.
11 Sec. 2749. Section 533A.14, Code 2023, is amended to read
12as follows:
13533A.14 Fees to state treasurer.
14All moneys received by the superintendent from fees,
15licenses, and examinations pursuant to this chapter shall be
16deposited by the superintendent with the treasurer of state for
17deposit in the department of commerce revolving fund created
18in section 546.12.
19 Sec. 2750. Section 533C.902, subsection 1, Code 2023, is
20amended to read as follows:
211. A financial services licensing fund is created as a
22separate fund in the state treasury under the authority of the
23banking division of the department of commerce insurance and
24financial services. Moneys deposited in the fund shall be used
25to pay for staffing necessary to perform examinations, audits,
26and other duties required of the superintendent and the banking
27division under this chapter.
28 Sec. 2751. Section 533D.11, subsection 3, Code 2023, is
29amended to read as follows:
303. The superintendent shall determine the cost of the
31examination or investigation based upon the actual cost of the
32operation of the finance bureau of the banking division of
33the department of commerce insurance and financial services,
34including the proportionate share of administrative expenses
35in the operation of the banking division attributable to the
-1482-1finance bureau as determined by the superintendent, incurred
2in the discharge of duties imposed upon the superintendent by
3this chapter.
4 Sec. 2752. Section 535B.1, subsection 1, Code 2023, is
5amended to read as follows:
61. “Administrator” means the superintendent of the division
7of banking of the department of commerce insurance and
8financial services.
9 Sec. 2753. Section 535B.10, subsection 5, paragraph a, Code
102023, is amended to read as follows:
11a. The licensee shall pay the cost of the examination or
12investigation as determined by the administrator based on
13the actual cost of the operation of the finance bureau of
14the banking division of the department of commerce insurance
15and financial services, including the proportionate share
16of administrative expenses in the operation of the banking
17division attributable to the finance bureau as determined by
18the administrator, incurred in the discharge of duties imposed
19upon the administrator by this chapter.
20 Sec. 2754. Section 535C.11, unnumbered paragraph 1, Code
212023, is amended to read as follows:
22This chapter does not apply to activities or arrangements
23expressly approved or regulated by the department of commerce
24 insurance and financial services.
25 Sec. 2755. Section 535D.11, subsection 2, Code 2023, is
26amended to read as follows:
272. The payment of application and renewal fees for licenses
28through the nationwide mortgage licensing system and registry
29and any additional fees as determined by the superintendent
30based on the actual cost of the operation of the finance bureau
31of the banking division of the department of commerce insurance
32and financial services, including the proportionate share
33of administrative expenses in the operation of the banking
34division attributable to the finance bureau as determined by
35the superintendent, incurred in the discharge of duties imposed
-1483-1by this chapter.
2 Sec. 2756. Section 536.10, subsection 3, Code 2023, is
3amended to read as follows:
43. A licensee subject to examination, supervision,
5and regulation by the superintendent shall pay to the
6superintendent an examination fee based on the actual cost
7of the operation of the regulated loan bureau of the banking
8division of the department of commerce insurance and financial
9services and the proportionate share of administrative expenses
10in the operation of the banking division attributable to the
11regulated loan bureau as determined by the superintendent.
12The fee shall apply equally to all licenses and shall not be
13changed more frequently than annually. A fee change shall be
14effective on January 1 of the year following the year in which
15the change is approved.
16 Sec. 2757. Section 536A.2, subsection 9, Code 2023, is
17amended to read as follows:
189. “Superintendent” means the superintendent of banking
19within the banking division of the department of commerce
20 insurance and financial services.
21 Sec. 2758. Section 536A.15, subsection 4, Code 2023, is
22amended to read as follows:
234. The licensee shall be charged and shall pay the actual
24costs of the examination as determined by the superintendent
25based on the actual cost of the operation of the finance bureau
26of the banking division of the department of commerce insurance
27and financial services including the proportionate share
28of administrative expenses in the operation of the banking
29division attributable to the finance bureau as determined by
30the superintendent incurred in the discharge of the duties
31imposed upon the superintendent by this chapter. Failure to
32pay the examination fee within thirty days of receipt of demand
33from the superintendent shall subject the licensee to a late
34fee of five percent of the amount of the examination fee for
35each day the payment is delinquent.
-1484-1 Sec. 2759. Section 537.2501, subsection 2, paragraph b,
2subparagraph (3), unnumbered paragraph 1, Code 2023, is amended
3to read as follows:
4The premium rates have been affirmatively approved by the
5insurance division of the department of commerce insurance and
6financial services. In approving or establishing the rates,
7the division shall review the insurance company’s actuarial
8data to assure that the rates are fair and reasonable. The
9insurance commissioner shall either hire or contract with a
10qualified actuary to review the data. The insurance division
11shall obtain reimbursement from the insurance company for the
12cost of the actuarial review prior to approving the rates.
13In addition, the rates shall be made in accordance with the
14following provisions:
15 Sec. 2760. Section 546.1, subsections 1 and 2, Code 2023,
16are amended to read as follows:
171. “Department” means the department of commerce insurance
18and financial services.
192. “Director” means the director of the department of
20commerce insurance and financial services.
21 Sec. 2761. Section 546.2, subsections 1, 2, and 3, Code
222023, are amended to read as follows:
231. A department of commerce insurance and financial
24services is created to coordinate and administer the various
25regulatory, service, and licensing functions of the state
26relating to the conducting of business or commerce in the
27state.
282. The chief administrative officer of the department is the
29director. The director shall be appointed by the governor from
30among those individuals who serve as heads of the divisions
31within the department the commissioner of insurance appointed
32pursuant to section 505.2. A division head appointed to be the
33 The director shall fulfill the responsibilities and duties of
34the director of the department in addition to the individual’s
35 director’s responsibilities and duties as the head of a the
-1485-1insurance division. The director shall serve at the pleasure
2of the governor. If the office of director becomes vacant,
3the vacancy shall be filled in the same manner as the original
4appointment was made.
53. The department is administratively organized into the
6following divisions:
7a. Banking.
8b. Credit union.
9c. Utilities.
10d. c. Insurance.
11e. Alcoholic beverages.
12 Sec. 2762. Section 546.12, Code 2023, is amended to read as
13follows:
14546.12 Department of insurance and financial services
15 commerce revolving fund.
161. A department of commerce revolving fund is created in
17the state treasury. The fund shall consist of moneys collected
18by the banking division; credit union division; utilities
19division board, including moneys collected on behalf of the
20office of consumer advocate established in section 475A.3;
21and the insurance division of the department; and deposited
22into an account for that division, board, or office within
23the fund on a monthly basis. Except as otherwise provided
24by statute, all costs for operating the office of consumer
25advocate and the banking division, the credit union division,
26the utilities division board, and the insurance division of the
27department shall be paid from the division’s accounts within
28the fund, subject to appropriation by the general assembly.
29The insurance division shall administer the fund and all other
30divisions shall work with the insurance division to make sure
31the fund is properly accounted and reported to the department
32of management and the department of administrative services.
33The divisions shall provide quarterly reports to the department
34of management and the legislative services agency on revenues
35billed and collected and expenditures from the fund in a format
-1486-1as determined by the department of management in consultation
2with the legislative services agency.
32. To meet cash flow needs for the office of consumer
4advocate and the banking division, credit union division,
5utilities division board, or the insurance division of the
6department, the administrative head of that division, board,
7 or office may temporarily use funds from the general fund of
8the state to pay expenses in excess of moneys available in
9the revolving fund for that division, board, or office if
10those additional expenditures are fully reimbursable and the
11division, board, or office reimburses the general fund of the
12state and ensures all moneys are repaid in full by the close
13of the fiscal year. Notwithstanding any provision to the
14contrary, the divisions shall, to the fullest extent possible,
15make an estimate of billings and make such billings as early as
16possible in each fiscal year, so that the need for the use of
17general fund moneys is minimized to the lowest extent possible.
18Periodic billings shall be deemed sufficient to satisfy this
19requirement. Because any general fund moneys used shall be
20fully reimbursed, such temporary use of funds from the general
21fund of the state shall not constitute an appropriation for
22purposes of calculating the state general fund expenditure
23limitation pursuant to section 8.54.
243. Section 8.33 does not apply to any moneys credited or
25appropriated to the commerce revolving fund from any other
26fund.
274. The establishment of the commerce revolving fund
28pursuant to this section shall not be interpreted in any
29manner to compromise or impact the accountability of, or limit
30authority with respect to, an agency or entity under state
31law. Any provision applicable to, or responsibility of, a
32division, board, or office collecting moneys for deposit into
33the fund established pursuant to this section shall not be
34altered or impacted by the existence of the fund and shall
35remain applicable to the same extent as if the division, board,
-1487-1 or office were receiving moneys pursuant to a general fund
2appropriation. The divisions of the department of commerce
3 insurance and financial services shall comply with directions
4by the governor to executive branch departments regarding
5restrictions on out-of-state travel, hiring justifications,
6association memberships, equipment purchases, consulting
7contracts, and any other expenditure efficiencies that the
8governor deems appropriate.
9 Sec. 2763. Section 714E.6, subsection 4, Code 2023, is
10amended to read as follows:
114. Notwithstanding any other provision of this section,
12an action shall not be brought on the basis of a violation of
13this chapter, except by an owner against whom the violation was
14committed or by the attorney general. This limitation does not
15apply to administrative action by either the attorney general
16or the superintendent of the banking division of the department
17of commerce insurance and financial services.
18 Sec. 2764. Section 714F.8, subsection 3, paragraph b,
19subparagraph (1), Code 2023, is amended to read as follows:
20(1) Make a payment to the foreclosed homeowner such that the
21foreclosed homeowner has received consideration in an amount
22of at least eighty-two percent of the fair market value of the
23property, as the property was when the foreclosed homeowner
24vacated the property, within ninety days of either the eviction
25or voluntary relinquishment of possession of the property by
26the foreclosed homeowner. The foreclosure purchaser shall make
27a detailed accounting of the basis for the payment amount, or
28a detailed accounting of the reasons for failure to make a
29payment, including providing written documentation of expenses,
30within this ninety-day period. The accounting shall be on a
31form prescribed by the attorney general, in consultation with
32the superintendent of the banking division of the department of
33commerce insurance and financial services without being subject
34to the rulemaking procedures of chapter 17A.
35 Sec. 2765. Section 714F.8, subsection 3, paragraph b,
-1488-1subparagraph (2), subparagraph division (b), Code 2023, is
2amended to read as follows:
3(b) The time for determining the fair market value amount
4shall be determined in the foreclosure reconveyance contract
5as either at the time of the execution of the foreclosure
6reconveyance contract or at resale. If the contract states
7that the fair market value shall be determined at the time
8of resale, the fair market value shall be the resale price
9if it is sold within sixty days of the eviction or voluntary
10relinquishment of the property by the foreclosed homeowner.
11If the contract states that the fair market value shall
12be determined at the time of resale, and the resale is not
13completed within sixty days of the eviction or voluntary
14relinquishment of the property by the foreclosed homeowner, the
15fair market value shall be determined by an appraisal conducted
16within one hundred eighty days of the eviction or voluntary
17relinquishment of the property by the foreclosed homeowner
18and payment, if required, shall be made to the foreclosed
19homeowner, but the fair market value shall be recalculated as
20the resale price on resale and an additional payment amount,
21if appropriate, based on the resale price, shall be made to
22the foreclosed homeowner within fifteen days of resale, and
23a detailed accounting of the basis for the payment amount,
24or a detailed accounting of the reasons for failure to make
25additional payment, shall be made within fifteen days of
26resale, including providing written documentation of expenses.
27The accounting shall be on a form prescribed by the attorney
28general, in consultation with the superintendent of the banking
29division of the department of commerce insurance and financial
30services, without being subject to the rulemaking procedures
31of chapter 17A.
32 Sec. 2766. Section 714F.9, subsection 1, Code 2023, is
33amended to read as follows:
341. Remedies. A violation of this chapter is an unlawful
35practice pursuant to section 714.16, and all the remedies of
-1489-1section 714.16 are available for such an action. A private
2cause of action brought under this chapter by a foreclosed
3homeowner is in the public interest. A foreclosed homeowner
4may bring an action for a violation of this chapter. If
5the court finds a violation of this chapter, the court shall
6award to the foreclosed homeowner actual damages, appropriate
7equitable relief, and the costs of the action, and shall
8award reasonable fees to the foreclosed homeowner’s attorney.
9Notwithstanding any other provision of this section, an action
10shall not be brought on the basis of a violation of this
11chapter except by a foreclosed homeowner against whom the
12violation was committed or by the attorney general. This
13limitation does not apply to administrative action by the
14superintendent of the banking division of the department of
15commerce insurance and financial services.
16 Sec. 2767. REPEAL. Section 524.202, Code 2023, is repealed.
17DIVISION XVI
18DEPARTMENT OF CORRECTIONS — JUDICIAL DISTRICT DEPARTMENTS OF
19CORRECTIONAL SERVICES AND COMMUNITY-BASED CORRECTIONAL PROGRAMS
20 Sec. 2768. Section 7E.5, subsection 1, paragraph n, Code
212023, is amended to read as follows:
22n. The department of corrections, created in section
23904.102, which has primary responsibility for corrections
24administration, corrections institutions, prison industries,
25judicial district departments of correctional services and
26the development, funding, and monitoring of community-based
27corrections programs.
28 Sec. 2769. Section 8D.2, subsection 5, paragraph a, Code
292023, is amended to read as follows:
30a. “Public agency” means a state agency, an institution
31under the control of the board of regents, the judicial
32branch as provided in section 8D.13, subsection 14, a school
33corporation, a city library, a county library as provided in
34chapter 336, or a judicial district department of correctional
35services established in section 905.2, to the extent provided
-1490-1in section 8D.13, subsection 12, an agency of the federal
2government, or a United States post office which receives a
3federal grant for pilot and demonstration projects.
4 Sec. 2770. Section 80D.1, subsection 1, Code 2023, is
5amended to read as follows:
61. The governing body of a city, a county, the state
7of Iowa, or a judicial district department of correctional
8services the Iowa department of corrections may provide, either
9separately or collectively through a chapter 28E agreement, for
10the establishment of a force of reserve peace officers, and may
11limit the size of the reserve force. In the case of the state,
12the department of public safety shall act as the governing
13body.
14 Sec. 2771. Section 80D.6, subsection 1, Code 2023, is
15amended to read as follows:
161. Reserve peace officers shall serve as peace officers
17on the orders and at the discretion of the chief of police,
18sheriff, commissioner of public safety or the commissioner’s
19designee, or director of the judicial district department of
20correctional services Iowa department of corrections or the
21director’s designee, as the case may be.
22 Sec. 2772. Section 80D.7, Code 2023, is amended to read as
23follows:
2480D.7 Carrying weapons.
25A member of a reserve force shall not carry a weapon in
26the line of duty until the member has been approved by the
27governing body and certified by the Iowa law enforcement
28academy council to carry weapons. After approval and
29certification, a reserve peace officer may carry a weapon in
30the line of duty only when authorized by the chief of police,
31sheriff, commissioner of public safety or the commissioner’s
32designee, or director of the judicial district department of
33correctional services Iowa department of corrections or the
34director’s designee, as the case may be.
35 Sec. 2773. Section 80D.9, Code 2023, is amended to read as
-1491-1follows:
280D.9 Supervision of reserve peace officers.
31. Reserve peace officers shall be subordinate to regular
4peace officers, shall not serve as peace officers unless
5under the direction of regular peace officers, and shall
6wear a uniform prescribed by the chief of police, sheriff,
7commissioner of public safety, or director of the judicial
8district department of correctional services Iowa department of
9corrections unless that superior officer designates alternate
10apparel for use when engaged in assignments involving special
11investigation, civil process, court duties, jail duties, and
12the handling of mental patients. The reserve peace officer
13shall not wear an insignia of rank.
142. Each department for which a reserve force is established
15shall appoint a certified peace officer as the reserve force
16coordinating and supervising officer. A reserve peace
17officer force established in a judicial district department of
18correctional services by the Iowa department of corrections
19 must be directly supervised by a certified peace officer who is
20on duty. That certified peace officer shall report directly
21to the chief of police, sheriff, commissioner of public safety
22or the commissioner’s designee, or director of the judicial
23district department of correctional services Iowa department of
24corrections or the director’s designee, as the case may be.
25 Sec. 2774. Section 80D.11, Code 2023, is amended to read as
26follows:
2780D.11 Employee — pay.
28While performing official duties, each reserve peace officer
29shall be considered an employee of the governing body which the
30officer represents and shall be paid a minimum of one dollar
31per year. The governing body of a city, a county, the state,
32or a judicial district department of correctional services the
33Iowa department of corrections may provide additional monetary
34assistance for the purchase and maintenance of uniforms and
35equipment used by reserve peace officers.
-1492-1 Sec. 2775. Section 97B.49B, subsection 1, paragraph e,
2subparagraph (14), Code 2023, is amended to read as follows:
3(14) An employee of a judicial district the Iowa department
4of correctional services corrections whose condition of
5employment requires the employee to be certified by the Iowa
6law enforcement academy and who is required to perform the
7duties of a parole officer as provided in section 906.2.
8 Sec. 2776. Section 97B.49B, subsection 3, paragraph f, Code
92023, is amended by striking the paragraph.
10 Sec. 2777. Section 331.211, subsection 1, Code 2023, is
11amended to read as follows:
121. The board, at its first meeting in each year, shall:
13a. Organize by choosing choose one of its members as
14chairperson who shall preside at all of its meetings during the
15year. The board may also select a vice chairperson who shall
16serve during the absence of the chairperson.
17b. Choose one of its members to be a member of the board of
18directors of the judicial district department of correctional
19services as provided in section 905.3, subsection 1, paragraph
20“a”, subparagraph (1).
21 Sec. 2778. Section 331.321, subsection 1, paragraph x, Code
222023, is amended by striking the paragraph.
23 Sec. 2779. Section 904.108, subsection 1, paragraph l, Code
242023, is amended to read as follows:
25l. Adopt rules, policies, and procedures, subject to
26the approval of the board, pertaining to community-based
27correctional programs, and the supervision of parole and work
28release.
29 Sec. 2780. NEW SECTION. 904.301A Appointment of directors.
30The director shall appoint, subject to the approval of the
31board, a director for each judicial district department of
32correctional services established in section 905.2.
33 Sec. 2781. Section 905.1, Code 2023, is amended to read as
34follows:
35905.1 Definitions.
-1493- 1As used in this chapter, unless the context otherwise
2requires:
31. “Administrative agent” means the county selected by the
4district board to perform accounting, budgeting, personnel,
5facilities management, insurance, payroll and other supportive
6services on the behalf of the district board, or the district
7department itself, if so designated by the district board.
82. 1. “Community-based correctional program” means
9correctional programs and services, under the direction of a
10director and the Iowa department of corrections, including
11but not limited to an intermediate criminal sanctions program
12in accordance with the corrections continuum in section
13901B.1, designed to supervise and assist individuals who
14are charged with or have been convicted of a felony, an
15aggravated misdemeanor or a serious misdemeanor, or who
16are on probation or parole in lieu of or as a result of a
17sentence of incarceration imposed upon conviction of any
18of these offenses, or who are contracted to the district
19department for supervision and housing while on work release.
20A community-based correctional program shall be designed by a
21district department, under the direction and control of the
22Iowa department of corrections, in a manner that provides
23services in a manner free of disparities based upon an
24individual’s race or ethnic origin.
253. 2. “Director” means the director of a judicial district
26department of correctional services, appointed by the director
27of the Iowa department of corrections, and employed by the Iowa
28department of corrections.
294. 3. “District advisory board” means the advisory board
30of directors of a judicial district department of correctional
31services.
325. 4. “District department” means a judicial district
33department of correctional services, under the direction and
34control of the Iowa department of corrections, established as
35required by section 905.2.
-1494- 16. “Project” means a locally functioning part of a
2community-based correctional program, officed and operating in
3a physical location separate from the offices of the district
4department.
57. “Project advisory committee” means a committee of no more
6than seven persons which shall act in an advisory capacity to
7the director on matters pertaining to the planning, operation,
8and other pertinent functions of each project in the judicial
9district. The members of the project advisory committee for
10each project shall be initially appointed by the director
11from among the general public. Not more than one half of the
12project advisory committee shall hold public office or public
13employment during membership on the committee. A person who
14holds public office as a county supervisor and serves on the
15board of directors under section 905.3 shall not be a member of
16a project advisory committee under this section. The terms of
17the initial members of the project advisory committee shall be
18staggered to permit the terms of just over half of the members
19to expire in two years and those of the remaining members to
20expire in one year. Subsequent appointments to the project
21advisory committee shall be by vote of a majority of the whole
22project advisory committee for two-year terms.
23 Sec. 2782. Section 905.2, Code 2023, is amended to read as
24follows:
25905.2 District departments established.
261. There is established in each judicial district in this
27state a public agency to be known as the “........judicial
28district department of correctional services.” Each district
29department shall furnish or contract for those services
30necessary to provide a community-based correctional program
31which meets the needs of that judicial district requirements of
32the Iowa department of corrections.
332. The district department is under the direction of a
34board of directors the Iowa department of corrections, selected
35as provided in section 905.3, and shall be administered by a
-1495-1director employed by the board Iowa department of corrections.
2A district department is a state agency for purposes of chapter
3669.
43. All employees of a district department shall be employees
5of the Iowa department of corrections.
6 Sec. 2783. Section 905.3, Code 2023, is amended to read as
7follows:
8905.3 Board of directors — executive committee District
9advisory board — expenses reimbursed.
101. a. The board of directors of A district advisory board
11is established for each district department, which shall serve
12in an advisory capacity to a director without compensation, and
13 shall be composed as follows:
14(1) One member shall be chosen appointed annually by a
15director from and by the board of supervisors of each county
16in the judicial district and shall be so designated annually
17by the respective boards of supervisors at the organizational
18meetings held under section 331.211.
19(2) One member shall be chosen from each of the project
20advisory committees within the judicial district, which person
21shall be designated annually, no later than January 15, by and
22from the project advisory committee. However, in lieu of the
23designation of project advisory committee members as members of
24the district board, the district board may The director shall
25 on or before December 31 appoint two citizen members to serve
26on the district advisory board for the following calendar year.
27(3) A number of members equal to the number of authorized
28board members from project advisory committees or equal to the
29number of citizen members shall be appointed by the chief judge
30of the judicial district no later than January 15 of each year
31 on or before December 31 to serve on the district advisory
32board for the following calendar year.
33b. Within thirty days after the members of the district
34board have been so designated for the year, the district
35board shall organize by election of a chairperson, a vice
-1496-1chairperson, and members of the executive committee as required
2by subsection 2. The district advisory board shall meet at
3least not more often than quarterly during the calendar year
4but may meet more frequently upon the call of the chairperson
5or upon a call signed by a majority, determined by weighted
6vote computed as in subsection 4, of the members of the board.
72. Each district board shall have an executive committee
8consisting of the chairperson and vice chairperson and at
9least one but no more than five other members of the district
10board. Either the chairperson or the vice chairperson shall
11be a supervisor, and the remaining representation on the
12executive committee shall be divided as equally as possible
13among supervisor members, project advisory committee members
14or citizen members, and judicially appointed members. The
15executive committee may exercise all of the powers and
16discharge all of the duties of the district board, as
17prescribed by this chapter, except those specifically withheld
18from the executive committee by action of the district board.
193. 2. The members of the district advisory board and of
20the executive committee shall be reimbursed from funds of the
21district department for travel and other expenses necessarily
22incurred in attending meetings of those bodies, or while
23otherwise engaged on business of the district department.
244. Each member of the district board shall have one vote
25on the board. However, upon the request of any supervisory
26member, the vote on any matter before the board shall be
27taken by weighted vote. In each such case, the vote of the
28supervisor representative of the least populous county in the
29judicial district shall have a weight of one unit, and the vote
30of each of the other supervisor members shall have a weight
31which bears the same proportion to one unit as the population
32of the county that supervisor member represents bears to the
33population of the least populous county in the district. In
34the event of weighted vote, the vote of each member appointed
35from a project advisory committee or of each citizen member and
-1497-1of each judicially appointed member shall have a weight of one
2unit.
3 Sec. 2784. Section 905.4, Code 2023, is amended to read as
4follows:
5905.4 Duties of the district advisory board.
6The district advisory board shall:
71. Adopt bylaws and rules for the conduct of its own
8business and for the government of the district department’s
9community-based correctional program.
102. Employ a director having the qualifications required by
11section 905.6 to head the district department’s community-based
12correctional program and, within a range established by the
13Iowa department of corrections, fix the compensation of and
14have control over the director and the district department’s
15staff. For purposes of collective bargaining under chapter
1620, employees of the district board who are not exempt from
17chapter 20 are employees of the state, and the employees of all
18of the district boards shall be included within one collective
19bargaining unit.
203. Designate one of the counties in the judicial district
21to serve as the district department’s administrative agent
22to provide, in that capacity, all accounting, personnel,
23facilities management and supportive services needed by the
24district department, on terms mutually agreeable in regard
25to advancement of funds to the county for the added expense
26it incurs as a result of being so designated. However, the
27district board may designate the district department itself as
28the district department’s administrative agent, if the district
29board determines that it would be more efficient and less
30costly than designating a county as the administrative agent.
314. File with the board of supervisors of each county in the
32district and with the Iowa department of corrections, within
33ninety days after the close of each fiscal year, a report
34covering the district board’s proceedings and a statement of
35receipts and expenditures during the preceding fiscal year.
-1498- 15. 2. Arrange for, by contract or on such alternative
2basis as may be mutually acceptable, and equip Advise the
3director concerning suitable quarters at one or more sites in
4the district as may be necessary for the district department’s
5community-based correctional program, provided that the
6board shall to the greatest extent feasible utilize existing
7facilities and shall keep capital expenditures for acquisition,
8renovation and repair of facilities to a minimum. The
9district board shall not enter into lease-purchase agreements
10for the purposes of constructing, renovating, expanding, or
11otherwise improving a community-based correctional facility or
12office unless express authorization has been granted by the
13general assembly, and current funding is adequate to meet the
14lease-purchase obligation.
156. Have authority to accept property by gift, devise,
16bequest or otherwise and to sell or exchange any property
17so accepted and apply the proceeds thereof, or the property
18received in exchange therefor, to the purposes enumerated in
19subsection 5.
207. 3. Recruit, and promote, accept and use local financial
21support for the district department’s community-based
22correctional program from private sources such as community
23service funds, business, industrial and private foundations,
24voluntary agencies and other lawful sources.
258. Accept and expend state and federal funds available
26directly to the district department for all or any part of the
27cost of its community-based correctional program.
289. Arrange, by contract or on an alternative basis mutually
29acceptable, and with approval of the director of the Iowa
30department of corrections or that director’s designee for
31utilization of existing local treatment and service resources,
32including but not limited to employment, job training,
33general, special, or remedial education; psychiatric and
34marriage counseling; and alcohol and drug abuse treatment and
35counseling. It is the intent of this chapter that a district
-1499-1board shall approve the development and maintenance of such
2resources by its own staff only if the resources are otherwise
3unavailable to the district department within reasonable
4proximity to the community where these services are needed in
5connection with the community-based correctional program.
610. Establish a project advisory committee to act in an
7advisory capacity on matters pertaining to the planning,
8operation, and other pertinent functions of each project in the
9judicial district.
1011. Have authority to establish a force of reserve peace
11officers, either separately or collectively through a chapter
1228E agreement, as provided in chapter 80D.
13 Sec. 2785. Section 905.6, Code 2023, is amended to read as
14follows:
15905.6 Duties of director.
16The director employed by the district board under section
17905.4, subsection 2, Iowa department of corrections shall be
18qualified in the administration of correctional programs. The
19director shall:
201. Perform the duties and have the responsibilities
21delegated by the district board or specified by the Iowa
22department of corrections pursuant to this chapter.
232. Manage the district department’s community-based
24correctional program, in accordance with the policies of the
25district board and the Iowa department of corrections.
263. Employ, with approval of the district board Iowa
27department of corrections, and supervise the employees of the
28district department, including reserve peace officers, if a
29force of reserve peace officers has been established.
304. Prepare all budgets and fiscal documents, and certify
31for payment all expenses and payrolls lawfully incurred by
32the district department. The director may invest funds which
33are not needed for current expenses, jointly with one or more
34cities, city utilities, counties, or rural water districts
35created under chapter 357A pursuant to a joint investment
-1500-1agreement. All investment of funds shall be subject to
2sections 12B.10 and 12B.10A and other applicable law.
35. Act as secretary to the district advisory board, prepare
4its agenda and record its proceedings. The district shall
5provide a copy of minutes from each meeting of the district
6advisory board to the legislative services agency.
76. Develop and submit to the district board Iowa department
8of corrections a plan for the establishment, implementation,
9and operation of a community-based correctional program in that
10judicial district, which program conforms to the guidelines
11drawn up by the Iowa department of corrections under this
12chapter and which conform to rules, policies, and procedures
13pertaining to the supervision of parole and work release
14adopted by the director of the Iowa department of corrections
15concerning the community-based correctional program.
167. Negotiate and, upon approval by the district board
17 Iowa department of corrections, implement contracts or other
18arrangements for utilization of local treatment and service
19resources authorized by section 905.4, subsection 9 15.
208. Administer the batterers’ treatment program for domestic
21abuse offenders required in section 708.2B.
229. Notify the board of parole, thirty days prior to release,
23of the release from a residential facility operated by the
24district department of a person serving a sentence under
25section 902.12.
2610. File with the director of the Iowa department of
27corrections, within ninety days after the close of each
28fiscal year, a report covering the district advisory board’s
29proceedings and a statement of receipts and expenditures during
30the preceding fiscal year.
3111. Arrange for, upon approval of the Iowa department of
32corrections, by contract or on such alternative basis as may
33be mutually acceptable, and equip suitable quarters at one or
34more sites in the district as may be necessary for the district
35department’s community-based correctional program, provided
-1501-1that the director shall to the greatest extent feasible utilize
2existing facilities and shall keep capital expenditures for
3acquisition, renovation, and repair of facilities to a minimum.
4The director shall not enter into lease-purchase agreements
5for the purposes of constructing, renovating, expanding, or
6otherwise improving a community-based correctional facility or
7office unless express authorization has been granted by the
8general assembly, and current funding is adequate to meet the
9lease-purchase obligation.
1012. Have authority to accept property by gift, devise,
11bequest, or otherwise, and to sell or exchange any property
12so accepted and apply the proceeds thereof, or the property
13received in exchange therefor, to the purposes enumerated in
14subsection 11.
1513. Recruit, promote, accept, and use local financial
16support for the district department’s community-based
17correctional program from private sources such as community
18service funds, business, industrial and private foundations,
19voluntary agencies, and other lawful sources.
2014. Accept and expend state and federal funds available
21directly to the district department for all or any part of the
22cost of its community-based correctional program.
2315. Arrange, by contract or on an alternative basis mutually
24acceptable, and with approval of the director of the Iowa
25department of corrections or that director’s designee for
26utilization of existing local treatment and service resources,
27including but not limited to employment, job training,
28general, special, or remedial education; psychiatric and
29marriage counseling; and substance use disorder treatment and
30counseling.
3116. Have authority to establish a force of reserve peace
32officers, either separately or collectively through a chapter
3328E agreement, as provided in chapter 80D.
34 Sec. 2786. Section 905.9, Code 2023, is amended to read as
35follows:
-1502- 1905.9 Report of review — sanction.
2Upon completion of a review of a district community-based
3correctional program, made under section 905.8, the Iowa
4department of corrections shall submit its findings to the
5district advisory board in writing. If the Iowa department
6of corrections concludes that the district department’s
7community-based correctional program fails to meet any of the
8requirements of this chapter and of the guidelines adopted
9under section 905.7, it shall also request in writing a
10response to this finding from the district advisory board.
11If a response is not received within sixty days after the
12date of that request, or if the response is unsatisfactory,
13the Iowa department of corrections may call a public hearing
14on the matter. If after the hearing, the Iowa department
15of corrections is not satisfied that the district’s
16community-based correctional program will expeditiously be
17brought into compliance with the requirements of this chapter
18and of the guidelines adopted under section 905.7, it may
19assume responsibility for administration of the district’s
20community-based correctional program on an interim basis.
21 Sec. 2787. REPEAL. Section 905.5, Code 2023, is repealed.
22 Sec. 2788. TRANSITION PROVISIONS.
231. Any rule promulgated by a district board of a judicial
24district department of correctional services as required to
25administer and enforce the provisions of chapter 905 shall
26continue in full force and effect until amended, repealed, or
27supplemented by affirmative action of the Iowa department of
28corrections.
292. Any contract entered into by a district board of a
30judicial district department of correctional services relating
31to the provisions of chapter 905 in effect on the effective
32date of this Act shall continue in full force and effect
33pending transfer of such contract to the Iowa department of
34corrections.
353. Any moneys remaining in any account or fund under the
-1503-1control of a district board of a judicial district department
2of correctional services on the effective date of this division
3of this Act and relating to the provisions of this division of
4this Act shall be transferred to a comparable fund or account
5under the control of the Iowa department of corrections.
6Notwithstanding section 8.33, the moneys transferred in
7accordance with this subsection shall not revert to the account
8or fund from which appropriated or transferred.
9 Sec. 2789. TRANSITION — APPOINTMENT AND TERM OF DISTRICT
10BOARD MEMBERS. This division of this Act shall not affect the
11appointment or term of a member serving on a district board
12of a judicial district department of correctional services
13immediately prior to the effective date of this division of
14this Act.
15 Sec. 2790. APPLICABILITY — VIOLATION OF CONDITIONS OF
16PAROLE OR PROBATION.
171. This division of this Act shall not be construed to
18affect a district department, probation officer, or parole
19officer’s authority, having probable cause, to arrest a person
20on probation or parole that is believed to have violated the
21conditions of supervision, consistent with sections 907.2,
22907.6, 908.1, and 908.11, and any administrative rules
23promulgated thereunder.
242. This division of this Act shall not be construed to
25affect a district department’s ability to establish probation
26conditions that meet the approval of the chief judge of the
27district, consistent with section 907.6 and any administrative
28rules promulgated thereunder.
293. This division of this Act shall not be construed to
30affect the authority of the board of parole to establish and
31approve standard parole conditions.
32DIVISION XVII
33BOARD OF PAROLE
34 Sec. 2791. Section 904A.1, Code 2023, is amended to read as
35follows:
-1504- 1904A.1 Board of parole — organization.
21. The board of parole is created to consist of five
3members. Each member, except the chairperson and the vice
4chairperson, shall be compensated on a day-to-day basis shall
5be appointed by the governor subject to confirmation by the
6senate. Each member shall serve a term of four years beginning
7and ending as provided by section 69.19, except for members
8appointed to fill vacancies who shall serve for the balance
9of the unexpired term. The terms shall be staggered. The
10chairperson and vice chairperson All members of the board shall
11be full-time, salaried members of the board. A majority of the
12members of the board constitutes a quorum to transact business.
132. The governor shall appoint a member of the board as
14the chairperson of the board, subject to confirmation by the
15senate. The appointment as chairperson shall serve at the
16pleasure of the governor.
17 Sec. 2792. Section 904A.6, Code 2023, is amended to read as
18follows:
19904A.6 Salaries and expenses.
20Each member, except the chairperson and the vice
21chairperson, of the board shall be paid per diem as determined
22by the general assembly. The chairperson and vice chairperson
23 of the board shall be paid a salary as determined by the
24general assembly. Each member of the board and all employees
25are entitled to receive, in addition to their per diem or
26 salary, their necessary maintenance and travel expenses while
27engaged in official business.
28 Sec. 2793. REPEAL. Sections 904A.2A and 904A.3, Code 2023,
29are repealed.
30 Sec. 2794. TRANSITION — APPOINTMENT AND TERM OF BOARD OF
31PAROLE MEMBERS. This division of this Act shall not affect the
32appointment or term of a member serving on the board of parole
33immediately prior to the effective date of this division of
34this Act.
35DIVISION XVIII
-1505-1SALARIES OF APPOINTED STATE OFFICERS
2 Sec. 2795. APPOINTED STATE OFFICERS — SALARY RANGES.
31. Unless otherwise provided by law, the governor shall
4establish a salary for nonelected persons appointed by the
5governor within the executive branch of state government.
6In establishing a salary for a person holding a position
7enumerated in subsection 3 within the range provided, the
8governor may consider, among other items, the experience of
9the person in the position, changes in the duties of the
10position, the incumbent’s performance of assigned duties,
11and subordinates’ salaries. However, the attorney general
12shall establish the salary of the consumer advocate, the
13chief justice of the supreme court shall establish the salary
14of the state court administrator, the ethics and campaign
15disclosure board shall establish the salary of the executive
16director, the Iowa public information board shall establish
17the salary of the executive director, the board of regents
18shall establish the salary of the executive director, and the
19Iowa public broadcasting board shall establish the salary of
20the administrator of the public broadcasting division of the
21department of education, each within the salary range provided
22in subsection 3.
232. A person whose salary is established pursuant to this
24section and who is a full-time, year-round employee of the
25state shall not receive any other remuneration from the state
26or from any other source for the performance of that person’s
27duties unless the additional remuneration is first approved by
28the governor or authorized by law. However, this subsection
29does not apply to reimbursement for necessary travel and
30expenses incurred in the performance of duties or fringe
31benefits normally provided to employees of the state.
323. a. The following annual salary ranges for appointed
33state officers are effective for the positions specified in
34this subsection for the fiscal year beginning July 1, 2023,
35effective for the pay period beginning June 23, 2023, and
-1506-1for subsequent fiscal years until otherwise provided by the
2general assembly. The governor or other person designated
3in subsection 1 shall determine the salary to be paid to the
4person indicated at a rate within the applicable salary range
5from moneys appropriated by the general assembly for that
6purpose.
7SALARY RANGE Minimum Maximum
8(1) Range 4 $ 63,690 $ 97,460
9(2) Range 5 $ 73,250 $112,070
10(3) Range 6 $ 84,240 $128,890
11(4) Range 7 $100,840 $154,300
12b. The following are range 4 positions: chairperson and
13members of the employment appeal board of the department of
14inspections, appeals, and licensing, director of the Iowa state
15civil rights commission, director of the department for the
16blind, executive director of the ethics and campaign disclosure
17board, executive director of the Iowa public information board,
18and chairperson, vice chairperson, and members of the board of
19parole.
20c. The following are range 5 positions: state public
21defender, labor commissioner, workers’ compensation
22commissioner, director of the law enforcement academy, and
23executive director of the public employment relations board.
24d. The following are range 6 positions: superintendent of
25banking, superintendent of credit unions, consumer advocate,
26and chairperson and members of the utilities board.
27e. The following are range 7 positions: administrator
28of the public broadcasting division of the department of
29education, executive director of the Iowa telecommunications
30and technology commission, executive director of the state
31board of regents, lottery administrator of the department of
32revenue, and state court administrator.
33 Sec. 2796. Section 8A.102, subsection 2, Code 2023, is
34amended to read as follows:
352. The person appointed as director shall be professionally
-1507-1qualified by education and have no less than five years’
2experience in the field of management, public or private sector
3personnel administration including the application of merit
4principles in employment, financial management, and policy
5development and implementation. The appointment shall be made
6without regard for political affiliation. The director shall
7not be a member of any local, state, or national committee
8of a political party, an officer or member of a committee in
9any partisan political club or organization, or hold or be a
10candidate for a paid elective public office. The director is
11subject to the restrictions on political activity provided
12in section 8A.416. The governor shall set the salary of the
13director within pay grade nine.
14 Sec. 2797. Section 80.2, Code 2023, is amended to read as
15follows:
1680.2 Commissioner — appointment.
17The chief executive officer of the department of public
18safety is the commissioner of public safety. The governor
19shall appoint, subject to confirmation by the senate, a
20commissioner of public safety, who shall be a person of
21high moral character, of good standing in the community in
22which the commissioner lives, of recognized executive and
23administrative capacity, and who shall not be selected on the
24basis of political affiliation. The commissioner of public
25safety shall devote full time to the duties of this office; the
26commissioner shall not engage in any other trade, business, or
27profession, nor engage in any partisan or political activity.
28The commissioner shall serve at the pleasure of the governor,
29at an annual salary as fixed by the general assembly.
30 Sec. 2798. Section 84A.1, subsection 2, paragraph b, Code
312023, is amended to read as follows:
32b. The governor shall set the salary of the director
33within the applicable salary range established by the general
34assembly.
35 Sec. 2799. Section 256.10, subsection 1, Code 2023, is
-1508-1amended to read as follows:
21. The salary of the director shall be fixed by the governor
3within a range established by the general assembly.
4 Sec. 2800. Section 307.11, subsection 2, Code 2023, is
5amended to read as follows:
62. The director shall receive a salary as fixed by the
7governor within a salary range set by the general assembly.
8 Sec. 2801. Section 455A.3, Code 2023, is amended to read as
9follows:
10455A.3 Director — qualifications.
11The chief administrative officer of the department is
12the director who shall be appointed by the governor, subject
13to confirmation of the senate, and serve at the governor’s
14pleasure. The governor shall make the appointment based on
15the appointee’s training, experience, and capabilities. The
16director shall be knowledgeable in the general field of natural
17resource management and environmental protection. The salary
18of the director shall be fixed by the governor within salary
19guidelines or a range established by the general assembly.
20 Sec. 2802. EFFECTIVE DATE. This division of this Act takes
21effect June 23, 2023.
22DIVISION XIX
23BOARDS AND COMMISSIONS
24 Sec. 2803. BOARDS AND COMMISSIONS REVIEW COMMITTEE —
25REPORT.
261. A boards and commissions review committee shall be
27established to study the efficiency and effectiveness of each
28board, council, commission, committee, or other similar entity
29of the state established by the Code. The committee shall
30evaluate the extent to which the goals and objectives of those
31entities are currently being met and make recommendations for
32the continuation, elimination, consolidation, or reorganization
33of those entities as needed.
342. The committee shall consist of six voting members and
35four ex officio, nonvoting members.
-1509- 1a. The voting members of the committee shall be composed of
2all of the following:
3(1) One staff member of the governor’s office, appointed by
4the governor.
5(2) The administrative rules coordinator or the
6coordinator’s designee.
7(3) The director of the department of management or the
8director’s designee.
9(4) The director of the department of inspections, appeals,
10and licensing or the director’s designee.
11(5) One assistant attorney general, appointed by the
12governor upon recommendation of the attorney general.
13(6) One member of the public, appointed by the governor.
14b. The ex officio, nonvoting members of the committee shall
15be two state representatives, one appointed by the speaker of
16the house of representatives and one by the minority leader
17of the house of representatives, and two state senators, one
18appointed by the majority leader of the senate and one by the
19minority leader of the senate.
203. The office of the governor shall provide staffing for
21the committee. The committee may seek the expertise and
22services of individuals or entities outside of its membership
23for research, advice, consultation, support, or other needs in
24furtherance of its responsibilities.
254. The committee shall submit a report containing its
26findings and recommendations to the governor and the general
27assembly on or before September 30, 2023.
285. All departments, agencies, boards, councils,
29commissions, committees, or other similar entity of the
30state established by the Code shall cooperate fully with the
31committee in its review process.
326. This section is repealed January 1, 2024.
33DIVISION XX
34MISCELLANEOUS PROVISIONS
35 Sec. 2804. IRRECONCILABLE AMENDMENTS. If an amendment
-1510-1to a statute in this Act is irreconcilable with an amendment
2made to the same statute that is contained in division I of
3this Act that implements the transition of the department of
4human services and the department of public health into the
5department of health and human services as required in 2022
6Iowa Acts, chapter 1131, section 51, the amendment to the
7statute that is not contained in division I of this Act shall
8prevail over and shall be codified instead of the amendment
9to the same statute that is contained in division I of this
10Act that implements the transition of the department of
11human services and the department of public health into the
12department of health and human services.
13 Sec. 2805. TRANSITION PROVISIONS.
141. Administrative rules.
15a. Any rule, regulation, form, order, or directive
16promulgated by any state agency mentioned in this Act,
17including any agency abolished, merged, or altered in this Act,
18and in effect on July 1, 2023, shall continue in full force and
19effect until amended, repealed, or supplemented by affirmative
20action of the appropriate state agency under the duties and
21powers of state agencies as established in this Act and under
22the procedure established in paragraph “b”, if applicable.
23b. In regard to updating references and format in the
24Iowa administrative code in order to correspond to the
25restructuring of state government as established in this Act,
26the administrative rules coordinator and the administrative
27rules review committee, in consultation with the administrative
28code editor, shall jointly develop a schedule for the necessary
29updating of the Iowa administrative code.
302. Legal obligations.
31a. Any license or permit issued by any state agency
32mentioned in this Act, including any agency abolished, merged,
33or altered in this Act, and in effect on July 1, 2023, shall
34continue in full force and effect until expiration or renewal.
35b. Any loan, grant, or item of value awarded, or contract
-1511-1entered into, as of July 1, 2023, by any state agency mentioned
2in this Act, including any agency abolished, merged, or altered
3in this Act, shall continue in full force and effect pursuant
4to the terms of the award of such loan, grant, item of value,
5or contract.
63. Funds. Any funds in any account or fund that is
7altered in this Act, or of a state agency abolished, merged,
8or altered in this Act, shall be transferred to the comparable
9fund or account or state agency as provided by this Act.
10Notwithstanding section 8.33, moneys transferred in accordance
11with this subsection shall not revert to the account or fund
12from which appropriated or transferred.
134. Litigation. Any administrative hearing, cause of
14action, or statute of limitation relating to a state agency
15transferred to another state agency as provided by this Act
16shall not be affected as a result of the transfer and such
17cause or statute of limitation shall apply to the successor
18state agency.
195. Boards and commissions. The holder of any position of
20membership on any board, committee, commission, or council in
21state government shall continue to hold such position until
22the end of the member’s term of office, notwithstanding any
23change in the name or organizational location of such board,
24committee, commission, or council that is made by this Act.
256. Signs and insignia. Any replacement of signs, logos,
26stationery, insignia, uniforms, and related items that is made
27due to the effect of this Act should be done as part of the
28normal replacement cycle for such items.
29 Sec. 2806. APPLICABILITY. The transition provisions in
30this division of this Act, to the extent not inconsistent with
31alternative provisions specifically provided by law or this
32Act, shall apply to this Act.
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